Title 36, Public Health and Safety

(1) A nonprofit hospital’s written financial assistance policy described in ORS 442.610 must: (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…

(1) As used in this section: (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 prescri…

(1) As used in this section: (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 facilitie…

(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: (a) Historical and current expenditures on community benefits by the h…

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: (1) A description of the health care needs identified in the hospital’s…

As used in ORS 442.700 to 442.760: (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 service…

(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 publi…

(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 inclu…

(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…

(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 purpo…

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…

(1) The Director of the Oregon Health Authority shall review and evaluate the annual report delivered under ORS 442.725. The director shall: (a) Determine the extent to which the cooperative program is achieving the goals identified in the order; (b) Review the activities being c…

(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 orde…

(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: (a) If the director determines that …

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 protec…

(1) Notwithstanding the provisions of ORS 646.705 to 646.836: (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…

(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. (2) The costs of program approval and supervision shall be paid by the parties to a cooperative program agreement and the director shall se…

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…

As used in ORS 442.819 to 442.851: (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 …

(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 …

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…

(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 …

(1) Except as otherwise provided in ORS 442.819 to 442.851, the Oregon Patient Safety Commission Board of Directors, or officials of the Oregon Patient Safety Commission acting under the authority of the board, shall exercise all the powers of the commission and shall govern the …

The Oregon Patient Safety Commission Board of Directors shall appoint an administrator of the Oregon Patient Safety Commission. Subject to the supervision of the board, the administrator has authority to direct the affairs of the commission. The administrator may not be a voting …

(1) The Oregon Patient Safety Reporting Program is created in the Oregon Patient Safety Commission to establish a serious adverse event reporting system to learn from adverse events. The program shall include, but is not limited to: (a) Reporting by participants, in a timely mann…

(1) The Oregon Patient Safety Commission is the central agency in Oregon responsible for the collection of data and analyses produced by all entities in Oregon that are certified by the United States Department of Health and Human Services under 42 U.S.C. 299b-24 as patient safet…

(1) Patient safety data reported to the Oregon Patient Safety Commission may not be disclosed to, subject to subpoena by or used by any state agency for purposes of any enforcement or regulatory action in relation to a participant. (2) Nothing in ORS 442.819 to 442.851 may be con…

(1) Patient safety data and reports obtained by a patient safety reporting program from participants are confidential and privileged and are not admissible in evidence in any civil action, including but not limited to a judicial, administrative, arbitration or mediation proceedin…

The Oregon Patient Safety Commission may assess fees on the entities described in ORS 442.837 (2)(a) to (f) as determined by the Oregon Patient Safety Commission Board of Directors to fund the operating costs of the Oregon Patient Safety Reporting Program. [2003 c.686 §6; 2007 c.…

(1) Amounts collected by the Oregon Patient Safety Commission under ORS 442.850 may not exceed $1.5 million for the fiscal year beginning on July 1, 2007, and ending on June 30, 2008. (2) For every fiscal year beginning on or after July 1, 2008, the dollar amount specified in sub…

The Legislative Assembly finds that Oregonians should be free from infections acquired during the delivery of health care. Action taken in this state to prevent health care acquired infections should be trustworthy, effective, transparent and reliable. [2007 c.838 §1] Note: 442.8…

As used in ORS 442.853 to 442.856: (1) “Health care facility” has the meaning given that term in ORS 442.015. (2) “Health care acquired infection” means a localized or systemic condition that: (a) Results from an adverse reaction to the presence of an infectious agent or its toxi…

(1) There is established in the Oregon Health Authority the Oregon Health Care Acquired Infection Reporting Program. The program shall: (a) Provide useful and credible infection measures, specific to each health care facility, to consumers; (b) Promote quality improvement in heal…

(1) There is established the Health Care Acquired Infection Advisory Committee to advise the Director of the Oregon Health Authority regarding the Oregon Health Care Acquired Infection Reporting Program. The advisory committee shall consist of 16 members appointed by the director…

The Legislative Assembly finds and declares that: (1) Maternity care is the cornerstone of health care delivery in the state. It provides a proven, cost-effective foundation for improving the health of all Oregonians, and a healthy start in life allows our future citizens to achi…

(1) The Emergency Medical Services Enhancement Account is established separate and distinct from the General Fund. Interest earned on moneys in the account shall accrue to the account. All moneys deposited in the account are continuously appropriated to the Department of Revenue …

(1) Any reporting entity that fails to report as required by rules of the Oregon Health Authority adopted pursuant to ORS 442.362 may be subject to a civil penalty. (2) The authority shall adopt a schedule of penalties, not to exceed $500 per day of violation, that are based on t…

(1) The Oregon Health Authority shall adopt a schedule of civil penalties not to exceed $500 per day of violation, determined by the severity of the violation, for: (a) Any reporting entity that fails to report as required by ORS 442.373 or rules adopted by the authority. (b) Any…

(1) Any health care facility that fails to perform as required in ORS 442.602 and 442.400 to 442.463 or 442.855, and rules of the Oregon Health Authority may be subject to a civil penalty. (2) The Oregon Health Authority shall adopt a schedule of penalties not to exceed $500 per …