ORS 442.361 to 442.362, 442.991
442.361 Definitions for ORS 442.361, 442.362 and 442.991. 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 of gross revenue.
(ii) For type B hospitals, exceeds five percent of gross revenue.
(iii) For DRG hospitals, exceeds 1.75 percent of gross revenue.
(iv) For ambulatory surgery centers, exceeds $2 million.
(B) The purchase or lease of, or other comparable arrangement for, a single piece of diagnostic or therapeutic equipment for which the cost or, in the case of a donation, the value exceeds $1 million. The acquisition of two or more pieces of diagnostic or therapeutic equipment that are necessarily interdependent in the performance of ordinary functions shall be combined in calculating the cost or value of the transaction.
(b) “Capital project” does not include a project financed entirely through charitable fundraising.
(2) “DRG hospital” means a hospital that is not a type A or type B hospital and that receives Medicare reimbursement based upon diagnostic related groups.
(3) “Gross revenue” has the meaning given that term in ORS 442.015.
(4) “Reporting entity” includes the following if licensed pursuant to ORS 441.015:
(a) A type A hospital as described in ORS 442.470.
(b) A type B hospital as described in ORS 442.470.
(c) A DRG hospital.
(d) An ambulatory surgical center as defined in ORS 442.015. [2009 c.595 §1197]
Note: 442.361 and 442.362 were added to and made a part of ORS chapter 442 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
442.362 Reporting of proposed capital projects by hospitals and ambulatory surgical centers. The Office for Oregon Health Policy and Research 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 homepage 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 estimated cost and a means for interested persons to submit comments. When a reporting entity posts the information required under this subsection, the reporting entity must notify the Office for Oregon Health Policy and Research of the posting in the manner prescribed by the office.
(2) If a reporting entity does not have a website, require the reporting entity to publish notice of the proposed capital project in a major newspaper or online equivalent serving the region in which the proposed capital project will be located. The notice must include but is not limited to a report of the community benefit for the project, its estimated cost and a means for interested persons to submit comments. When a reporting entity publishes the information required under this subsection, the reporting entity must notify the Office for Oregon Health Policy and Research of the publication in the manner prescribed by the office.
(3) Establish a publicly available resource for information collected under this section. [2009 c.595 §1198]
Note: See note under 442.361.
442.991 Civil penalties for failure to report proposed capital projects. (1) Any reporting entity that fails to report as required by rules of the Office for Oregon Health Policy and Research adopted pursuant to ORS 442.362 may be subject to a civil penalty.
(2) The Administrator of the Office for Oregon Health Policy and Research shall adopt a schedule of penalties, not to exceed $500 per day of violation, that are based on the severity of the violation.
(3) Civil penalties imposed under this section shall be imposed as provided in ORS 183.745.
(4) Civil penalties imposed under this section may be remitted or mitigated upon such terms and conditions as the administrator considers proper and consistent with the public health and safety.
(5) Civil penalties incurred under any law of this state are not allowable as costs for the purpose of rate determination or for reimbursement by a third-party payer. [2009 c.595 §1199]