Oregon Administrative Code

333-540-0010 Definitions As used in this division, the following definitions apply: (1) “Abuse”: (a) As it applies to an adult, includes but is not limited to: (A) Any physical injury caused by other than accidental means, or that appears to be at variance with the explanation gi…

333-540-0015 Application for Caregiver Registry License; Renewal (1) A person may not establish, conduct or maintain a caregiver registry, or represent to the public that the person is a caregiver registry, without first obtaining a caregiver registry license from the Division. (…

333-540-0020 Licensure Fees (1) The fee for a new caregiver registry license is $1,500, plus an additional $750 for each subunit. (2) The fee for renewal of a caregiver registry license is $750, plus $750 for each additional subunit. (3) If the ownership of a caregiver registry c…

333-540-0025 Caregiver Registry Organization, Administration, and Personnel (1) A caregiver registry shall have written policies and procedures that include but are not limited to: (a) The organization of the Registry; (b) Services provided by the Registry; (c) The relationship b…

333-540-0030 Requirements for Placement on Caregiver Registry; Continuing Education (1) In order to be placed on a caregiver registry a caregiver must be at least 18 years of age and have sufficient communication and language skills to enable them to perform their duties and inte…

333-540-0035 Criminal Background Checks (1) A caregiver registry shall, prior to placing a caregiver on its registry, conduct or arrange for a criminal background check through the Oregon state police or a private vendor. (2) If the criminal background check or other information …

333-540-0040 Caregiver Registry Records (1) A caregiver registry shall: (a) Keep records for each caregiver placed on the registry including, but not limited to: (A) Documentation of the required criminal background check; (B) Documentation of satisfactory references; (C) Documen…

333-540-0045 Caregiver Registry Disclosure Statements (1) A caregiver registry shall provide a disclosure statement to: (a) A caregiver, prior to placing a caregiver on the registry; and (b) To a client who intends to hire a caregiver from the caregiver registry, as soon as a car…

333-540-0050 Complaints (1) Any person may make a complaint verbally or in writing to the Division regarding an allegation against a caregiver registry of a violation of law applicable to a caregiver registry. (2) The identity of a person making a complaint will be kept confident…

333-540-0055 Investigations (1) As soon as practicable after receiving a complaint, taking into consideration the nature of the complaint, Division staff will begin an investigation. (2) A caregiver registry shall permit Division staff access to the caregiver registry place of bu…

333-540-0060 Surveys (1) The Division shall, in addition to any investigations conducted under OAR 333-540-0055, conduct at least one general survey of each caregiver registry to determine compliance with caregiver registry laws every three years and at such other times as the Di…

333-540-0065 Violations In addition to non-compliance with any law that governs a caregiver registry, it is a violation to: (1) Refuse to cooperate with an investigation or survey, including but not limited to failure to permit Division staff access to the caregiver registry plac…

333-540-0070 Informal Enforcement (1) If, during an investigation or survey Division staff document violations of a law governing a caregiver registry, the Division may issue a statement of deficiencies that cites the law alleged to have been violated and the facts supporting the…

333-540-0075 Formal Enforcement (1) If, during an investigation or survey, Division staff document a failure to comply with caregiver registry laws, the Division may issue a Notice of Proposed Suspension or Notice of Proposed Revocation in accordance with ORS 183.411 through 183.…

333-540-0080 Civil Penalties (1) A caregiver registry that violates caregiver registry laws, including OAR 333-540-0065 (violations), is subject to the imposition of a civil penalty not to exceed $1,000 per violation and may not total more than $2,000. (2) In determining the amou…

333-540-0085 Return of Agency License A caregiver registry shall return its license to the Division immediately if the registry: (1) Voluntarily decides to stop operating a registry; (2) Has its license suspended or revoked; or (3) Fails to renew its license. Statutory/Other Auth…

333-540-0090 Applicability of Rules (1) A caregiver registry already in operation on July 1, 2010 shall apply to the Division for a license and pay the applicable fee by August 1, 2010. (2) The Division shall allow a caregiver registry already in operation on July 1, 2010, three …

333-545-0000 Purpose of Certificate of Need (1) ORS Chapter 442 establishes state planning for health services and facilities in light of the following findings and in furtherance of health planning policies of the state as established through legislative and executive agency act…

333-545-0010 Purpose and Applicability of Rules (1) OAR 333-545 through 670 establish procedures for the certificate of need program. (2) OAR 333-545 through 670 apply to the division and persons subject to provisions of the certificate of need law. (3) The authority for OAR 333-…

333-545-0020 Definitions As used in OAR 333-545 through 670 unless the context requires otherwise: (1) “Adjusted Admission” means the sum of all inpatient admissions divided by the ratio of inpatient revenues to total patient revenues. (2) “Administrator” means the administrator …

333-550-0000 Categories that Are “Subject” or “Exempt” (1) Any person not excluded under section (2) or (3) of this rule, or not excluded pursuant to ORS 441.065, that proposes to offer or develop a new hospital, as defined in ORS 442.015(17) and OAR 333-550-0010(2) or offer or d…

333-550-0010 Health Services Subject to Review (1) Pursuant to ORS 442.315(1), a certificate of need must be obtained from the division prior to the offering or development of any new hospital or new skilled nursing or intermediate care service or facility, other than a facility,…

333-555-0000 Letters of Intent, Required (1) Pursuant to ORS 442.315(2), all applicants for a certificate of need shall submit a letter of intent. Such letter of intent shall be filed prior to implementing any part of the project. In cases in which more than one party is potentia…

333-555-0010 Letters of Intent, Filing Periods (1) Applicants may submit letters of intent at any time during the calendar year. (2) Applications which are ruled subject to full review under OAR 333-555-0030(1) may not be filed sooner than the first day of the month following the…

333-555-0020 Letters of Intent, Application Form (1) The contents of the letter of intent shall provide sufficient information to support necessary rulings by the division. The division shall determine, from the letter of intent, whether or not the proposed project is subject to …

333-555-0030 Letters of Intent, Notification (1) As soon as possible after receiving and reviewing a letter of intent, the division shall send copies of the letter of intent to any persons known to the division as offering similar services to residents of the area which would be …

333-560-0010 Abbreviated Certificate of Need Review for Specific Projects The following types of projects are eligible for abbreviated review: (1) The establishment of new health services or new facilities which, based on documentation submitted by the applicant and found accepta…

333-560-0020 Procedures for Abbreviated Review (1) Abbreviated review may be granted by the division either upon request by the applicant or on the division’s own initiative. Decisions to grant or to not grant abbreviated review shall be based on a letter of intent which has been…

333-560-0030 Delayed or Simultaneous Review (1) An applicant who has submitted a letter of intent may request the division to delay consideration of an application for the purpose of simultaneous review. The division may, on its own initiative, delay consideration of an applicati…

333-560-0100 Facility Waiver Limitations A certificate of need facility waiver does not authorize a hospital to develop a new inpatient hospital facility or provide new long-term care services. Statutory/Other Authority: ORS 431.120(6), 442.315 & 442.342 Statutes/Other Implemente…

333-560-0110 Expedited Review for Relocation or Replacement of Long-Term Care Beds Under certain circumstances, the Public Health Division may approve relocation or replacement of existing long-term care beds under the expedited review process set forth in this rule and OAR 333-5…

333-560-0120 Procedures for Expedited Review (1) The expedited review process shall be initiated upon the written request of the applicant, payment of the fee specified in OAR 333-565-0000(4), and submission of four copies of the completed forms and narrative discussion identifie…

333-560-0130 Expedited Review for Relocation of Long-Term Care Beds to Hospitals (1) Under certain circumstances, the Public Health Division may approve relocation of existing long-term care beds to a hospital-based setting under the expedited review process set forth in this rul…

333-560-0140 Accelerated Certificate of Need Review for Specific Projects The following types of projects are eligible for accelerated review: The development of a “new hospital” as that term is defined in OAR 333-550-0010(2) when all of the following conditions are met: (1) The …

333-560-0150 Procedures for Accelerated Review (1) The accelerated review process will be initiated upon the written request of the applicant and payment of the fee specified in OAR 333-565-0000(4). Decisions to grant or not to grant accelerated review will be based on a letter o…

333-565-0000 Fees, Application for Certificate of Need (1) The Public Health Division sets application fees for certificates of need (checks shall be payable to the Public Health Division). (2) The application fees shall not be waived, except in the case of projects which are int…

333-565-0010 Civil Penalties (1) The Public Health Division may impose civil penalties upon any person who violates ORS 442.315 through 442.347, any rule promulgated thereunder, or any order issued by the Division under this authority, including the violation of any condition set…

333-570-0010 Submission of Certificate of Need Application After the letter of intent is properly filed and the waiting period determined under OAR 333-555-0010 has elapsed, an applicant which is not eligible for abbreviated review shall submit to the division: (1) Four completed…

333-570-0020 Initial Review of Application (1) After receiving the application and fee, the division shall notify the applicant in writing not later than 15 days after receipt by the division of the application and fee that: (a) The application is complete; (b) The application is…

333-570-0030 Notice (1) After determining an application complete, the division shall provide by direct mailing written notification to the following that the application is complete: (a) The applicant; (b) Any health care facilities and HMOs located in the service area which pro…

333-570-0040 Additional Information Following receipt of a complete certificate of need application, the division may request or accept additional information only if such information is necessary for the division to make an equitable and informed decision through application of …

333-570-0050 Modification to Application (1) An applicant may withdraw its certificate of need application from review at any time. (2) An applicant may amend its application provided that such amendments are received not later than 45 days following submission of a complete appl…

333-570-0060 Public Meeting (1) Any person affected by an application which is not subject to abbreviated review may request the division to hold a public meeting and, if the request is timely, the division shall hold such a meeting. The purpose of the public meeting is to discus…

333-570-0070 Decision on Approval or Denial of Application (1) Within 90 days of a written declaration by the division of a complete application not eligible for abbreviated review, unless time is extended pursuant to subsection (c) of this section or OAR 333-560-0030, the divisi…

333-570-0080 Reports of Reviews Being Conducted At least annually, the division shall prepare reports of reviews being conducted, the status of each review being conducted, reviews completed since the last such report, and a general statement of the findings and decision made for…

333-575-0000 Monitoring of Implementation, Completion and Project Changes Subsequent to Approval (1) The Public Health Division shall require reporting by the applicant necessary and sufficient to monitor the project to assure that it conforms to the certificate of need as issued…

333-575-0010 Financial Reporting Requirements Applicants are subject to the following financial policy and reporting requirements following approval of a certificate of need application, when these reporting requirements have not been met during the review process itself. The app…

333-580-0000 General Instructions All applications must be completed in accordance with the instructions contained in this division. Only those parts which are pertinent and appropriate to the proposed project need be completed, but when a particular criterion or section is not a…

333-580-0010 Application Format The application should be presented in four sections: (1) Section A — Introduction; (2) Section B — Narrative discussion addressing the proposal’s relationship to the statutory certificate of need review criteria as defined in OAR 333-580-0040 thro…

333-580-0020 Section A — Introduction The applicant shall provide a short introductory narrative of the proposal outlining the major aspects of the proposal. Statutory/Other Authority: ORS 431.120(6) & 442.315 Statutes/Other Implemented: ORS 431.120(6) & 442.315 History: HD 13-19…