US Laws, Codes, Statutes & Cases

Chapter 442 — Health Planning

 

2007 EDITION

 

HEALTH PLANNING

 

PUBLIC HEALTH AND SAFETY

 

ADMINISTRATOR OF THE OFFICE FOR OREGON HEALTH POLICY AND RESEARCH

 

442.011     Office for Oregon Health Policy and Research created; appointment of administrator

 

ADMINISTRATION

 

442.015     Definitions

 

442.025     Findings and policy

 

442.035     Oregon Health Policy Commission; qualifications; terms; officers; meetings; compensation and expenses

 

442.045     Commission duties

 

442.057     Commission subcommittees and advisory committees

 

442.120     Ambulatory surgery and inpatient discharge abstract records; alternative data; rules; fees

 

442.200     Definitions for ORS 442.205

 

442.205     Community benefit reporting; rules

 

CERTIFICATES OF NEED FOR HEALTH SERVICES

 

442.315     Certificate of need; rules; fees; enforcement; exceptions; letter of intent

 

442.325     Certificate for health care facility of health maintenance organization; exempt activities; policy relating to health maintenance organizations

 

442.342     Waiver of requirements; rules; penalties

 

442.344     Exemptions from requirements

 

442.347     Rural hospital required to report certain actions

 

HEALTH CARE COST REVIEW

 

442.400     “Health care facility” defined

 

442.405     Legislative findings and policy

 

442.420     Application for financial assistance; financial analysis and investigation authority; rules

 

442.425     Authority over reporting systems of facilities

 

442.430     Investigations; confidentiality of data

 

442.445     Civil penalty for failure to perform

 

442.450     Exemption from cost review regulations

 

442.460     Information about utilization and cost of health care services

 

442.463     Annual utilization report; contents; approval; rules

 

RURAL HEALTH

 

442.470     Definitions for ORS 442.470 to 442.507

 

442.475     Office of Rural Health

 

442.480     Rural Health Care Revolving Account

 

442.485     Responsibilities of Office of Rural Health

 

442.490     Rural Health Coordinating Council; membership; terms; officers; compensation and expenses

 

442.495     Responsibilities of council

 

442.500     Technical and financial assistance to rural communities

 

442.502     Determination of size of rural hospital

 

442.503     Eligibility for economic development grants

 

442.505     Technical assistance to rural hospitals

 

442.507     Assistance to rural emergency medical service systems

 

442.515     Rural hospitals; findings

 

442.520     Risk assessment formula; relative risk of rural hospitals

 

NURSING SERVICES PROGRAM

 

442.535     Definitions for ORS 442.540 and 442.545

 

442.540     Nursing Services Program created; criteria for participation; rules

 

442.545     Conditions of participation in Nursing Services Program

 

RURAL HEALTH SERVICES PROGRAM

 

442.550     Definitions for ORS 442.550 to 442.570

 

442.555     Rural Health Services Program created; rules; criteria for participation

 

442.560     Conditions of participation in Rural Health Services Program; rules

 

442.561     Certifying individuals licensed under ORS chapter 679 for tax credit

 

442.562     Certifying podiatric physicians and surgeons for tax credit

 

442.563     Certifying certain individuals providing rural health care for tax credit; rules

 

442.564     Certifying optometrists for tax credit

 

442.566     Certifying emergency medical technicians for tax credit

 

442.568     Oregon Health and Science University to recruit persons interested in rural practice

 

442.570     Rural Health Services Fund; matching funds

 

HEALTH RESOURCES COMMISSION

 

442.575     Definitions for ORS 442.575 to 442.584

 

442.580     Health Resources Commission; membership; terms

 

442.581     Officers; quorum; meetings; staffing

 

442.583     Medical technology assessment program; content; advisory committee

 

442.584     Application for certificate of need

 

442.588     Employees

 

MISCELLANEOUS

 

442.600     Policy on maternity care

 

442.625     Emergency Medical Services Enhancement Account; distribution of moneys in account

 

Note          Task Force for Comprehensive Obesity Prevention Initiative--2007 c.904 §§1,2

 

COOPERATIVE PROGRAM ON HEART AND KIDNEY TRANSPLANTS

 

442.700     Definitions for ORS 442.700 to 442.760

 

442.705     Legislative findings; goals

 

442.710     Application for approval of cooperative program; form; content; review; modification; order

 

442.715     Authorized practices under approved cooperative program

 

442.720     Board of governors for cooperative program

 

442.725     Annual report of board of governors

 

442.730     Review and evaluation of report; modification or revocation of order of approval

 

442.735     Complaint procedure

 

442.740     Powers of director over action under cooperative program

 

442.745     Disclosure of confidential information not waiver of right to protect information

 

442.750     Status of actions under cooperative program; effect on other liability

 

442.755     Rules; costs; fees

 

442.760     Status to contest order

 

ADVISORY COMMITTEE ON PHYSICIAN CREDENTIALING INFORMATION

 

442.800     Advisory Committee on Physician Credentialing Information; membership; terms

 

442.805     Committee recommendations

 

442.807     Implementation of recommendations; rules

 

OREGON PATIENT SAFETY COMMISSION

 

Note          Definitions--2003 c.686 §1

 

442.820     Oregon Patient Safety Commission

 

442.825     Funds received by commission

 

442.830     Oregon Patient Safety Commission Board of Directors

 

442.835     Appointment of administrator

 

(Temporary provisions relating to Oregon Patient Safety Reporting Program are compiled as notes following ORS 442.835)

 

HEALTH CARE ACQUIRED INFECTIONS

 

(Temporary provisions relating to health care acquired infections are compiled as notes following ORS 442.835)

 

      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]

 

ADMINISTRATOR OF THE OFFICE FOR OREGON HEALTH POLICY AND RESEARCH

 

      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 Health Policy and Research shall be appointed by the Governor and the appointment shall be subject to Senate confirmation in the manner prescribed in ORS 171.562 and 171.565. The administrator shall be an individual with demonstrated proficiency in planning and managing programs with complex public policy and fiscal aspects such as those involved in the Oregon Health Plan. Before making the appointment, the Governor must advise the President of the Senate and the Speaker of the House of Representatives of the names of at least three finalists and shall consider their recommendation in appointing the administrator.

      (2) In carrying out the responsibilities and duties of the administrator, the administrator shall consult with and be advised by the Oregon Health Policy Commission and the Oregon Health Fund Board. [1993 c.725 §33; 1997 c.683 §16; 2001 c.69 §1; 2003 c.784 §5; 2007 c.697 §14]

 

      Note: The amendments to 442.011 by section 15, chapter 697, Oregon Laws 2007, become operative January 2, 2010. See section 28, chapter 697, Oregon Laws 2007. The text that is operative on and after January 2, 2010, is set forth for the user’s convenience.

      442.011. (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 Health Policy and Research shall be appointed by the Governor and the appointment shall be subject to Senate confirmation in the manner prescribed in ORS 171.562 and 171.565. The administrator shall be an individual with demonstrated proficiency in planning and managing programs with complex public policy and fiscal aspects such as those involved in the Oregon Health Plan. Before making the appointment, the Governor must advise the President of the Senate and the Speaker of the House of Representatives of the names of at least three finalists and shall consider their recommendation in appointing the administrator.

      (2) In carrying out the responsibilities and duties of the administrator, the administrator shall consult with and be advised by the Oregon Health Policy Commission.

 

ADMINISTRATION

 

      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 by any means, including purchase, capital or operating lease, rental or donation, with intention of using such equipment, supplies, components or facilities to provide health services in Oregon. When equipment or other materials are obtained outside of this state, acquisition is considered to occur when the equipment or other materials begin to be used in Oregon for the provision of health services or when such services are offered for use in Oregon.

      (2) “Adjusted admission” means the sum of all inpatient admissions divided by the ratio of inpatient revenues to total patient revenues.

      (3) “Affected persons” has the same meaning as given to “party” in ORS 183.310.

      (4) “Ambulatory surgical center” means a facility that performs outpatient surgery not routinely or customarily performed in a physician’s or dentist’s office, and is able to meet health facility licensure requirements.

      (5) “Audited actual experience” means data contained within financial statements examined by an independent, certified public accountant in accordance with generally accepted auditing standards.

      (6) “Budget” means the projections by the hospital for a specified future time period of expenditures and revenues with supporting statistical indicators.

      (7) “Case mix” means a calculated index for each hospital, based on financial accounting and case mix data collection as set forth in ORS 442.425, reflecting the relative costliness of that hospital’s mix of cases compared to a state or national mix of cases.

      (8) “Commission” means the Oregon Health Policy Commission.

      (9) “Department” means the Department of Human Services of the State of Oregon.

      (10) “Develop” means to undertake those activities that on their completion will result in the offer of a new institutional health service or the incurring of a financial obligation, as defined under applicable state law, in relation to the offering of such a health service.

      (11) “Director” means the Director of Human Services.

      (12) “Expenditure” or “capital expenditure” means the actual expenditure, an obligation to an expenditure, lease or similar arrangement in lieu of an expenditure, and the reasonable value of a donation or grant in lieu of an expenditure but not including any interest thereon.

      (13) “Freestanding birthing center” means a facility licensed for the primary purpose of performing low risk deliveries.

      (14) “Governmental unit” means the state, or any county, municipality or other political subdivision, or any related department, division, board or other agency.

      (15) “Gross revenue” means the sum of daily hospital service charges, ambulatory service charges, ancillary service charges and other operating revenue. “Gross revenue” does not include contributions, donations, legacies or bequests made to a hospital without restriction by the donors.

      (16)(a) “Health care facility” means a hospital, a long term care facility, an ambulatory surgical center, a freestanding birthing center or an outpatient renal dialysis facility.

      (b) “Health care facility” does not mean:

      (A) An establishment furnishing residential care or treatment not meeting federal intermediate care standards, not following a primarily medical model of treatment, prohibited from admitting persons requiring 24-hour nursing care and licensed or approved under the rules of the Department of Human Services or the Department of Corrections; or

      (B) An establishment furnishing primarily domiciliary care.

      (17) “Health maintenance organization” or “HMO” means a public organization or a private organization organized under the laws of any state that:

      (a) Is a qualified HMO under section 1310 (d) of the U.S. Public Health Services Act; or

      (b)(A) Provides or otherwise makes available to enrolled participants health care services, including at least the following basic health care services:

      (i) Usual physician services;

      (ii) Hospitalization;

      (iii) Laboratory;

      (iv) X-ray;

      (v) Emergency and preventive services; and

      (vi) Out-of-area coverage;

      (B) Is compensated, except for copayments, for the provision of the basic health care services listed in subparagraph (A) of this paragraph to enrolled participants on a predetermined periodic rate basis; and

      (C) Provides physicians’ services primarily directly through physicians who are either employees or partners of such organization, or through arrangements with individual physicians or one or more groups of physicians organized on a group practice or individual practice basis.

      (18) “Health services” means clinically related diagnostic, treatment or rehabilitative services, and includes alcohol, drug or controlled substance abuse and mental health services that may be provided either directly or indirectly on an inpatient or ambulatory patient basis.

      (19) “Hospital” means a facility with an organized medical staff, with permanent facilities that include inpatient beds and with medical services, including physician services and continuous nursing services under the supervision of registered nurses, to provide diagnosis and medical or surgical treatment primarily for but not limited to acutely ill patients and accident victims, to provide treatment for patients with mental illness or to provide treatment in special inpatient care facilities.

      (20) “Institutional health services” means health services provided in or through health care facilities and includes the entities in or through which such services are provided.

      (21) “Intermediate care facility” means a facility that provides, on a regular basis, health-related care and services to individuals who do not require the degree of care and treatment that a hospital or skilled nursing facility is designed to provide, but who because of their mental or physical condition require care and services above the level of room and board that can be made available to them only through institutional facilities.

      (22) “Long term care facility” means a facility with permanent facilities that include inpatient beds, providing medical services, including nursing services but excluding surgical procedures except as may be permitted by the rules of the director, to provide treatment for two or more unrelated patients. “Long term care facility” includes skilled nursing facilities and intermediate care facilities but may not be construed to include facilities licensed and operated pursuant to ORS 443.400 to 443.455.

      (23) “Major medical equipment” means medical equipment that is used to provide medical and other health services and that costs more than $1 million. “Major medical equipment” does not include medical equipment acquired by or on behalf of a clinical laboratory to provide clinical laboratory services, if the clinical laboratory is independent of a physician’s office and a hospital and has been determined under Title XVIII of the Social Security Act to meet the requirements of paragraphs (10) and (11) of section 1861(s) of that Act.

      (24) “Net revenue” means gross revenue minus deductions from revenue.

      (25) “New hospital” means a facility that did not offer hospital services on a regular basis within its service area within the prior 12-month period and is initiating or proposing to initiate such services. “New hospital” also includes any replacement of an existing hospital that involves a substantial increase or change in the services offered.

      (26) “New skilled nursing or intermediate care service or facility” means a service or facility that did not offer long term care services on a regular basis by or through the facility within the prior 12-month period and is initiating or proposing to initiate such services. “New skilled nursing or intermediate care service or facility” also includes the rebuilding of a long term care facility, the relocation of buildings that are a part of a long term care facility, the relocation of long term care beds from one facility to another or an increase in the number of beds of more than 10 or 10 percent of the bed capacity, whichever is the lesser, within a two-year period.

      (27) “Offer” means that the health care facility holds itself out as capable of providing, or as having the means for the provision of, specified health services.

      (28) “Operating expenses” means the sum of daily hospital service expenses, ambulatory service expenses, ancillary expenses and other operating expenses, excluding income taxes.

      (29) “Outpatient renal dialysis facility” means a facility that provides renal dialysis services directly to outpatients.

      (30) “Person” means an individual, a trust or estate, a partnership, a corporation (including associations, joint stock companies and insurance companies), a state, or a political subdivision or instrumentality, including a municipal corporation, of a state.

      (31) “Skilled nursing facility” means a facility or a distinct part of a facility, that is primarily engaged in providing to inpatients skilled nursing care and related services for patients who require medical or nursing care, or an institution that provides rehabilitation services for the rehabilitation of individuals who are injured or sick or who have disabilities.

      (32) “Special inpatient care facility” means a facility with permanent inpatient beds and other facilities designed and utilized for special health care purposes, including but not limited to a rehabilitation center, a college infirmary, a chiropractic facility, a facility for the treatment of alcoholism or drug abuse, an inpatient care facility meeting the requirements of ORS 441.065, and any other establishment falling within a classification established by the Department of Human Services, after determination of the need for such classification and the level and kind of health care appropriate for such classification.

      (33) “Total deductions from gross revenue” or “deductions from revenue” means reductions from gross revenue resulting from inability to collect payment of charges. Such reductions include bad debts, contractual adjustments, uncompensated care, administrative, courtesy and policy discounts and adjustments and other such revenue deductions. The deduction shall be net of the offset of restricted donations and grants for indigent care. [1977 c.751 §1; 1979 c.697 §2; 1979 c.744 §31; 1981 c.693 §1; 1983 c.482 §1; 1985 c.747 §16; 1987 c.320 §233; 1987 c.660 §4; 1987 c.753 §2; 1989 c.708 §5; 1989 c.1034 §5; 1991 c.470 §9; 2001 c.100 §1; 2001 c.104 §181a; 2001 c.900 §179; 2003 c.75 §91; 2003 c.784 §11; 2005 c.22 §300; 2007 c.70 §242]

 

      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 of Oregon.

      (2) Problems preventing the priority in subsection (1) of this section from being attained include:

      (a) The inability of many citizens to pay for necessary health care, being covered neither by private insurance nor by publicly funded programs such as Medicare and Medicaid;

      (b) Rising costs of medical care which exceed substantially the general rate of inflation;

      (c) Insufficient price competition in the delivery of health care services that would provide a greater cost consciousness among providers, payers and consumers;

      (d) Inadequate incentives for the use of less costly and more appropriate alternative levels of health care;

      (e) Insufficient or inappropriate use of existing capacity, duplicated services and failure to use less costly alternatives in meeting significant health needs; and

      (f) Insufficient primary and emergency medical care services in medically underserved areas of the state.

      (3) As a result of rising health care costs and the concern expressed by health care providers, health care users, third-party payers and the general public, there is an urgent need to abate these rising costs so as to place the cost of health care within reach of all Oregonians without affecting the quality of care.

      (4) To foster the cooperation of the separate industry forces, there is a need to compile and disseminate accurate and current data, including but not limited to price and utilization data, to meet the needs of the people of Oregon and improve the appropriate usage of health care services.

      (5) It is the purpose of this chapter to establish area-wide and state planning for health services, staff and facilities in light of the findings of subsection (1) of this section and in furtherance of health planning policies of this state.

      (6) It is further declared that hospital costs should be contained through improved competition between hospitals and improved competition between insurers and through financial incentives on behalf of providers, insurers and consumers to contain costs. As a safety net, it is the intent of the Legislative Assembly to monitor hospital performance. [1977 c.751 §2; 1981 c.693 §2; 1983 c.482 §2; 1985 c.747 §1; 1987 c.660 §3]

 

      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 members of the commission shall be residents of the State of Oregon and shall be appointed by the Governor, subject to the following:

      (a) The commission shall have 10 public members and shall include at least one member from each congressional district of the state.

      (b) The membership of the commission shall broadly represent the geographic, social, economic, occupational, linguistic and racial population of the state and shall include individuals who represent Oregon’s rural and urban medically underserved populations.

      (c) The commission shall have a majority of members who are not direct providers of health care and shall include individuals who represent Oregon’s rural and urban medically underserved populations.

      (d) The commission shall have at least one member who is a physician licensed to practice in this state. For the purposes of this paragraph, “physician” has the meaning given that term in ORS 677.010.

      (e) Members shall be appointed to three-year terms.

      (f) A member may not serve more than two consecutive terms.

      (3) Voting members of the commission shall serve at the Governor’s pleasure.

      (4) Voting members shall select a chairperson and a vice chairperson from among themselves.

      (5) The commission shall meet at least quarterly.

      (6) Members are entitled to compensation and expenses as provided in ORS 292.495.

      (7) If a vacancy of a voting member is created on the commission for any reason, the Governor shall fill the vacancy by appointing a member to a three-year term.

      (8) In addition to the members appointed to the commission under subsection (2) of this section:

      (a) The President of the Senate, in consultation with leadership from the minority party, shall appoint two members of the Senate to the commission, one from the majority party and one from the minority party, who shall be nonvoting, advisory members; and

      (b) The Speaker of the House of Representatives, in consultation with leadership from the minority party, shall appoint two members of the House of Representatives to the commission, one from the majority party and one from the minority party, who shall be nonvoting, advisory members. [1977 c.751 §3; 1979 c.697 §3; 1981 c.693 §3; 1983 c.482 §3; 1985 c.747 §4; 1987 c.660 §1; 1995 c.727 §20; 1997 c.683 §17; 2001 c.280 §1; 2003 c.784 §1; 2005 c.771 §2]

 

      Note: Section 1, chapter 771, Oregon Laws 2005, provides:

      Sec. 1. Notwithstanding ORS 442.035 (2)(e), the terms of office of the first three members appointed by the Governor to the Oregon Health Policy Commission on or after the effective date of this 2005 Act [August 23, 2005] shall be four years. [2005 c.771 §1]

 

      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) Act as the policy-making body for a statewide data clearinghouse established within the Department of Human Services or among other state agencies as appropriate for the acquisition, compilation, correlation and dissemination of data from health care providers, other state and local agencies including the state Medicaid program, third-party payers and other appropriate sources in furtherance of the purpose and intent of the Legislative Assembly as expressed in ORS 442.025.

      (3) Review reports provided at least biennially by the Administrator of the Office for Oregon Health Policy and Research on the findings, trends and long-term implications arising from data collected pursuant to ORS 442.120 and 442.400 to 442.463 and by the statewide data clearinghouse authorized by subsection (2) of this section.

      (4) Provide a forum for discussion of health policy and health care issues facing the citizens of the State of Oregon.

      (5) Identify and analyze significant health policy and health care issues affecting the state and make policy recommendations to the Governor.

      (6) Prepare and submit to the Governor and the Legislative Assembly resolutions relating to health policy and health care reform.

      (7) Review State Medicaid Plan amendments, modifications in Medicaid operational protocols, applications for waivers to the Centers for Medicare and Medicaid Services proposed by the Department of Human Services and administrative rules for the state’s medical assistance program and other health care programs.

      (8) Act as the primary advisory committee to the Office for Oregon Health Policy and Research, the Governor and the Legislative Assembly.

      (9) Perform all other functions authorized or required by state law. [1977 c.751 §4; 1981 c.693 §4; 1983 c.482 §4; 1985 c.187 §1; 1985 c.747 §5; 1987 c.660 §2; 1991 c.470 §17; 1995 c.727 §22; 1997 c.683 §18; 1999 c.581 §1; 2003 c.784 §3]

 

      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 shall not be eligible for compensation but shall be entitled to receive actual and necessary travel and other expenses incurred in the performance of their official duties. [1977 c.751 §15; 1981 c.693 §5; 2003 c.784 §4]

 

      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 each year, each general hospital to file with the office ambulatory surgery and inpatient discharge abstract records covering all patients discharged during the preceding calendar year. The ambulatory surgery and inpatient discharge abstract record for each patient must include the following information, and may include other information deemed necessary by the office for developing or evaluating statewide health policy:

      (a) Date of birth;

      (b) Sex;

      (c) Zip code;

      (d) Inpatient admission date or outpatient service date;

      (e) Inpatient discharge date;

      (f) Type of discharge;

      (g) Diagnostic related group or diagnosis;

      (h) Type of procedure performed;

      (i) Expected source of payment, if available;

      (j) Hospital identification number; and

      (k) Total hospital charges.

      (2) By July 1 of each year, the office may request from ambulatory surgical centers licensed under ORS 441.015 ambulatory surgery discharge abstract records covering all patients admitted during the preceding year. Ambulatory surgery discharge abstract records must include information similar to that requested from general hospitals under subsection (1) of this section.

      (3) In lieu of abstracting and compiling the records itself, the office may solicit the voluntary submission of such data from Oregon hospitals or other sources to enable it to carry out its responsibilities under this section. If such data are not available to the office on an annual and timely basis, the office may establish by rule a fee to be charged to each hospital.

      (4) Subject to prior approval of the Oregon Department of Administrative Services and a report to the Emergency Board, if the Legislative Assembly is not in session, prior to adopting the fee, and within the budget authorized by the Legislative Assembly as the budget may be modified by the Emergency Board, the fee established under subsection (3) of this section may not exceed the cost of abstracting and compiling the records.

      (5) The office may specify by rule the form in which the records are to be submitted. If the form adopted by rule requires conversion from the form regularly used by a hospital, reasonable costs of such conversion shall be paid by the office.

      (6) Abstract records must include a patient identifier that allows for the statistical matching of records over time to permit public studies of issues related to clinical practices, health service utilization and health outcomes. Provision of such a patient identifier must not allow for identification of the individual patient.

      (7) In addition to the records required in subsection (1) of this section, the office may obtain abstract records for each patient that identify specific services, classified by International Classification of Disease Code, for special studies on the incidence of specific health problems or diagnostic practices. However, nothing in this subsection shall authorize the publication of specific data in a form that allows identification of individual patients or licensed health care professionals.

      (8) The office may provide by rule for the submission of records for enrollees in a health maintenance organization from a hospital associated with such an organization in a form the office determines appropriate to the office’s needs for such data and the organization’s record keeping and reporting systems for charges and services. [Formerly 442.355; 1991 c.703 §7; 1993 c.754 §7; 1995 c.727 §23; 1997 c.683 §19; 1999 c.581 §2; 2007 c.71 §128]

 

      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 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” means a program or activity that provides treatment or promotes health and healing in response to an identified community need. “Community benefit” includes:

      (a) Charity care;

      (b) Losses related to Medicaid, Medicare, State Children’s Health Insurance Program or other publicly funded health care program shortfalls;

      (c) Community health improvement services;

      (d) Research;

      (e) Financial and in-kind contributions to the community; and

      (f) Community