Title 36, Public Health and Safety

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 …

As used in ORS chapter 441 and this chapter, unless the context requires otherwise: (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 us…

(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. (2) Problems preventing the priority in subsection (1) of this section from being attained include: (a) The inability of …

(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. (2) The authority shall adopt rules specifying criter…

(1) A certificate of need shall be required for the development or establishment of a health care facility of any new health maintenance organization. (2) Any activity of a health maintenance organization which does not involve the direct delivery of health services, as distingui…

(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 comp…

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 sur…

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] Note: 442.347 was enacted into law by the Legislative…

As used in this section and ORS 442.362 and 442.991: (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 o…

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: (1) Require a reporting entity to establish on the home page of its website a prominently labeled link to…

(1) In order to provide data essential for health planning programs: (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 …

As used in this section and ORS 442.373, “reporting entity” means: (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 …

(1) The Oregon Health Authority shall establish and maintain a program that requires reporting entities to report health care data for the following purposes: (a) Determining the maximum capacity and distribution of existing resources allocated to health care. (b) Identifying the…

As used in this section and ORS 442.386: (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 b…

(1) The Legislative Assembly intends to establish a health care cost growth target, for all providers and payers, to: (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 a…

(1) The Oregon Health Authority shall prescribe by rule a uniform payment methodology for hospital and ambulatory surgical center services that: (a) Incorporates the most recent Medicare payment methodologies established by the Centers for Medicare and Medicaid Services, or simil…

(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. (2) This section does not …

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 …

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,…

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: (1) To require health care facilities to file for pub…

(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 pri…

(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 revenu…

(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…

The following are not subject to ORS 442.400 to 442.463: (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…

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 thi…

(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. (2) The annual report shall cont…

As used in ORS 442.470 to 442.507: (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 se…

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]

(1) There is established the Rural Health Care Revolving Account in the General Fund. (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…

The responsibilities of the Office of Rural Health shall include but not be limited to: (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. (…

(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. Th…

The responsibilities of the Rural Health Coordinating Council shall be to: (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; a…

(1) The Office of Rural Health shall provide technical assistance to rural communities interested in developing health care delivery systems. (2) Communities shall make application for this technical assistance on forms developed by the office for this purpose. (3) The office may…

(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. (2) As used in this section, “special inpatient care beds” means beds that: (a) Are use…

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 …

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: (1) A recruitment and retention program for physicians and other primary care providers in rural areas…

(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. (2) Communities, as well as nonprofit or g…

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 genera…

(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 hospi…

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 …

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 provi…

(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. (2) The classification …

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 pro…

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 appl…

(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. (2) The university shall reserve a number of admiss…

(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 alloca…

As used in this section and ORS 442.602: (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 …

(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. (2) Within 90 days of filing a Medicare cost …

(1) As used in this section: (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 gi…

As used in ORS 442.612 to 442.630: (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 co…