Rules and Statutes

On June 25, 2026, the Oregon Health Authority (OHA) filed temporary amendments to OAR chapter 333, division 610 pertaining to demonstration of need for long-term care services (Temporary Administrative Order PH 27-2026). OHA is filing a temporary rule to amend the current temporary rules, restoring the previously effective permanent rule language. This action is needed to avoid legal uncertainty and prevent prejudice to applicants and interested parties. On July 22, 2026, OHA received a “Petition to Request Repeal of Temporary Rules Amending OAR Chapter 333, Division 610” from the Oregon Health Care Association. The petition to repeal the temporary rules is likely to succeed, and maintaining previous temporary rules that are likely to be held invalid will seriously prejudice interested parties and applicants because any application or Letter of Intent (LOI) reviewed under the temporary rules may be improperly granted or denied certificates of need. 

OHA will promptly engage in a permanent rulemaking process where proposed new concepts and criteria to demonstrate need for long-term care services can be discussed and developed with community partners. Temporary rules will allow for permanent rulemaking and avoid the serious prejudice associated with rules that OHA finds will likely be held invalid. 

Restoring previous effective permanent rule language is required because certificate of need (CN) rules apply the rules in effect at the time a LOI is filed. Without restoring previous effective rules, applications or LOIs submitted during the temporary rule period would be evaluated under rules that OHA finds are likely to be held invalid based on the petition for repeal received on July 22, 2026. Restoring previous effective rules ensures consistency, protects applicants, and prevents the prejudice identified by the petitioning parties. 

For more details, please see the link to the Temporary Administrative Order, including the Statement of Need and Justification and the full text of the temporary rule below:

• OAR chapter 333, division 610 - Temporary Administrative Order PH 30-2026  
  

If you have any questions or would prefer a hardcopy be sent, please email Mellony Bernal at mellony.c.bernal@oha.oregon.gov.