Rules and Statutes

The Oregon Health Authority (OHA) is temporarily amending rules in OAR chapter 333, divisions 590 and 615, temporarily suspending OAR 333-615-0020, and temporarily adopting OARs 333-615-0025, 333-615-0035, 333-615-0060, and 333-615-0070 relating to the analysis of information an applicant must provide to OHA to demonstrate the need for psychiatric inpatient beds. 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 There are currently outdated data references in the rules that direct an applicant to review data outside the window of time relevant to current applicants.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 prescribe 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. Prior to the submission of any letter of intent, the updated rules must be in place so current, relevant data, timelines, and methodology can be analyzed and used for purposes of reviewing the application.

OHA intends to make these rule changes permanent through a permanent rulemaking process prior to expiration.

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

If you have any questions or would prefer a hardcopy be sent, please email Matt Gilman at matt.s.gilman@oha.oregon.gov.