Oregon Revised Statutes

Chapter 413 — Oregon Health Authority

162 sections

413.005 [Formerly 413.010; 1965 c.556 §21; 1973 c.651 §7; 2003 c.14 §184; repealed by 2005 c.381 §30]

OREGON HEALTH POLICY BOARD

413.006 Establishment of Oregon Health Policy Board

There is established the Oregon Health Policy Board, consisting of nine members appointed by the Governor. The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on January 1 next following. A member is eligi…

413.007 Composition of board

The Oregon Health Policy Board consists of individuals who: Are United States citizens and residents of this state; Have demonstrated leadership skills in their professional and civic lives; To the greatest extent practicable, represent the various geographic, ethnic, gender, racial and economic diversity of this state; and Collectively offer expertise, …

413.008 Chairperson; quorum; meetings

The Governor shall select from the membership of the Oregon Health Policy Board the chairperson and vice chairperson. A majority of the members of the board constitutes a quorum for the transaction of business. The board shall meet at least once every month and shall meet at least once every two years in each congressional district in this state, at a plac…

413.009 [Formerly 413.020; 1965 c.556 §22; 1967 c.204 §2; 1969 c.468 §4; 1973 c.651 §8; repealed by 2005 c.381 §30]

413.010 [Amended by 1961 c.620 §9; renumbered 413.005]

413.011 Duties of board

The duties of the Oregon Health Policy Board are to: Be the policy-making and oversight body for the Oregon Health Authority established in ORS 413.032 and all of the authority’s departmental divisions. Develop and submit a plan to the Legislative Assembly to provide and fund access to affordable, quality health care for all Oregonians. Develop a program …

413.014 Rules

In accordance with applicable provisions of ORS chapter 183, the Oregon Health Policy Board may adopt rules necessary for the administration of the laws that the board is charged with administering.

413.015 [Formerly 413.030; repealed by 1969 c.69 §8]

413.016 Authority of board to establish advisory and technical committees

The Oregon Health Policy Board may establish such advisory and technical committees as the board considers necessary to aid and advise the board in the performance of the board’s functions. These committees may be continuing or temporary committees. The board shall determine the representation, membership, terms and organization of the committees and shall a…

413.017 Public Health Benefit Purchasers Committee, Health Care Workforce Committee, Health Plan Quality Metrics Committee and Behavioral Health Committee; rules

The Oregon Health Policy Board shall establish the committees described in subsections (2) to (5) of this section. The Public Health Benefit Purchasers Committee shall include individuals who purchase health care for the following: The Public Employees’ Benefit Board. The Oregon Educators Benefit Board. Trustees of the Public Employees Retirement System.…

413.018 [2009 c.595 §7a; repealed by 2015 c.829 §8]

413.019 [Formerly 413.040; 1967 c.116 §2; repealed by 2005 c.381 §30]

413.020 [Renumbered 413.009]

413.022 Metrics and scoring subcommittee; identification of health outcome and quality measures and benchmarks

As used in this section: “Downstream health outcome and quality measures” means: The sets of core quality measures for the Medicaid program that are published by the Centers for Medicare and Medicaid Services in accordance with 42 U.S.C. 1320b-9a and 1320b-9b; and If the sets of core quality measures for adults published by the Centers for Medicare and Me…

413.025 [Formerly 413.150; 1969 c.69 §6; repealed by 1981 c.784 §38]

413.029 [Formerly 413.190; repealed by 2005 c.381 §30]

413.030 [Amended by 1961 c.620 §10; renumbered 413.015]

413.031 [2009 c.595 §18; renumbered 413.101 in 2011]

OREGON HEALTH AUTHORITY

413.032 Establishment of Oregon Health Authority

The Oregon Health Authority is established. The authority shall: Carry out policies adopted by the Oregon Health Policy Board; Administer the Oregon Integrated and Coordinated Health Care Delivery System established in ORS 414.570 and the COFA Dental Program established in ORS 413.614; Administer the Oregon Prescription Drug Program; Develop the policies…

413.033 Oregon Health Authority director

The Oregon Health Authority is under the supervision and control of a director, who is responsible for performing the duties, functions and powers of the authority. The Governor shall appoint the Director of the Oregon Health Authority, who holds office at the pleasure of the Governor. The appointment of the director is subject to confirmation by the Senate…

413.034 Oregon Health Authority officers and employees

Subject to any applicable provisions of ORS chapter 240, the Director of the Oregon Health Authority shall appoint all subordinate officers and employees of the Oregon Health Authority, prescribe their duties and fix their compensation.

413.035 [Formerly 413.211; repealed by 1973 c.651 §11]

413.036 Use of abuse and neglect reports for screening subject individuals; rules

As used in this section: “Care” means treatment, education, training, instruction, placement services, recreational opportunities, support services or case management, or the supervision of such services, for clients of the Oregon Health Authority. “Subject individual” means a person who is: Employed or who seeks to be employed by the authority to provide…

413.037 Administering oaths; depositions; subpoenas

The Director of the Oregon Health Authority, each deputy director and authorized representatives of the director may administer oaths, take depositions and issue subpoenas to compel the attendance of witnesses and the production of documents or other written information necessary to carry out the provisions of ORS 413.006 to 413.042, 415.012 to 415.430, 415.…

413.038 Service of notice by regular mail

The Oregon Health Authority may serve a notice described in ORS 183.415 by regular mail or, if requested by the recipient of the notice, by electronic mail. The legal presumption described in ORS 40.135 (1)(q) does not apply to a notice that is served by regular mail under this section. Except as provided in subsection (3) of this section, a contested case …

413.039 [1961 c.620 §23; 1963 c.609 §4; 1965 c.556 §23; repealed by 1965 c.556 §28 and 1969 c.203 §13]

413.040 [Amended by 1961 c.620 §11; renumbered 413.019]

413.041 Persons authorized to represent parties in contested cases

Notwithstanding ORS 8.690, 9.160, 9.320 or 203.145 or ORS chapter 180 or other law, in any contested case proceeding before the Oregon Health Authority, a party that is not a natural person may be represented by an attorney or by any officer or authorized agent or employee of the party. Note: 413.041 was enacted into law by the Legislative Assembly but was …

413.042 Rules

In accordance with applicable provisions of ORS chapter 183, the Director of the Oregon Health Authority may adopt rules necessary for the administration of the laws that the Oregon Health Authority is charged with administering.

413.045 [1961 c.620 §22; 1963 c.609 §5; repealed by 1965 c.556 §28 and 1969 c.203 §13]

413.046 Right to courteous, fair and dignified treatment; grievances

All applicants for and recipients of medical assistance, as defined in ORS 414.025, shall be treated in a courteous, fair and dignified manner by Oregon Health Authority employees. Any applicant or recipient who alleges discourteous, unfair or undignified treatment by an authority employee or alleges that an authority employee has provided incorrect or inad…

413.047 [1963 c.609 §2; repealed by 1965 c.556 §28 and 1969 c.203 §13]

413.049 [1961 c.620 §11b; repealed by 1963 c.609 §6]

413.050 [Amended by 1961 c.620 §12; renumbered 413.068]

413.052 [1963 c.609 §3; 1965 c.556 §24; repealed by 1965 c.556 §28; and 1969 c.203 §13]

413.055 [1961 c.620 §25; repealed by 1965 c.556 §28 and 1969 c.203 §13]

413.059 [1961 c.620 §§27,28; repealed by 1965 c.556 §28 and 1969 c.203 §13]

413.060 [Repealed by 1961 c.171 §4]

413.061 [1963 c.609 §9(4); repealed by 1969 c.203 §13]

413.063 [1963 c.609 §9(1),(2),(3); repealed by 1969 c.203 §13]

413.064 [2009 c.595 §16; 2011 c.720 §127; renumbered 741.340 in 2011]

413.065 [1961 c.620 §29; repealed by 1963 c.609 §6]

413.066 [1963 c.609 §8; repealed by 1969 c.203 §13]

413.068 [Formerly 413.050; 1969 c.203 §3; 1971 c.779 §38; repealed by 2005 c.381 §30]

413.070 [Amended by 1961 c.620 §13; 1969 c.203 §4; 1971 c.779 §39; 2003 c.14 §185; repealed by 2005 c.381 §30]

413.071 Authorization to request federal waivers

Notwithstanding any other provision of law, federal laws shall govern the administration of federally granted funds. The Director of the Oregon Health Authority may request a waiver of any federal law in order to fully implement provisions of state law using federally granted funds. Note: 413.071 and 413.072 were enacted into law by the Legislative Assembly…

413.072 Public process required if waiver of federal requirement involves policy change

As used in this section, “policy change” includes any change in the operation of medical assistance programs that affects recipients adversely in any substantial manner, including but not limited to the denial, reduction, modification or delay of benefits. “Policy change” does not include any procedural change that affects internal management but does not ad…

413.075 [2009 c.595 §26; renumbered 741.381 in 2011]

413.080 [Repealed by 1969 c.597 §281]

413.083 Dental director; duties; rules

The Oregon Health Authority shall appoint a dental director who serves at the pleasure of the authority. The authority may establish by rule additional qualifications for the dental director. The dental director: Must be a dentist licensed to practice under ORS chapter 679; Must be in good standing with the Oregon Board of Dentistry or with the dental lice…

413.084 State School Nursing Consultant; duties

The position of State School Nursing Consultant is created in the Oregon Health Authority. The responsibilities of the consultant include, but are not limited to, all of the following: Coordinating and collaborating with the school nurse specialist within the Department of Education. Providing school nursing policy and program guidance for the authority, t…

413.085 Cross-delegation by directors of Department of Human Services, Department of Consumer and Business Services and Oregon Health Authority

The Director of Human Services, the Director of the Department of Consumer and Business Services and the Director of the Oregon Health Authority may delegate to each other by interagency agreement any duties, functions or powers granted to the Department of Human Services, the Department of Consumer and Business Services or the Oregon Health Authority by law…

413.090 [Amended by 1955 c.364 §7; 1961 c.620 §14; 1969 c.68 §7; 1971 c.779 §40; repealed by 2005 c.381 §30]

413.100 [Amended by 1971 c.734 §44; 1971 c.779 §41; repealed by 2005 c.381 §30]

FINANCIAL ADMINISTRATION

413.101 Oregon Health Authority Fund

The Oregon Health Authority Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Health Authority Fund shall be credited to the fund. Except as provided in subsection (3) of this section, moneys in the fund are continuously appropriated to the Oregon Health Authority for carrying out the dutie…

413.105 Deposit of reimbursements received for medical assistance expenditures

All sums of money recovered by or paid to the Oregon Health Authority as reimbursement for funds expended for medical assistance shall be paid into the Oregon Health Authority Fund established by ORS 413.101 and may be used for the provision and administration of medical assistance. However, the United States Government is entitled to a share of any amount r…

413.109 Acceptance and expenditures of funds received from private sources

The Oregon Health Authority may accept funds, money or other valuable things from relatives, corporations or interested persons or organizations for the care and support of needy persons and may expend the same for the care and support of the individual or individuals for whom the moneys were paid. The authority may accept from individuals, corporations and…

413.110 [Amended by 1955 c.381 §1; 1971 c.779 §42; repealed by 2005 c.381 §30]

413.115 Opioid Reversal Medication and Harm Reduction Clearinghouse Bulk Purchasing Fund

The Opioid Reversal Medication and Harm Reduction Clearinghouse Bulk Purchasing Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Opioid Reversal Medication and Harm Reduction Clearinghouse Bulk Purchasing Fund shall be credited to the fund. The Opioid Reversal Medication and Harm Reduction Cleari…

413.120 [Amended by 1955 c.381 §2; 1961 c.620 §15; 1965 c.43 §1; 1973 c.651 §9; 2005 c.22 §283; repealed by 2005 c.381 §30]

413.121 Oregon Health Authority Special Checking Account

There is established an Oregon Health Authority Special Checking Account in the State Treasury. Upon the written request of the Director of the Oregon Health Authority, the Oregon Department of Administrative Services shall draw payments in favor of the authority to be charged against appropriations and other moneys available to the authority in the same man…

413.125 Revolving fund

On written request of the Oregon Health Authority, the Oregon Department of Administrative Services shall draw warrants on amounts appropriated to the authority for operating expenses for use by the authority as a revolving fund. The revolving fund may not exceed the aggregate sum of $100,000 including unreimbursed advances. The revolving fund shall be depos…

413.127 [2013 c.177 §2; repealed by 2015 c.829 §9]

413.129 Aggregation of warrants and payments

The Oregon Department of Administrative Services shall draw warrants in favor of the Oregon Health Authority for the aggregate amounts of the authority’s expenses. The authority shall deposit the warrants in the State Treasury in a checking account in reimbursement of those expenses. The authority may draw its checks on the State Treasury in favor of the per…

413.130 [Amended by 1961 c.620 §16; 1969 c.203 §6; repealed by 2005 c.381 §30]

413.135 Combining and eliminating accounts

Notwithstanding any other law, the Oregon Health Authority may, with the approval of the Oregon Department of Administrative Services and the State Treasurer, combine or eliminate any accounts that are established in statute and appropriated to the authority if economy and efficiency in operations can be obtained and the combination or elimination of account…

413.140 [Amended by 1961 c.620 §17; 1969 c.203 §7; 2003 c.14 §186; repealed by 2005 c.381 §30]

413.150 [Renumbered 413.025]

413.151 Setoff of liquidated and delinquent debts

Liquidated and delinquent debts owed to the Oregon Health Authority may be set off against amounts owed by the authority to the debtors. Note: See first note under 413.105.

413.160 [Amended by 1957 c.56 §3; 1971 c.779 §43; repealed by 2005 c.381 §30]

COLLECTION, RETENTION AND DISCLOSURE OF RECORDS

413.161 Collection of data on race, ethnicity, language, disability status, sexual orientation and gender identity; rules

The Oregon Health Authority, in collaboration with the Department of Human Services, shall adopt by rule uniform standards, based on local, statewide and national best practices, for the collection of data on race, ethnicity, preferred spoken and written languages, disability status, sexual orientation and gender identity. The authority and the department sh…

413.162 Reports to Legislative Assembly on collection of data under ORS 413.161

No later than June 1, 2014, and every two years thereafter, the Oregon Health Authority and the Department of Human Services shall report to the appropriate committees of the Legislative Assembly in the manner provided in ORS 192.245 on the implementation of ORS 413.161. The report must include, but is not limited to: A description of the uniform standards …

413.163 System for collecting data on race, ethnicity, language, disability, sexual orientation and gender identity

The Oregon Health Authority shall establish a data system for data on race, ethnicity, preferred spoken and written languages, disability status, sexual orientation and gender identity collected under ORS 413.164. The data system established under this section must include: A data registry to receive and store the data described in this section from coordin…

413.164 Collection and reporting of data by health care providers and insurers; rules

As used in this section and ORS 413.163 and 413.167: “Board” means the: State Board of Examiners for Speech-Language Pathology and Audiology; State Board of Chiropractic Examiners; State Board of Licensed Social Workers; Oregon Board of Licensed Professional Counselors and Therapists; Oregon Board of Dentistry; State Board of Massage Therapists; Oreg…

413.165 [1965 c.556 §26; 1971 c.779 §44; 1973 c.823 §130; 2001 c.900 §99a; repealed by 2005 c.381 §30]

413.166 Grants for data collection; rules

The Oregon Health Authority shall develop and administer a grant program to provide funding for the purpose of supporting safe data collection by community health organizations and community-based groups with demonstrated experience serving tribal communities, communities of color, LGBTQ+ people, people with disabilities, people who speak primary languages o…

413.167 Reports to Legislative Assembly

No later than June 1, 2022, and every two years thereafter, the Oregon Health Authority shall report to the appropriate committees of the Legislative Assembly in the manner provided in ORS 192.245 on the implementation of ORS 413.163 and 413.164. The report must include, but is not limited to: A description of uniform standards for data collection and imple…

413.170 [Amended by 1961 c.620 §18; 1969 c.203 §8; repealed by 2001 c.900 §261]

413.171 Sharing of data with Department of Human Services; rules

The Oregon Health Authority shall adopt and enforce rules governing the custody, use and preservation of the records, papers, files and communications of the authority in accordance with applicable privacy laws. The use of the records, papers, files and communications is limited to the purposes for which they are furnished and by the provisions of law under …

413.175 Prohibition on disclosure of information; exceptions

For the protection of applicants for and recipients of public assistance and medical assistance, as defined in ORS 414.025, except as otherwise provided in this section, the Oregon Health Authority may not disclose or use the contents of any public assistance or medical assistance records, files, papers or communications for purposes other than those directl…

413.180 [Amended by 1961 c.620 §19; 1969 c.203 §9; 1971 c.779 §45; repealed by 2001 c.900 §261]

413.181 Disclosure of insurer information by Department of Consumer and Business Services for purpose of administering Oregon Integrated and Coordinated Care Delivery System

The Department of Consumer and Business Services and the Oregon Health Authority may enter into agreements governing the disclosure of information reported to the department by insurers with certificates of authority to transact insurance in this state and the disclosure of information reported to the Oregon Health Authority by coordinated care organizations…

413.190 [Renumbered 413.029]

413.195 Disclosure of information about cremated or reduced remains

As used in this section: “Family member” means any individual related by blood, marriage or adoption to a person whose cremated or reduced remains are in the possession of the Oregon Health Authority. “Reduced remains” means the remains of a human body after completion of an authorized process for reducing human remains. Authorized processes for reducing h…

413.196 Confidentiality and inadmissibility of information obtained in connection with epidemiologic morbidity and mortality studies; exceptions; nonliability of informants

All information procured by or furnished to the Oregon Health Authority, any federal public health agency or any nonprofit health agency that is exempt from taxation under the laws of this state or procured by any agency, organization or person acting jointly with or at the request of the authority, in connection with special epidemiologic morbidity and mort…

413.200 [Amended by 1955 c.444 §4; 1961 c.620 §20; subsection (2) enacted as 1961 c.620 §7; 1969 c.203 §10; 1971 c.455 §1; 1975 c.386 §3; 1985 c.522 §3; 1993 c.249 §4; 1995 c.664 §93; repealed by 2005 c.381 §30]

HEALTH CARE DELIVERY SYSTEM CAPACITY

413.201 Targeted outreach for Cover All People program; grants to address health care access barriers

The Oregon Health Authority is responsible for statewide outreach, education and engagement for the Cover All People program established in ORS 414.231 and administered by the authority with the goal of enrolling in the program all eligible individuals residing in this state. The authority, in collaboration with the work group described in subsection (3) of …

413.210 [Repealed by 1953 c.500 §12]

413.211 [1957 c.705 §2; renumbered 413.035]

413.213 Community Acute Psychiatric Facility Capacity Program Fund

The Community Acute Psychiatric Facility Capacity Program Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Community Acute Psychiatric Facility Capacity Program Fund must be credited to the fund. The Community Acute Psychiatric Facility Capacity Program Fund consists of moneys deposited in the fun…

413.220 [Repealed by 2005 c.381 §30]

413.223 School-based health centers; certification; best practices; rules

The division of the Oregon Health Authority that is charged with public health functions: Shall develop and continuously refine a system of care that: Meets the developmental needs of adolescents; Promotes evidence-based practices for children; and Prioritizes public health through activities such as: Establishing certification and performance standards…

413.225 Grants to safety net providers; evaluation of implementation of Cover All People program; rules

As used in this section: “Community health center or safety net clinic” means a nonprofit medical clinic or school-based health center that provides primary physical health, vision, dental or mental health services to low-income patients without charge or using a sliding scale based on the income of the patient. “School-based health center” means a health …

413.227 Oregon Health Authority reimbursement of coordinated care organization’s costs to provide services related to improving student access to school-based oral health services

As used in this section: “Coordinated care organization” has the meaning given that term in ORS 414.025. “Global budget” has the meaning given that term in ORS 414.025. The Oregon Health Authority may not reduce a global budget or deny reimbursement for the costs claimed by a coordinated care organization to provide care coordination or other social servi…

413.230 [Amended by 1961 c.620 §31; 1991 c.67 §106; repealed by 2005 c.381 §30]

413.231 Recruitment of primary care providers

The Oregon Health Authority, through the Health Care Workforce Committee created pursuant to ORS 413.017, shall work with interested parties, which may include Travel Oregon, the State Workforce and Talent Development Board, medical schools, physician organizations, hospitals, county and city officials, local chambers of commerce, organizations that promote …

413.233 [2013 c.177 §1; repealed by 2015 c.829 §9]

413.234 Supplemental payments to emergency services providers

As used in ORS 413.234 and 413.235: “Emergency medical services” means the services provided by emergency medical services providers to an individual experiencing a medical emergency in order to: Assess, treat and stabilize the individual’s medical condition; or Prepare and transport the individual by ground to a medical facility. “Emergency medical serv…

413.235 Emergency services intergovernmental transfer program

The Oregon Health Authority shall develop and implement an intergovernmental transfer program to provide for the transfer of funds from an emergency medical services provider to the authority to pay the costs of providing emergency medical services to members of a coordinated care organization. The authority shall pay any federal financial participation rece…

413.236 Coordinated care organization reimbursement of emergency medical services providers

ORS 682.400 is in addition to and not in lieu of the provisions of ORS 413.234 and 413.235. The reimbursement established under ORS 682.400 also applies to the reimbursement of emergency medical services providers, as defined in ORS 682.400, by coordinated care organizations, as defined in ORS 414.025, as permitted by the Centers for Medicare and Medicaid S…

413.240 [1961 c.620 §30; 1969 c.203 §11; 2003 c.14 §187; repealed by 2005 c.381 §30]

413.241 Enhanced federal match for Indian health care providers

As used in this section: “Eligible claim” means a claim for reimbursement of the cost of a health care item or service that is: Covered by the state medical assistance program; and Within the scope of a written care coordination agreement between an Indian health care provider and a nontribal health care provider. “Enhanced federal match” means 100 perce…

413.246 Information provided to retired physicians and health care providers

The Oregon Health Authority, in consultation with the appropriate professional and trade associations and licensing boards, shall inform retired physicians and health care providers regarding ORS 30.302 and 30.792. Note: See note under 413.231.

413.248 Physician Visa Waiver Program; rules; fees

The Physician Visa Waiver Program is established in the Oregon Health Authority. The purpose of the program is to make recommendations to the United States Department of State for a waiver of the foreign country residency requirement on behalf of foreign physicians holding visas who seek employment in federally designated shortage areas. A foreign physician…

413.249 United We Heal Medicaid Payment Program established; rules

The United We Heal Medicaid Payment Program is established in the Oregon Health Authority. The goal of the program is to increase the available behavioral health care workforce in this state through workforce recruitment and retention strategies. The authority shall provide supplemental medical assistance payments to eligible behavioral health care entities …

413.250 Statewide Health Improvement Program

There is created in the Oregon Health Authority the Statewide Health Improvement Program to support evidence-based community efforts to prevent chronic disease and reduce the utilization of expensive and invasive acute treatments. The program is composed of activities described in subsection (2) of this section. The authority may, subject to funding, award …

413.255 Cooperative research and demonstration projects for health and health care purposes

In addition to its other powers, the Oregon Health Authority may: Enter into agreements with, join with or accept grants from the federal government for cooperative research and demonstration projects for health and health care purposes, including, but not limited to, any project that: Improves the lifelong health of Oregonians. Aids in effecting coordina…

413.256 Regional health equity coalitions

As used in this section: “Communities of color” means members of racial or ethnic communities as prescribed by the Oregon Health Authority by rule. “Community-led” means based on a set of core principles that, at a minimum, engages the people living in a geographic community to establish goals and priorities, using local residents as leaders, building on s…

413.257 Experimental, prototype health care of tomorrow

The Legislative Assembly declares that it is in the best interest of the people of Oregon for the competing health care systems in this state to come together and find a way to envision the future of health care delivery in this state. The Legislative Assembly therefore declares its intent to exempt from state antitrust laws, and to provide immunity from fed…

413.259 Patient centered primary care home program and behavioral health home program

There is established in the Oregon Health Authority the patient centered primary care home program and the behavioral health home program. Through these programs, the authority shall: Define core attributes of a patient centered primary care home and a behavioral health home to promote a reasonable level of consistency of services provided by patient center…

413.260 Patient centered primary care and behavioral health home delivery models

The Oregon Health Authority, in collaboration with health insurers and purchasers of health plans including the Public Employees’ Benefit Board, the Oregon Educators Benefit Board and other members of the patient centered primary care home learning collaborative and the patient centered primary care home program advisory committee, shall: Develop, test and …

413.270 Advisory council; membership; duties

The Palliative Care and Quality of Life Interdisciplinary Advisory Council is established in the Oregon Health Authority consisting of nine members appointed by the Director of the Oregon Health Authority. The council shall consult with and advise the director on: Matters related to the establishment, maintenance, operation and evaluation of palliative car…

413.271 Palliative care information and resources

The Oregon Health Authority shall publish on its website information and resources, including links to external resources, about palliative care. This may include, but is not limited to: Continuing educational opportunities for health care providers; Information about palliative care delivery in the home and in primary, secondary and tertiary care faciliti…

413.273 Palliative care for patients and residents of hospitals, long term care facilities and residential care facilities

As used in this section and ORS 413.270 and 413.271: “Appropriate” means consistent with applicable legal, health and professional standards, a patient’s clinical and other circumstances, and the patient’s known wishes and beliefs. “Health facility” includes: Hospitals and long term care facilities licensed under ORS 441.025; and Residential facilities l…

413.300 Definitions for ORS 413.300 to 413.308, 413.310 and ORS chapter 414

As used in ORS 413.300 to 413.308, 413.310 and ORS chapter 414: “Electronic health record” means an electronic record of an individual’s health-related information that conforms to nationally recognized interoperability standards and that can be created, managed and consulted by authorized health care providers and staff. “Health care provider” or “provide…

413.301 Health Information Technology Oversight Council

There is established a Health Information Technology Oversight Council within the Oregon Health Authority. The Oregon Health Policy Board shall: Determine the terms of members on the council and the organization of the council. Appoint members to the council who, collectively, have expertise, knowledge or direct experience in health care delivery, health i…

413.302 [2009 c.595 §1170; repealed by 2015 c.243 §9]

413.303 Council chairperson; quorum; meetings

The Health Information Technology Oversight Council shall select one of the council’s members as chairperson, for such term and with such duties and powers necessary for the performance of the functions of the chairperson as the Oregon Health Policy Board determines. A majority of the members of the council constitutes a quorum for the transaction of busine…

413.306 [2009 c.595 §1173; repealed by 2015 c.243 §9]

413.308 Duties of council

The duties of the Health Information Technology Oversight Council are to: Identify and make specific recommendations related to health information technology to the Oregon Health Policy Board to achieve the goals of the Oregon Integrated and Coordinated Health Care Delivery System established by ORS 414.570. Regularly review and report to the board on the …

413.310 Oregon Health Information Technology program; fees; rules

The Oregon Health Authority shall establish and maintain the Oregon Health Information Technology program to: Support the Oregon Integrated and Coordinated Health Care Delivery System established by ORS 414.570; Facilitate the exchange and sharing of electronic health-related information; Support improved health outcomes in this state; Promote accountabi…

413.430 Functions of Director of Oregon Health Authority regarding health professionals

The Director of the Oregon Health Authority shall require each health licensing board in the Oregon Health Authority to maintain a register of the names and current addresses of all persons holding valid licenses, certificates of registration or other evidence of authority required to practice the occupation or profession, or operate the facility within the …

413.435 Administrative requirements for students in clinical training

The Oregon Health Authority, in collaboration with the State Workforce and Talent Development Board, shall convene a work group to develop standards for administrative requirements for student placement in clinical training settings in Oregon. The work group may include representatives of: State education agencies; A public educational institution offering…

413.450 Continuing education in cultural competency

The Oregon Health Authority shall approve continuing education opportunities relating to cultural competency. The authority shall develop a list of continuing education opportunities relating to cultural competency and make the list available to each board, as defined in ORS 676.850. The continuing education opportunities may include, but need not be limit…

413.500 Women, Infants and Children Program; rules; civil penalties

The Women, Infants and Children Program is established in the Oregon Health Authority. The purpose of the program is to serve as an adjunct to health care by providing nutritious food, nutrition education and counseling, health screening and referral services to pregnant and breast-feeding women and to infants and children in certain high-risk categories. T…

413.520 Gambling addiction programs in Oregon Health Authority; advisory committee

The Oregon Health Authority, in collaboration with county representatives, shall develop a plan for the administration of the statewide gambling addiction programs and delivery of program services. The authority may appoint an advisory committee or designate an existing advisory committee to make recommendations to the authority concerning: Performance sta…

413.522 Problem Gambling Treatment Fund

There is established in the State Treasury, separate and distinct from the General Fund, the Problem Gambling Treatment Fund. All moneys in the Problem Gambling Treatment Fund are continuously appropriated to the Oregon Health Authority to be expended for programs for the prevention and treatment of gambling addiction and other emotional and behavioral probl…

413.550 Definitions for ORS 413.550 to 413.559, 413.564 and 413.565

As used in ORS 413.550 to 413.559, 413.564 and 413.565: “Certified health care interpreter” means an individual who has been approved and certified by the Oregon Health Authority under ORS 413.558. “Coordinated care organization” has the meaning given that term in ORS 414.025. “Health care” means medical, surgical, oral or hospital care or any other remed…

413.552 Legislative findings and policy on health care interpreters

The Legislative Assembly finds that persons with limited English proficiency, or who communicate in signed language, are often unable to interact effectively with health care providers. Because of language differences, persons with limited English proficiency, or who communicate in signed language, are often excluded from health care services, experience del…

413.554 Oregon Council on Health Care Interpreters

The Oregon Council on Health Care Interpreters is created in the Oregon Health Authority. The council shall consist of no more than 15 members, appointed by the Director of the Oregon Health Authority, representing: Persons with expertise and experience in the administration of or policymaking for programs or services related to interpreters; Employers or …

413.556 Testing, qualification and certification standards for health care interpreters

The Oregon Council on Health Care Interpreters shall work in cooperation with the Oregon Health Authority to: Develop and approve testing, qualification and certification standards, consistent with national standards, for health care interpreters for persons with limited English proficiency and for persons who communicate in signed language. Do all other a…

413.558 Procedures for testing, qualifications and certification of health care interpreters; rules; fees

In consultation with the Oregon Council on Health Care Interpreters, the Oregon Health Authority shall by rule establish procedures for testing, qualification and certification of health care interpreters for persons with limited English proficiency or for persons who communicate in signed language, including but not limited to: Minimum standards for qualif…

413.559 Requirement for provider to work with health care interpreter from registry; exceptions; rules

Except as provided in subsection (2) of this section, a health care provider shall work with a health care interpreter from the health care interpreter registry administered by the Oregon Health Authority under ORS 413.558 when communicating with a patient who prefers to communicate in a language other than English, unless the health care provider is a docto…

413.560 Moneys received credited to account in Oregon Health Authority Fund

All moneys received by the Oregon Council on Health Care Interpreters under ORS 413.550 to 413.560 shall be paid into the Oregon Health Authority Fund and credited to an account designated by the authority. Such moneys shall be used only for the administration and enforcement of the provisions of ORS 413.550 to 413.560. Note: See note under 413.550.

413.561 Agencies or boards with enforcement authority

ORS 413.559 may be enforced by any means permitted under law by: A health professional regulatory board with respect to a health care provider under the jurisdiction of the board. The Oregon Health Authority or the Department of Human Services with regard to health care providers or facilities regulated by the authority or the department and health care pr…

413.562 State of Oregon as employer of health care interpreters for purposes of collective bargaining only

As used in this section, “health care interpreter” has the meaning given that term in ORS 413.550. For purposes of collective bargaining under ORS 243.650 to 243.809, the State of Oregon is the public employer of record of health care interpreters. Notwithstanding ORS 243.650 (19), health care interpreters are considered to be public employees governed by …

413.563 Requirement for interpretation service company to use health care interpreters from registry; exceptions

An interpretation service company operating in this state: Except as provided in paragraph (b) of this subsection, may not arrange for a health care interpreter to provide interpretation services in health care settings if the health care interpreter is not listed on the health care interpreter registry described in ORS 413.558. May arrange for a health ca…

413.564 Interpreter management system

As used in this section and ORS 413.565: “Interpreter management system” means an online portal that meets the requirements under subsection (3) of this section. “Nonprofit entity” means an organization that: Is registered in this state; Is exempt from taxation under section 501(c)(3) of the Internal Revenue Code; and Works with certified and qualified …

413.565 Health care interpreter recruitment and retention program

The Oregon Health Authority shall enter into a contract with a nonprofit entity to develop and administer a health care interpreter recruitment and retention program. The purpose of the program is to recruit individuals to become trained as qualified and certified health care interpreters and to promote retention of certified health care interpreters within …

413.570 Pain Management Commission; duties; staffing

The Pain Management Commission is established within the Oregon Health Authority. The commission shall: Develop pain management recommendations; Develop ways to improve pain management services through research, policy analysis and model projects; and Represent the concerns of patients in Oregon on issues of pain management to the Governor and the Legisla…

413.572 Additional duties of commission

The Pain Management Commission shall: Develop a pain management education program curriculum for a one-hour training and update it biennially. Provide health professional regulatory boards and other health boards, committees or task forces with the curriculum. Work with health professional regulatory boards and other health boards, committees or task forc…

413.574 Membership of commission

The Pain Management Commission shall consist of 19 members as follows: Seventeen members shall be appointed by the Director of the Oregon Health Authority. Prior to making appointments, the director shall request and consider recommendations from individuals and public and private agencies and organizations with experience or a demonstrated interest in pain…

413.576 Selection of chairperson and vice chairperson; requirements for commission meetings

The Director of the Oregon Health Authority shall select one member of the Pain Management Commission as chairperson and another as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of such offices as the director determines. A majority of the voting members of the commission constitutes a quorum for …

413.580 Pain Management Fund

There is established the Pain Management Fund in the Oregon Health Authority Fund established under ORS 413.101. All moneys credited to the Pain Management Fund are continuously appropriated for the purposes of ORS 413.570 to 413.599 to be expended by the Pain Management Commission established under ORS 413.570. Note: See note under 413.570.

413.582 Acceptance of contributions

The Pain Management Commission may accept contributions of funds and assistance from the United States Government or its agencies or from any other source, public or private, and agree to conditions thereon not inconsistent with the purposes of the commission. All such funds shall be deposited in the Pain Management Fund established in ORS 413.580 to aid in …

413.590 Pain management education required of certain licensed health care professionals; duties of Oregon Medical Board; rules

The following practitioners must complete a pain management education program described in ORS 413.572 (1)(c) or an equivalent pain management education program as described in ORS 675.110, 677.228, 678.101, 684.092, 685.102 or 689.285 at initial licensure and every 36 months thereafter: A physician associate licensed under ORS 677.505 to 677.525; A nurse …

413.592 [Formerly 409.565; repealed by 2015 c.70 §11]

413.599 Rules

In accordance with applicable provisions of ORS chapter 183, the Pain Management Commission may adopt rules necessary to implement ORS 413.570 to 413.599. Note: See note under 413.570. TRADITIONAL HEALTH WORKERS COMMISSION

413.600 Traditional Health Workers Commission

There is established within the Oregon Health Authority the Traditional Health Workers Commission. The Director of the Oregon Health Authority shall appoint the following 24 members to serve on the commission: Fourteen members, of which a majority must be appointed from nominees selected by the Oregon Community Health Workers Association, who represent tra…

413.610 [Formerly 735.601; repealed by 2023 c.584 §10]

413.611 [Formerly 735.604; repealed by 2023 c.584 §10]

413.612 [Formerly 735.608; 2022 c.87 §2; repealed by 2023 c.584 §10]

413.613 [Formerly 735.617; repealed by 2023 c.584 §10]

COMPACT OF FREE ASSOCIATION DENTAL PROGRAM

413.614 COFA Dental Program established

As used in this section: “COFA citizen” means an individual who is a citizen of: The Republic of the Marshall Islands; The Federated States of Micronesia; or The Republic of Palau. “Dental subcontractor” has the meaning given that term in ORS 414.025. “Income” means the modified adjusted gross income that is attributed to an individual in determining t…

413.650 Veterans Dental Program established; rules

As used in this section: “Dental subcontractor” and “medical assistance” have the meanings given those terms in ORS 414.025. “Veteran” means an individual who is a veteran, as defined in ORS 408.225, except the individual may be discharged or released under honorable or other than honorable conditions. The Veterans Dental Program is established in the Ore…

413.660 Certified community behavioral health clinic program established; rules

The certified community behavioral health clinic program is established in the Oregon Health Authority for the purpose of certifying community behavioral health clinics that meet criteria adopted by the authority by rule to receive prospective fixed cost-based rates, as provided in subsection (4) of this section, for services provided to medical assistance e…

413.800 Emergency planning

As used in this section: “Adult foster home” has the meaning given that term in ORS 443.705. “Health care facility” has the meaning given that term in ORS 442.015. “Residential facility” has the meaning given that term in ORS 443.400. Every adult foster home, health care facility and residential facility licensed or registered by the Oregon Health Author…

413.805 Services for children and youth under K Plan

Consistent with any assurances made by the Oregon Health Authority to the Centers for Medicare and Medicaid Services under the provisions of the state plan for medical assistance relating to the Community First Choice Option under 42 U.S.C. 1396n(k), the authority shall ensure that all children and youth who are eligible for medical assistance, including chi…