168 sections in this chapter.
ORS 442.005 [1955 c.533 §2; 1973 c.754 §1; repealed by 1977 c.717 §23]
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[Repealed or reserved.]
ORS 442.010 [Amended by 1955 c.533 §3; 1971 c.650 §20; repealed by 1977 c.717 §23]
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HEALTH POLICY
ORS 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 with complex public policy and fiscal aspects such as those involved in the medical assistance program. [1993 c.725 §33; 1997 c.683 §16; 2001 c.69 §1; 2003 c.784 §5; 2007 c.697 §§14,15; 2009 c.595 §§747,748; 2011 c.720 §197; 2017 c.384 §2]
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[Repealed or reserved.]
ORS 442.015 Definitions. As used in ORS chapter 441 and this chapter, unless the context requires otherwise
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(1) “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 in…
ORS 442.020 [Amended by 1955 c.533 §4; 1973 c.754 §2; repealed by 1977 c.717 §23]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 442.030 [Amended by 1955 c.533 §5; 1961 c.316 §8; 1967 c.89 §4; repealed by 1977 c.717 §23]
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[Repealed or reserved.]
ORS 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c.482 §3; 1985 c.747 §4; 1987 c.660 §1; 1995 c.727 §20; 1997 c.683 §17; 2001 c.280 §1; 2003 c.784 §1; 2005 c.771 §2; repealed by 2009 c.595 §1204]
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[Repealed or reserved.]
ORS 442.040 [Amended by 1955 c.533 §6; 1973 c.754 §3; repealed by 1977 c.717 §23]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 442.053 [1955 c.533 §7; 1973 c.754 §5; repealed by 1977 c.717 §23]
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[Repealed or reserved.]
ORS 442.055 [1955 c.533 §8; repealed by 1973 c.754 §8]
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[Repealed or reserved.]
ORS 442.057 [1977 c.751 §15; 1981 c.693 §5; 2003 c.784 §4; repealed by 2009 c.595 §1204]
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[Repealed or reserved.]
ORS 442.060 [Amended by 1963 c.92 §1; repealed by 1977 c.717 §23]
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[Repealed or reserved.]
ORS 442.070 [Amended by 1961 c.316 §9; 1967 c.89 §5; repealed by 1971 c.734 §21]
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[Repealed or reserved.]
ORS 442.075 [1971 c.734 §58; repealed by 1973 c.754 §6 (442.076 enacted in lieu of 442.075)]
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[Repealed or reserved.]
ORS 442.076 [1973 c.754 §7 (enacted in lieu of 442.075); repealed by 1977 c.717 §23]
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[Repealed or reserved.]
ORS 442.080 [Repealed by 1977 c.717 §23]
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[Repealed or reserved.]
ORS 442.085 [1977 c.751 §5; 1981 c.693 §6; repealed by 1987 c.660 §40]
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[Repealed or reserved.]
ORS 442.090 [Repealed by 1955 c.533 §10]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 442.100 [1977 c.751 §7; repealed by 1981 c.693 §31]
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[Repealed or reserved.]
ORS 442.105 [1977 c.751 §38; 1981 c.693 §8; 1983 c.482 §6; repealed by 1987 c.660 §40]
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[Repealed or reserved.]
ORS 442.110 [Formerly 431.250 (3), (4); repealed by 1987 c.660 §40]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 442.150 [1977 c.751 §10; repealed by 1987 c.660 §40]
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[Repealed or reserved.]
ORS 442.155 [1977 c.751 §11; 1983 c.482 §7; 1985 c.747 §6; repealed by 1987 c.660 §40]
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[Repealed or reserved.]
ORS 442.160 [1977 c.751 §12; repealed by 1987 c.660 §40]
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[Repealed or reserved.]
ORS 442.165 [1977 c.751 §13; 1981 c.693 §9; repealed by 1983 c.482 §23]
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[Repealed or reserved.]
ORS 442.170 [1977 c.751 §14; repealed by 1983 c.482 §23]
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[Repealed or reserved.]
ORS 442.200 [2007 c.384 §2; 2019 c.497 §10; renumbered 442.601 in 2019]
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[Repealed or reserved.]
ORS 442.205 [2007 c.384 §3; 2011 c.545 §56; 2015 c.318 §28; renumbered 442.602 in 2019]
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[Repealed or reserved.]
ORS 442.210 [2009 c.595 §1163; 2015 c.318 §29; 2015 c.798 §8; renumbered 413.259 in 2015]
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[Repealed or reserved.]
ORS 442.300 [Formerly 441.010; repealed by 1981 c.693 §31]
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CERTIFICATES OF NEED FOR HEALTH SERVICES
ORS 442.310 Findings and policy. (1) 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
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(2) Problems preventing the priority in subsection (1) of this section from being attained include: (a) The inability of many citizens to pay for necessary health care, being covered neither by private insurance nor by publicly funded programs such as Medicare and Medicaid; (b) R…
ORS 442.315 Certificate of need; rules; fees; appeals; enforcement; exceptions. (1) 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
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(2) The authority shall adopt rules specifying criteria and procedures for making decisions as to the need for the new services or facilities. (3)(a) An applicant for a certificate of need shall apply to the authority on forms provided for this purpose by authority rule. (b) An a…
ORS 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]
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[Repealed or reserved.]
ORS 442.325 Certificate of need for health care facility of health maintenance organization; exempt activities; policy relating to health maintenance organizations. (1) A certificate of need shall be required for the development or establishment of a health care facility of any new health maintenance organization
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(2) 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 providers, shall be exempt from certificate of need review. (3) …
ORS 442.330 [Formerly 441.092; 1979 c.697 §5; repealed by 1981 c.693 §31]
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[Repealed or reserved.]
ORS 442.335 [1977 c.751 §8; 1981 c.693 §12; 1983 c.482 §9; 1987 c.660 §7; repealed by 1989 c.1034 §11]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 442.342 Waiver of requirements; rules; penalties. (1) 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 succeeding fiscal year thereafter, the percentage of qualified inpatient revenue is not less than that described in subsection (2) of this section
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(2)(a) The percentage of qualified inpatient revenue for the first year in which a hospital is granted a waiver under subsection (1) of this section may not be less than 60 percent. (b) The percentage in paragraph (a) of this subsection shall be increased by five percentage point…
ORS 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. [1987 c.723 §1]
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Note: 442.344 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 legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 442.345 [1977 c.751 §33; 1981 c.693 §14; 1985 c.747 §36; repealed by 1989 c.1034 §11]
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[Repealed or reserved.]
ORS 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. [1993 c.722 §4]
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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 legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 442.350 [Formerly 441.140; repealed by 1989 c.1034 §11]
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[Repealed or reserved.]
ORS 442.355 [1983 c.482 §12; 1985 c.747 §14; renumbered 442.120]
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[Repealed or reserved.]
ORS 442.360 [1977 c.751 §9; 1979 c.697 §7; 1981 c.693 §25; 1985 c.747 §37; repealed by 1989 c.1034 §11]
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REPORTING OF PROPOSED CAPITAL PROJECTS
ORS 442.361 Definitions for ORS 442.361, 442.362 and 442.991. As used in this section and ORS 442.362 and 442.991
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(1)(a) “Capital project” means: (A) The construction, development, purchase, renovation or any construction expenditure by or on behalf of a reporting entity, for which the cost: (i) For type A hospitals, exceeds five percent of gross revenue. (ii) For type B hospitals, exceeds f…