Chapter 413 — Chapter 413
162 sections in this chapter.
ORS 413.236 Coordinated care organization reimbursement of emergency medical services providers. (1) ORS 682.400 is in addition to and not in lieu of the provisions of ORS 413.234 and 413.235
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(2) 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 Services. …
ORS 413.240 [1961 c.620 §30; 1969 c.203 §11; 2003 c.14 §187; repealed by 2005 c.381 §30]
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[Repealed or reserved.]
ORS 413.241 Enhanced federal match for Indian health care providers. (1) As used in this section
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(a) “Eligible claim” means a claim for reimbursement of the cost of a health care item or service that is: (A) Covered by the state medical assistance program; and (B) Within the scope of a written care coordination agreement between an Indian health care provider and a nontribal…
ORS 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. [Formerly 409.740]
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Note: See note under 413.231.
ORS 413.248 Physician Visa Waiver Program; rules; fees. (1) 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
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(2) A foreign physician who has completed a residency in the United States may apply to the authority for a recommendation for a waiver of the foreign country residency requirement in order to obtain employment in a federally designated shortage area in the state. Applications sh…
ORS 413.249 United We Heal Medicaid Payment Program established; rules. (1) 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 to enable the entities to access enhanced apprenticeship and training programs and opportunities, increased wages, health care benefits and workplace safety standards by participating in a labor-management training trust
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(2) The authority shall prescribe by rule eligibility criteria for receiving the payments consistent with the goal of the program expressed in subsection (1) of this section. (3) To participate in the program, a behavioral health care entity shall enter into a memorandum of under…
ORS 413.250 Statewide Health Improvement Program. (1) 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
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(2)(a) The authority may, subject to funding, award one or more grants to support community-based primary and secondary prevention activities focused on chronic diseases, and in line with the goals of the Statewide Health Improvement Program. (b) To receive a grant under this sub…
ORS 413.255 Cooperative research and demonstration projects for health and health care purposes. In addition to its other powers, the Oregon Health Authority may
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(1) 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: (a) Improves the lifelong health of Oregonians. (b) Aid…
ORS 413.256 Regional health equity coalitions. (1) As used in this section
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(a) “Communities of color” means members of racial or ethnic communities as prescribed by the Oregon Health Authority by rule. (b) “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 an…
ORS 413.257 Experimental, prototype health care of tomorrow. (1) 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 federal antitrust laws through the state action doctrine, the collaborative activities described in subsection (2) of this section, that might otherwise be constrained by such laws
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(2) The Director of the Oregon Health Authority shall provide a forum for individuals representing all of the vertically integrated, nonprofit health care systems in this state to participate in meaningful and open discussions and engage in a good faith collaboration to create th…
ORS 413.259 Patient centered primary care home program and behavioral health home program. (1) 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
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(a) 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 centered primary care homes and behavioral health homes in this state. In defining core attributes related …
ORS 413.260 Patient centered primary care and behavioral health home delivery models. (1) 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
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(a) Develop, test and evaluate strategies that reward enrollees in publicly funded health plans for: (A) Receiving care through patient centered primary care homes and behavioral health homes that meet the core attributes established in ORS 413.259; (B) Seeking preventative and w…
ORS 413.270 Advisory council; membership; duties. (1) 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
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(2) The council shall consult with and advise the director on: (a) Matters related to the establishment, maintenance, operation and evaluation of palliative care initiatives in this state; and (b) The implementation of ORS 413.273. (3) The members of the council must include: (a)…
ORS 413.271 Palliative care information and resources. (1) 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
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(a) Continuing educational opportunities for health care providers; (b) Information about palliative care delivery in the home and in primary, secondary and tertiary care facilities; (c) Best practices for and cultural competency in the delivery of palliative care; (d) Consumer e…
ORS 413.273 Palliative care for patients and residents of hospitals, long term care facilities and residential care facilities. (1) As used in this section and ORS 413.270 and 413.271
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(a) “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. (b) “Health facility” includes: (A) Hospitals and long term care facilities licensed under ORS 44…
ORS 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
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(1) “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. (2) “Health care…
ORS 413.301 Health Information Technology Oversight Council. (1) There is established a Health Information Technology Oversight Council within the Oregon Health Authority. The Oregon Health Policy Board shall
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(a) Determine the terms of members on the council and the organization of the council. (b) Appoint members to the council who, collectively, have expertise, knowledge or direct experience in health care delivery, health information technology, health informatics and health care q…
ORS 413.302 [2009 c.595 §1170; repealed by 2015 c.243 §9]
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[Repealed or reserved.]
ORS 413.303 Council chairperson; quorum; meetings. (1) 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
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(2) A majority of the members of the council constitutes a quorum for the transaction of business. (3) The council shall meet at least quarterly at a place, day and hour determined by the council. The council may also meet at other times and places specified by the call of the ch…
ORS 413.306 [2009 c.595 §1173; repealed by 2015 c.243 §9]
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[Repealed or reserved.]
ORS 413.308 Duties of council. The duties of the Health Information Technology Oversight Council are to
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(1) 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. (2) Regularly review and report to the b…
ORS 413.310 Oregon Health Information Technology program; fees; rules. (1) The Oregon Health Authority shall establish and maintain the Oregon Health Information Technology program to
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(a) Support the Oregon Integrated and Coordinated Health Care Delivery System established by ORS 414.570; (b) Facilitate the exchange and sharing of electronic health-related information; (c) Support improved health outcomes in this state; (d) Promote accountability and transpare…
ORS 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 jurisdiction of such board and periodically, as the director may require, to file a copy of the register at the office of the authority. Any board that is authorized or required to distribute a register described in this section may collect a fee to cover the costs of publication, such fee to be handled as other receipts of the board are handled. [Formerly 409.320]
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Note: 413.430 to 413.450 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 413.435 Administrative requirements for students in clinical training. (1) 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
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(a) State education agencies; (b) A public educational institution offering health care professional training; (c) Independent or proprietary educational institutions offering health care professional training; (d) An employer of health care professionals; and (e) The Health Care…
ORS 413.450 Continuing education in cultural competency. (1) The Oregon Health Authority shall approve continuing education opportunities relating to cultural competency
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(2) 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. (3) The continuing education opportunities may include, but need not be limited to: (a) Courses deliv…
ORS 413.500 Women, Infants and Children Program; rules; civil penalties. (1) 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
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(2) The authority shall adopt: (a) Standards and procedures to guide administration of the program by the state in conformity with federal requirements and to define the rights, responsibilities and legal procedures of program vendors; and (b) Rules necessary to implement and car…
ORS 413.520 Gambling addiction programs in Oregon Health Authority; advisory committee. (1) 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
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(2) The authority may appoint an advisory committee or designate an existing advisory committee to make recommendations to the authority concerning: (a) Performance standards and evaluation methodology; (b) Fiscal reporting and accountability; (c) Delivery of services; and (d) A …
ORS 413.522 Problem Gambling Treatment Fund. (1) 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 problems related to gambling and for the administration of the programs
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(2) The Problem Gambling Treatment Fund shall consist of: (a) The net proceeds from the Oregon State Lottery allocated to the fund under ORS 461.549; (b) Moneys appropriated to the fund by the Legislative Assembly; and (c) Interest earnings on moneys in the fund. [Formerly 409.43…
ORS 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
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(1) “Certified health care interpreter” means an individual who has been approved and certified by the Oregon Health Authority under ORS 413.558. (2) “Coordinated care organization” has the meaning given that term in ORS 414.025. (3) “Health care” means medical, surgical, oral or…
ORS 413.552 Legislative findings and policy on health care interpreters. (1) 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 delays or denials of health care services or receive health care services based on inaccurate or incomplete information
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(2) The Legislative Assembly further finds that the lack of competent health care interpreters among health care providers impedes the free flow of communication between the health care provider and patient, negatively impacting health outcomes and preventing clear and accurate c…
ORS 413.554 Oregon Council on Health Care Interpreters. (1) 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
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(a) Persons with expertise and experience in the administration of or policymaking for programs or services related to interpreters; (b) Employers or contractors of health care interpreters; (c) Health care interpreter training programs; (d) Language access service providers; and…
ORS 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
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(1) 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. (2) Do all other acts as shall be necessar…
ORS 413.558 Procedures for testing, qualifications and certification of health care interpreters; rules; fees. (1) 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
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(a) Minimum standards for qualification and certification as a health care interpreter, which may be modified as necessary, including: (A) Oral or signed language skills in English and in the language for which health care interpreter qualification or certification is granted; an…
ORS 413.559 Requirement for provider to work with health care interpreter from registry; exceptions; rules. (1) 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 doctor or clinician who is proficient in the patient’s preferred language
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(2) A health care provider who is otherwise required to work with a health care interpreter from the health care interpreter registry may work with a health care interpreter who is not listed on the health care interpreter registry only if the provider: (a) Verifies, in the manne…
ORS 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. [Formerly 409.625]
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Note: See note under 413.550.
ORS 413.561 Agencies or boards with enforcement authority. ORS 413.559 may be enforced by any means permitted under law by
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(1) A health professional regulatory board with respect to a health care provider under the jurisdiction of the board. (2) The Oregon Health Authority or the Department of Human Services with regard to health care providers or facilities regulated by the authority or the departme…
ORS 413.562 State of Oregon as employer of health care interpreters for purposes of collective bargaining only. (1) As used in this section, “health care interpreter” has the meaning given that term in ORS 413.550
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(2) 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. (3) Notwithstanding ORS 243.650 (19), health care interpreters are considered to be public employees governed by ORS 243.650 t…
ORS 413.563 Requirement for interpretation service company to use health care interpreters from registry; exceptions. (1) An interpretation service company operating in this state
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(a) 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. (b) …
ORS 413.564 Interpreter management system. (1) As used in this section and ORS 413.565
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(a) “Interpreter management system” means an online portal that meets the requirements under subsection (3) of this section. (b) “Nonprofit entity” means an organization that: (A) Is registered in this state; (B) Is exempt from taxation under section 501(c)(3) of the Internal Rev…
ORS 413.565 Health care interpreter recruitment and retention program. (1)(a) 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 the health care interpreter profession
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(b) The nonprofit entity contracting with the authority must meet, at a minimum, the following requirements and standards: (A) The ability to directly contact qualified and certified health care interpreters to fill empty appointment slots and last-minute cancellations by schedul…
ORS 413.570 Pain Management Commission; duties; staffing. (1) The Pain Management Commission is established within the Oregon Health Authority. The commission shall
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(a) Develop pain management recommendations; (b) Develop ways to improve pain management services through research, policy analysis and model projects; and (c) Represent the concerns of patients in Oregon on issues of pain management to the Governor and the Legislative Assembly. …
ORS 413.572 Additional duties of commission. (1) The Pain Management Commission shall
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(a) Develop a pain management education program curriculum for a one-hour training and update it biennially. (b) Provide health professional regulatory boards and other health boards, committees or task forces with the curriculum. (c) Work with health professional regulatory boar…
ORS 413.574 Membership of commission. (1) The Pain Management Commission shall consist of 19 members as follows
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(a) 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 inte…
ORS 413.576 Selection of chairperson and vice chairperson; requirements for commission meetings. (1) 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
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(2) A majority of the voting members of the commission constitutes a quorum for the transaction of business. (3) The commission shall meet at least once every six months at a place, day and hour determined by the director. The commission also shall meet at other times and places …
ORS 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. [Formerly 409.540]
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Note: See note under 413.570.
ORS 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 financing the duties, functions and powers of the commission. [Formerly 409.550]
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Note: See note under 413.570.
ORS 413.590 Pain management education required of certain licensed health care professionals; duties of Oregon Medical Board; rules. (1) 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
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(a) A physician associate licensed under ORS 677.505 to 677.525; (b) A nurse licensed under ORS chapter 678; (c) A psychologist licensed under ORS 675.010 to 675.150; (d) A chiropractic physician licensed under ORS chapter 684; (e) A naturopathic physician licensed under ORS chap…
ORS 413.592 [Formerly 409.565; repealed by 2015 c.70 §11]
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[Repealed or reserved.]
ORS 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. [Formerly 409.570]
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Note: See note under 413.570. TRADITIONAL HEALTH WORKERS COMMISSION
ORS 413.600 Traditional Health Workers Commission. (1) There is established within the Oregon Health Authority the Traditional Health Workers Commission
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(2) The Director of the Oregon Health Authority shall appoint the following 24 members to serve on the commission: (a) Fourteen members, of which a majority must be appointed from nominees selected by the Oregon Community Health Workers Association, who represent traditional heal…