Chapter 442 — Chapter 442
168 sections in this chapter.
ORS 442.362 Reporting of proposed capital projects by hospitals and ambulatory surgical centers. The Oregon Health Authority may adopt rules requiring reporting entities within the state to publicly report proposed capital projects. Rules adopted under this section must
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(1) Require a reporting entity to establish on the home page of its website a prominently labeled link to information about proposed or pending capital projects. The information posted must include but is not limited to a report of the community benefit for the project, its estim…
ORS 442.370 Ambulatory surgery and inpatient discharge abstract records; rules; fees. (1) In order to provide data essential for health planning programs
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(a) The Oregon Health Authority shall obtain directly from each hospital licensed to operate in this state, or from a third party working on behalf of or by contract with the hospital, the following information prescribed by the authority by rule: (A) Ambulatory surgery discharge…
ORS 442.372 Definitions for ORS 442.372 and 442.373. As used in this section and ORS 442.373, “reporting entity” means
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(1) An insurer as defined in ORS 731.106 or fraternal benefit society as described in ORS 748.106 required to have a certificate of authority to transact health insurance business in this state. (2) A health care service contractor as defined in ORS 750.005 that issues medical in…
ORS 442.373 Health care data reporting by health insurers; rules; fees. (1) The Oregon Health Authority shall establish and maintain a program that requires reporting entities to report health care data for the following purposes
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(a) Determining the maximum capacity and distribution of existing resources allocated to health care. (b) Identifying the demands for health care. (c) Allowing health care policymakers to make informed choices. (d) Evaluating the effectiveness of intervention programs in improvin…
ORS 442.385 Definitions for ORS 442.385 and 442.386. As used in this section and ORS 442.386
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(1) “Frontline worker” means any worker whose total annual compensation is less than $200,000, adjusted annually to reflect any percentage changes in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the U…
ORS 442.386 Health Care Cost Growth Target program established; rules. (1) The Legislative Assembly intends to establish a health care cost growth target, for all providers and payers, to
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(a) Support accountability for the total cost of health care across all providers and payers, both public and private; (b) Build on the state’s existing efforts around health care payment reform and containment of health care costs; and (c) Ensure the long-term affordability and …
ORS 442.392 Uniform payment methodology for hospital and ambulatory surgical center services; rules. (1) The Oregon Health Authority shall prescribe by rule a uniform payment methodology for hospital and ambulatory surgical center services that
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(a) Incorporates the most recent Medicare payment methodologies established by the Centers for Medicare and Medicaid Services, or similar payment methodologies, for hospital and ambulatory surgical center services; (b) Includes payment methodologies for services and equipment tha…
ORS 442.394 Acceptance by facilities as payment in full. (1) A hospital or ambulatory surgical center shall bill and accept as payment in full an amount determined in accordance with ORS 243.256 and 243.879, if applicable, or the payment methodology prescribed by the Oregon Health Authority under ORS 442.392
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(2) This section does not apply to type A or type B hospitals, as described in ORS 442.470, or rural critical access hospitals, as defined in ORS 442.470. [2011 c.418 §4; 2017 c.718 §11; 2017 c.746 §33] Note: See note under 442.392.
ORS 442.396 Attestation of compliance by insurers; rules. An insurer, as defined in ORS 731.106, that contracts with the Oregon Health Authority, including with the Public Employees’ Benefit Board and the Oregon Educators Benefit Board, to provide health insurance coverage for state employees, educators or medical assistance recipients must annually attest, on a form and in a manner prescribed by the authority, to its compliance with ORS 243.256, 243.879, 442.392 and 442.394. A contract with an insurer subject to the requirements of this section may not be renewed without the attestation required by this section. [2011 c.418 §9]
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Note: See note under 442.392. (Temporary provisions relating to primary care payment reform collaborative) Note: Sections 2 to 5, chapter 575, Oregon Laws 2015, provide: Sec. 2. (1) As used in this section: (a) “Carrier” means an insurer that offers a health benefit plan, as defi…
ORS 442.400 “Health care facility” defined. As used in ORS 442.400 to 442.463, unless the context requires otherwise, “health care facility” or “facility” means such facility as defined by ORS 442.015, exclusive of a long term care facility, and includes all publicly and privately owned and operated health care facilities, but does not include facilities described in ORS 441.065. [Formerly 441.415; 1979 c.697 §8; 1981 c.693 §15]
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[Repealed or reserved.]
ORS 442.405 Legislative findings and policy. The Legislative Assembly finds that rising costs and charges of health care facilities are a matter of vital concern to the people of this state. The Legislative Assembly finds and declares that it is the policy of this state
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(1) To require health care facilities to file for public disclosure reports that will enable both private and public purchasers of services from such facilities to make informed decisions in purchasing such services; and (2) To encourage development of programs of research and in…
ORS 442.410 [1977 c.751 §45; 1981 c.693 §16; 1983 c.482 §13; 1985 c.747 §38; 1995 c.727 §24; 1997 c.683 §20; repealed by 1999 c.581 §11]
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[Repealed or reserved.]
ORS 442.415 [1977 c.751 §46; 1983 c.482 §14; 1995 c.727 §25; 1997 c.683 §21; repealed by 1999 c.581 §11]
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[Repealed or reserved.]
ORS 442.420 Application for financial assistance; financial analysis and investigation authority; rules. (1) The Oregon Health Authority may apply for, receive and accept grants, gifts, payments and other funds and advances, appropriations, properties and services from the United States, the State of Oregon or any governmental body, agency or agencies or from any other public or private corporation or person, and enter into agreements with respect thereto, including the undertaking of studies, plans, demonstrations or projects
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(2) The authority shall conduct or cause to have conducted such analyses and studies relating to costs of health care facilities as considered desirable, including but not limited to methods of reducing such costs, utilization review of services of health care facilities, peer re…
ORS 442.425 Financial reporting systems. (1) The Oregon Health Authority by rule may specify one or more uniform systems of financial reporting necessary to meet the requirements of ORS 442.400 to 442.463. Such systems shall include such cost allocation methods as may be prescribed and such records and reports of revenues, expenses, other income and other outlays, assets and liabilities, and units of service as may be prescribed. Each facility under the authority’s jurisdiction shall adopt such systems for its fiscal period starting on or after the effective date of such system and shall make the required reports on such forms as may be required by the authority. The authority may extend the period by which compliance is required upon timely application and for good cause. Filings of such records and reports shall be made at such times as may be reasonably required by the authority
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(2) Existing systems of reporting used by health care facilities shall be given due consideration by the authority in carrying out the duty of specifying the systems of reporting required by ORS 442.400 to 442.463. The authority insofar as reasonably possible shall adopt reportin…
ORS 442.430 Investigations; confidentiality of data. (1) Whenever a further investigation is considered necessary or desirable by the Oregon Health Authority to verify the accuracy of the information in the reports made by health care facilities, the authority may make any necessary further examination of the facility’s records and accounts. Such further examinations include, but are not limited to, requiring a full or partial audit of all such records and accounts
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(2) In carrying out the duties prescribed by ORS 442.400 to 442.463, the authority may utilize its own staff or may contract with any appropriate, independent, qualified third party. No such contractor shall release or publish or otherwise use any information made available to it…
ORS 442.435 [Formerly 441.460; 1983 c.482 §16; 1987 c.660 §27; 1995 c.727 §29; 1997 c.683 §25; repealed by 1999 c.581 §11]
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[Repealed or reserved.]
ORS 442.440 [Formerly 441.465; 1983 c.482 §17; 1983 c.740 §161; repealed by 1987 c.660 §40]
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[Repealed or reserved.]
ORS 442.442 [1979 c.697 §10; repealed by 1981 c.693 §31]
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[Repealed or reserved.]
ORS 442.445 [Formerly 441.480; 1981 c.693 §19; 1983 c.482 §18; 1983 c.696 §21; 1991 c.734 §24; 1993 c.18 §110; 1995 c.727 §30; 1997 c.683 §26; 1999 c.581 §6; 2007 c.384 §4; 2007 c.838 §§7,8; 2013 c.61 §§2b,2c; 2017 c.101 §47b; renumbered 442.994 in 2021]
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[Repealed or reserved.]
ORS 442.450 Exemption from cost review regulations. The following are not subject to ORS 442.400 to 442.463
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(1) Physicians in private practice, solo or in a group or partnership, who are not employed by, or hold ownership or part ownership in, a health care facility; or (2) Health care facilities described in ORS 441.065. [1977 c.751 §55]
ORS 442.460 Information about utilization and cost of health care services. In order to obtain regional or statewide data about the utilization and cost of health care services, the Oregon Health Authority may accept information relating to the utilization and cost of health care services identified by the authority from physicians, insurers or other third-party payers or employers or other purchasers of health care. [1985 c.747 §15; 1995 c.727 §31; 1997 c.683 §27; 1999 c.581 §7; 2015 c.318 §34]
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[Repealed or reserved.]
ORS 442.463 Annual utilization report; contents; approval; rules. (1) Each licensed health facility shall file with the Oregon Health Authority an annual report containing such information related to the facility’s utilization as may be required by the authority, in such form as the authority prescribes by rule
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(2) The annual report shall contain such information as may be required by rule of the authority and must be approved by the authority. [1985 c.747 §§18,19; 1995 c.727 §32; 1997 c.683 §28; 1999 c.581 §8; 2015 c.318 §35]
ORS 442.464 [2009 c.595 §1200; 2011 c.602 §54; renumbered 442.372 in 2019]
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[Repealed or reserved.]
ORS 442.465 [1985 c.747 §22; 1987 c.660 §10; 1989 c.1034 §6; 1995 c.727 §33; 1997 c.683 §29; repealed by 1999 c.581 §11]
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[Repealed or reserved.]
ORS 442.466 [2009 c.595 §1201; 2015 c.318 §36; 2015 c.845 §1; renumbered 442.373 in 2019]
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[Repealed or reserved.]
ORS 442.467 [1985 c.747 §23; repealed by 1989 c.1034 §11]
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[Repealed or reserved.]
ORS 442.468 [2009 c.595 §1174; 2011 c.602 §30; repealed by 2015 c.380 §2]
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[Repealed or reserved.]
ORS 442.469 [1985 c.747 §24; 1987 c.660 §11; 1989 c.1034 §7; 1995 c.727 §34; 1997 c.683 §30; repealed by 1999 c.581 §11]
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RURAL HEALTH
ORS 442.470 Definitions for ORS 442.470 to 442.507. As used in ORS 442.470 to 442.507
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(1) “Acute inpatient care facility” means a licensed hospital with an organized medical staff, with permanent facilities that include inpatient beds, and with comprehensive medical services, including physician services and continuous nursing services under the supervision of reg…
ORS 442.475 Office of Rural Health. There is created the Office of Rural Health in the Oregon Health and Science University. [1979 c.513 §2; 1987 c.660 §13; 1989 c.708 §4]
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[Repealed or reserved.]
ORS 442.480 Rural Health Care Revolving Account. (1) There is established the Rural Health Care Revolving Account in the General Fund
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(2) All moneys appropriated for the purposes of ORS 442.470 to 442.507 and all moneys paid to the Office of Rural Health by reason of loans, fees, gifts or grants for the purposes of ORS 442.470 to 442.507 shall be credited to the Rural Health Care Revolving Account. (3) All mone…
ORS 442.485 Responsibilities of Office of Rural Health. The responsibilities of the Office of Rural Health shall include but not be limited to
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(1) Coordinating statewide efforts for providing health care in rural areas. (2) Accepting and processing applications from communities interested in developing health care delivery systems. (3) Applying for grants and accepting gifts and grants from other governmental or private…
ORS 442.490 Rural Health Coordinating Council; membership; terms; officers; compensation and expenses. (1) In carrying out its responsibilities, the Office of Rural Health shall be advised by the Rural Health Coordinating Council. All members of the Rural Health Coordinating Council shall have knowledge, interest, expertise or experience in rural areas and health care delivery. The membership of the Rural Health Coordinating Council shall consist of
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(a) One primary care physician who is appointed by the office from a list of physicians recommended by the Oregon Medical Association and one primary care physician appointed by the office from a list of physicians recommended by the Osteopathic Physicians and Surgeons of Oregon;…
ORS 442.495 Responsibilities of council. The responsibilities of the Rural Health Coordinating Council shall be to
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(1) Advise the Office of Rural Health on matters related to the health care services and needs of rural communities; (2) Develop general recommendations to meet the identified needs of rural communities; and (3) View applications and recommend to the office which communities shou…
ORS 442.500 Technical and financial assistance to rural communities. (1) The Office of Rural Health shall provide technical assistance to rural communities interested in developing health care delivery systems
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(2) Communities shall make application for this technical assistance on forms developed by the office for this purpose. (3) The office may make grants or loans to rural communities for the purpose of establishing or maintaining medical care services. (4) The office shall make the…
ORS 442.502 Determination of size of rural hospital. (1) For purposes of determining the size of a rural hospital, beds certified by the Oregon Health Authority on the license of the hospital as special inpatient care beds shall not be included
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(2) As used in this section, “special inpatient care beds” means beds that: (a) Are used for the treatment of patients with mental illness or for the treatment of alcoholism or drug abuse, or are located in a rehabilitation center, a college infirmary, a chiropractic facility, a …
ORS 442.503 Eligibility for economic development grants. In addition to any other authorized uses of funds for economic development available from the Administrative Services Economic Development Fund, economic development grants may be made for the purpose of constructing, equipping, refurbishing, modernizing and making other capital improvements for type A and B rural hospitals, as defined under ORS 442.470. [1989 c.893 §10]
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Note: 442.503 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 442.505 Technical assistance to rural hospitals. The Office of Rural Health shall institute a program to provide technical assistance to rural hospitals. The Office of Rural Health shall be primarily responsible for providing
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(1) A recruitment and retention program for physicians and other primary care providers in rural areas. (2) An informational link between rural hospitals and state and federal policies regarding regulations and payment sources. (3) A system for effectively networking rural hospit…
ORS 442.507 Assistance to rural emergency medical service systems. (1) With the moneys transferred to the Office of Rural Health by ORS 442.870, the office shall establish a dedicated grant program for the purpose of providing assistance to rural communities to enhance emergency medical service systems
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(2) Communities, as well as nonprofit or governmental agencies serving those communities, may apply to the office for grants on forms developed by the office. (3) The office shall make the final decision concerning which entities receive grants, but the office may seek advice fro…
ORS 442.515 Rural hospitals; findings. The Legislative Assembly finds that Oregon rural hospitals are an integral part of the communities and geographic area where they are located. Their impact on the economic well-being and health status of the citizens is vast. The problems faced by rural hospitals include a general decline in rural economies, the age of the rural populations, older physical plants, lack of physicians and other health care providers and a poor financial outlook. The Legislative Assembly recognizes that the loss of essential hospital services is imminent in many communities. [1987 c.918 §1]
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[Repealed or reserved.]
ORS 442.520 Risk assessment formula; relative risk of rural hospitals. (1) Subject to the formula set out in subsection (2) of this section, the Office of Rural Health, in consultation with a trade association representing hospitals and health systems in Oregon, shall establish a risk assessment formula to identify the relative risk of a rural hospital, as defined in ORS 442.470
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(2) To assess the degree of risk faced by each rural hospital, the risk assessment formula developed by the Office of Rural Health, in consultation with a trade association representing hospitals and health systems in Oregon, shall include the following categories: (a) Organizati…
ORS 442.525 [1989 c.893 §9; 1993 c.765 §50; repealed by 2005 c.806 §5]
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[Repealed or reserved.]
ORS 442.535 [2001 c.599 §1; 2011 c.637 §272; repealed by 2015 c.829 §8]
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[Repealed or reserved.]
ORS 442.540 [2001 c.599 §2; 2011 c.637 §273; 2013 c.747 §162; 2015 c.513 §21; repealed by 2015 c.829 §8]
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[Repealed or reserved.]
ORS 442.545 [2001 c.599 §3; 2011 c.637 §274; 2013 c.747 §163; repealed by 2015 c.829 §8]
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[Repealed or reserved.]
ORS 442.550 [1989 c.893 §16; 1991 c.947 §5; 1999 c.582 §11; 1999 c.704 §23; 2001 c.336 §1; 2005 c.357 §3; 2007 c.485 §1; 2010 c.42 §1; repealed by 2013 c.177 §4]
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[Repealed or reserved.]
ORS 442.555 [1989 c.893 §17; 1991 c.877 §20; 1991 c.947 §6; 1993 c.765 §52; 1999 c.291 §32; 1999 c.704 §24; 2005 c.357 §1; 2007 c.485 §2; 2010 c.42 §2; repealed by 2013 c.177 §4]
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[Repealed or reserved.]
ORS 442.560 [1989 c.893 §18; 1991 c.877 §21; 1991 c.947 §3; 1993 c.765 §53; 1993 c.813 §13; 2005 c.357 §2; 2007 c.485 §3; 2010 c.42 §3; repealed by 2013 c.177 §4]
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PRIMARY CARE SERVICES PROGRAM
ORS 442.561 Certifying individuals licensed under ORS chapter 679 for tax credit. The Office of Rural Health shall establish criteria for certifying individuals who are licensed under ORS chapter 679 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 dental 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 §40; 1999 c.291 §33; 1999 c.459 §2]
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Note: 442.561 to 442.570 were enacted into law by the Legislative Assembly but were 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.