442.005 [1955 c.533 §2; 1973 c.754 §1; repealed by 1977 c.717 §23]repealed
No operative statutory text appears at this designation in the selected edition.
Oregon Revised Statutes
Chapter 442 — Health Planning
168 sections442.010 [Amended by 1955 c.533 §3; 1971 c.650 §20; repealed by 1977 c.717 §23]repealed
No operative statutory text appears at this designation in the selected edition.
442.011 Health Policy and Analytics Division created in Oregon Health Authority
There is created in the Oregon Health Authority the Health Policy and Analytics Division. The Director of the Health Policy and Analytics Division shall be appointed by the Director of the Oregon Health Authority. The Director of the Health Policy and Analytics Division shall be an individual with demonstrated proficiency in planning and managing programs wi…
442.015 Definitions
As used in ORS chapter 441 and this chapter, unless the context requires otherwise: “Acquire” or “acquisition” means obtaining equipment, supplies, components or facilities by any means, including purchase, capital or operating lease, rental or donation, for the purpose of using such equipment, supplies, components or facilities to provide health services i…
442.020 [Amended by 1955 c.533 §4; 1973 c.754 §2; repealed by 1977 c.717 §23]repealed
No operative statutory text appears at this designation in the selected edition.
442.025 [1977 c.751 §2; 1981 c.693 §2; 1983 c.482 §2; 1985 c.747 §1; 1987 c.660 §3; renumbered 442.310 in 2019]renumbered
No operative statutory text appears at this designation in the selected edition.
442.030 [Amended by 1955 c.533 §5; 1961 c.316 §8; 1967 c.89 §4; repealed by 1977 c.717 §23]repealed
No operative statutory text appears at this designation in the selected edition.
442.035 [1977 c.751 §3; 1979 c.697 §3; 1981 c.693 §3; 1983 c.482 §3; 1985 c.747 §4; 1987 c.660 §1; 1995 c.727 §20; 1997 c.683 §17; 2001 c.280 §1; 2003 c.784 §1; 2005 c.771 §2; repealed by 2009 c.595 §1204]repealed
No operative statutory text appears at this designation in the selected edition.
442.040 [Amended by 1955 c.533 §6; 1973 c.754 §3; repealed by 1977 c.717 §23]repealed
No operative statutory text appears at this designation in the selected edition.
442.045 [1977 c.751 §4; 1981 c.693 §4; 1983 c.482 §4; 1985 c.187 §1; 1985 c.747 §5; 1987 c.660 §2; 1991 c.470 §17; 1995 c.727 §22; 1997 c.683 §18; 1999 c.581 §1; 2003 c.784 §3; repealed by 2009 c.595 §1204]repealed
No operative statutory text appears at this designation in the selected edition.
442.050 [Amended by 1957 c.697 §3; 1969 c.535 §2; 1973 c.754 §4; 1977 c.284 §50; repealed by 1977 c.717 §23]repealed
No operative statutory text appears at this designation in the selected edition.
442.053 [1955 c.533 §7; 1973 c.754 §5; repealed by 1977 c.717 §23]repealed
No operative statutory text appears at this designation in the selected edition.
442.055 [1955 c.533 §8; repealed by 1973 c.754 §8]repealed
No operative statutory text appears at this designation in the selected edition.
442.057 [1977 c.751 §15; 1981 c.693 §5; 2003 c.784 §4; repealed by 2009 c.595 §1204]repealed
No operative statutory text appears at this designation in the selected edition.
442.060 [Amended by 1963 c.92 §1; repealed by 1977 c.717 §23]repealed
No operative statutory text appears at this designation in the selected edition.
442.070 [Amended by 1961 c.316 §9; 1967 c.89 §5; repealed by 1971 c.734 §21]repealed
No operative statutory text appears at this designation in the selected edition.
442.075 [1971 c.734 §58; repealed by 1973 c.754 §6 (442.076 enacted in lieu of 442.075)]repealed
No operative statutory text appears at this designation in the selected edition.
442.076 [1973 c.754 §7 (enacted in lieu of 442.075); repealed by 1977 c.717 §23]repealed
No operative statutory text appears at this designation in the selected edition.
442.080 [Repealed by 1977 c.717 §23]repealed
No operative statutory text appears at this designation in the selected edition.
442.085 [1977 c.751 §5; 1981 c.693 §6; repealed by 1987 c.660 §40]repealed
No operative statutory text appears at this designation in the selected edition.
442.090 [Repealed by 1955 c.533 §10]repealed
No operative statutory text appears at this designation in the selected edition.
442.095 [1977 c.751 §6; 1981 c.693 §7; 1983 c.482 §5; 1985 c.747 §7; 1987 c.660 §5; 1993 c.754 §6; repealed by 1995 c.727 §48]repealed
No operative statutory text appears at this designation in the selected edition.
442.100 [1977 c.751 §7; repealed by 1981 c.693 §31]repealed
No operative statutory text appears at this designation in the selected edition.
442.105 [1977 c.751 §38; 1981 c.693 §8; 1983 c.482 §6; repealed by 1987 c.660 §40]repealed
No operative statutory text appears at this designation in the selected edition.
442.110 [Formerly 431.250 (3), (4); repealed by 1987 c.660 §40]repealed
No operative statutory text appears at this designation in the selected edition.
442.120 [Formerly 442.355; 1991 c.703 §7; 1993 c.754 §7; 1995 c.727 §23; 1997 c.683 §19; 1999 c.581 §2; 2007 c.71 §128; 2009 c.595 §750; 2015 c.318 §6; 2018 c.50 §7; 2019 c.537 §1; renumbered 442.370 in 2019]renumbered
No operative statutory text appears at this designation in the selected edition.
442.150 [1977 c.751 §10; repealed by 1987 c.660 §40]repealed
No operative statutory text appears at this designation in the selected edition.
442.155 [1977 c.751 §11; 1983 c.482 §7; 1985 c.747 §6; repealed by 1987 c.660 §40]repealed
No operative statutory text appears at this designation in the selected edition.
442.160 [1977 c.751 §12; repealed by 1987 c.660 §40]repealed
No operative statutory text appears at this designation in the selected edition.
442.165 [1977 c.751 §13; 1981 c.693 §9; repealed by 1983 c.482 §23]repealed
No operative statutory text appears at this designation in the selected edition.
442.170 [1977 c.751 §14; repealed by 1983 c.482 §23]repealed
No operative statutory text appears at this designation in the selected edition.
442.200 [2007 c.384 §2; 2019 c.497 §10; renumbered 442.601 in 2019]renumbered
No operative statutory text appears at this designation in the selected edition.
442.205 [2007 c.384 §3; 2011 c.545 §56; 2015 c.318 §28; renumbered 442.602 in 2019]renumbered
No operative statutory text appears at this designation in the selected edition.
442.210 [2009 c.595 §1163; 2015 c.318 §29; 2015 c.798 §8; renumbered 413.259 in 2015]renumbered
No operative statutory text appears at this designation in the selected edition.
442.300 [Formerly 441.010; repealed by 1981 c.693 §31]repealed
No operative statutory text appears at this designation in the selected edition.
442.310 Findings and policy
The Legislative Assembly finds that the achievement of reasonable access to quality health care at a reasonable cost is a priority of the State of Oregon. Problems preventing the priority in subsection (1) of this section from being attained include: The inability of many citizens to pay for necessary health care, being covered neither by private insurance…
442.315 Certificate of need; rules; fees; appeals; enforcement; exceptions
Any new hospital or new skilled nursing or intermediate care service or facility not excluded pursuant to ORS 441.065 shall obtain a certificate of need from the Oregon Health Authority prior to an offering or development. The authority shall adopt rules specifying criteria and procedures for making decisions as to the need for the new services or facilitie…
442.320 [Formerly 441.090; 1979 c.697 §4; 1981 c.693 §10; 1983 c.482 §8; 1985 c.747 §31; 1987 c.660 §6; 1989 c.708 §6; repealed by 1989 c.1034 §11]repealed
No operative statutory text appears at this designation in the selected edition.
442.325 Certificate of need for health care facility of health maintenance organization; exempt activities; policy relating to health maintenance organizations
A certificate of need shall be required for the development or establishment of a health care facility of any new health maintenance organization. Any activity of a health maintenance organization which does not involve the direct delivery of health services, as distinguished from arrangements for indirect delivery of health services through contracts with …
442.330 [Formerly 441.092; 1979 c.697 §5; repealed by 1981 c.693 §31]repealed
No operative statutory text appears at this designation in the selected edition.
442.335 [1977 c.751 §8; 1981 c.693 §12; 1983 c.482 §9; 1987 c.660 §7; repealed by 1989 c.1034 §11]repealed
No operative statutory text appears at this designation in the selected edition.
442.340 [Formerly 441.095; 1979 c.174 §1; 1979 c.285 §2; 1979 c.697 §6; 1981 c.693 §13; 1983 c.482 §10; 1985 c.747 §33; 1987 c.660 §8; repealed by 1989 c.1034 §11]repealed
No operative statutory text appears at this designation in the selected edition.
442.342 Waiver of requirements; rules; penalties
Notwithstanding any other provision of law, a hospital licensed under ORS 441.025, in accordance with rules adopted by the Oregon Health Authority, may apply for waiver from the provisions of ORS 442.325, and the authority shall grant the waiver if, for the most recently completed hospital fiscal year preceding the date of application for waiver and each suc…
442.344 Exemptions from requirements
In furtherance of the purpose and intent of the Legislative Assembly as expressed in ORS 442.310 to achieve reasonable access to quality health care at a reasonable cost, the requirements of ORS 442.325 shall not apply to ambulatory surgical centers performing only ophthalmic surgery. Note: 442.344 was enacted into law by the Legislative Assembly but was no…
442.345 [1977 c.751 §33; 1981 c.693 §14; 1985 c.747 §36; repealed by 1989 c.1034 §11]repealed
No operative statutory text appears at this designation in the selected edition.
442.347 Rural hospital required to report certain actions
A rural hospital exempted from the certificate of need requirement by ORS 442.315 (8) shall report any action taken by the hospital that would have required a certificate of need if the exemption did not exist. Note: 442.347 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 442 or any series therein by legis…
442.350 [Formerly 441.140; repealed by 1989 c.1034 §11]repealed
No operative statutory text appears at this designation in the selected edition.
442.355 [1983 c.482 §12; 1985 c.747 §14; renumbered 442.120]renumbered
No operative statutory text appears at this designation in the selected edition.
442.360 [1977 c.751 §9; 1979 c.697 §7; 1981 c.693 §25; 1985 c.747 §37; repealed by 1989 c.1034 §11]repealed
No operative statutory text appears at this designation in the selected edition.
442.361 Definitions for ORS 442.361, 442.362 and 442.991
As used in this section and ORS 442.362 and 442.991: “Capital project” means: The construction, development, purchase, renovation or any construction expenditure by or on behalf of a reporting entity, for which the cost: For type A hospitals, exceeds five percent of gross revenue. For type B hospitals, exceeds five percent of gross revenue. For DRG hosp…
442.362 Reporting of proposed capital projects by hospitals and ambulatory surgical centers
The Oregon Health Authority may adopt rules requiring reporting entities within the state to publicly report proposed capital projects. Rules adopted under this section must: Require a reporting entity to establish on the home page of its website a prominently labeled link to information about proposed or pending capital projects. The information posted mus…
442.370 Ambulatory surgery and inpatient discharge abstract records; rules; fees
In order to provide data essential for health planning programs: The Oregon Health Authority shall obtain directly from each hospital licensed to operate in this state, or from a third party working on behalf of or by contract with the hospital, the following information prescribed by the authority by rule: Ambulatory surgery discharge abstract records; I…
442.372 Definitions for ORS 442.372 and 442.373
As used in this section and ORS 442.373, “reporting entity” means: An insurer as defined in ORS 731.106 or fraternal benefit society as described in ORS 748.106 required to have a certificate of authority to transact health insurance business in this state. A health care service contractor as defined in ORS 750.005 that issues medical insurance in this sta…
442.373 Health care data reporting by health insurers; rules; fees
The Oregon Health Authority shall establish and maintain a program that requires reporting entities to report health care data for the following purposes: Determining the maximum capacity and distribution of existing resources allocated to health care. Identifying the demands for health care. Allowing health care policymakers to make informed choices. Ev…
442.385 Definitions for ORS 442.385 and 442.386
As used in this section and ORS 442.386: “Frontline worker” means any worker whose total annual compensation is less than $200,000, adjusted annually to reflect any percentage changes in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor, excludin…
442.386 Health Care Cost Growth Target program established; rules
The Legislative Assembly intends to establish a health care cost growth target, for all providers and payers, to: Support accountability for the total cost of health care across all providers and payers, both public and private; Build on the state’s existing efforts around health care payment reform and containment of health care costs; and Ensure the lon…
442.392 Uniform payment methodology for hospital and ambulatory surgical center services; rules
The Oregon Health Authority shall prescribe by rule a uniform payment methodology for hospital and ambulatory surgical center services that: Incorporates the most recent Medicare payment methodologies established by the Centers for Medicare and Medicaid Services, or similar payment methodologies, for hospital and ambulatory surgical center services; Includ…
442.394 Acceptance by facilities as payment in full
A hospital or ambulatory surgical center shall bill and accept as payment in full an amount determined in accordance with ORS 243.256 and 243.879, if applicable, or the payment methodology prescribed by the Oregon Health Authority under ORS 442.392. This section does not apply to type A or type B hospitals, as described in ORS 442.470, or rural critical acc…
442.396 Attestation of compliance by insurers; rules
An insurer, as defined in ORS 731.106, that contracts with the Oregon Health Authority, including with the Public Employees’ Benefit Board and the Oregon Educators Benefit Board, to provide health insurance coverage for state employees, educators or medical assistance recipients must annually attest, on a form and in a manner prescribed by the authority, to …
442.400 “Health care facility” defined
As used in ORS 442.400 to 442.463, unless the context requires otherwise, “health care facility” or “facility” means such facility as defined by ORS 442.015, exclusive of a long term care facility, and includes all publicly and privately owned and operated health care facilities, but does not include facilities described in ORS 441.065.
442.405 Legislative findings and policy
The Legislative Assembly finds that rising costs and charges of health care facilities are a matter of vital concern to the people of this state. The Legislative Assembly finds and declares that it is the policy of this state: To require health care facilities to file for public disclosure reports that will enable both private and public purchasers of servi…
442.410 [1977 c.751 §45; 1981 c.693 §16; 1983 c.482 §13; 1985 c.747 §38; 1995 c.727 §24; 1997 c.683 §20; repealed by 1999 c.581 §11]repealed
No operative statutory text appears at this designation in the selected edition.
442.415 [1977 c.751 §46; 1983 c.482 §14; 1995 c.727 §25; 1997 c.683 §21; repealed by 1999 c.581 §11]repealed
No operative statutory text appears at this designation in the selected edition.
442.420 Application for financial assistance; financial analysis and investigation authority; rules
The Oregon Health Authority may apply for, receive and accept grants, gifts, payments and other funds and advances, appropriations, properties and services from the United States, the State of Oregon or any governmental body, agency or agencies or from any other public or private corporation or person, and enter into agreements with respect thereto, includin…
442.425 Financial reporting systems
The Oregon Health Authority by rule may specify one or more uniform systems of financial reporting necessary to meet the requirements of ORS 442.400 to 442.463. Such systems shall include such cost allocation methods as may be prescribed and such records and reports of revenues, expenses, other income and other outlays, assets and liabilities, and units of s…
442.430 Investigations; confidentiality of data
Whenever a further investigation is considered necessary or desirable by the Oregon Health Authority to verify the accuracy of the information in the reports made by health care facilities, the authority may make any necessary further examination of the facility’s records and accounts. Such further examinations include, but are not limited to, requiring a fu…
442.435 [Formerly 441.460; 1983 c.482 §16; 1987 c.660 §27; 1995 c.727 §29; 1997 c.683 §25; repealed by 1999 c.581 §11]repealed
No operative statutory text appears at this designation in the selected edition.
442.440 [Formerly 441.465; 1983 c.482 §17; 1983 c.740 §161; repealed by 1987 c.660 §40]repealed
No operative statutory text appears at this designation in the selected edition.
442.442 [1979 c.697 §10; repealed by 1981 c.693 §31]repealed
No operative statutory text appears at this designation in the selected edition.
442.445 [Formerly 441.480; 1981 c.693 §19; 1983 c.482 §18; 1983 c.696 §21; 1991 c.734 §24; 1993 c.18 §110; 1995 c.727 §30; 1997 c.683 §26; 1999 c.581 §6; 2007 c.384 §4; 2007 c.838 §§7,8; 2013 c.61 §§2b,2c; 2017 c.101 §47b; renumbered 442.994 in 2021]renumbered
No operative statutory text appears at this designation in the selected edition.
442.450 Exemption from cost review regulations
The following are not subject to ORS 442.400 to 442.463: Physicians in private practice, solo or in a group or partnership, who are not employed by, or hold ownership or part ownership in, a health care facility; or Health care facilities described in ORS 441.065.
442.460 Information about utilization and cost of health care services
In order to obtain regional or statewide data about the utilization and cost of health care services, the Oregon Health Authority may accept information relating to the utilization and cost of health care services identified by the authority from physicians, insurers or other third-party payers or employers or other purchasers of health care.
442.463 Annual utilization report; contents; approval; rules
Each licensed health facility shall file with the Oregon Health Authority an annual report containing such information related to the facility’s utilization as may be required by the authority, in such form as the authority prescribes by rule. The annual report shall contain such information as may be required by rule of the authority and must be approved b…
442.464 [2009 c.595 §1200; 2011 c.602 §54; renumbered 442.372 in 2019]renumbered
No operative statutory text appears at this designation in the selected edition.
442.465 [1985 c.747 §22; 1987 c.660 §10; 1989 c.1034 §6; 1995 c.727 §33; 1997 c.683 §29; repealed by 1999 c.581 §11]repealed
No operative statutory text appears at this designation in the selected edition.
442.466 [2009 c.595 §1201; 2015 c.318 §36; 2015 c.845 §1; renumbered 442.373 in 2019]renumbered
No operative statutory text appears at this designation in the selected edition.
442.467 [1985 c.747 §23; repealed by 1989 c.1034 §11]repealed
No operative statutory text appears at this designation in the selected edition.
442.468 [2009 c.595 §1174; 2011 c.602 §30; repealed by 2015 c.380 §2]repealed
No operative statutory text appears at this designation in the selected edition.
442.469 [1985 c.747 §24; 1987 c.660 §11; 1989 c.1034 §7; 1995 c.727 §34; 1997 c.683 §30; repealed by 1999 c.581 §11]repealed
No operative statutory text appears at this designation in the selected edition.
442.470 Definitions for ORS 442.470 to 442.507
As used in ORS 442.470 to 442.507: “Acute inpatient care facility” means a licensed hospital with an organized medical staff, with permanent facilities that include inpatient beds, and with comprehensive medical services, including physician services and continuous nursing services under the supervision of registered nurses, to provide diagnosis and medical…
442.475 Office of Rural Health
There is created the Office of Rural Health in the Oregon Health and Science University.
442.480 Rural Health Care Revolving Account
There is established the Rural Health Care Revolving Account in the General Fund. All moneys appropriated for the purposes of ORS 442.470 to 442.507 and all moneys paid to the Office of Rural Health by reason of loans, fees, gifts or grants for the purposes of ORS 442.470 to 442.507 shall be credited to the Rural Health Care Revolving Account. All moneys c…
442.485 Responsibilities of Office of Rural Health
The responsibilities of the Office of Rural Health shall include but not be limited to: Coordinating statewide efforts for providing health care in rural areas. Accepting and processing applications from communities interested in developing health care delivery systems. Applying for grants and accepting gifts and grants from other governmental or private …
442.490 Rural Health Coordinating Council; membership; terms; officers; compensation and expenses
In carrying out its responsibilities, the Office of Rural Health shall be advised by the Rural Health Coordinating Council. All members of the Rural Health Coordinating Council shall have knowledge, interest, expertise or experience in rural areas and health care delivery. The membership of the Rural Health Coordinating Council shall consist of: One primary…
442.495 Responsibilities of council
The responsibilities of the Rural Health Coordinating Council shall be to: Advise the Office of Rural Health on matters related to the health care services and needs of rural communities; Develop general recommendations to meet the identified needs of rural communities; and View applications and recommend to the office which communities should receive ass…
442.500 Technical and financial assistance to rural communities
The Office of Rural Health shall provide technical assistance to rural communities interested in developing health care delivery systems. Communities shall make application for this technical assistance on forms developed by the office for this purpose. The office may make grants or loans to rural communities for the purpose of establishing or maintaining …
442.502 Determination of size of rural hospital
For purposes of determining the size of a rural hospital, beds certified by the Oregon Health Authority on the license of the hospital as special inpatient care beds shall not be included. As used in this section, “special inpatient care beds” means beds that: Are used for the treatment of patients with mental illness or for the treatment of alcoholism or …
442.503 Eligibility for economic development grants
In addition to any other authorized uses of funds for economic development available from the Administrative Services Economic Development Fund, economic development grants may be made for the purpose of constructing, equipping, refurbishing, modernizing and making other capital improvements for type A and B rural hospitals, as defined under ORS 442.470. No…
442.505 Technical assistance to rural hospitals
The Office of Rural Health shall institute a program to provide technical assistance to rural hospitals. The Office of Rural Health shall be primarily responsible for providing: A recruitment and retention program for physicians and other primary care providers in rural areas. An informational link between rural hospitals and state and federal policies reg…
442.507 Assistance to rural emergency medical service systems
With the moneys transferred to the Office of Rural Health by ORS 442.870, the office shall establish a dedicated grant program for the purpose of providing assistance to rural communities to enhance emergency medical service systems. Communities, as well as nonprofit or governmental agencies serving those communities, may apply to the office for grants on f…
442.515 Rural hospitals; findings
The Legislative Assembly finds that Oregon rural hospitals are an integral part of the communities and geographic area where they are located. Their impact on the economic well-being and health status of the citizens is vast. The problems faced by rural hospitals include a general decline in rural economies, the age of the rural populations, older physical p…
442.520 Risk assessment formula; relative risk of rural hospitals
Subject to the formula set out in subsection (2) of this section, the Office of Rural Health, in consultation with a trade association representing hospitals and health systems in Oregon, shall establish a risk assessment formula to identify the relative risk of a rural hospital, as defined in ORS 442.470. To assess the degree of risk faced by each rural ho…
442.525 [1989 c.893 §9; 1993 c.765 §50; repealed by 2005 c.806 §5]repealed
No operative statutory text appears at this designation in the selected edition.
442.535 [2001 c.599 §1; 2011 c.637 §272; repealed by 2015 c.829 §8]repealed
No operative statutory text appears at this designation in the selected edition.
442.540 [2001 c.599 §2; 2011 c.637 §273; 2013 c.747 §162; 2015 c.513 §21; repealed by 2015 c.829 §8]repealed
No operative statutory text appears at this designation in the selected edition.
442.545 [2001 c.599 §3; 2011 c.637 §274; 2013 c.747 §163; repealed by 2015 c.829 §8]repealed
No operative statutory text appears at this designation in the selected edition.
442.550 [1989 c.893 §16; 1991 c.947 §5; 1999 c.582 §11; 1999 c.704 §23; 2001 c.336 §1; 2005 c.357 §3; 2007 c.485 §1; 2010 c.42 §1; repealed by 2013 c.177 §4]repealed
No operative statutory text appears at this designation in the selected edition.
442.555 [1989 c.893 §17; 1991 c.877 §20; 1991 c.947 §6; 1993 c.765 §52; 1999 c.291 §32; 1999 c.704 §24; 2005 c.357 §1; 2007 c.485 §2; 2010 c.42 §2; repealed by 2013 c.177 §4]repealed
No operative statutory text appears at this designation in the selected edition.
442.560 [1989 c.893 §18; 1991 c.877 §21; 1991 c.947 §3; 1993 c.765 §53; 1993 c.813 §13; 2005 c.357 §2; 2007 c.485 §3; 2010 c.42 §3; repealed by 2013 c.177 §4]repealed
No operative statutory text appears at this designation in the selected edition.
442.561 Certifying individuals licensed under ORS chapter 679 for tax credit
The Office of Rural Health shall establish criteria for certifying individuals who are licensed under ORS chapter 679 as eligible for the tax credit authorized by ORS 315.616. Upon application therefor and upon a finding that the applicant is or will be providing dental services to one or more rural communities and otherwise meets the eligibility criteria es…
442.562 Certifying podiatrists for tax credit
The Office of Rural Health shall establish criteria for certifying individuals who are licensed to practice podiatry under ORS chapter 677 as eligible for the tax credit authorized by ORS 315.616. Upon application therefor and upon a finding that the applicant is or will be providing podiatric services to one or more rural communities and otherwise meets the…
442.563 Certifying certain individuals providing rural health care for tax credit
The Office of Rural Health shall establish criteria for certifying individuals eligible for the tax credit authorized by ORS 315.613. Upon application therefor, the office shall certify individuals eligible for the tax credit authorized by ORS 315.613. The classification of rural hospitals described in ORS 315.613 (3)(a) to (d) for purposes of determining e…
442.564 Certifying optometrists for tax credit
The Office of Rural Health shall establish criteria for certifying individuals who are licensed as optometrists under ORS 683.010 to 683.340 as eligible for the tax credit authorized by ORS 315.616. Upon application therefor and upon a finding that the applicant is or will be providing optometry services to one or more rural communities and otherwise meets t…
442.565 [1989 c.893 §19; renumbered 442.568 in 2005]renumbered
No operative statutory text appears at this designation in the selected edition.
442.566 Certifying emergency medical services providers for tax credit
The Office of Rural Health shall establish criteria for certifying individuals who are licensed as emergency medical services providers under ORS chapter 682 as eligible for the tax credit authorized by ORS 315.622. Upon application for the credit and upon a finding that the applicant will be providing emergency medical services in one or more rural areas an…
442.568 Oregon Health and Science University to recruit persons interested in rural practice
The Oregon Health and Science University shall develop and implement a program to focus recruitment efforts on students who reside in or who are interested in practicing in rural or medically underserved areas of this state. The university shall reserve a number of admissions to each class at the medical school for qualified students who demonstrate an inte…
442.570 Primary Care Services Fund; matching funds
There is established in the State Treasury a fund, separate and distinct from the General Fund, to be known as the Primary Care Services Fund. Moneys in the Primary Care Services Fund are continuously appropriated to the Oregon Department of Administrative Services for allocation to the Office of Rural Health for investments as provided by ORS 293.701 to 293…
442.573 [2011 c.651 §2; repealed by 2015 c.829 §9]repealed
No operative statutory text appears at this designation in the selected edition.
442.574 [2011 c.651 §1; repealed by 2015 c.829 §9]repealed
No operative statutory text appears at this designation in the selected edition.
442.575 [1993 c.754 §3; repealed by 2011 c.720 §228]repealed
No operative statutory text appears at this designation in the selected edition.
442.580 [1991 c.470 §2; 2001 c.238 §1; 2009 c.326 §9; repealed by 2011 c.720 §228]repealed
No operative statutory text appears at this designation in the selected edition.
442.581 [1991 c.470 §4; 1995 c.727 §37; 1997 c.683 §31; repealed by 2011 c.720 §228]repealed
No operative statutory text appears at this designation in the selected edition.
442.582 [1991 c.470 §5; repealed by 1993 c.754 §4 (442.583 enacted in lieu of 442.582)]repealed
No operative statutory text appears at this designation in the selected edition.
442.583 [1993 c.754 §5 (enacted in lieu of 442.582); repealed by 2011 c.720 §228]repealed
No operative statutory text appears at this designation in the selected edition.
442.584 [1991 c.470 §§7,22; 2009 c.595 §1180; repealed by 2011 c.720 §228]repealed
No operative statutory text appears at this designation in the selected edition.
442.586 [1991 c.470 §8; repealed by 1995 c.727 §48]repealed
No operative statutory text appears at this designation in the selected edition.
442.588 [1993 c.754 §10; 1995 c.727 §47; repealed by 2011 c.720 §228]repealed
No operative statutory text appears at this designation in the selected edition.
442.589 [2009 c.595 §1179; repealed by 2011 c.720 §228]repealed
No operative statutory text appears at this designation in the selected edition.
442.600 [1991 c.760 §1; 1993 c.514 §1; renumbered 442.860 in 2019]renumbered
No operative statutory text appears at this designation in the selected edition.
442.601 Definitions
As used in this section and ORS 442.602: “Charity care” means free or discounted health services provided to persons who cannot afford to pay and from whom a hospital has no expectation of payment. “Charity care” does not include bad debt, contractual allowances or discounts for quick payment. “Community benefit” means a program or activity that provides t…
442.602 Community benefit reporting; rules
The Oregon Health Authority shall by rule adopt a cost-based community benefit reporting system for hospitals operating in Oregon that is consistent with established national standards for hospital reporting of community benefits. Within 90 days of filing a Medicare cost report, a hospital must submit a community benefit report to the authority of the commu…
442.610 Notice of financial assistance policies; applications
As used in this section: “Financial assistance policy” means a policy that meets the requirements of section 501(r) of the Internal Revenue Code and implementing regulations. “Hospital” has the meaning given that term in ORS 442.015. “Nonprofit” has the meaning given that term in ORS 442.612. A hospital shall have a written financial assistance policy th…
442.612 Definitions
As used in ORS 442.612 to 442.630: “Adjust” means to reduce a patient’s cost by a specified percentage. “Community benefit” has the meaning given that term in ORS 442.601. “Gross charges” means a hospital’s full, established price for medical care that the hospital consistently and uniformly charges patients before applying any contractual allowance, disc…
442.614 Requirements for financial assistance policies
A nonprofit hospital’s written financial assistance policy described in ORS 442.610 must: Provide for adjusting a patient’s costs as follows: For a patient whose household income is not more than 200 percent of the federal poverty guidelines, by 100 percent; For a patient whose household income is more than 200 percent of the federal poverty guidelines an…
442.615 Financial assistance; screening for eligibility; processing; appeals; collections; rules
As used in this section: “Financial assistance” includes: Charity care, as defined in ORS 442.601; or An adjustment to a patient’s costs for care under ORS 442.614 (1)(a). “Hospital” has the meaning given that term in ORS 442.612. Using the process prescribed by the Oregon Health Authority under subsection (3) of this section, a hospital licensed under …
442.618 Annual reports regarding health care facilities and affiliated clinics; penalties
As used in this section: “Extraordinary collection action” means actions referenced in section 501(r)(6) of the Internal Revenue Code or implementing regulations. “Health care facility” has the meaning given that term in ORS 442.015, excluding long term care facilities. “Payer type” means one or more of the following persons legally responsible for all or…
442.624 Establishment of community benefit spending floor; rules
Every two years, the Oregon Health Authority shall establish a community benefit spending floor as provided in this section based on objective data and criteria, including but not limited to the following: Historical and current expenditures on community benefits by the hospital and the hospital’s affiliated clinics. Community needs identified in the commu…
442.625 [1999 c.1056 §3; renumbered 442.870 in 2019]renumbered
No operative statutory text appears at this designation in the selected edition.
442.630 Community health needs assessment and three-year strategy; public participation
A nonprofit hospital shall post to the hospital’s website the following information regarding its community health needs assessment conducted in accordance with section 501(r)(3) of the Internal Revenue Code: A description of the health care needs identified in the hospital’s community health needs assessment; The three-year strategy developed to address t…
442.700 Definitions for ORS 442.700 to 442.760
As used in ORS 442.700 to 442.760: “Board of governors” means the governors of a cooperative program as described in ORS 442.720. “Cooperative program” means a program among two or more health care providers for the purpose of providing heart and kidney transplant services including, but not limited to, the sharing, allocation and referral of physicians, p…
442.705 Legislative findings; goals
The Legislative Assembly finds that direct competition among health care providers in the field of heart and kidney transplant services may not result in the most cost efficient and least expensive transplant services for the citizens of this state and that it is in the public interest to allow cooperative programs among health care providers providing heart…
442.710 Application for approval of cooperative program; form; content; review; modification; order
The Oregon Health and Science University and one or more entities, each of which operates at least three hospitals in a single urban area in this state, may apply to the Director of the Oregon Health Authority for approval of a cooperative program. The application shall include an executed written copy of all agreements for the cooperative program. An appli…
442.715 Authorized practices under approved cooperative program
To the extent permitted by an order issued under ORS 442.710, health care providers providing heart and kidney transplant services through a cooperative program approved under ORS 442.700 to 442.760 may engage in the following practices in order to achieve the goals described in ORS 442.705 (2): Set prices for heart and kidney transplants and all services d…
442.720 Board of governors for cooperative program
If the Director of the Oregon Health Authority issues an order approving an application for a cooperative program under ORS 442.710, the director shall establish a board of governors to govern the cooperative program. The board of governors shall not constitute, for any purpose, a governmental agency. The board of governors shall consist of the president or…
442.725 Annual report of board of governors
Not later than 60 days following each anniversary date of the approval of a cooperative program by the Director of the Oregon Health Authority, the board of governors of the cooperative program shall deliver an annual report to the director. The report shall specifically describe: How heart and kidney transplant services and related services of the cooperat…
442.730 Review and evaluation of report; modification or revocation of order of approval
The Director of the Oregon Health Authority shall review and evaluate the annual report delivered under ORS 442.725. The director shall: Determine the extent to which the cooperative program is achieving the goals identified in the order; Review the activities being conducted to achieve the goals; and Determine whether each of the activities is still nece…
442.735 Complaint procedure
Any person may file a complaint with the Director of the Oregon Health Authority requesting that a specific decision or action of a cooperative program supervised by the director be reversed or modified, or that approval for all or part of the activities permitted by the order be suspended or terminated. The complaint shall allege the reasons for the request…
442.740 Powers of director over action under cooperative program
During the review of the annual report described in ORS 442.730, after receiving a complaint under ORS 442.735, or on the director’s own initiative, the Director of the Oregon Health Authority may take one or more of the following actions: If the director determines that a particular decision or action is not in accordance with the order, or that the partie…
442.745 Disclosure of confidential information not waiver of right to protect information
If parties to a cooperative program agreement provide the Director of the Oregon Health Authority with written or oral information that is confidential or otherwise protected from disclosure under Oregon law, the disclosures shall not be considered a waiver of any right to protect the information from disclosure in other proceedings.
442.750 Status of actions under cooperative program; effect on other liability
Notwithstanding the provisions of ORS 646.705 to 646.836: A cooperative program for which approval has been granted under ORS 442.700 to 442.760 and 646.740 is a lawful program to the extent it engages in activities permitted by the order and supervised by the Director of the Oregon Health Authority and is in compliance with the order; and If the parties t…
442.755 Rules; costs; fees
The Director of the Oregon Health Authority shall adopt rules as may be necessary to carry out the provisions of ORS 442.700 to 442.760. The costs of program approval and supervision shall be paid by the parties to a cooperative program agreement and the director shall set fees for application, annual review and supervision as necessary to fund the director…
442.760 Status to contest order
Notwithstanding the provisions of ORS 183.310 (7) and 183.480, only a party to a cooperative program agreement or the Director of the Oregon Health Authority shall be entitled to a contested case hearing or judicial review of an order issued pursuant to ORS 442.700 to 442.760 and 646.740.
442.765 [2017 c.396 §1; renumbered 441.078 in 2019]renumbered
No operative statutory text appears at this designation in the selected edition.
442.800 [1999 c.494 §1; 2009 c.595 §767; renumbered 441.221 in 2013]renumbered
No operative statutory text appears at this designation in the selected edition.
442.805 [1999 c.494 §3; renumbered 441.222 in 2013]renumbered
No operative statutory text appears at this designation in the selected edition.
442.807 [1999 c.494 §4; 2001 c.900 §180; 2009 c.595 §768; 2013 c.414 §4; renumbered 441.223 in 2013]renumbered
No operative statutory text appears at this designation in the selected edition.
442.819 Definitions for ORS 442.819 to 442.851
As used in ORS 442.819 to 442.851: “Adverse event” means an objective and definable negative consequence of patient care, or the risk of an objective and definable negative consequence of patient care, that: Is unanticipated and usually preventable; and Results in or presents a risk of resulting in physical injury to the patient. “Participant” means an e…
442.820 Oregon Patient Safety Commission
The Oregon Patient Safety Commission is established as a semi-independent state agency subject to ORS 182.456 to 182.472. The commission shall exercise and carry out all powers, rights and privileges that are expressly conferred upon it, are implied by law or are incident to such powers. The mission of the commission is to improve patient safety by reducing…
442.825 Funds received by commission
The Oregon Patient Safety 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 not inconsistent with the purposes of the commission. All funds received by the commission shall be deposited in the account established pursuant to ORS 18…
442.830 Oregon Patient Safety Commission Board of Directors
There is established the Oregon Patient Safety Commission Board of Directors consisting of 17 members, including the Public Health Officer and 16 directors who shall be appointed by the Governor and who shall be confirmed by the Senate in the manner prescribed in ORS 171.562 and 171.565. Membership on the board shall reflect the diversity of facilities, pro…
442.831 Powers of board relating to Oregon Patient Safety Reporting Program; rules; confidentiality of patient safety data
Except as otherwise provided in ORS 442.819 to 442.851, the Oregon Patient Safety Commission Board of Directors, or officials of the Oregon Patient Safety Commission acting under the authority of the board, shall exercise all the powers of the commission and shall govern the commission. The board shall adopt rules necessary for the implementation of the Oreg…
442.835 Appointment of administrator
The Oregon Patient Safety Commission Board of Directors shall appoint an administrator of the Oregon Patient Safety Commission. Subject to the supervision of the board, the administrator has authority to direct the affairs of the commission. The administrator may not be a voting member of the board. Note: See note under 442.819.
442.837 Oregon Patient Safety Reporting Program
The Oregon Patient Safety Reporting Program is created in the Oregon Patient Safety Commission to establish a serious adverse event reporting system to learn from adverse events. The program shall include, but is not limited to: Reporting by participants, in a timely manner and in the form determined by the Oregon Patient Safety Commission Board of Director…
442.839 Commission as central patient safety organization
The Oregon Patient Safety Commission is the central agency in Oregon responsible for the collection of data and analyses produced by all entities in Oregon that are certified by the United States Department of Health and Human Services under 42 U.S.C. 299b-24 as patient safety organizations. The commission shall incorporate the data and analyses collected u…
442.844 Patient safety data; use; disclosure
Patient safety data reported to the Oregon Patient Safety Commission may not be disclosed to, subject to subpoena by or used by any state agency for purposes of any enforcement or regulatory action in relation to a participant. Nothing in ORS 442.819 to 442.851 may be construed to limit the regulatory or enforcement authority of any state agency and, except…
442.846 Patient safety data not admissible in civil actions
Patient safety data and reports obtained by a patient safety reporting program from participants are confidential and privileged and are not admissible in evidence in any civil action, including but not limited to a judicial, administrative, arbitration or mediation proceeding. Patient safety data, patient safety activities and reports are not subject to: C…
442.850 Fees
The Oregon Patient Safety Commission may assess fees on the entities described in ORS 442.837 (2)(a) to (f) as determined by the Oregon Patient Safety Commission Board of Directors to fund the operating costs of the Oregon Patient Safety Reporting Program. Note: See note under 442.819.
442.851 Limit on amounts collected to fund Oregon Patient Safety Reporting Program
Amounts collected by the Oregon Patient Safety Commission under ORS 442.850 may not exceed $1.5 million for the fiscal year beginning on July 1, 2007, and ending on June 30, 2008. For every fiscal year beginning on or after July 1, 2008, the dollar amount specified in subsection (1) of this section shall be adjusted annually by the commission based upon the…
442.853 Legislative findings
The Legislative Assembly finds that Oregonians should be free from infections acquired during the delivery of health care. Action taken in this state to prevent health care acquired infections should be trustworthy, effective, transparent and reliable. Note: 442.853 to 442.856 were enacted into law by the Legislative Assembly but were not added to or made a…
442.854 Definitions
As used in ORS 442.853 to 442.856: “Health care facility” has the meaning given that term in ORS 442.015. “Health care acquired infection” means a localized or systemic condition that: Results from an adverse reaction to the presence of an infectious agent or its toxin; and Was not present or incubating at the time of admission to the health care facilit…
442.855 Oregon Health Care Acquired Infection Reporting Program established; rules
There is established in the Oregon Health Authority the Oregon Health Care Acquired Infection Reporting Program. The program shall: Provide useful and credible infection measures, specific to each health care facility, to consumers; Promote quality improvement in health care facilities; and Utilize existing quality improvement efforts to the extent practi…
442.856 Health Care Acquired Infection Advisory Committee established
There is established the Health Care Acquired Infection Advisory Committee to advise the Director of the Oregon Health Authority regarding the Oregon Health Care Acquired Infection Reporting Program. The advisory committee shall consist of 16 members appointed by the director as follows: Seven of the members shall be health care providers or their designees…
442.860 Comprehensive system of maternity care
The Legislative Assembly finds and declares that: Maternity care is the cornerstone of health care delivery in the state. It provides a proven, cost-effective foundation for improving the health of all Oregonians, and a healthy start in life allows our future citizens to achieve their full potential. Although great strides have been made to improve materni…
442.870 Emergency Medical Services Enhancement Account; distribution of moneys in account
The Emergency Medical Services Enhancement Account is established separate and distinct from the General Fund. Interest earned on moneys in the account shall accrue to the account. All moneys deposited in the account are continuously appropriated to the Department of Revenue for the purposes of this section. The Department of Revenue shall distribute moneys…
442.990 [Amended by 1955 c.533 §9; repealed by 1977 c.717 §23]repealed
No operative statutory text appears at this designation in the selected edition.
442.991 Civil penalties for failure to report proposed capital projects
Any reporting entity that fails to report as required by rules of the Oregon Health Authority adopted pursuant to ORS 442.362 may be subject to a civil penalty. The authority shall adopt a schedule of penalties, not to exceed $500 per day of violation, that are based on the severity of the violation. Civil penalties imposed under this section shall be impo…
442.993 Civil penalties for failure to report health care data
The Oregon Health Authority shall adopt a schedule of civil penalties not to exceed $500 per day of violation, determined by the severity of the violation, for: Any reporting entity that fails to report as required by ORS 442.373 or rules adopted by the authority. Any provider or payer that fails to report cost growth data or to develop and implement a per…
442.994 Civil penalty for failure to perform
Any health care facility that fails to perform as required in ORS 442.602 and 442.400 to 442.463 or 442.855, and rules of the Oregon Health Authority may be subject to a civil penalty. The Oregon Health Authority shall adopt a schedule of penalties not to exceed $500 per day of violation, determined by the severity of the violation. Civil penalties under t…