Rulemaking Activity

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 There are currently outdated data references in the rules that direct an applicant to review data outside the window of time relevant to current applicants.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.