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Rulemaking Activity

Status of Rulemaking

The Health Facility Licensing & Certification Program (HFLC) is responsible for regulating certain types of non-long term care health care facilities and agencies.

Regulated health care facilities may be subject to various Codes of Federal Regulations, Oregon Revised Statutes, and Oregon Administrative Rules.

Changes to Rules

This page documents what, if any, changes the agency is considering to its current Oregon Administrative Rules. It includes any temporary rules that have been filed to address an immediate need, which can be in effect for up to 180 days. Additional information about specific rulemaking activities is provided below.

On this page:

Temporary Rules

Notice of Temporary Rulemaking: OAR 333-501-0055, 333-505-0030, 333-505-0033 and 333-505-0055 - Patient Access to Support Persons while in the Hospital

The Oregon Health Authority (Authority) is responding to passage of SB 1606 during the 2020 1st Special Session. In response to the COVID-19 pandemic, many Oregon hospitals revised their visitor policies in order to help protect the health of patients, providers, and staff. The Authority is amending rules to require hospitals to develop a policy regarding patients with disabilities rights to designate support persons and allow a support person to be present with the patient while in the hospital. A hospital is required to post the policy at entry points to the hospital and on the hospital's website. Temporary adoption of these rules will ensure that persons with disabilities are informed of their rights to certain accommodations including receiving support with their care and communicating and managing healthcare decisions.

These rules are effective August 1, 2020 through January 24, 2021, or until superseded by permanent rulemaking.

For more details, please see the following link for the Temporary Administrative Order including the Statement of Need and Justification and the full text of the temporary rules.

Temporary Rules

Notice of Temporary Rulemaking: OAR 333-275-1000 and 1010 - "Hemodialysis Technician Provisional Certification and Emergency Certification During Declared Emergency"

The Oregon Health Authority (Authority) is responding to an outbreak of the emerging disease called “COVID-19” caused by a novel strain of coronavirus named “SARS-CoV-2” which was detected in the United States, January 20, 2020. As of April 9, 2020, there are 1,321 cases in Oregon with the number of cases growing daily. In response to the U.S. Department of Health and Human Services’ Secretary’s public health emergency declaration on January 31, 2020 and the President's declared emergency on March 13, 2020, the federal Centers for Medicare and Medicaid Services (CMS) have issued waivers specific to CMS requirements including a waiver for patient care dialysis technician certification due to the limited availability and closure of testing sites.

Adoption of temporary rules OAR 333-275-1000 and 333-275-1010 will give flexibility to certified hemodialysis technicians to provide appropriate and necessary services during the COVID-19 declared emergency; extend the expiration date of a second provisional certificate for the duration of the declared emergency; and will allow the Authority to provide emergency certification of hemodialysis technicians currently certified in another state.

These rules are effective April 10, 2020 through October 6, 2020, or until they are suspended when the Governor terminates the declaration of emergency issued on March 8, 2020.

For more details, please see the following link for the Temporary Administrative Order including the Statement of Need and Justification and the full text of the temporary rules.

Questions may be directed to: mellony.c.bernal@state.or.us.

Temporary Rules

Notice of Temporary Rulemaking: OAR 333-003-1050, "Waiver of OARs Based on Federal Acute Care Waivers or Other Emergency Orders or Proclamations"

The Oregon Health Authority (Authority) is responding to an outbreak of the emerging disease called “COVID-19” caused by a novel strain of coronavirus named “SARS-CoV-2” which was detected in the United States, January 20, 2020. As of April 6, 2020, there are 1,132 cases in Oregon with the number of cases growing daily. In response to the U.S. Department of Health and Human Services' Secretary’s public health emergency declaration on January 31, 2020 and the President's declared emergency on March 13, 2020, the federal Centers for Medicare and Medicaid Services (CMS) have issued waivers specific to CMS requirements.

Temporary adoption of OAR 333-003-1050 will give flexibility to licensed health care facilities, home health agencies, hospice, ambulance service agencies, EMS providers and hemodialysis technicians to provide appropriate and necessary services during the COVID-19 declared emergency that is in alignment with waivers issued by the federal Centers for Medicare and Medicaid Services (CMS) and other emergency orders or declarations issued by the Governor. 

This rule is effective April 10, 2020 through October 6, 2020 or until they are suspended when the Governor terminates the declaration of emergency issued on March 8, 2020. 

For more details, please see the following link for the Temporary Administrative Order including the Statement of Need and Justification and the full text of the temporary rule. 

Questions may be directed to: mellony.c.bernal@state.or.us 

Proposed Rulemaking Notices

Notice of Permanent Rulemaking - OAR 333-003-1050 - Waiver of OARs Based on Federal Acute Care Waivers or Other Emergency Orders or Proclamations

On January 31, 2020, the Secretary of the U.S. Department of Health and Human Services' (DHHS) Secretary's declared a public health emergency, and on March 13, 2020, the President of the United States declared an emergency, allowing the Centers for Medicare and Medicaid Services (CMS) to issue §1135 Waivers. This type waiver allows health care facilities and providers to deliver health items and services to patients and clients and seek reimbursement if providers cannot comply with specific regulatory requirements due to the emergency circumstances.

The Oregon Health Authority (Authority), Public Health Division, Health Care Regulation and Quality Improvement Program is proposing to amend and make permanent this rule, which was adopted as a temporary rule on April 10, 2020, that will ensure that any Oregon Administrative Rule that is inconsistent with an §1135 waiver issued by CMS is suspended while that §1135 waiver is in effect. This rule reduces any barriers that would prevent facilities and providers from providing timely, appropriate and necessary services in an emergency declared by the President and Secretary of DHHS and when CMS issues an §1135 Waiver.

The public is invited to review and comment on the proposed amended permanent rules. Written comments may be submitted before 5:00 p.m. on September 21, 2020 to the Public Health Division Rules Coordinator at the following address:

OHA, Public Health Division
Heather Owens, Administrative Rules Coordinator
800 NE Oregon Street, Suite 930
Portland, Oregon 97232

Comments may also be E-mailed to: publichealth.rules@state.or.us or by fax to (971) 673-1299.

Amended rules will be filed after consideration of all comments in order to go into effect upon expiration of the current temporary rule.

Please see the link below for the Statement of Need and Justification and the full text of the permanent rule:

Questions: Contact Mellony Bernal at mellony.c.bernal@dhsoha.state.or.us

Notice of Permanent Rulemaking - OAR 333-027-0005, 0015, 0040, 0090, 0100, 0110, 0120 & 0130 - Authorized Practitioners for Home Health Plan of Care

The Oregon Health Authority (Authority), Public Health Division, Health Care Regulation and Quality Improvement Program is proposing to amend administrative rules in Division 27 relating to "Authorized Practitioners for Home Health Plan of Care" to align with amended federal CMS regulations and 2017 Oregon Laws, chapter 356, §71. These amendments reduce barriers that would prevent facilities and providers from providing, timely, appropriate and necessary services.

The public is invited to review and comment on the proposed amended rules. Persons who wish to present oral testimony may do so at a public hearing scheduled on September 16, 2020 at 11:00 a.m. via conference call. To provide oral testimony during this hearing, please call 1-877-848-7030 and enter access code 2030826 when prompted.

Written comments may also be submitted before 5:00 p.m. on September 21, 2020 by submitting them to the Public Health Division Rules Coordinator at the following address:

OHA, Public Health Division
Heather Owens, Administrative Rules Coordinator
800 NE Oregon Street, Suite 930
Portland, Oregon 97232

Comments may also be E-mailed to: publichealth.rules@state.or.us or sent by fax to (971) 673-1299.

Final Rules will be filed after consideration of all comments.

Please see the link below for the Statement of Need and Justification and the full text of the permanent rule:

Questions: Contact Mellony Bernal at mellony.c.bernal@dhsoha.state.or.us

Notice of Permanent Rulemaking - OAR 333-275-1000 & 1010 - Hemodialysis Technician Provisional Certification and Emergency Certification during Declared Emergency

The Oregon Health Authority, Public Health Division, Health Care Regulation and Quality Improvement Program is proposing to permanently adopt OARs 333-275-1000 and 333-275-1010 to allow the Authority, during a declared emergency, to extend the expiration date of a provisional hemodialysis certification and to issue a short-term emergency certification to a hemodialysis technician licensed or certified in another state.

The Oregon Health Authority (Authority) continues to respond to the outbreak of COVID-19 caused by a novel strain of coronavirus named “SARS-CoV-2". As of August 17, 2020, there are 23,451 cases in Oregon, and the number of cases continues to grow daily. It is estimated that the state will continue to need to manage this outbreak for an additional 18-24 months while the medical industry works to identify reliable treatment and prevention strategies. In order to prepare for the potential surge of additional cases and hospitalizations that may impact the current hemodialysis workforce, the Authority is proposing to make permanent these rules that:

  1. Extend the expiration date of a provisional hemodialysis certification; and
  2. Allow available hemodialysis technicians who are licensed or certified in another state to obtain a short-term emergency certification to practice as a hemodialysis technician in Oregon.

The public is invited to review and comment on the proposed amended rules in writing before 5:00 p.m. on September 21, 2020 by submitting them to the Public Health Division Rules Coordinator at the following address:

OHA, Public Health Division
Heather Owens, Administrative Rules Coordinator
800 NE Oregon Street, Suite 930
Portland, Oregon 97232

Comments may also be E-mailed to: publichealth.rules@state.or.us or sent by fax to (971) 673-1299.

Final rules will be filed after consideration of all comments to be effective upon expiration of the current temporary rules on October 6, 2020.

Please see the link below for the Statement of Need and Justification and the full text of the permanent rule:

Questions: Contact Mellony Bernal at mellony.c.bernal@dhsoha.state.or.us

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