Chapter 442 — Chapter 442
168 sections in this chapter.
ORS 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 eligibility criteria established by the office, the office shall certify individuals eligible for the tax credit authorized by ORS 315.616. [1995 c.746 §41; 1999 c.291 §34; 1999 c.459 §3; 2013 c.129 §31]
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Note: See note under 442.561.
ORS 442.563 Certifying certain individuals providing rural health care for tax credit. (1) 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
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(2) The classification of rural hospitals described in ORS 315.613 (3)(a) to (d) for purposes of determining eligibility under this section shall be the classification of the hospital in effect on January 1, 1991. [1989 c.893 §7; 1991 c.877 §19; 1995 c.746 §35; 1999 c.291 §35; 19…
ORS 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 the eligibility criteria established by the office, the office shall certify individuals eligible for the tax credit authorized by ORS 315.616. [1997 c.787 §2; 1999 c.291 §36; 1999 c.459 §5]
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Note: See note under 442.561.
ORS 442.565 [1989 c.893 §19; renumbered 442.568 in 2005]
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[Repealed or reserved.]
ORS 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 and otherwise meets the eligibility criteria established by the office, the office shall certify the individual as eligible for the tax credit authorized by ORS 315.622. [2005 c.832 §65; 2011 c.703 §41]
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Note: See note under 442.561.
ORS 442.568 Oregon Health and Science University to recruit persons interested in rural practice. (1) 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
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(2) The university shall reserve a number of admissions to each class at the medical school for qualified students who demonstrate an interest in practicing medicine in rural or medically underserved areas of this state. Once the students are admitted, the university shall suppor…
ORS 442.570 Primary Care Services Fund; matching funds. (1) 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 293.857, for expenses and payments by the office in carrying out the purposes of ORS 315.613, 315.616, 315.619, 353.450, 442.470, 442.503 and 442.561 to 442.570. Interest earned by the fund shall be credited to the fund
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(2) The office shall seek matching funds from the federal government and from communities that benefit from placement of participants under ORS 442.561 to 442.570. The office shall establish a program to enroll interested communities in this program and deposit moneys from the ma…
ORS 442.573 [2011 c.651 §2; repealed by 2015 c.829 §9]
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[Repealed or reserved.]
ORS 442.574 [2011 c.651 §1; repealed by 2015 c.829 §9]
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[Repealed or reserved.]
ORS 442.575 [1993 c.754 §3; repealed by 2011 c.720 §228]
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[Repealed or reserved.]
ORS 442.580 [1991 c.470 §2; 2001 c.238 §1; 2009 c.326 §9; repealed by 2011 c.720 §228]
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[Repealed or reserved.]
ORS 442.581 [1991 c.470 §4; 1995 c.727 §37; 1997 c.683 §31; repealed by 2011 c.720 §228]
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[Repealed or reserved.]
ORS 442.582 [1991 c.470 §5; repealed by 1993 c.754 §4 (442.583 enacted in lieu of 442.582)]
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[Repealed or reserved.]
ORS 442.583 [1993 c.754 §5 (enacted in lieu of 442.582); repealed by 2011 c.720 §228]
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[Repealed or reserved.]
ORS 442.584 [1991 c.470 §§7,22; 2009 c.595 §1180; repealed by 2011 c.720 §228]
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[Repealed or reserved.]
ORS 442.586 [1991 c.470 §8; repealed by 1995 c.727 §48]
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[Repealed or reserved.]
ORS 442.588 [1993 c.754 §10; 1995 c.727 §47; repealed by 2011 c.720 §228]
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[Repealed or reserved.]
ORS 442.589 [2009 c.595 §1179; repealed by 2011 c.720 §228]
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[Repealed or reserved.]
ORS 442.600 [1991 c.760 §1; 1993 c.514 §1; renumbered 442.860 in 2019]
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COMMUNITY BENEFITS (Community Benefit Reporting)
ORS 442.601 Definitions. As used in this section and ORS 442.602
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(1) “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. (2) “Community benefit…
ORS 442.602 Community benefit reporting; rules. (1) 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
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(2) Within 90 days of filing a Medicare cost report, a hospital must submit a community benefit report to the authority of the community benefits provided by the hospital, on a form prescribed by the authority. (3) The authority shall produce an annual report of the information p…
ORS 442.610 Notice of financial assistance policies; applications. (1) As used in this section
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(a) “Financial assistance policy” means a policy that meets the requirements of section 501(r) of the Internal Revenue Code and implementing regulations. (b) “Hospital” has the meaning given that term in ORS 442.015. (c) “Nonprofit” has the meaning given that term in ORS 442.612.…
ORS 442.612 Definitions. As used in ORS 442.612 to 442.630
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(1) “Adjust” means to reduce a patient’s cost by a specified percentage. (2) “Community benefit” has the meaning given that term in ORS 442.601. (3) “Gross charges” means a hospital’s full, established price for medical care that the hospital consistently and uniformly charges pa…
ORS 442.614 Requirements for financial assistance policies. (1) A nonprofit hospital’s written financial assistance policy described in ORS 442.610 must
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(a) Provide for adjusting a patient’s costs as follows: (A) For a patient whose household income is not more than 200 percent of the federal poverty guidelines, by 100 percent; (B) For a patient whose household income is more than 200 percent of the federal poverty guidelines and…
ORS 442.615 Financial assistance; screening for eligibility; processing; appeals; collections; rules. (1) As used in this section
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(a) “Financial assistance” includes: (A) Charity care, as defined in ORS 442.601; or (B) An adjustment to a patient’s costs for care under ORS 442.614 (1)(a). (b) “Hospital” has the meaning given that term in ORS 442.612. (2) Using the process prescribed by the Oregon Health Auth…
ORS 442.618 Annual reports regarding health care facilities and affiliated clinics; penalties. (1) As used in this section
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(a) “Extraordinary collection action” means actions referenced in section 501(r)(6) of the Internal Revenue Code or implementing regulations. (b) “Health care facility” has the meaning given that term in ORS 442.015, excluding long term care facilities. (c) “Payer type” means one…
ORS 442.624 Establishment of community benefit spending floor; rules. (1) 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
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(a) Historical and current expenditures on community benefits by the hospital and the hospital’s affiliated clinics. (b) Community needs identified in the community needs assessment conducted by the hospital in accordance with section 501(r)(3) of the Internal Revenue Code, and c…
ORS 442.625 [1999 c.1056 §3; renumbered 442.870 in 2019]
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(Community Health Needs)
ORS 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
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(1) A description of the health care needs identified in the hospital’s community health needs assessment; (2) The three-year strategy developed to address the health care needs of the community; (3) Annual progress on the implementation of the strategy; and (4) Opportunities for…
ORS 442.700 Definitions for ORS 442.700 to 442.760. As used in ORS 442.700 to 442.760
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(1) “Board of governors” means the governors of a cooperative program as described in ORS 442.720. (2) “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, th…
ORS 442.705 Legislative findings; goals. (1) 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 and kidney transplant services
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(2) The Legislative Assembly declares that, to the extent provided in ORS 442.700 to 442.760, it is the policy and intent of this state to displace competition among health care providers providing heart and kidney transplant services by allowing health care providers to enter in…
ORS 442.710 Application for approval of cooperative program; form; content; review; modification; order. (1) 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
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(2) An application for approval of a cooperative program shall be made in the form and manner and shall set forth any information regarding the proposed cooperative program that the director may prescribe. The information shall include, but not be limited to: (a) A list of the na…
ORS 442.715 Authorized practices under approved cooperative program. (1) 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)
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(a) Set prices for heart and kidney transplants and all services directly related to heart and kidney transplants; (b) Refuse to deal with competitors in the heart and kidney transplant market; (c) Allocate product, service, geographic and patient markets directly relating to hea…
ORS 442.720 Board of governors for cooperative program. (1) 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
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(2) The board of governors shall consist of the president or other chief executive officer of each health care provider that is a party to the cooperative program agreement and the director or a designee of the director. The designee shall serve at the pleasure of the director. T…
ORS 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
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(1) How heart and kidney transplant services and related services of the cooperative program are being provided in accordance with the order; (2) Which of the goals identified in the order are being achieved and to what extent; and (3) Any substantial changes in the cooperative p…
ORS 442.730 Review and evaluation of report; modification or revocation of order of approval. (1) The Director of the Oregon Health Authority shall review and evaluate the annual report delivered under ORS 442.725. The director shall
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(a) Determine the extent to which the cooperative program is achieving the goals identified in the order; (b) Review the activities being conducted to achieve the goals; and (c) Determine whether each of the activities is still necessary and appropriate to achieve the goals. (2) …
ORS 442.735 Complaint procedure. (1) 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 requested action and shall include any evidence relating to the complaint
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(2) The director on the director’s own initiative may at any time request information from the board of governors concerning the activities of the cooperative program to determine whether the cooperative program is in compliance with the order. [1993 c.769 §8; 2009 c.595 §761]
ORS 442.740 Powers of director over action under cooperative program. (1) 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
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(a) If the director determines that a particular decision or action is not in accordance with the order, or that the parties are engaging in anticompetitive activity not permitted by the order, the director may direct the board of governors to identify and implement corrective ac…
ORS 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. [1993 c.769 §10; 2009 c.595 §763]
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[Repealed or reserved.]
ORS 442.750 Status of actions under cooperative program; effect on other liability. (1) Notwithstanding the provisions of ORS 646.705 to 646.836
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(a) 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 ord…
ORS 442.755 Rules; costs; fees. (1) 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
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(2) 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’s supervision of the program. [1993 c.769 §12; 2009 c…
ORS 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. [1993 c.769 §13; 2003 c.75 §92; 2009 c.595 §766]
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[Repealed or reserved.]
ORS 442.765 [2017 c.396 §1; renumbered 441.078 in 2019]
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[Repealed or reserved.]
ORS 442.800 [1999 c.494 §1; 2009 c.595 §767; renumbered 441.221 in 2013]
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[Repealed or reserved.]
ORS 442.805 [1999 c.494 §3; renumbered 441.222 in 2013]
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[Repealed or reserved.]
ORS 442.807 [1999 c.494 §4; 2001 c.900 §180; 2009 c.595 §768; 2013 c.414 §4; renumbered 441.223 in 2013]
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OREGON PATIENT SAFETY COMMISSION
ORS 442.819 Definitions for ORS 442.819 to 442.851. As used in ORS 442.819 to 442.851
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(1) “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: (a) Is unanticipated and usually preventable; and (b) Results in or presents a risk of resulting in phy…
ORS 442.820 Oregon Patient Safety Commission. (1) 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
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(2) The mission of the commission is to improve patient safety by reducing the risk of adverse events occurring in Oregon’s health care system and by encouraging a culture of patient safety in Oregon. To accomplish this mission, the commission shall: (a) Establish a confidential,…
ORS 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 182.470. The commission may apply for grants and foundation support and may compete for contracts consistent with the mission and goals of the commission. [2003 c.686 §3]
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Note: See note under 442.819.
ORS 442.830 Oregon Patient Safety Commission Board of Directors. (1) 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
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(2) Membership on the board shall reflect the diversity of facilities, providers, insurers, purchasers and consumers that are involved in patient safety. Directors shall demonstrate interest, knowledge or experience in the area of patient safety. (3) The membership of the board s…