Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 550 - PROJECTS OR PROPOSALS SUBJECT TO CERTIFICATE OF NEED REVIEW › Section 333-550-0010 - Health Services Subject to Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 442.315(1), a certificate of need must be obtained from the division prior to
			 the offering or development of any new hospital or new skilled nursing or
			 intermediate care service or facility, other than a facility, as defined in ORS
			 441.065.
(2) A new hospital is any
			 facility that did not offer inpatient hospital services on a regular basis
			 within its service area within the prior 12-month period and is initiating or
			 proposing to initiate such services. For the purposes of this section, the
			 service area of an existing general hospital will be determined in accordance
			 with the provisions of OAR
			 333-590-0040  but shall not extend beyond a seven-mile radius from the main hospital campus.
			 A new hospital is not created by the reinstatement of services by an
			 established hospital which has experienced an interruption of services of less
			 than 12 months. A change in category of license for an already operating
			 hospital does not create a new hospital unless the hospital proposes to offer
			 one or more new services not encompassed within its existing license (e.g., a
			 facility for the treatment of alcoholism or drug abuse which proposes to offer
			 inpatient psychiatric services). A new hospital does not include the expansion
			 of an existing hospital at its current site; but it does include any
			 replacement, rebuilding or relocation of an existing hospital that involves a
			 substantial increase or change in the services offered. The definition of
			 "rebuilding" contained in subsection (3)(c) of this rule will also be used for
			 the purposes of this section. For the purposes of this section, a substantial
			 increase in services will be considered to include any increase in the total
			 facility bed capacity or in the bed capacity of any hospital service of greater
			 than ten beds or ten percent of the bed capacity of the facility or service. A
			 substantial change in the services offered will be considered to include any
			 establishment of a new health service, as defined in section (4) of this
			 rule.
(3) A new skilled nursing or
			 intermediate care service or facility includes any of the following:
(a) The initiation of inpatient skilled
			 nursing or intermediate care services by a new facility or by a health care
			 facility that did not offer such services within the prior 12-month period. A
			 change in ownership of a long-term care facility is not considered to
			 constitute establishment of a new facility. A change in the services of an
			 existing long-term care facility is not considered to constitute the
			 establishment of a new facility or service, unless the new services are not
			 within the scope of services allowable under a long-term care facility license
			 and require licensure under a hospital licensure category;
(b) An increase in the skilled nursing or
			 intermediate care bed capacity of a long-term care facility by more than 10
			 beds or more than 10 percent of the current long-term care bed capacity,
			 whichever is less, within a two-year period after the most recent previous
			 increase in beds at the facility. The date of the most recent increase in
			 capacity will be considered to be the date on which a revised license was
			 issued by the Seniors and People with Disabilities Division reflecting the new
			 licensed capacity. In calculating ten percent of a facility's capacity, the
			 division will round up to the nearest whole number;
(c) The rebuilding of an existing long-term
			 care facility. "Rebuilding" is considered to include any construction project
			 in which at least 50 percent of the square footage of the existing building or
			 buildings is demolished and replaced through new construction; or remodeling
			 which is so extensive that the cost of the remodeling is at least 50 percent of
			 the estimated replacement cost of the facility; or remodeling which involves
			 replacement through new construction of at least 50 percent of the facility's
			 structural bed capacity;
(d) The
			 relocation of an existing long-term care facility building to a new
			 site;
(e) The relocation of
			 existing long-term care beds from one licensed health care facility to
			 another.