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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.

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.  

OAR 333-275-1000 & 1010 - Notice of Temporary Rulemaking

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


Proposed Rulemaking Notices

 
None at this time

 

 

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. 

OAR 333-003-1050 - Statement of Need and Justification
OAR 333-003-1050 - Rule Text
OAR 333-003-1050 - Notice of Temporary Rulemaking

 

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

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