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Rulemaking Activity

HCRQI Rulemaking Activity

Information relating to rulemaking actions by the Health Care Regulation and Quality Improvement section can be accessed below and includes information on current Rule Advisory Committees (RACs) in progress or recently completed, and information on how a person or community affected by our regulatory functions may apply to serve on a Rule Advisory Committee (RAC). RACs are an important process that allow members of the public and communities to provide input and suggestions during the development of new rules or amending current rules. 

The following rules have been recently adopted or amended. Copies of the Hearing's Officer Reports are available on the webpage - Laws and Rules Governing the Public Health Division:

  • Demonstration of Need for Acute Inpatient Beds and Psychiatric Hospitals (Certificate of Need) - Amending requirements for the analysis of information an applicant must provide to demonstrate need for acute inpatient beds and psychiatric inpatient beds. 
  • Physical Environment - Rules were amended to address project review requirements for new construction or rennovations and the physical environment standards for health care facilities.


NOTICE OF TEMPORARY RULEMAKING - OAR chapter 333, division 610 – “Demonstration of Need for Long-Term Care Services”

On June 25, 2026, the Oregon Health Authority (OHA) filed temporary amendments to OAR chapter 333, division 610 pertaining to demonstration of need for long-term care services (Temporary Administrative Order PH 27-2026). OHA is filing a temporary rule to amend the current temporary rules, restoring the previously effective permanent rule language. Restoring previous effective permanent rule language is required because certificate of need (CN) rules apply the rules in effect at the time a LOI is filed. Without restoring previous effective rules, applications or LOIs submitted during the temporary rule period would be evaluated under rules that OHA finds are likely to be held invalid based on a petition for repeal received on July 22, 2026. Restoring previous effective rules ensures consistency, protects applicants, and prevents the prejudice identified by the petitioning parties. The OHA will promptly engage in a permanent rulemaking process where proposed new concepts and criteria to demonstrate need for long-term care services can be discussed and developed with community partners.  

These temporary rules are effective August 14, 2026 through December 21, 2026. 

​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:
​

Notice of Proposed Permanent Rulemaking: OAR chapter 333, division 035 – “Hospice Program Licensure Requirements”

The Oregon Health Authority (OHA), Public Health Division, Health Care Regulation and Quality Improvement section is amending and adopting administrative rules in OAR chapter 333, division 035 in response to the passage of SB 1575 (2026 OL ch.133).  The intent of this legislation was to address the growing concerns surrounding the increasing corporate and private equity ownership of hospice providers by establishing stronger safeguards that protect vulnerable patients, preserve access to high-quality and compassionate end-of-life care, prevent profit-driven reductions in staffing and services, and deter practices that prioritize financial gain over patient needs. The legislation also sought to align Oregon's oversight and protections with those adopted in neighboring states to help ensure that hospice care remains focused on dignity, comfort, and patient well-being. 

These rules amend requirements for licensing hospice programs including requiring the adoption of fees in rule; criminal records check requirements for administrators, medical directors, and persons with direct ownership; applicant disclosure of negative performance history in Oregon or other states; minimum qualification requirements for the administrator and medical director; criteria for denying a license application; and modifies definitions for the purpose of geographic restrictions if a hospice program is seeking a waiver. The proposed fee increase will support expanded licensing processes including revising forms and material; training staff; providing education and training to new and existing applicants; review of an applicant's negative performance history; review of new qualification requirements for administrators and medical directors; conducting new criminal background check requirements for administrators, medical directors and persons with 5% or more ownership interest; reviewing data submitted to the Centers for Medicare and Medicaid Services for the Consumer Assessment of Health Care Providers and Systems (CAHPS) hospice survey; increased Department of Justice (DOJ) fees; and a prorated share of costs to support and maintain the on-line licensing database, including a mechanism for online payment benefiting both providers and the hospice program.  The proposed fee increase incorporated feedback from Rule Advisory Committee members in terms of both amounts and distribution by hospice agency size. This feedback focused on the importance of quality care balanced with the needs of ensuring the availability of hospice care in rural Oregon.

Additional rule changes related to program improvement include notification requirements if a hospice program intends to permanently discontinue providing services in response to recommendations after the closure of multiple health care facilities.

For more details, including a summary of each rule, 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:
You are invited to review and comment on the proposed rules. There are two (2) options to provide comment:

1. You may provide oral (spoken) testimony during a public hearing scheduled on Monday, November 23, 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 532 713 474#
​​​​2. Written comments may be submitted before 5:00 P.M. Pacific Time on November 23, 2026:
  • Mail comments* to:
​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 November 23, 2026.

  • Send comments by fax to 971-673-1299
Final rules will be filed after consideration of all comments. 

If you have questions or would like a paper copy of the Notice of Proposed Rulemaking, please contact Mellony Bernal at mellony.c.bernal@oha.oregon.gov. 
​



The following rulemaking advisory committees ​(RACs) are either in the recruitment phase, currently active, or have been completed. RAC meetings are not sub​ject to the public meetings law. Members of the public may attend in person or virtually to listen to the dialogue but may not par​ticipate or offer public comment during the meeting. Members of the public may submit comments or questions at the conclusion of the RAC meeting to mellony.c.bernal@oha.oregon.gov​ and information will be shared with appropriate staff and RAC members. After the RAC process has​ concluded, information will be posted under "Proposed Rules Out for Public Comment​" including time and location of public hearing and deadline for providing oral or written comments.

​

Active Rulemaking Advisory Committees 


OAR 333-035 - SB 1575 Hos​pice Licensure RAC

The HCRQI section is convening this Rulemaking Advisory Committee (RAC) in response to passage of SB 1575 (2026 OL ch. 133). This RAC will review proposed changes to licensing requirements for a hospice program. The R​​AC process has concluded and proposed permanent rules have been posted for public comment.

Meeting date(s), agenda and meeting notes (the virtual meeting link can be found on the agenda)

OAR 333-610 - Certificate of Need for Long-Term Care Capacity RAC
The Certificat of Need (CN) program is convening this RAC to review proposed changes to rules relating to demonstrating need for long-term care services. Changes are necessary to allow the CN program to adequately evaluate CN applications using relevant data, metho​ds, and timelines. The RAC member application process has closed.
​Meeting date(s), agenda and meeting notes
  • ​September 15, 2026 ​​| 9-12:00 p.m. | AGENDA  ​​- MINUTES
  • September 24, 2026 | 9-12:00 p.m. | AGENDA​ - MINUTES​
  • October 21, 2026 | 9-11:00 a.m. | AGENDA​ - 


​Completed​ Rulemaking Advisory Committees


​Certificate of Need (CN) Rulemaking Advisory Committee 

​This Rulemaking Advisory Committee (RAC) was convened to review amendments to OAR chapter 333, divisions 590 and 615 rules, so that the CN Program could adequately evaluate a CN application using relevant data, methods, and timelines. The RAC reviewed  temporary rules filed in October 2025 and identified additional changes needed. RAC meetings concluded in February, 2026 and permanent rules were filed on April 17, 2026 (see the tab 'Recently Filed New and Amended Rules.)

​S​B 537 - Workplace Violence Prevention Safety Requirements in Healthcare Settings

This RAC was convened to consider proposed administrative rules relating to sections 8 through 13 of SB 537.​ RAC meetings have concluded and permanent rules filed on January 29, 2026 (see the tab 'Recently Filed New and Amended Rules.)  

Birthing Center Rule Advisory Committee 

This RAC reviewed proposed amendments to the licensing requirements for a freestanding birthing center. RAC meetings were held between May 2019 and June 2024. A community meeting was held in November 2024. Permanent rules​ were filed on November 3, 2025.​ ​

​​​​Health Care Regulation and Quality Improvement Rulemaking Advisory Committee Community Participation ​


The Health Care Regulation and Quality Improvement (HCRQI) section is seeking persons and communities who would be affected by administrative rules relating to any of HCRQIs regulatory functions and who would be interested in serving on a rulemaking advisory committee (RAC).

RACs are an important process that allow members of the public and communities to provide input and suggestions during the development of new administrative rules, amending or repealing existing rules, and identifying the potential fiscal impact on small business as well as the effect on racial equity in Oregon. Diverse opinions and viewpoints are an important part of the rulemaking process.

The following is a list of administrative rules pertaining to the regulatory and licensing functions of programs within HCRQI. Persons interested in serving on future RACs relating to any of these topics are encouraged to complete the RAC Interest Application Form. Applications will be saved and applicants contacted when future RACs are convened.


Regulatory programs:
  • Ambulatory surgery centers (OAR 333-076)
  • Caregiver registries (OAR 333-540)
  • Certificate of need (OAR 333-545 through 333-670)
  • Extended stay centers (OAR 333-076)
  • Freestanding birthing centers (OAR 333-076)
  • Health care practitioner referral (OAR 333-072)
  • Hemodialysis technician certification (OAR 333-275)
  • Home health agencies (OAR 333-027)
  • Hospice programs (OAR 333-035)
  • Hospitals (OAR 333-500 through 333-535)
  • In-home care agencies (OAR 333-536)
  • Non-transplant anatomical research recovery organizations (OAR 333-081)
  • Outpatient renal dialysis facilities (OAR 333-700)
  • Project plans and construction review for health care facilities, residential care, and assisted living facilities (OAR 333-675)
  • Special inpatient care facilities (OAR 333-071)
  • Organ procurement organizations, tissue banks, eye banks registries (OAR 333-080)