Certificate of Need Rules and Statutes
Notice of Proposed Rulemaking - OAR 333-590 and 615 - "Demonstration of Need for Acute Inpatient Beds and Psychiatric Hospitals"
The Oregon Health Authority (OHA), Public Health Division, Certificate of Need (CN) Program is proposing to permanently amend OAR 333-590-0000, and permanently adopt, repeal and amend administrative rules in OAR chapter 333, division 615 relating to the analysis of information an applicant must provide to OHA to demonstrate the need for psychiatric inpatient beds.
These rules will make permanent a temporary rulemaking that will expire on April 19, 2026 (Temporary Administrative Order PH 20-2025) and are necessary to be able to continue to adequately evaluate a Certificate of Need application using relevant data, methods, and timelines.
For more details, including a description of each rule's proposed changes, please see the Notice of Proposed Rulemaking, including the Statement of Need and Fiscal and Racial Equity Impacts, and the full text of the proposed rules:
Persons are invited to review and comment on the proposed rules. There are two (2) options to provide comment:
1) Oral (spoken) testimony may be provided during a public hearing scheduled on Wednesday, March 18, 2026, at 11:00 A.M. Pacific Time via video/phone conference using Microsoft Teams.
To provide oral testimony during this hearing:
- Join using the Meeting URL. You can also find the join link for the meeting in the Notice of Proposed Rulemaking under “Remote Meeting Details” using the “Meeting URL."
- You may also contact the Public Health Division Rules Coordinator at publichealth.rules@odhsoha.oregon.gov to sign-up to give oral testimony and receive the link for the Microsoft Teams video conference via calendar appointment.
- To join the hearing via phone (audio/listen only), you may dial 971-277-2343, phone conference ID 116 168 48#
2) Written comments may be submitted before 5:00 P.M. Pacific Time on March 23, 2026:
OHA - Public Health Division
Brittany Hall, Administrative Rules Coordinator
800 NE Oregon St. Suite 930
Portland, OR 97232
*Comments sent by regular mail must be postmarked by 5:00 P.M. Pacific Time on March 23, 2026.
- Send comments by fax to 971-673-1299
Final rules will be filed after consideration of all comments.
Accessibility Statement: For individuals with disabilities or individuals who speak a language other than English, OHA can provide free help. Some examples are sign language and spoken language interpreters, real-time captioning, braille, large print, audio, and written materials in other languages. If you need help with these services, please contact the Public Health Administrative Rules Coordinator at 971-673-1222, 711 TTY or publichealth.rules@odhsoha.oregon.gov. All relay calls are accepted
Notice of Temporary Rulemaking - OAR 333-590 and 615 - "Demonstration of Need for Acute Inpatient Beds and Psychiatric Hospitals"
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.
These temporary rules are effective October 22, 2025 through April 19, 2026.
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:
CN Program Rulemaking Advisory Committee
A CN Program Rulemaking Advisory Committee (RAC) is being convened to consider the temporary rules and whether additional changes are necessary before proceeding with permanent rulemaking. Please go to the following webpage under "Rulemaking Advisory Committees in Progress" for more information.