Chapter 413 — Chapter 413
162 sections in this chapter.
ORS 413.005 [Formerly 413.010; 1965 c.556 §21; 1973 c.651 §7; 2003 c.14 §184; repealed by 2005 c.381 §30]
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OREGON HEALTH POLICY BOARD
ORS 413.006 Establishment of Oregon Health Policy Board. (1) There is established the Oregon Health Policy Board, consisting of nine members appointed by the Governor
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(2) 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 eligible for reappointment. I…
ORS 413.007 Composition of board. (1) The Oregon Health Policy Board consists of individuals who
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(a) Are United States citizens and residents of this state; (b) Have demonstrated leadership skills in their professional and civic lives; (c) To the greatest extent practicable, represent the various geographic, ethnic, gender, racial and economic diversity of this state; and (d…
ORS 413.008 Chairperson; quorum; meetings. (1) The Governor shall select from the membership of the Oregon Health Policy Board the chairperson and vice chairperson
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(2) A majority of the members of the board constitutes a quorum for the transaction of business. (3) 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 place, day and hour determined by th…
ORS 413.009 [Formerly 413.020; 1965 c.556 §22; 1967 c.204 §2; 1969 c.468 §4; 1973 c.651 §8; repealed by 2005 c.381 §30]
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[Repealed or reserved.]
ORS 413.010 [Amended by 1961 c.620 §9; renumbered 413.005]
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[Repealed or reserved.]
ORS 413.011 Duties of board. (1) The duties of the Oregon Health Policy Board are to
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(a) 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. (b) Develop and submit a plan to the Legislative Assembly to provide and fund access to affordable, quality health care for al…
ORS 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. [2009 c.595 §6]
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[Repealed or reserved.]
ORS 413.015 [Formerly 413.030; repealed by 1969 c.69 §8]
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[Repealed or reserved.]
ORS 413.016 Authority of board to establish advisory and technical committees. (1) 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 appoint the members of the committees
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(2) Members of the committees who are not members of the board are not entitled to compensation, but at the discretion of the board may be reimbursed from funds available to the board for actual and necessary travel and other expenses incurred by them in the performance of their …
ORS 413.017 Public Health Benefit Purchasers Committee, Health Care Workforce Committee, Health Plan Quality Metrics Committee and Behavioral Health Committee; rules. (1) The Oregon Health Policy Board shall establish the committees described in subsections (2) to (5) of this section
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(2)(a) The Public Health Benefit Purchasers Committee shall include individuals who purchase health care for the following: (A) The Public Employees’ Benefit Board. (B) The Oregon Educators Benefit Board. (C) Trustees of the Public Employees Retirement System. (D) A city governme…
ORS 413.018 [2009 c.595 §7a; repealed by 2015 c.829 §8]
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[Repealed or reserved.]
ORS 413.019 [Formerly 413.040; 1967 c.116 §2; repealed by 2005 c.381 §30]
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[Repealed or reserved.]
ORS 413.020 [Renumbered 413.009]
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[Repealed or reserved.]
ORS 413.022 Metrics and scoring subcommittee; identification of health outcome and quality measures and benchmarks. (1) As used in this section
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(a) “Downstream health outcome and quality measures” means: (A) 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 (B) If the sets of core quality …
ORS 413.025 [Formerly 413.150; 1969 c.69 §6; repealed by 1981 c.784 §38]
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[Repealed or reserved.]
ORS 413.029 [Formerly 413.190; repealed by 2005 c.381 §30]
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[Repealed or reserved.]
ORS 413.030 [Amended by 1961 c.620 §10; renumbered 413.015]
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[Repealed or reserved.]
ORS 413.031 [2009 c.595 §18; renumbered 413.101 in 2011]
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OREGON HEALTH AUTHORITY
ORS 413.032 Establishment of Oregon Health Authority. (1) The Oregon Health Authority is established. The authority shall
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(a) Carry out policies adopted by the Oregon Health Policy Board; (b) 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; (c) Administer the Oregon Prescription Drug Progra…
ORS 413.033 Oregon Health Authority director. (1) 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
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(2) 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 in the manner provided by ORS 171.562 and 171.565. (3) In addition to the procure…
ORS 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. [2009 c.595 §13]
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[Repealed or reserved.]
ORS 413.035 [Formerly 413.211; repealed by 1973 c.651 §11]
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[Repealed or reserved.]
ORS 413.036 Use of abuse and neglect reports for screening subject individuals; rules. (1) As used in this section
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(a) “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. (b) “Subject individual” means a person who is: (A) …
ORS 413.037 Administering oaths; depositions; subpoenas. (1) 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, 415.501 and 741.340
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(2) If any person fails to comply with a subpoena issued under this section or refuses to testify on matters on which the person lawfully may be interrogated, the director, deputy director or authorized representative may follow the procedure set out in ORS 183.440 to compel obed…
ORS 413.038 Service of notice by regular mail. (1) 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
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(2) Except as provided in subsection (3) of this section, a contested case notice served in accordance with subsection (1) of this section that complies with ORS 183.415 but for service by regular or electronic mail becomes a final order against a party and is not subject to ORS …
ORS 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]
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[Repealed or reserved.]
ORS 413.040 [Amended by 1961 c.620 §11; renumbered 413.019]
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[Repealed or reserved.]
ORS 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. [2011 c.720 §44; 2015 c.7 §10]
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Note: 413.041 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 413 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 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. [2009 c.595 §14]
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[Repealed or reserved.]
ORS 413.045 [1961 c.620 §22; 1963 c.609 §5; repealed by 1965 c.556 §28 and 1969 c.203 §13]
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[Repealed or reserved.]
ORS 413.046 Right to courteous, fair and dignified treatment; grievances. (1) 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
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(2) 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 inadequate information regarding medical assistance programs may file a grievance with the authority. …
ORS 413.047 [1963 c.609 §2; repealed by 1965 c.556 §28 and 1969 c.203 §13]
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[Repealed or reserved.]
ORS 413.049 [1961 c.620 §11b; repealed by 1963 c.609 §6]
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[Repealed or reserved.]
ORS 413.050 [Amended by 1961 c.620 §12; renumbered 413.068]
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[Repealed or reserved.]
ORS 413.052 [1963 c.609 §3; 1965 c.556 §24; repealed by 1965 c.556 §28; and 1969 c.203 §13]
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[Repealed or reserved.]
ORS 413.055 [1961 c.620 §25; repealed by 1965 c.556 §28 and 1969 c.203 §13]
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[Repealed or reserved.]
ORS 413.059 [1961 c.620 §§27,28; repealed by 1965 c.556 §28 and 1969 c.203 §13]
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[Repealed or reserved.]
ORS 413.060 [Repealed by 1961 c.171 §4]
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[Repealed or reserved.]
ORS 413.061 [1963 c.609 §9(4); repealed by 1969 c.203 §13]
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[Repealed or reserved.]
ORS 413.063 [1963 c.609 §9(1),(2),(3); repealed by 1969 c.203 §13]
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[Repealed or reserved.]
ORS 413.064 [2009 c.595 §16; 2011 c.720 §127; renumbered 741.340 in 2011]
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[Repealed or reserved.]
ORS 413.065 [1961 c.620 §29; repealed by 1963 c.609 §6]
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[Repealed or reserved.]
ORS 413.066 [1963 c.609 §8; repealed by 1969 c.203 §13]
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[Repealed or reserved.]
ORS 413.068 [Formerly 413.050; 1969 c.203 §3; 1971 c.779 §38; repealed by 2005 c.381 §30]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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. [2011 c.720 §36]
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Note: 413.071 and 413.072 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 413 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 413.072 Public process required if waiver of federal requirement involves policy change. (1) 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 adversely and substantially affect the interest of medical assistance recipients
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(2) The Oregon Health Authority may submit applications for waiver of federal statutory or regulatory requirements to the federal government or any agency of the federal government. Prior to the submission of any application for waiver that involves a policy change, and prior to …
ORS 413.075 [2009 c.595 §26; renumbered 741.381 in 2011]
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[Repealed or reserved.]
ORS 413.080 [Repealed by 1969 c.597 §281]
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[Repealed or reserved.]