reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 645 - DEMONSTRATION OF NEED FOR REHABILITATION SERVICES › Section 333-645-0000 - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 this division is to assure provision of accessible, quality care with the least
			 incremental impact in overall community health care costs. Rehabilitation
			 services assist people with a wide range of physical disabilities, focused on
			 gaining optimum mobility and functioning. Least costly alternatives will be
			 considered in determining an appropriate level of care.
(2) The applicant, in providing information
			 to the Public Health Division to demonstrate need for inpatient rehabilitation
			 services, must satisfy the criteria specified in the Certificate of Need
			 Application Instructions (division 580) and in this division (division
			 645).
(3) Division 645 is not
			 intended to apply to rehabilitation beds in long-term care
			 facilities.
Stat. Auth.: ORS 431.120(6) & 442.315
Stats. Implemented: ORS 431.120(6) &
				  442.315
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 645 - DEMONSTRATION OF NEED FOR REHABILITATION SERVICES › Section 333-645-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Rehabilitation
			 Services" are medical and other services designed for the primary purpose of
			 restoring disabled persons to the fullest degree of physical, psychological,
			 social and vocational competency in an integrated program.
(2)
(a)
			 "Comprehensive Inpatient Rehabilitation Facilities (CIRFs)" are hospital-based
			 inpatient departments which are medically directed, supervised and coordinated
			 to deliver rehabilitation services to patients with simple or multiple severe
			 disabilities. A facility of this scope must include, but is not limited to, the
			 following rehabilitation interdisciplinary services:
(A) Physiatrist or other medical doctor with
			 two years of experience in a comprehensive inpatient rehabilitation program for
			 physical disabilities;
(B)
			 Intensive skilled rehabilitation nursing care;
(C) Social worker/discharge
			 planner;
(D) Physical
			 therapy;
(E) Occupational
			 therapy;
(F) Speech/language
			 pathology (as prescribed);
(G)
			 Psychology.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 645 - DEMONSTRATION OF NEED FOR REHABILITATION SERVICES › Section 333-645-0020 - Principles

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Given the
			 diversity of services possible, rehabilitation units should provide the least
			 restrictive and most cost-effective setting possible to meet patient needs.
			 Applicants shall demonstrate that their proposed services are the least costly
			 of any reasonable alternatives.
(2)
			 Available resources shall be coordinated by the provider to insure linkages
			 among various levels and settings of rehabilitation services.
(3) Remodeling of rehabilitation services
			 shall be in compliance with
			 Section
			 504,
			 Public Law
			 93-112 (the Rehabilitation Act of 1973); the
			 Americans with Disabilities Act Accessibility Guidelines for Buildings and
			 Facilities (
36 CFR Part 1191
); and all pertinent State of Oregon
			 structural, licensing and building codes.
(4) CIRFs shall demonstrate that they
			 participate in sharing of services or any other programs which result in
			 efficient cost containment.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS 431.120(6) & 442.315
Stats. Implemented: ORS 431.120(6) &
				  442.315
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 645 - DEMONSTRATION OF NEED FOR REHABILITATION SERVICES › Section 333-645-0030 - Elements in Calculating Need for Rehabilitation Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Total need for
			 inpatient rehabilitation services is such that inpatient facilities shall not
			 exceed seven beds in 100,000 general population:
(a) Determination of hospital service area is
			 to be consistent with OAR
			 333-590-0040,
			 or with historical use patterns for rehabilitation services if these are
			 demonstrably different from a defined hospital service area;
(b) Adjustments to this standard can be made
			 where a specialty rehabilitation service is proposed, if the applicant submits
			 information demonstrating the sizes of populations at risk in the proposed
			 service area; the current and historical rates of hospitalization in Oregon for
			 those groups; and the availability, accessibility, quality, and levels of
			 utilization of existing inpatient services addressing the needs of those groups
			 in Oregon. An example of a specialty rehabilitation unit would be a unit
			 specializing in strokes.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 670 - RECONSIDERATION OF CERTIFICATE OF NEED DECISION › Section 333-670-0140 - Burden of Proof

Current through Register Vol. 63, No. 7, July 1, 2024
Petitioners shall have the burden of proving by a preponderance
				of the evidence all adjudicative facts necessary to establish entitlement to
				reconsideration, or to the relief it seeks.
Stat. Auth.: ORS 431.120(6) & 442.315
Stats. Implemented: ORS 431.120(6) &
				  442.315
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 670 - RECONSIDERATION OF CERTIFICATE OF NEED DECISION › Section 333-670-0145 - Applicability of OAR 333-670-0140

Current through Register Vol. 63, No. 7, July 1, 2024
OAR
				333-670-0140 shall apply to reconsideration hearings requested or held on or after the
				effective date of this rule.
Stat. Auth.: ORS 431.120(6) & 442.315
Stats. Implemented: ORS 431.120(6) &
				  442.315
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 675 - PROJECT PLANS AND CONSTRUCTION REVIEW FOR HEALTH CARE FACILITIES AND RESIDENTIAL CARE AND ASSISTED LIVING FACILITIES › Section 333-675-0000 - Submission of Project Plans and Specifications for Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person
			 proposing to make certain alterations or additions to an existing health care
			 or residential care facility, or to construct new facilities must, before
			 commencing such alteration, addition or new construction, submit plans and
			 specifications to the Oregon Health Authority, Public Health Division,
			 Facilities Planning and Safety, 800 NE Oregon Street, Suite 465, Portland, OR
			 97232 for plans approval or recommendations with respect to compliance with
			 rules authorized by ORS
			 441.025,
			 443.420 and for compliance with National Fire Protection Association standards when the
			 facility is also to be Medicare or Medicaid certified.
(2) Project plans and specifications must be
			 submitted for review and approval to Facilities Planning and Safety when the
			 project conforms to one or more of the following criteria:
(a) When a new structure or addition to an
			 existing structure is proposed, regardless of cost;
(b) When alterations to a building wing or
			 service area, or a mechanical or electrical system serving it, exceeds either
			 25 percent of equivalent replacement cost, $50,000 for a hospital project, or
			 $25,000 for a nursing home or residential care project;
(c) When a clinically related health or
			 ancillary service, or dietary or laundry service is to be initiated or
			 relocated within the facility; or when significant changes in the use of rooms
			 or corridors within such areas will occur, regardless of cost;
(d) When a project involves the correction of
			 licensure or fire and life safety code deficiencies issued by the Public Health
			 Division, Seniors and People with Disabilities or Office of the State Fire
			 Marshal; or
(e) When an existing
			 building is to be converted for first time use as a licensed facility or
			 changed in its usage from one licensure category to another having differing
			 physical requirements.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 675 - PROJECT PLANS AND CONSTRUCTION REVIEW FOR HEALTH CARE FACILITIES AND RESIDENTIAL CARE AND ASSISTED LIVING FACILITIES › Section 333-675-0020 - Required Notification and Surveys Prior to Taking Occupancy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notification by
			 the project architect or sponsor prior to taking occupancy of areas which have
			 received major alterations or which involve new construction must be made to
			 Facilities Planning and Safety by filing a "Project Substantial Completion
			 Notice" at least three weeks in advance of occupancy.
(a) A "Project Substantial Completion Notice"
			 form is sent to the project architect with the "Notice of Construction Document
			 Approval."
(b) Facilities Planning
			 and Safety staff will conduct an on-site inspection of projects in conjunction
			 with licensure staff or unilaterally.
(c) When deficiencies or incomplete items are
			 found, the architect, engineer and project sponsor will be notified of such
			 issues within 3 business days following the on-site inspection.
(d) Upon correction of deficiencies, a
			 "Notice of Final Project Approval" will be issued by Facilities Planning and
			 Safety prior to occupancy or use by patients or residents.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 675 - PROJECT PLANS AND CONSTRUCTION REVIEW FOR HEALTH CARE FACILITIES AND RESIDENTIAL CARE AND ASSISTED LIVING FACILITIES › Section 333-675-0030 - When Plans Are Not Submitted as Required

Current through Register Vol. 63, No. 7, July 1, 2024
When a project is implemented that required prior submission of
				plans in accordance with OAR 333-675-0000, but such plans were not submitted,
				Facilities Planning and Safety will, upon learning of the project, require
				submission of plans and the applicable review fee, and initiate onsite
				inspection of any completed construction in cooperation with the applicable
				licensure program staff, or Office of the State Fire Marshal. When a project
				area has been occupied without a plans approval or a final inspection, the
				applicable licensure and certification program will also be notified.
Statutory/Other Authority: ORS
				  410.070,
				  441.060,
				  443.450,
				  443.860,
				  443.886  & 441.025
Statutes/Other Implemented: ORS
				  410.070,
				  441.060,
				  443.450,
				  443.860  & 443.886
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 675 - PROJECT PLANS AND CONSTRUCTION REVIEW FOR HEALTH CARE FACILITIES AND RESIDENTIAL CARE AND ASSISTED LIVING FACILITIES › Section 333-675-0040 - Optional Reviews

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a
			 project sponsor is not required by rule to file finalized construction drawings
			 and specifications, but wishes to do so to reduce the risk of noncompliance
			 with licensure or fire and life safety standards, the project sponsor may
			 request an optional review by submitting an application on a form prescribed by
			 the Division and a review fee according to
Table 1
of OAR
			 333-675-0050.
(2) When a party
			 proposing construction of a residential care facility wishes to also obtain an
			 optional review of the project for conformance to nursing home standards, both
			 reviews may be obtained by paying the review fee for health care facilities
			 according to OAR 333-675-0050,
Table 1
.
Tables and Forms referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  410.070,
				  441.060,
				  443.450,
				  443.860,
				  443.886  & 441.025
Statutes/Other Implemented: ORS
				  410.070,
				  441.060,
				  443.450,
				  443.860  & 443.886
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 675 - PROJECT PLANS AND CONSTRUCTION REVIEW FOR HEALTH CARE FACILITIES AND RESIDENTIAL CARE AND ASSISTED LIVING FACILITIES › Section 333-675-0050 - Construction Project Review Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Submission of plans and specifications for project review must be accompanied
			 by payment of a fee according to the schedule contained in
Table
			 1
. When schematic plans have previously been reviewed and part of the
			 review fee has been paid, the fee submission shall be only for the amount yet
			 unpaid. Estimated construction costs provided by project sponsors must coincide
			 with amounts reported to the Certificate of Need Program, equal actual building
			 contract amounts, or if neither is applicable, be within the average building
			 cost guidelines of the International Code Council, Building Valuation Data for
			 the project type planned.
(2) When
			 an existing structure, not presently a licensed health care facility or
			 residential care facility, is to be renovated for such use, the review fee
			 shall be based on approximate value of the renovated structure. Approximate
			 value, for purposes of this rule, is calculated as tax assessed value of the
			 structure plus estimated renovation costs.
(3) If major project changes occur during the
			 plan review process, per section (8) of OAR 333-675-0000, or construction that
			 alters the design or increases the construction cost of the project, the plan
			 review fee will be reassessed according to OAR 333-675-0050,
Table
			 1
.
Tables referenced are available from the agency.
To view tables referenced in rule text,
click here to view
				  rule.
Statutory/Other Authority: ORS
				  410.070,
				  441.060  & 443.450
Statutes/Other Implemented: ORS
				  441.060
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 700 - LICENSING STANDARDS FOR OUTPATIENT RENAL DIALYSIS FACILITIES › Section 333-700-0000 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to establish the standards for
				licensure of outpatient renal dialysis facilities.
Stat. Auth.: ORS 441.015, 441.025 & 442.015
Stats. Implemented: ORS 441.015, 441.025 &
				  442.015
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 700 - LICENSING STANDARDS FOR OUTPATIENT RENAL DIALYSIS FACILITIES › Section 333-700-0004 - Referenced Codes and Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 At the time of initial licensure, an outpatient renal dialysis facility must
			 meet the physical environment requirements in OAR chapter 333, division 700
			 including any applicable building and specialty codes in effect at the time of
			 initial licensure.
(2) Subsequent
			 modifications to a facility after initial licensure must comply with any
			 applicable building or specialty codes in effect at the time of the
			 modification.
(3) The codes and
			 standards referenced in these rules are for informational purposes only, unless
			 a code or standard is specifically adopted by reference.
(4) If conflicts exist among the provisions
			 of the codes and standards listed in OAR chapter 333, division 700, the most
			 restrictive provisions shall apply.
Statutory/Other Authority: ORS
				  441.015,
				  441.025  & 441.060
Statutes/Other Implemented: ORS
				  441.025  & 441.060
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 700 - LICENSING STANDARDS FOR OUTPATIENT RENAL DIALYSIS FACILITIES › Section 333-700-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR chapter 333, division 700, unless the context
				requires otherwise, the following definitions apply:
(1) "Administrator" means a person designated
			 by the governing body to have overall management of the facility. The
			 administrator enforces the rules and regulations relative to the health care
			 and safety of patients. The administrator plans, organizes, and directs those
			 responsibilities delegated to the administrator by the governing
			 body.
(2) "Agreement", as used in
			 these rules, means a written document executed between a dialysis facility and
			 another facility in which the other facility agrees to assume responsibility
			 for furnishing specified services to patients and for obtaining reimbursement
			 for those services.
(3)
			 "Arrangement", as used in these rules, means a written document executed
			 between a dialysis facility and another facility in which the other facility
			 agrees to furnish specified services to patients but the dialysis facility
			 retains responsibility for those services and for obtaining reimbursement for
			 them.
(4) "Assessment" means a
			 complete assessment done by a physician, registered nurse, social worker, or
			 dietitian that is appropriate for the scope of practice for that discipline.
			 Assessment includes:
(a) Systematic and
			 ongoing collection of information to determine an individual's health status
			 and need for intervention;
(b)
			 Comparison with past information; and
(c) Judgment, evaluation, or conclusion that
			 occurs as a result of subsections (a) and (b) of this section.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 700 - LICENSING STANDARDS FOR OUTPATIENT RENAL DIALYSIS FACILITIES › Section 333-700-0010 - Application for Licensure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 outpatient renal dialysis facility must obtain a license from the
			 Division.
(2) An applicant wishing
			 to apply for a license to operate an outpatient renal dialysis facility shall
			 submit an application on a form prescribed by the Division and pay the
			 applicable fee as specified in OAR
			 333-700-0015.
			 The application form shall specify such information as required by the Division
			 and must include, but is not limited to, demographic, ownership, and
			 administrative information.
(3) No
			 person or facility licensed pursuant to the provisions of ORS Chapter 441 shall
			 in any manner or by any means assert, represent, offer, provide or imply that
			 such person or facility is or may render care or services other than that which
			 is permitted by or which is within the scope of the license issued to such
			 person or facility by the Division nor shall any service be offered or provided
			 which is not authorized within the scope of the license issued to such person
			 or facility.
(4) Each application
			 for license renewal shall accurately reflect only the number of stations the
			 facility is then presently capable of operating considering existing equipment
			 and service capability of the facility and the physical requirements as
			 specified within these rules and regulations. The number of stations to be
			 licensed shall not exceed the number of stations reflected in the license to be
			 renewed unless approved by the Division.
(5) Compliance with "Submission of Plans,"
			 OAR
			 333-700-0065  is also required as a condition of licensure.
Stat. Auth.: ORS 441.015 & 441.025
Stats. Implemented: ORS 441.020 &
				  441.025
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 700 - LICENSING STANDARDS FOR OUTPATIENT RENAL DIALYSIS FACILITIES › Section 333-700-0015 - Annual License Fee

Current through Register Vol. 63, No. 7, July 1, 2024
For outpatient renal dialysis facilities, the annual licensing
				fee shall be $2,000. Each license shall be issued only for the facility named
				in the application and shall not be transferable. If the ownership of the
				agency changes, the new owner shall apply for a license.
Stat. Auth.: ORS 441.015 & 442.025
Stats. Implemented: ORS 441.020 &
				  442.025
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 700 - LICENSING STANDARDS FOR OUTPATIENT RENAL DIALYSIS FACILITIES › Section 333-700-0017 - Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In reviewing an
			 application for an outpatient renal dialysis facility the Division shall:
(a) Verify compliance with the applicable
			 sections of ORS chapters 441 and 442, and OAR chapter 333, division 700;
(b) Conduct an on-site licensing
			 survey; and
(c) Conduct an on-site
			 certification survey and verify compliance with the Conditions for Coverage if
			 the applicant has requested Medicare and Medicaid certification.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 700 - LICENSING STANDARDS FOR OUTPATIENT RENAL DIALYSIS FACILITIES › Section 333-700-0018 - Approval of License Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division shall notify an applicant in
			 writing if a license application is approved, and shall include the license
			 with the appropriate information.
(2) A license shall be issued only for the
			 premises and persons or governmental units named in the application and is not
			 transferable or assignable.
(3) The
			 license shall be conspicuously posted.
Stat. Auth.: ORS 441.015 & 441.025
Stats. Implemented: ORS
				  441.025
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 700 - LICENSING STANDARDS FOR OUTPATIENT RENAL DIALYSIS FACILITIES › Section 333-700-0019 - Denial of License Application

Current through Register Vol. 63, No. 7, July 1, 2024
If the Division intends to deny a license application, it shall
				issue a Notice of Proposed Denial of License Application in accordance with ORS
				183.411 through 183.470.
Stat. Auth.: ORS 441.015 & 441.025
Stats. Implemented: ORS
				  441.025
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 700 - LICENSING STANDARDS FOR OUTPATIENT RENAL DIALYSIS FACILITIES › Section 333-700-0020 - Expiration and Renewal of License

Current through Register Vol. 63, No. 7, July 1, 2024
Each license to operate an outpatient renal dialysis facility
				shall expire on December 31 following the date of issue, and if a renewal is
				desired, the licensee shall make application at least 30 days prior to the
				expiration date upon a form prescribed by the Division as described in OAR
				333-700-0010.
Stat. Auth.: ORS 441.015 & 441.025
Stats. Implemented: ORS
				  441.025
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 700 - LICENSING STANDARDS FOR OUTPATIENT RENAL DIALYSIS FACILITIES › Section 333-700-0025 - Denial or Revocation of a License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A license for any facility may be denied,
			 suspended or revoked by the Division when the Division finds that there has
			 been a substantial failure to comply with the provisions of these rules and of
			 health care facility licensing laws.
(2) A person or persons in charge of a
			 facility shall not permit, aid or abet any illegal act affecting the welfare of
			 the license.
(3) A license shall be
			 denied, suspended or revoked in any case where the State Fire Marshal certifies
			 that there was failure to comply with all applicable laws, lawful ordinances
			 and rules relating to safety from fire.
(4) A license may be suspended or revoked for
			 failure to comply with a Division order arising from a facility's substantial
			 lack of compliance with the rules or statutes.
(5) A facility license that has been
			 suspended or revoked may be reissued after the Division determines that the
			 facility has satisfactorily complied with the health care facility licensing
			 laws.
Stat. Auth.: ORS 441.015 & 441.025
Stats. Implemented: ORS 441.025, 441.030 &
				  441.037
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 700 - LICENSING STANDARDS FOR OUTPATIENT RENAL DIALYSIS FACILITIES › Section 333-700-0030 - Discontinuance and Recommencement of Operation of Out?patient Renal Dialysis Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an
			 outpatient renal dialysis facility wishes to temporarily discontinue operation
			 but retain its license to operate, the facility shall notify the Division of
			 the fact at least 14 days prior to the temporary discontinuance.
(2) An outpatient renal dialysis facility
			 shall notify all patients of facility closure. Such notice shall include a
			 procedure by which individuals may obtain their medical records.
(3) Before any patient is admitted to an
			 outpatient renal dialysis facility that has temporarily discontinued operation,
			 the outpatient renal dialysis facility shall request approval from the
			 Division. The Division may conduct an on-site survey or other review to
			 determine whether the outpatient renal dialysis facility is in compliance with
			 health care facility licensing laws and conditions for coverage, if
			 applicable.
(4) An outpatient renal
			 dialysis facility may not renew operation until it receives approval, in
			 writing, from the Division.
Stat. Auth.: ORS 441.015 & 441.025
Stats. Implemented: ORS
				  441.025
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 700 - LICENSING STANDARDS FOR OUTPATIENT RENAL DIALYSIS FACILITIES › Section 333-700-0035 - Return of Facility License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an
			 outpatient renal dialysis facility's license is suspended, revoked, expires, or
			 if a facility decides to permanently close, the license certificate in the
			 licensee's possession shall be returned to the Division immediately.
(2) If the outpatient renal dialysis facility
			 is voluntarily permanently closed, the facility shall issue a multimedia press
			 release within 24 hours, notifying the public of facility closure. Such notice
			 shall include a procedure by which individuals may obtain their medical
			 records.
(3) An outpatient renal
			 dialysis facility shall notify the Division of a facility's closure under
			 section (2) of this rule at least 14 days prior to the closure and submit plans
			 for the orderly transfer of the patients and the storage and disposal of
			 medical records. Medical records not claimed that are more than seven years old
			 from the last date of discharge may be destroyed. Medical records not claimed
			 that are less than seven years old from the last date of discharge shall be
			 stored until they are more than seven years old from the last date of
			 discharge.
Stat. Auth.: ORS 441.015 & 441.025
Stats. Implemented: ORS 441.025 &
				  441.030
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 700 - LICENSING STANDARDS FOR OUTPATIENT RENAL DIALYSIS FACILITIES › Section 333-700-0040 - Classification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Outpatient
			 Renal Dialysis facilities (also known as End Stage Renal Dialysis facilities)
			 that provides renal dialysis services directly to outpatients.
(2) The classification of each facility shall
			 be so designated on the license.
(3) Health care facilities licensed by the
			 Division shall neither assume a descriptive title or be held out under any
			 descriptive title other than the classification title established by the
			 Division and under which the facility is licensed. This not only applies to the
			 name on the facility but where stationery, advertising and other
			 representations are involved.
(4)
			 No change in the licensed classification of any facility, as set out in this
			 rule, shall be allowed by the Division unless such facility shall file a new
			 application, accompanied by the required license fee, with the Division. If the
			 Division finds that the applicant and facility comply with health care facility
			 (HCF) laws and the regulations of the Division relating to the new
			 classification for which application for licensure is made, the Division shall
			 issue a license for such classification.
Stat. Auth.: ORS 441.015 & 441.025
Stats. Implemented: ORS 441.025 &
				  441.030
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 700 - LICENSING STANDARDS FOR OUTPATIENT RENAL DIALYSIS FACILITIES › Section 333-700-0045 - Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
Upon written notification by the Division of revocation,
				suspension or denial to issue or renew a license, a written request by the
				facility for a hearing in accordance with ORS 183.310 to 183.500 shall be
				granted by the Division.
Stat. Auth.: ORS 441.025
Stats. Implemented: ORS 183.413 - 183.500 &
				  441.037
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 700 - LICENSING STANDARDS FOR OUTPATIENT RENAL DIALYSIS FACILITIES › Section 333-700-0050 - Adoption by Reference

Current through Register Vol. 63, No. 7, July 1, 2024
All rules, standards and publications referred to in OAR
				333-700-0000 through
				333-700-0130 are made a part thereof. Copies are available for inspection at the Division
				during office hours. Where publications are in conflict with the rules, the
				rules shall govern.
Stat. Auth.: ORS 441.015 & 441.025
Stats. Implemented: ORS
				  441.025
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 700 - LICENSING STANDARDS FOR OUTPATIENT RENAL DIALYSIS FACILITIES › Section 333-700-0053 - Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person may
			 make a complaint verbally or in writing to the Division regarding an allegation
			 against an outpatient renal dialysis facility of a violation of any health care
			 facility licensing law or condition for coverage.
(2) The identity of a person making a
			 complaint shall be kept confidential.
(3) An investigation may be carried out as
			 soon as practicable after the receipt of a complaint in accordance with OAR
			 333-700-0057.
(4) If the complaint involves an allegation
			 of criminal conduct or an allegation that is within the jurisdiction of another
			 local, state, or federal agency, the Division shall refer the matter to that
			 agency.
Stat. Auth.: ORS 441.015 & 441.025
Stats. Implemented: ORS 441.025 &
				  441.057
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 700 - LICENSING STANDARDS FOR OUTPATIENT RENAL DIALYSIS FACILITIES › Section 333-700-0057 - Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As soon as
			 practicable after receiving a complaint, taking into consideration the nature
			 of the complaint, Division staff may begin an investigation.
(2) An outpatient renal dialysis facility
			 shall permit Division staff access to the facility during an
			 investigation.
(3) An investigation
			 may include but is not limited to:
(a)
			 Interviews of the complainant, patients of the facility, patient family
			 members, witnesses, facility management and staff;
(b) On-site observations of patients, staff
			 performance, and the physical environment of the facility; and
(c) Review of documents and
			 records.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 700 - LICENSING STANDARDS FOR OUTPATIENT RENAL DIALYSIS FACILITIES › Section 333-700-0060 - Surveys

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division
			 shall, in addition to any investigations conducted under OAR
			 333-700-0057,
			 conduct at least one on-site licensing survey of each outpatient renal dialysis
			 facility every three years to determine compliance with health care facility
			 licensing laws and at such other times as the Division deems
			 necessary.
(2) In lieu of an
			 on-site inspection required under section (1) of this rule, the Division may
			 accept:
(a) CMS certification by a federal
			 agency or an approved accrediting organization; or
(b) A survey conducted within the previous
			 three years by an accrediting organization approved by the Division, if:
(A) The certification or accreditation is
			 recognized by the Division as addressing the standards and conditions for
			 coverage requirements of the CMS and other standards set by the Division.
			 Health care facilities must provide the Division with the letter from CMS
			 indicating its deemed status;
(B)
			 The health care facility notifies the Division to participate in any exit
			 interview conducted by the federal agency or accrediting body; and
(C) The health care facility provides copies
			 of all documentation concerning the certification or accreditation requested by
			 the Division.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 700 - LICENSING STANDARDS FOR OUTPATIENT RENAL DIALYSIS FACILITIES › Section 333-700-0061 - Violations

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to non-compliance with any health care facility
				licensing law or condition for coverage, it is a violation to:
(1) Refuse to cooperate with an investigation
			 or survey, including but not limited to failure to permit Division staff access
			 to the facility, its documents or records;
(2) Fail to implement an approved plan of
			 correction;
(3) Fail to comply with
			 all applicable laws, lawful ordinances and rules relating to safety from
			 fire;
(4) Refuse or fail to comply
			 with an order issued by the Division;
(5) Refuse or fail to pay a civil penalty;
			 or
(6) Fail to comply with rules
			 governing the storage of medical records following the closure of a
			 facility.
Stat. Auth.: ORS 441.015 & 441.025
Stats. Implemented: ORS 441.025 &
				  441.030
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 700 - LICENSING STANDARDS FOR OUTPATIENT RENAL DIALYSIS FACILITIES › Section 333-700-0062 - Informal Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If,
			 during an investigation or survey Division staff document violations of health
			 care facility licensing laws or conditions for coverage, the Division may issue
			 a statement of deficiencies that cites the law alleged to have been violated
			 and the facts supporting the allegation.
(2) A signed plan of correction must be
			 received by the Division within 10 business days from the date the statement of
			 deficiencies was mailed to the facility. A signed plan of correction may not be
			 used by the Division as an admission of the violations alleged in the statement
			 of deficiencies.
(3) An outpatient
			 renal dialysis facility shall correct all deficiencies within 60 days from the
			 date of the exit conference, unless an extension of time is requested from the
			 Division. A request for such an extension shall be submitted in writing and
			 must accompany the plan of correction.
(4) The Division shall determine if a written
			 plan of correction is acceptable. If the plan of correction is not acceptable
			 to the Division, the Division shall notify the facility administrator in
			 writing and request that the plan of correction be modified and resubmitted no
			 later than 10 working days from the date the letter of non-acceptance was
			 mailed to the administrator.
(5) If
			 the facility does not come into compliance by the date of correction reflected
			 on the plan of correction or 60 days from date of the exit conference,
			 whichever is sooner, the Division may propose to deny, suspend, or revoke the
			 facility license, or impose civil penalties.
Stat. Auth.: ORS 441.015 & 441.025
Stats. Implemented: ORS
				  441.025
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 700 - LICENSING STANDARDS FOR OUTPATIENT RENAL DIALYSIS FACILITIES › Section 333-700-0063 - Formal Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If,
			 during an investigation or survey Division staff document substantial failure
			 to comply with health care facility licensing laws, conditions for coverage or
			 if a facility fails to pay a civil penalty imposed under ORS 441.170, the
			 Division may issue a Notice of Proposed Suspension or Notice of Proposed
			 Revocation in accordance with ORS 183.411 through 183.470.
(2) The Division may issue a Notice of
			 Imposition of Civil Penalty for violations of health care facility licensing
			 laws.
(3) At any time the Division
			 may issue a Notice of Emergency License Suspension under ORS
			 183.430(2).
(4) If the Division
			 revokes a facility license, the order shall specify when, if ever, the facility
			 may reapply for a license.
Stat. Auth.: ORS 441.015 & 441.025
Stats. Implemented: ORS
				  441.025
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 700 - LICENSING STANDARDS FOR OUTPATIENT RENAL DIALYSIS FACILITIES › Section 333-700-0064 - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A licensee
			 that violates a health care facility licensing law, including OAR
			 333-700-0061  (Violations), is subject to the imposition of a civil penalty not to exceed
			 $500 per day per violation.
(2) In
			 addition to the penalties under section (2) of this rule, civil penalties may
			 be imposed for violations of ORS 441.030 or 441.015(1).
(3) In determining the amount of a civil
			 penalty the Division shall consider whether:
(a) The Division made repeated attempts to
			 obtain compliance;
(b) The licensee
			 has a history of noncompliance with health care facility licensing
			 laws;
(c) The violation poses a
			 serious risk to the public's health;
(d) The licensee gained financially from the
			 noncompliance; and
(e) There are
			 mitigating factors, such as a licensee's cooperation with an investigation or
			 actions to come into compliance.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 700 - LICENSING STANDARDS FOR OUTPATIENT RENAL DIALYSIS FACILITIES › Section 333-700-0065 - Submission of Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 outpatient renal dialysis facility proposing to make alterations to an existing
			 facility or to construct a new facility shall, before commencing such
			 alteration, addition or new construction, submit plans and specifications to
			 the Division for preliminary inspection and approval or recommendations with
			 respect to compliance with Division rules and compliance with National Fire
			 Protection Association standards when the facility is also to be Medicare or
			 Medicaid certified.
(2) Submissions
			 shall comply with OAR chapter 333, division 675. Plans must also be submitted
			 to the local building division having authority for review and approval in
			 accordance with state building codes.
Statutory/Other Authority: ORS
				  441.015,
				  441.025  & 441.060
Statutes/Other Implemented: ORS
				  441.025  & 441.060
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 700 - LICENSING STANDARDS FOR OUTPATIENT RENAL DIALYSIS FACILITIES › Section 333-700-0072 - Waivers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) While all
			 outpatient renal dialysis facilities are required to maintain continuous
			 compliance with the Division's rules, these requirements do not prohibit the
			 use of alternative concepts, methods, procedures, techniques, equipment,
			 facilities, personnel qualifications or the conducting of pilot projects or
			 research. A request for a waiver from a rule must be:
(a) Submitted to the Division in
			 writing;
(b) Identify the specific
			 rule for which a waiver is requested;
(c) The special circumstances relied upon to
			 justify the waiver;
(d) Why the
			 facility is unable to be in compliance, the alternatives considered and why the
			 alternatives were not selected;
(e)
			 Demonstrate that the proposed waiver is desirable to maintain or improve the
			 health and safety of the patients, to meet the individual and aggregate needs
			 of patients, and shall not jeopardize patient health and safety; and
(f) The proposed duration of the
			 waiver.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 700 - LICENSING STANDARDS FOR OUTPATIENT RENAL DIALYSIS FACILITIES › Section 333-700-0073 - Outpatient Mobile Dialysis

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 dialysis facility that provides staff assisted hemodialysis in a patient's home
			 must:
(a) Be licensed as an outpatient renal
			 dialysis facility; and
(b) Have a
			 centralized, secure location, where the patient, water quality, equipment
			 maintenance, quality assurance and other records are available for review by
			 the Division.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 700 - LICENSING STANDARDS FOR OUTPATIENT RENAL DIALYSIS FACILITIES › Section 333-700-0075 - Administrative Authority and Management

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every facility shall be organized,
			 equipped, and administered to provide adequate care for each person
			 admitted.
(2) The governing body,
			 the owner, or the person or persons designated by the owner or governing body
			 shall be the authority responsible for the management and control of the
			 facility, and shall not:
(a) Permit, aid or
			 abet the commission of any unlawful act relating to the securing of a license,
			 or the operation of the facility; and
(b) With the exception of abusive or
			 disruptive patients, refuse to admit and treat, on the basis of medical need,
			 alcohol and substance abusers, mentally ill or intellectually disabled patients
			 solely on the basis of their substance abuse or mental illness. Discharge of
			 patients exhibiting violent, threatening, disruptive, or abusive behavior shall
			 be handled as outlined in OAR
			 333-700-0115(2)(f).
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 700 - LICENSING STANDARDS FOR OUTPATIENT RENAL DIALYSIS FACILITIES › Section 333-700-0080 - Quality Assessment and Performance Improvement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The facility shall establish a program to
			 monitor the quality of care given to patients. This program shall document that
			 the facility staff evaluate the provision of care, determine treatment goals,
			 identify opportunities for improvement, develop and implement improvement
			 plans, and evaluate implementation until resolution of a problem is
			 achieved.
(2) The medical director
			 of the facility is responsible for quality monitoring and improvement
			 activities. The Quality Assessment and Performance Improvement (QAPI) team
			 shall consist of a multi-disciplinary team to include representatives of
			 medical staff, administration, nursing, technical, social work and dietary.
			 Meetings of the QAPI team shall be held at least quarterly or more often if
			 needed to resolve a particular issue.
(3) QAPI mechanisms shall include:
(a) An ongoing review of key elements of care
			 using comparative and trend data to include aggregate patient data and to
			 promote the reduction of risks;
(b)
			 Identification of areas where performance measures or outcome data indicate a
			 need for improvement;
(c)
			 Establishment of QAPI committees to identify any variations from desired
			 outcomes; create and implement improvement plans; evaluate the effectiveness of
			 the improvement plan; and
(d)
			 Establishment and monitoring of key quality indicators. For each indicator, the
			 facility shall establish a performance level consistent with current
			 professional knowledge. At a minimum, the following indicators shall be
			 monitored on an ongoing basis:
(A) Water
			 Quality including chemical and bacteriological indicators;
(B) Equipment maintenance and
			 repair;
(C) Reprocessing of
			 dialyzers including performance measures, labeling, disinfection, and pyrogenic
			 reactions;
(D) Infection control
			 including monitoring of staff and patient infections;
(E) Clinical outcomes including laboratory
			 values, dialysis adequacy, hospitalizations, vascular access
			 complications;
(F) Incidents and
			 rate of adverse occurrences (clinical variances) including accidents,
			 medication errors, treatment errors, infiltrations, needle sticks, adverse drug
			 reactions, and other occurrences affecting patients, visitors, or
			 staff;
(G) Mortality including
			 review of each patient death and monitoring of mortality rates and
			 trends;
(H) Complaints and
			 suggestions including those from patients, family and staff; and
(I) Other indicators as required by federal
			 regulations and Network requirements.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 700 - LICENSING STANDARDS FOR OUTPATIENT RENAL DIALYSIS FACILITIES › Section 333-700-0095 - Medical Director of an Outpatient Renal Dialysis Facility

Current through Register Vol. 63, No. 7, July 1, 2024
The Medical Director shall be responsible for oversight of the
				care provided by the staff of the dialysis facility. Treatment must be provided
				under the general supervision of a director who is a physician. The
				physician-director need not devote full time as director but shall be
				responsible for planning, organizing, conducting, and directing the
				professional dialysis services and must devote sufficient time to carrying out
				these responsibilities. The director may also serve as the Chief Executive
				Officer of the facility.
(1) The
			 director of a dialysis facility must be a qualified
			 physician-director.
(2) The
			 responsibilities of the physician-director include but are not limited to the
			 following:
(a) Assuring the development and
			 implementation of the process of modality selection, i.e., transplantation or
			 dialysis and the setting for dialysis for all patients;
(b) Assuring adequate training of nurses and
			 technicians in dialysis techniques;
(c) Assuring adequate monitoring of the
			 patient and the dialysis process, including, self-dialysis patients;
(d) Assuring periodic assessment of patient
			 performance of dialysis tasks;
(e)
			 Assuring the development and availability of a patient care policy and
			 procedures manual and its implementation. At a minimum, the manual shall
			 describe the following:
(A) Types of dialysis
			 used in the facility and the procedures followed in performance of such
			 dialysis;
(B) Hepatitis prevention
			 and procedures for handling an individual with hepatitis;
(C) Infection control; and
(D) A disaster preparedness plan (e.g.,
			 patient emergency, fire, flood);
(f) Assuring that patient teaching materials
			 are available for use by all trainees during the training period and at times
			 other than during the dialysis procedure when self-dialysis training or home
			 dialysis training is offered; and
(g) Assuring that patient outcomes are
			 monitored and evaluated as part of the QAPI process. The Medical Director must
			 assure that a plan is in place for the improvement of patient outcomes. This
			 process shall include a review of any accidents, incidents, or adverse
			 outcomes.