reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 19 - INVESTIGATION AND CONTROL OF DISEASES: GENERAL POWERS AND RESPONSIBILITIES › Section 333-019-1025 - Masking Requirements for Indoor Spaces

Current through Register Vol. 63, No. 7, July 1, 2024
(1) COVID-19 infection is transmitted
			 predominately by inhalation of respiratory droplets generated when people
			 cough, sneeze, sing, talk, or breathe. Studies show that masks and face
			 coverings block the release of respiratory droplets into the environment and
			 can also reduce the wearer's exposure to droplets. COVID-19 viral particles
			 spread between people more readily indoors, particularly when people are closer
			 together for longer periods of time indoors. This rule is necessary to help
			 control COVID-19, reduce hospitalizations and deaths, and provide general
			 health protection to people in Oregon.
(2) The requirements in this rule remain in
			 effect unless the State Public Health Director or State Public Health Officer
			 issues an order stating that some or all requirements in this rule are no
			 longer necessary to control COVID-19. If such an order is issued the Oregon
			 Health Authority must provide notice to interested parties and otherwise take
			 reasonable steps to ensure notice of the order is provided to those affected by
			 this rule in accordance with ORS
			 183.335(1).
			 The State Public Health Director or State Public Health Officer may also
			 rescind such an order, and such a rescission must also be noticed as provided
			 in this section. In determining whether this rule should remain in effect the
			 State Public Health Director or State Public Health Officer will take into
			 consideration as least the following information:
(a) The degree of COVID-19 transmission, as
			 measured by case rates, percent positivity, and any other objective metrics
			 indicative of current or potential transmission in Oregon.
(b) COVID-19 related hospitalizations and
			 deaths.
(c) Disparate COVID-19
			 related health impacts on communities of color and tribal communities.
(d) Guidance from the U.S. Centers
			 for Disease Control and Prevention.
(e) Proportion of the population partially or
			 fully vaccinated.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 19 - INVESTIGATION AND CONTROL OF DISEASES: GENERAL POWERS AND RESPONSIBILITIES › Section 333-019-1030

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  413.042, ORS
				  431A.010,
				  ORS
				  431.110  & ORS
				  433.004
Statutes/Other Implemented: ORS
				  431A.010,
				  ORS
				  431.110  & ORS
				  433.004
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 20 - EARLY HEARING DETECTION AND INTERVENTION › Section 333-020-0130 - Requirement for Hearing Screening in Children

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In all mandated facilities, each newborn
			 child shall receive a hearing screening, consistent with the Hearing Screening
			 Protocol, prior to discharge of the child from the facility.
(2) No newborn child may be refused a hearing
			 screening from a mandated facility because of an inability of the parent or
			 guardian to pay for the procedure.
(3) The Authority will determine the number
			 of live births per year by information provided by the Center for Health
			 Statistics of the Authority.
(4)
			 Hospitals or birthing centers which in the past have not had more than 200
			 births per year and which then report to the Authority more than 200 live
			 births in a calendar year, shall be required to begin providing newborn hearing
			 screening by July 1 of the following calendar year.
(5) Hospitals or birthing centers which in
			 the past have had more than 200 live births per year and which then report to
			 the Authority fewer than 200 live births in a calendar year may choose to
			 discontinue providing newborn hearing screening on or after July 1 of the
			 following calendar year.
(6)
			 Hospitals or birthing centers with fewer than 200 live births per year, and
			 which are not providing newborn hearing screening, shall provide the parent or
			 guardian of a newborn child born in their facility with information furnished
			 by the Authority including, but not limited to, a list of Authority recommended
			 screening facility locations and contact information, and a statement
			 indicating that newborn hearing screening is important to determine the
			 presence or absence of hearing loss and is considered standard of
			 care.
Statutory/Other Authority: ORS
				  433.321
Statutes/Other Implemented: ORS
				  433.321
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 20 - EARLY HEARING DETECTION AND INTERVENTION › Section 333-020-0132 - Requirements for Screening Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
Screening facilities shall:
(1) Provide the hearing screening results
			 verbally and in writing within 10 days of the screening to the parent or
			 guardian and the health care provider of the child. This notification shall
			 include a description of the meaning of a Pass result and a Refer result, as
			 defined in these rules.
(2) Provide
			 the names and contact information for diagnostic facilities and a description
			 of the importance of timely diagnosis and intervention to the parent or
			 guardian and the health care provider of any child who needs additional
			 testing.
(3) Provide the
			 information described in ORS
			 433.321 to the parent or guardian of the child.
(4) Identify a point of contact for the
			 facility and provide the designated staff name and contact information to the
			 Early Hearing Detection and Intervention program.
Statutory/Other Authority: ORS
				  433.321
Statutes/Other Implemented: ORS
				  433.321
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 20 - EARLY HEARING DETECTION AND INTERVENTION › Section 333-020-0135 - Facility Responsible for Performing the Newborn Hearing Screening

Current through Register Vol. 63, No. 7, July 1, 2024
Should a newborn child be discharged from a mandated facility
				before the newborn hearing screening is performed or completed, it shall be the
				responsibility of the mandated facility to arrange for the provision of
				screening.
(1) The timing of the
			 screening may be delayed, if medically indicated. If delayed, the mandated
			 facility shall be responsible for performing the hearing screening prior to the
			 child's discharge to home.
(2) For
			 purposes of this rule, in the case of a newborn child admitted to a hospital as
			 a result of transfer from another hospital or birthing center, the receiving
			 hospital from which the child is discharged to home shall be responsible for
			 assuring that a hearing screening is performed, according to the Hearing
			 Screening Protocol.
Statutory/Other Authority: ORS
				  433.321
Statutes/Other Implemented: ORS
				  433.321
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 20 - EARLY HEARING DETECTION AND INTERVENTION › Section 333-020-0150 - Collecting and Submitting Information Related to Hearing Screening

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 10 days
			 of screening a child, a screening facility shall report, at a minimum, the
			 following information to the Authority via the confidential reporting
			 mechanism(s) established by the Authority:
(a) Full name of the child;
(b) Child's date of birth;
(c) Parent or guardian's name, address and
			 contact information;
(d) Name of
			 birthing facility;
(e) Name of
			 screening facility, if different than birthing facility;
(f) Identification number from newborn blood
			 spot screening kit, for matching purposes;
(g) Medical record number, for matching
			 purposes;
(h) Ear specific results
			 of the hearing screening or status of the newborn hearing screening, if not
			 completed;
(i) Type of screening
			 performed;
(j) Date that screening
			 was performed;
(k) Name of child's
			 primary health care provider, for any child who does not pass the screening,
			 does not receive a complete hearing screening, or has a risk factor for hearing
			 loss; and
(l) Name of secondary
			 point of contact for any child who does not pass the screening, does not
			 receive a complete hearing screening, or has a risk factor for hearing
			 loss.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 20 - EARLY HEARING DETECTION AND INTERVENTION › Section 333-020-0151 - Collecting and Submitting Information Related to Diagnostic Testing for Hearing Loss in Children

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 10
			 days of testing of a child who has a "REFER" result on the hearing screening,
			 or who presents for an initial or completion of a hearing screening, or who is
			 diagnosed with a permanent hearing loss, the diagnostic facility conducting the
			 testing shall report, at a minimum, the following information to the Authority
			 via the confidential reporting mechanism(s) established by the Authority:
(a) Full name of the child;
(b) Child's date of birth;
(c) Name of birthing facility, if
			 known;
(d) Parent or guardian's
			 name, address, and contact information;
(e) Name of child's primary health care
			 provider;
(f) Newborn hearing
			 screening results, if not already known;
(g) Name of diagnostic facility;
(h) Type of diagnostic tests
			 performed;
(i) Date that diagnostic
			 testing was performed;
(j) Ear
			 specific results, including type and degree of hearing loss, if applicable;
(k) Disposition, including
			 referrals indicated for early intervention or other services;
(l) Name and contact information for person
			 completing diagnostic hearing evaluation; and
(m) For those diagnosed with permanent
			 hearing loss, the complete evaluation report.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 20 - EARLY HEARING DETECTION AND INTERVENTION › Section 333-020-0155 - Responsibility for Issuing Reports

Current through Register Vol. 63, No. 7, July 1, 2024
The Authority shall issue an annual report and analysis of
				aggregated data submitted by all screening, diagnostic and early intervention
				facilities.
Statutory/Other Authority: ORS
				  433.323
Statutes/Other Implemented: ORS
				  433.321-433.327
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 20 - EARLY HEARING DETECTION AND INTERVENTION › Section 333-020-0160 - Appointment of an Advisory Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director shall appoint an advisory
			 committee.
(2) At a minimum, the
			 advisory committee shall include representatives from each of the following
			 categories:
(a) Parent or guardian of a child
			 with hearing loss;
(b) Adult with
			 childhood hearing loss;
(c)
			 Pediatric health care provider;
(d)
			 Clinical audiologist representing a diagnostic facility;
(e) Hospital newborn hearing screening
			 program representative;
(f) Early
			 intervention program representative;
(h) Local public health agency
			 representative; and
(i)
			 Speech-language pathologist.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 20 - EARLY HEARING DETECTION AND INTERVENTION › Section 333-020-0165 - Religious Exemption from Hearing Screening

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A hospital or birthing center directed to
			 provide hearing screening under these administrative rules is exempt from
			 providing such services if the parent or guardian of the newborn child objects
			 to the procedure on the grounds that the procedure conflicts with the religious
			 tenets and practices of the parent or guardian.
(2) The parent or guardian must sign a
			 statement that the hearing screening is waived for religious reasons.
Forms referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  433.323
Statutes/Other Implemented: ORS
				  433.321-433.327
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 21 - PREVENTIVE MEDICINE › Section 333-021-0700 - Form for Reporting Written Request and Consent to Performance of Artificial Insemination

Current through Register Vol. 63, No. 7, July 1, 2024
The form, referred to as Exhibit "2" and by this reference made
				a part hereof, is adopted as the form for reporting written request and consent
				to performance of artificial insemination pursuant to ORS
				677.365.
The Exhibit(s) referenced in this rule is not printed in the
				  OAR Compilation. Copies are available from the
				  agency.
Stat. Auth.: ORS 677.365
Stats. Implemented: ORS
				  677.365
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 21 - PREVENTIVE MEDICINE › Section 333-021-0800 - Administration of Vitamin K to Newborns

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of ORS
			 433.303 to
			 433.314 is to protect newborn infants against Vitamin K Deficiency Bleeding (VKDB).
(2) Physicians licensed under ORS
			 chapters 677, 684 and 685 (medical, osteopathic, naturopathic and chiropractic
			 physicians) or a midwife attending the mother at the birth of a child are
			 responsible for ensuring that Vitamin K is administered to the newborn. The
			 Vitamin K dose is to be administered within the first 24 hours after birth. If
			 for any reason Vitamin K is not administered within 24 hours, it should be done
			 at the earliest opportunity. A physician or midwife ensures that Vitamin K is
			 administered to a newborn by:
(a)
			 Administering the Vitamin K themself;
(b) Directing another person who is legally
			 authorized and who is able to administer the Vitamin K; or
(c) Referring the infant's family to a
			 practitioner legally authorized to obtain and administer Vitamin K.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-0200 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of OAR
				333-022-0205 through
				333-022-0210,
				unless otherwise specified the following definitions shall apply:
(1) "Division" means the Public Health
			 Division within the Oregon Health Authority.
(2) "Health care provider" has the meaning
			 given that term in ORS 433.045.
(3)
			 "HIV test" has the meaning given that term in ORS 433.045.
(4) "HIV-positive test" means a positive
			 result on the most definitive HIV test procedure used to test a particular
			 individual. In the absence of any recommended confirming tests, this means the
			 positive result of the initial test done.
(5) "Insurance producer" has the meaning
			 given that term in ORS 746.600.
(6)
			 "Insurance-support organization" has the meaning given that term in ORS
			 746.600.
(7) "Insurer" has the
			 meaning given that term in ORS 731.106.
(8) "Licensed health care facility" means a
			 health care facility as defined in ORS 442.015 and a mental health facility,
			 alcohol treatment facility or drug treatment facility licensed or operated
			 under ORS chapters 426 or 430.
(9)
			 "Local public health administrator" has the meaning given that term in ORS
			 433.060.
(10) "Local public health
			 authority" has the meaning given that term in ORS 431.260.
(11) "Next of kin" means an individual within
			 the first applicable class of the following listed classes:
(a) The spouse of the decedent;
(b) A son or daughter of the decedent 18
			 years of age or older;
(c) Either
			 parent of the decedent;
(d) A
			 brother or sister of the decedent 18 years of age or older;
(e) A guardian of the decedent at the time of
			 death;
(f) A person in the next
			 degree of kindred to the decedent;
(g) The personal representative of the estate
			 of the decedent; or
(h) The person
			 nominated as the personal representative of the decedent in the decedent's last
			 will.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-0205 - HIV Testing, Notification, Right to Decline

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS 433.045, a health care
			 provider or the provider's designee shall, before subjecting an individual to
			 an HIV test:
(a) Notify the individual being
			 tested; and
(b) Allow the
			 individual being tested the opportunity to decline the test.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-0210 - Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General.
			 Pursuant to ORS 433.045, a person may not disclose or be compelled to disclose
			 the identity of any individual upon whom an HIV test is performed or the
			 results of such a test in a manner that permits identification of the subject
			 of the test, except as required or permitted by federal law, the law of this
			 state, or these rules, or as authorized by the individual who is tested. The
			 prohibitions on disclosure do not apply to an individual acting in a private
			 capacity and not in an employment, occupational or professional
			 capacity.
(2) Disclosure to or for
			 a tested individual. The results of an HIV test may be disclosed to:
(a) The tested individual;
(b) The health care provider or licensed
			 health care facility or person ordering the test; and
(c) Any individual to whom the tested
			 individual has authorized disclosure.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-0300 - Procedures for Requesting a Source Person Consent to an HIV Test Following an Occupational Exposure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes
			 of this rule the following definitions apply:
(a) "Exposure" means contact with a source
			 person's body fluids.
(b) "Licensed
			 health care provider" has the meaning given that term in ORS 433.060.
(c) "Local public health administrator
			 (LPHA)" means the public health administrator of the county or district health
			 department for the jurisdiction in which the reported substantial exposure
			 occurred.
(d) "Next of kin" means
			 an individual within the first applicable class of the following listed
			 classes:
(A) The spouse of the
			 decedent;
(B) A son or daughter of
			 the decedent 18 years of age or older;
(C) Either parent of the decedent;
(D) A brother or sister of the decedent 18
			 years of age or older;
(E) A
			 guardian of the decedent at the time of death;
(F) A person in the next degree of kindred to
			 the decedent;
(G) The personal
			 representative of the estate of the decedent; or
(H) The person nominated as the personal
			 representative of the decedent in the decedent's last will.
(e) "Occupational exposure" means
			 a substantial exposure of a worker in the course of the worker's
			 occupation.
(f) "Qualified person"
			 means an individual, such as a licensed health care provider, who has the
			 necessary training and knowledge about infectious disease to make a
			 determination about whether an exposure was substantial.
(g) "Source person" means a person whose body
			 fluids may be the source of a substantial exposure.
(h) "Substantial exposure" means an exposure
			 to blood or certain body fluids that have a potential for transmitting the
			 human immunodeficiency virus based upon current scientific information and may
			 include but is not limited to contact with blood or blood components, semen, or
			 vaginal/cervical secretions through percutaneous inoculation or contact with an
			 open wound, non-intact skin, or mucous membrane of the exposed
			 person.
(i) "Worker" means a person
			 who is licensed or certified to provide health care under ORS chapters 677,
			 678, 679, 680, 684 or 685, or ORS 682.216, an employee of a health care
			 facility, of a licensed health care provider or of a clinical laboratory, as
			 defined in ORS 438.010, a firefighter, a law enforcement officer, as defined in
			 ORS 414.805, a corrections officer or a parole and probation officer.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-0305 - Petition for Mandatory Testing of Source Persons

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a worker has complied with the process
			 established in OAR
			 333-022-0300  and a source person has refused to consent to an HIV test or has failed to
			 obtain a test within the time period established in that rule, the worker may
			 petition the circuit court for the county in which the exposure occurred and
			 seek a court order for mandatory testing in accordance with ORS
			 433.080.
(2) The form for the
			 petition shall be as prescribed by the Division and shall be obtained from the
			 LPHA.
(3) The petition shall name
			 the source person as the respondent and shall include a short and plain
			 statement of facts alleging:
(a) The
			 petitioner is a worker subjected to an occupational exposure and the respondent
			 is the source person;
(b) The
			 petitioner meets the definition of worker in ORS 433.060;
(c) All procedures for obtaining the
			 respondent's consent to an HIV test as described in OAR
			 333-022-0300  have been exhausted by the petitioner and the respondent has refused to consent
			 to the test, or within the time period prescribed in OAR
			 333-022-0300  has failed to submit to the test;
(d) The petitioner has no knowledge that he
			 or she has a history of a positive HIV test and has since the occupational
			 exposure submitted a specimen for an HIV test to a laboratory certified to
			 perform testing on human specimens under the Clinical Laboratory Improvement
			 Amendments of 1988 ( P.L.
			 100-578,  42 U.S.C. 201 and 263 (a))(CLIA).;
			 and
(e) The injury that petitioner
			 is suffering or will suffer if the source person is not ordered to submit to an
			 HIV test.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-0310 - Substantial Exposure While Being Administered Health Care

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule the following
			 definitions apply:
(a) "Exposure" means
			 contact with a worker's body fluids.
(b) "Local public health administrator
			 (LPHA)" means the public health administrator of the county or district health
			 department for the jurisdiction in which the reported substantial exposure
			 occurred.
(c) "Health care" has the
			 meaning given that term in ORS 192.556.
(d) "Licensed health care provider" has the
			 meaning given that term in ORS 433.060.
(e) "Patient" means an individual who has
			 experienced an exposure or substantial exposure while being administered health
			 care.
(f) "Qualified person" means
			 an individual, such as a licensed health care provider, who has the necessary
			 training and knowledge about infectious disease to make a determination about
			 whether an exposure was substantial.
(g) "Substantial exposure" means an exposure
			 to blood or certain body fluids that have a potential for transmitting the
			 human immunodeficiency virus based upon current scientific information and may
			 include but is not limited to contact with blood or blood components, semen, or
			 vaginal/cervical secretions through percutaneous inoculation or contact with an
			 open wound, non-intact skin, or mucous membrane of the exposed
			 person.
(h) "Worker" means a person
			 who is licensed or certified to provide health care under ORS chapters 677,
			 678, 679, 680, 684 or 685, or ORS 682.216, an employee of a health care
			 facility, of a licensed health care provider or of a clinical laboratory, as
			 defined in ORS 438.010, a firefighter, a law enforcement officer, as defined in
			 ORS 414.805, a corrections officer or a parole and probation officer
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-0315 - Employer Program for Prevention, Education and Testing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS 433.075(4), where an
			 employer provides a program of prevention, education and testing for HIV
			 exposures for its employees, the program will be considered to be approved by
			 the Division if employees receive counseling regarding HIV infection control,
			 uniform body fluids precautions, sexual/needle-sharing abstinence and safer sex
			 practices including advice about precautionary measures to be taken with
			 partners at risk of exposure to HIV while test results are pending.
(2) The Division may make the educational
			 materials needed for such a program available to an employer who requests such
			 materials in writing.
(3) An
			 employer that provides HIV testing to employees must use a laboratory certified
			 to perform testing on human specimens under the Clinical Laboratory Improvement
			 Amendments of 1988 ( P.L.
			 100-578,  42 U.S.C. 201 and 263 (a))(CLIA).
(4) If an employer does
			 not have a testing program in place, the employer shall notify the exposed
			 worker of a health care provider who will perform testing, or an exposed worker
			 may seek medical treatment from a health care provider of his or her
			 choice.
Stat. Auth.: ORS 433.075
Stats. Implemented: ORS
				  433.075
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-0400

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.110(1), 433.001 & 433.004
Stats. Implemented: ORS 431.110(1), 433.001 &
				  433.004
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-0405

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.110(1) & 433.004
Stats. Implemented: ORS 431.110(1) &
				  433.004
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-0410

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 431.110(1) & 433.004(1)(d)
Stats. Implemented: ORS 431.110(1) &
				  433.004(1)(d)
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-0415

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.110(1) & 433.004(1)
Stats. Implemented: ORS 431.110(1) &
				  433.004(1)
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-0420

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.110(1) & 433.004(1)(d)
Stats. Implemented: ORS 431.110(1) &
				  433.004(1)(d)
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-0425

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.110(1) & 433.004(1)(d)
Stats. Implemented: ORS 431.110(1) &
				  433.004(1)
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-0430

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.110 & 433.004
Stats. Implemented: ORS 431.110 &
				  433.004
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-0435

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.110(1) & 433.004(1)
Stats. Implemented: ORS 431.110(1) &
				  433.004(1)
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-0440

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.110(1) & 433.004(1)
Stats. Implemented: ORS 431.110(1) &
				  433.004(1)
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-0445

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.110 & 433.004
Stats. Implemented: ORS 431.110 &
				  433.004
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-0450

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.110 & 433.004
Stats. Implemented: ORS 431.110 &
				  433.004
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-0455

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.110(1) & 433.004(1)(d)
Stats. Implemented: ORS 431.110(1) &
				  433.004(1)(d)
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-0460

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 431.110(1) & 433.004(1)
Stats. Implemented: ORS 431.110(1) &
				  433.004(1)
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-1000 - Purpose and Description of Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The CAREAssist program is Oregon's AIDS
			 Drug Assistance Program (ADAP). The core purpose of CAREAssist is to ensure
			 access to HIV-related prescription drugs to underinsured and uninsured
			 individuals living with HIV/AIDS. CAREAssist also helps people living with HIV
			 or AIDS pay for medical care expenses, including but not limited to medication,
			 insurance premiums and medical services. The program is funded through Part B
			 of the Ryan White HIV/AIDS Treatment Extension Act of 2009 (Public Law
			 111-87), which provides grants to states and
			 territories.
(2) The Oregon Health
			 Authority (Authority) shall make funds available for the CAREAssist program as
			 long as it continues to receive grant funds from the federal government.
(3) If insufficient funds are
			 available for the CAREAssist program the Authority may:
(a) Modify group benefits for approved
			 clients; and
(b) Institute a
			 waiting list in lieu of accepting applications.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-1010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "AIDS" means
			 acquired immunodeficiency syndrome.
(2) "Authority" means the CAREAssist program,
			 administered by the Oregon Health Authority.
(3) "CAREAssist" includes benefits provided
			 to clients under Bridge, UPP, Group 1 or Group 2 as those terms are used in OAR
			 333-022-1000  through 333-022-1170.
(4) "CAREAssist formulary" or "formulary"
			 means a list of medications available to enrolled clients of CAREAssist when
			 the same drug or a therapeutically comparable medication is not available
			 through the client's primary health insurance.
(5) "Federal Poverty Level" or "FPL" means
			 the annual poverty income guidelines, published by the United States Department
			 of Health and Human Services.
(6)
			 "Family" means all individuals counted by the Authority in determining the
			 applicant's or client's family size.
(7) "Monthly income" means the monthly
			 average of any and all monies received on a periodic or predictable basis,
			 which the family relies on to meet personal needs.
(8) "Gross monthly income" means income
			 before taxes or other withholdings.
(9) "HIV" means the human immunodeficiency
			 virus, the causative agent of AIDS.
(10) "OHP" means the Oregon Health
			 Plan.
(11) "Oregon residency" means
			 that an individual:
(a) Has a physical
			 location to reside in Oregon; and
(b) Is in Oregon at least six months out of
			 the year; and
(c) Is not absent
			 from Oregon more than three consecutive months; or
(d) Is living out of state for more than
			 three months due to temporary or seasonal employment outside of Oregon;
			 or
(e) Is living out of state for
			 more than three months while attending an education institution full
			 time.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-1020 - CareAssist: Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
To qualify for the CAREAssist program an individual
				must:
(1) Be HIV positive or have
			 AIDS; and
(2) Reside in Oregon;
			 and
(3) Have a monthly income based
			 on family size which is at or below 550 percent of the FPL.
Statutory/Other Authority: ORS
				  413.042,
				  431.250  & 431.830
Statutes/Other Implemented: ORS
				  431.250  & 431.830
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-1030 - CareAssist: Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An individual may apply for CAREAssist benefits by completing a form prescribed
			 by the Authority and providing the documentation as instructed in the
			 application so that the Authority can verify that the applicant:
(a) Has tested positive for HIV or has AIDS;
			 and
(b) Has a monthly income based
			 on family size at or below 550 percent of the FPL; and
(c) Is a resident of Oregon.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-1040 - Review of Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Authority must review an application to determine if it is complete.
(a) An applicant or the applicant's case
			 manager shall be notified by the Authority if the application is incomplete.
			 Notifications shall identify what information is missing and the deadline for
			 submitting the missing information.
(b) If the applicant does not provide the
			 requested information before the deadline the Authority must notify the
			 applicant in writing that the application is incomplete, shall no longer be
			 reviewed, and that the applicant may reapply at any time.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-1050 - Approval or Denial of Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the Authority determines that an
			 applicant is eligible for CAREAssist benefits the applicant shall be notified
			 in writing within 14 calendar days of the Authority's determination and be
			 assigned to a benefit group as follows:
(a)
			 Group 1: Clients who are enrolled in a private, group or individual insurance
			 policy.
(b) Group 2: Clients whose
			 primary prescription benefits are provided by OHP or the Department of Veterans
			 Affairs (VA).
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-1060 - Group 1 and 2 Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Group
			 1 and 2 clients are eligible for assistance with:
(a) The cost of health insurance premiums if
			 applicable, provided the coverage, at a minimum includes pharmaceutical
			 benefits equivalent to the HIV antiretroviral and opportunistic
			 infection-related medications on the CAREAssist formulary as well as coverage
			 for other essential medical benefits as defined by the Affordable Care Act.
(b) Copays, coinsurance and
			 deductibles on prescription drugs covered by the client's primary health
			 insurance, with the exception of medications prescribed to treat erectile
			 dysfunction.
(c) Copays,
			 coinsurance and deductibles on medical services covered by the client's primary
			 health insurance, up to a maximum amount set by the program each calendar year.
			 Eligible medical services include but are not limited to laboratory tests,
			 office visits, emergency room visits, X-rays, and hospital stays.
(d) The full cost of CAREAssist formulary
			 prescriptions, filled at an in-network pharmacy when:
(A) The client has successfully enrolled in
			 insurance but coverage is not yet active; or
(B) The client's insurance policy does not
			 cover the cost of the prescription; and
(C) The prescribing provider submitted a
			 Prior Authorization Request to the client's primary insurance, the request was
			 denied and there is no acceptable therapeutic substitution.
(e) Prescription drugs if the
			 required copay exceeds the cost of the prescription medication and the
			 insurance policy therefore does not pay.
(f) Medication therapy management.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-1070 - Prescriptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless an
			 exception applies under subsections (3)(a) or (b) of this rule, CAREAssist
			 clients must use an Authority-approved CAREAssist in-network pharmacy for all:
(a) Medications not designated as acute on
			 the CAREAssist formulary;
(b)
			 Chronic care medications; and
(c)
			 Medications paid for in full by the Authority
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-1080 - Payments and Cost Coverage

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Authority may only make insurance premium payments directly to the
			 insurance carrier or benefits administrator. No direct payments may be made to
			 a client.
(2) When no other payer
			 for health coverage (public assistance or private) is available, CAREAssist may
			 pay insurance premiums for a limited time for a client's insurance plan that
			 covers his or her family members if the monthly premium cannot by divided,
			 until the Authority determines that the client's family members can obtain
			 their own policies.
(3) The
			 Authority may not use CAREAssist funds to pay for any administrative costs,
			 which are in addition to the premium payment.
(4) Authority payments for prescriptions
			 follow the health insurance pharmacy benefits defined within the policy and may
			 not pay for the cost to dispense a brand-name drug when a generic equivalent is
			 the preferred option of the health insurance.
(5) The Authority shall only cover the costs
			 of medications that are covered by the client's health insurance or those
			 specifically listed on the CAREAssist formulary as additional benefits to the
			 client, and prior to any payments being made by the Authority must receive a
			 determination by the prescriber that no acceptable therapeutic equivalent is
			 available through the primary insurance.
(6) The Authority may only pay for HIV
			 medications or a combination of HIV drugs as approved in the federal Department
			 of Health and Human Services (DHHS) Treatment Guidelines, which can be found at
http://aidsinfo.nih.gov/guidelines
.
(a) The CAREAssist Pharmacy Benefits Manager
			 (PBM) clinical pharmacist team (team) assesses each client's medication regimen
			 to ensure that it conforms to current DHHS guidelines. In the event that a
			 treatment recommendation or guideline is not followed, the clinical pharmacist
			 at the PBM shall notify the Authority that payment may not be made until the
			 prescriber submits a prior authorization form to the PBM's clinical pharmacist.
(b) The Authority may deny payment
			 for medications that are determined to be clinically inappropriate pursuant to
			 the DHHS Treatment Guidelines.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-1090 - Client Eligibility Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Authority must verify a client's eligibility every six months, but may
			 conduct an eligibility review at any time and as many times as necessary within
			 an eligibility period.
(2) The
			 Authority must provide CAREAssist clients with a Client Eligibility Review
			 (CER) form and instructions within 60 days of the expiration of their current
			 eligibility period.
(3) A client
			 must submit the CER and any other required documentation within the timeframe
			 established by the Authority in the instructions. A deadline for submitting the
			 CER or requested documentation may be extended at the discretion of the
			 Authority.
(4) The Authority shall
			 review a client's application and supporting documentation and verify the
			 information in accordance with OAR 333-022-1040.
(5) The Authority must notify a client in
			 writing whether his or her benefits continue and whether there are any changes.
			 Notification shall include the effective date for the client's new enrollment
			 status. If a client is not found eligible for continued benefits the client
			 shall have a right to a hearing in accordance with ORS
			 183.415.
(6) A CAREAssist client who fails to submit
			 the required renewal documents by the requested deadline shall be placed on a
			 restricted status in accordance with OAR 333-022-1120. If the Authority has not
			 received a complete CER at the end of three months, the client is no longer
			 eligible to receive benefits. The Authority must inform the client that he or
			 she is no longer eligible for benefits because the required information was not
			 submitted, eligibility could not be verified and explain that benefits shall
			 end effective the first day of the following month. An individual may reapply
			 for benefits at any time under OAR 333-022-1030.
Stat. Auth.: ORS
				  413.042,
				  431.250,
				  431.830
Stats. Implemented: ORS
				  431.250,
				  431.830
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-1100 - Client Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A CAREAssist client is required to notify
			 the Authority within 15 calendar days of any of the following:
(a) Receiving notification of changes to
			 premium payments or benefits from his or her insurance company or a benefits
			 administrator;
(b) Changes in
			 contact information including address and phone number; or
(c) Changes in eligibility for group or
			 individual insurance coverage, whether private or publicly funded.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-1110 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 413.042, 431.250, 431.830
Stats. Implemented: ORS 431.250,
				  431.830
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-1120 - Restricted Status

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Authority
			 may place a client on restriction if the client fails to return a complete
			 Client Eligibility Review (CER) by the requested deadline.
(2) The effective date and duration of the
			 restriction shall be as follows:
(a)
			 Restriction takes effect on the first day of the client's new eligibility
			 period.
(b) The restricted period
			 shall not exceed three consecutive months. If the Authority has not received a
			 complete CER at the end of three months, the client is no longer eligible for
			 benefits and the client will be notified in accordance with OAR 333-022-1090.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-1130 - Incarcerated Applicants or Clients

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A CAREAssist client who is incarcerated
			 in a state or federal correctional institution is ineligible for CAREAssist and
			 shall be terminated from the program in accordance with OAR
			 333-022-1160.
(2) A CAREAssist client who is
			 incarcerated in a city or county correctional facility may remain enrolled in
			 the program for up to 60 days from the first day of incarceration as long as:
(a) The client's primary insurance coverage
			 is maintained and active; and
(b)
			 The client completes recertification in accordance with OAR
			 333-022-1090  as scheduled.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-1140 - CareAssist: Bridge Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Bridge Program provides limited benefits to an individual whose medical
			 provider has applied for the program on the patient's behalf. The program
			 provides payment for basic services and medications for an individual who is in
			 the process of applying for CAREAssist and insurance.
(2) Bridge Program eligibility. In order to
			 be eligible for the Bridge Program an individual must:
(a) Be HIV positive or have AIDS;
(b) Reside in Oregon;
(c) Have income at or below 550 percent of
			 the FPL;
(d) Be in the process of
			 applying for long-term medication assistance programs such as Medicaid,
			 Medicare, or applying to CAREAssist; and
(e) Have not previously received Bridge
			 Program benefits or have not been terminated from the CAREAssist program within
			 the past 365 days.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 22 - HUMAN IMMUNODEFICIENCY VIRUS › Section 333-022-1145 - Uninsured Persons Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Uninsured Persons Program (UPP) provides full-cost coverage for a limited
			 number of medications and medical services for clients who are ineligible for
			 insurance.
(2) In order to be
			 eligible for UPP an individual must:
(a) Meet
			 all eligibility requirements outlined in OAR 333-022-1020; and
(b) Be ineligible for public and private
			 insurance that meets minimum essential coverage under the federal Affordable
			 Care Act, Public Law
			 111-148; and
(c) Be enrolled in Ryan White community-based
			 HIV Case Management Services.