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Rules and Statutes

Certificate of Need Rules and Statutes

Temporary Rules Currently in Place

OAR chapter 333, division 550 – Projects and Proposals Subject to Certificate of Need Review
The Oregon Health Authority (OHA) is temporarily amending OAR 333-550-0010 relating to projects and proposals subject to Certificate of Need (CN) review. The proposed amendment specifies that changes in health services that include the transfer of health services within the same service area (as defined in OAR 333-590-0040), within the same health system, after the closure of one hospital, and that do not result in a substantial increase in services, do not meet the statutory definition for a "new hospital", and therefore, are not subject to Certificate of Need review. This amendment will allow OHA to preserve services in a community where the closure of a hospital would otherwise result in reduced access to critical specialty care. 

This temporary rule is effective September 21, 2023 through March 18, 2024.

OAR chapter 333, division 590 – Demonstration of Need for Acute Inpatient Beds and Facilities
The Oregon Health Authority (OHA) is temporarily amending OAR 333-590-0010 through 0060 relating to the analysis of information an applicant must provide to OHA to demonstrate the need for a hospital. These amendments are necessary to be able to adequately evaluate a Certificate of Need application using relevant data, methods, and timelines. There are currently outdated data references in the rules that direct an applicant to review data outside the window of time relevant to current applicants. Additionally, there are assumptions built into the current rules that direct an applicant to assume a declining use rate for hospitals, and prescribes methodology built on this now inaccurate trend for Oregon’s hospital use rates. Current rules reference studies that are no longer published or relevant to the grant of a Certificate of Need. The Certificate of Need program has received a letter of intent to apply for a Certificate of Need, and prior to the submission of the application, the updated rules need to be in place so current, relevant data, timelines, and methodology can be analyzed and used for purposes of reviewing the application.

This temporary rule is effective May 17, 2023 through November 12, 2023.

Oregon Administrative Rules (OAR)

Chapter 333, Division 545
Purpose, Applicability and Definitions for Certificate of Need
Chapter 333, Division 550
Projects or Proposals Subject to Certificate of Need Review
Chapter 333, Division 555
Certificate of Need Letters of Intent
Chapter 333, Division 560
Abbreviated Certificate of Need Review, Delay of Review, Waiver of Review for Facilities and Expedited Review
Chapter 333, Division 565
Certificate of Need Fees and Civil Penalties
Chapter 333, Division 570
Certificate of Need Review Requirements and Procedures
Chapter 333, Division 575
Monitoring of Implementation and Completion of Projects with Certificate of Need
Chapter 333, Division 580
Certificate of Need Application Instructions and Forms
Chapter 333, Division 585
General Criteria for Demonstration of Need in Certificate of Need Applications
Chapter 333, Division 590
Demonstration of Need for Acute Inpatient Beds and Facilities
Chapter 333, Division 600
Demonstration of Need for 24-Hour Health Facility Inpatient Chemical Dependency Services
Chapter 333, Division 610
Demonstration of Need for Long-Term Care Services
Chapter 333, Division 615
Demonstration of Need for Psychiatric Inpatient Beds
Chapter 333, Division 645
Demonstration of Need for Rehabilitation Services
Chapter 333, Division 670
Reconsideration of Certificate of Need Decision

Oregon Revised Statutes (ORS)

ORS Chapter 442 - Health Planning