Oregon Statutes - Chapter 442 - Health Planning

• 442.005   [1955 c.533 §2; 1973 c.754 §1; repealed by 1977 c.717 §23]
• 442.010   [Amended by 1955 c.533 §3; 1971 c.650 §20; repealed by 1977 c.717 §23]
• 442.011   Office for Oregon Health Policy and Research created; appointment of administrator.
  (1) There is created in the Department of Human Services the Office for Oregon Health Policy and Research. The Administrator of the Office for Oregon...
• 442.015   Definitions.
  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...
• 442.020   [Amended by 1955 c.533 §4; 1973 c.754 §2; repealed by 1977 c.717 §23]
• 442.025   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...
• 442.030   [Amended by 1955 c.533 §5; 1961 c.316 §8; 1967 c.89 §4; repealed by 1977 c.717 §23]
• 442.035   Oregon Health Policy Commission; qualifications; terms; officers; meetings; compensation and expenses.
  (1) The Oregon Health Policy Commission is established to serve as the policy-making body responsible for health policy and planning for the state. (2) The...
• 442.040   [Amended by 1955 c.533 §6; 1973 c.754 §3; repealed by 1977 c.717 §23]
• 442.045   Commission duties.
  The Oregon Health Policy Commission shall perform the following functions: (1) Develop a plan for and monitor the implementation of the state health policy. (2)...
• 442.050   [Amended by 1957 c.697 §3; 1969 c.535 §2; 1973 c.754 §4; 1977 c.284 §50; repealed by 1977 c.717 §23]
• 442.053   [1955 c.533 §7; 1973 c.754 §5; repealed by 1977 c.717 §23]
• 442.055   [1955 c.533 §8; repealed by 1973 c.754 §8]
• 442.057   Commission subcommittees and advisory committees.
  The Oregon Health Policy Commission may establish subcommittees and may appoint advisory committees to advise it in carrying out its duties. Members of advisory committees...
• 442.060   [Amended by 1963 c.92 §1; repealed by 1977 c.717 §23]
• 442.070   [Amended by 1961 c.316 §9; 1967 c.89 §5; repealed by 1971 c.734 §21]
• 442.075   [1971 c.734 §58; repealed by 1973 c.754 §6 (442.076 enacted in lieu of 442.075)]
• 442.076   [1973 c.754 §7 (enacted in lieu of 442.075); repealed by 1977 c.717 §23]
• 442.080   [Repealed by 1977 c.717 §23]
• 442.085   [1977 c.751 §5; 1981 c.693 §6; repealed by 1987 c.660 §40]
• 442.090   [Repealed by 1955 c.533 §10]
• 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]
• 442.100   [1977 c.751 §7; repealed by 1981 c.693 §31]
• 442.105   [1977 c.751 §38; 1981 c.693 §8; 1983 c.482 §6; repealed by 1987 c.660 §40]
• 442.110   [Formerly 431.250 (3), (4); repealed by 1987 c.660 §40]
• 442.120   Ambulatory surgery and inpatient discharge abstract records; alternative data; rules; fees.
  In order to provide data essential for health planning programs: (1) The Office for Oregon Health Policy and Research may request, by July 1 of...
• 442.150   [1977 c.751 §10; repealed by 1987 c.660 §40]
• 442.155   [1977 c.751 §11; 1983 c.482 §7; 1985 c.747 §6; repealed by 1987 c.660 §40]
• 442.160   [1977 c.751 §12; repealed by 1987 c.660 §40]
• 442.165   [1977 c.751 §13; 1981 c.693 §9; repealed by 1983 c.482 §23]
• 442.170   [1977 c.751 §14; repealed by 1983 c.482 §23]
• 442.200   Definitions for ORS 442.205.
  As used in this section and ORS 442.205: (1) “Charity care” means free or discounted health services provided to persons who cannot afford to pay...
• 442.205   Community benefit reporting; rules.
  (1) The Administrator of the Office for Oregon Health Policy and Research shall by rule adopt a cost-based community benefit reporting system for hospitals operating...
• 442.300   [Formerly 441.010; repealed by 1981 c.693 §31]
• 442.315   Certificate of need; rules; fees; enforcement; exceptions; letter of intent.
  (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...
• 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]
• 442.325   Certificate 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. (2)...
• 442.330   [Formerly 441.092; 1979 c.697 §5; repealed by 1981 c.693 §31]
• 442.335   [1977 c.751 §8; 1981 c.693 §12; 1983 c.482 §9; 1987 c.660 §7; repealed by 1989 c.1034 §11]
• 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]
• 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 Department of Human Services, may...
• 442.344   Exemptions from requirements.
  In furtherance of the purpose and intent of the Legislative Assembly as expressed in ORS 442.025 to achieve reasonable access to quality health care at...
• 442.345   [1977 c.751 §33; 1981 c.693 §14; 1985 c.747 §36; repealed by 1989 c.1034 §11]
• 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...
• 442.350   [Formerly 441.140; repealed by 1989 c.1034 §11]
• 442.355   [1983 c.482 §12; 1985 c.747 §14; renumbered 442.120]
• 442.360   [1977 c.751 §9; 1979 c.697 §7; 1981 c.693 §25; 1985 c.747 §37; repealed by 1989 c.1034 §11]
• 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,...
• 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....
• 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]
• 442.415   [1977 c.751 §46; 1983 c.482 §14; 1995 c.727 §25; 1997 c.683 §21; repealed by 1999 c.581 §11]
• 442.420   Application for financial assistance; financial analysis and investigation authority; rules.
  (1) The Office for Oregon Health Policy and Research may apply for, receive and accept grants, gifts, payments and other funds and advances, appropriations, properties...
• 442.425   Authority over reporting systems of facilities.
  (1) The Administrator of the Office for Oregon Health Policy and Research by rule may specify one or more uniform systems of financial reporting necessary...
• 442.430   Investigations; confidentiality of data.
  (1) Whenever a further investigation is considered necessary or desirable by the Office for Oregon Health Policy and Research to verify the accuracy of the...
• 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]
• 442.440   [Formerly 441.465; 1983 c.482 §17; 1983 c.740 §161; repealed by 1987 c.660 §40]
• 442.442   [1979 c.697 §10; repealed by 1981 c.693 §31]
• 442.445   Civil penalty for failure to perform.
  (1) Any health care facility that fails to perform as required in ORS 442.205 and 442.400 to 442.463 or section 3, chapter 838, Oregon Laws...
• 442.450   Exemption from cost review regulations.
  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...
• 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 Office for Oregon Health Policy and Research...
• 442.463   Annual utilization report; contents; approval; rules.
  (1) Each licensed health facility shall file with the Office for Oregon Health Policy and Research an annual report containing such information related to the...
• 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]
• 442.467   [1985 c.747 §23; repealed by 1989 c.1034 §11]
• 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]
• 442.470   Definitions for ORS 442.470 to 442.507.
  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...
• 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]
• 442.480   Rural Health Care Revolving Account.
  (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...
• 442.485   Responsibilities of Office of Rural Health.
  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...
• 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...
• 442.495   Responsibilities of council.
  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...
• 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. (2) Communities shall make application...
• 442.502   Determination of size of rural hospital.
  (1) For purposes of determining the size of a rural hospital, beds certified by the Department of Human Services on the license of the hospital...
• 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...
• 442.505   Technical assistance to rural hospitals.
  The Office of Rural Health shall institute a program to provide technical assistance to hospitals defined by the office as rural. The Office of Rural...
• 442.507   Assistance to rural emergency medical service systems.
  (1) With the moneys transferred to the Office of Rural Health by ORS 442.625, the office shall establish a dedicated grant program for the purpose...
• 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...
• 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 the Oregon Association of...
• 442.525   [1989 c.893 §9; 1993 c.765 §50; repealed by 2005 c.806 §5]
• 442.535   Definitions for ORS 442.540 and 442.545.
  As used in ORS 442.540 and 442.545: (1) “Commission” means the Oregon Student Assistance Commission. (2) “Nurse” means any person who is licensed under ORS...
• 442.540   Nursing Services Program created; criteria for participation; rules.
  (1) There is created the Nursing Services Program, to be administered by the Oregon Student Assistance Commission pursuant to rules adopted by the commission. The...
• 442.545   Conditions of participation in Nursing Services Program.
  (1) A nurse or prospective nurse applicant who is a graduate of an accredited nursing program with a baccalaureate or associate degree and who wishes...
• 442.550   Definitions for ORS 442.550 to 442.570.
  As used in ORS 442.550 to 442.570: (1) “Commission” means the Oregon Student Assistance Commission. (2) “Dentist” means any person licensed to practice dentistry...
• 442.555   Rural Health Services Program created; rules; criteria for participation.
  (1) There is created the Rural Health Services Program, to be administered by the Oregon Student Assistance Commission, pursuant to rules adopted by the commission....
• 442.560   Conditions of participation in Rural Health Services Program; rules.
  (1) Prospective physicians, physician assistants, dentists, pharmacists and nurse practitioners who wish to participate in the Rural Health Services Program shall agree that: (a) For...
• 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...
• 442.562   Certifying podiatric physicians and surgeons for tax credit.
  The Office of Rural Health shall establish criteria for certifying individuals who are licensed as podiatric physicians and surgeons under ORS chapter 677 as eligible...
• 442.563   Certifying certain individuals providing rural health care for tax credit; rules.
  (1) Subject to ORS 442.560, the Office of Rural Health shall establish criteria for certifying individuals eligible for the tax credit authorized by ORS 315.613,...
• 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 683.335 as eligible for the...
• 442.565   [1989 c.893 §19; renumbered 442.568 in 2005]
• 442.566   Certifying emergency medical technicians for tax credit.
  The Office of Rural Health shall establish criteria for certifying individuals who are certified as emergency medical technicians under ORS chapter 682 as eligible for...
• 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...
• 442.570   Rural Health 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 Rural Health Services...
• 442.575   Definitions for ORS 442.575 to 442.584.
  As used in ORS 442.575 to 442.584: (1) “Commission” means the Health Resources Commission established pursuant to ORS 442.580. (2) “Established medical technology” means a...
• 442.580   Health Resources Commission; membership; terms.
  (1) There is created the Health Resources Commission, consisting of eleven members appointed by the Governor. (2) The commission shall include: (a) Four physicians, one...
• 442.581   Officers; quorum; meetings; staffing.
  (1) The Health Resources Commission shall select one of its members as chairperson and another as vice chairperson, for such terms and with duties and...
• 442.582   [1991 c.470 §5; repealed by 1993 c.754 §4 (442.583 enacted in lieu of 442.582)]
• 442.583   Medical technology assessment program; content; advisory committee.
  (1)(a) The Health Resources Commission shall develop a medical technology assessment program that addresses the introduction, diffusion and utilization of medical technologies and their associated...
• 442.584   Application for certificate of need.
  (1) All applicants for a certificate of need for any of the technologies or services under study by the Health Resources Commission shall provide the...
• 442.586   [1991 c.470 §8; repealed by 1995 c.727 §48]
• 442.588   Employees.
  Nothing in ORS 414.720, 431.120, 442.120, 442.575, 442.583 and 442.588 is intended to limit the authority of the Health Resources Commission and Health Services Commission...
• 442.600   Policy on maternity care.
  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...
• 442.625   Emergency Medical Services Enhancement Account; distribution of moneys in account.
  (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...
• 442.700   Definitions for ORS 442.700 to 442.760.
  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...
• 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...
• 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...
• 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...
• 442.720   Board of governors for cooperative program.
  (1) If the Director of Human Services issues an order approving an application for a cooperative program under ORS 442.710, the director shall establish a...
• 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 Human Services, the board of...
• 442.730   Review and evaluation of report; modification or revocation of order of approval.
  (1) The Director of Human Services shall review and evaluate the annual report delivered under ORS 442.725. The director shall: (a) Determine the extent to...
• 442.735   Complaint procedure.
  (1) Any person may file a complaint with the Director of Human Services requesting that a specific decision or action of a cooperative program supervised...
• 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,...
• 442.745   Disclosure of confidential information not waiver of right to protect information.
  If parties to a cooperative program agreement provide the Director of Human Services with written or oral information that is confidential or otherwise protected from...
• 442.750   Status of actions under cooperative program; effect on other liability.
  (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...
• 442.755   Rules; costs; fees.
  (1) The Director of Human Services shall adopt rules as may be necessary to carry out the provisions of ORS 442.700 to 442.760. (2) The...
• 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 Human Services shall be...
• 442.800   Advisory Committee on Physician Credentialing Information; membership; terms.
  (1) The Advisory Committee on Physician Credentialing Information is established within the Office for Oregon Health Policy and Research. The committee consists of nine members...
• 442.805   Committee recommendations.
  (1) The Advisory Committee on Physician Credentialing Information shall develop and submit recommendations to the Administrator of the Office for Oregon Health Policy and Research...
• 442.807   Implementation of recommendations; rules.
  (1) Within 30 days of receiving the recommendations of the Advisory Committee on Physician Credentialing Information, the Administrator of the Office for Oregon Health Policy...
• 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...
• 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,...
• 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...
• 442.835   Appointment of administrator.
  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,...
• 442.990   [Amended by 1955 c.533 §9; repealed by 1977 c.717 §23]

Last modified: August 7, 2008