2021 Oregon Revised Statutes
Chapter 414 - Medical Assistance
Section 414.351 - Definitions for ORS 414.351 to 414.414.


(1) "Compendia" means those resources widely accepted by the medical profession in the efficacious use of drugs, including the following sources:
(a) The American Hospital Formulary Service drug information.
(b) The United States Pharmacopeia drug information.
(c) The American Medical Association drug evaluations.
(d) Peer-reviewed medical literature.
(e) Drug therapy information provided by manufacturers of drug products consistent with the federal Food and Drug Administration requirements.
(2) "Criteria" means the predetermined and explicitly accepted elements based on compendia that are used to measure drug use on an ongoing basis to determine if the use is appropriate, medically necessary and not likely to result in adverse medical outcomes.
(3) "Drug-disease contraindication" means the potential for, or the occurrence of, an undesirable alteration of the therapeutic effect of a given prescription because of the presence, in the patient for whom it is prescribed, of a disease condition or the potential for, or the occurrence of, a clinically significant adverse effect of the drug on the patient’s disease condition.
(4) "Drug-drug interaction" means the pharmacological or clinical response to the administration of at least two drugs different from that response anticipated from the known effects of the two drugs when given alone, which may manifest clinically as antagonism, synergism or idiosyncrasy. Such interactions have the potential to have an adverse effect on the individual or lead to a clinically significant adverse reaction, or both, that:
(a) Is characteristic of one or any of the drugs present; or
(b) Leads to interference with the absorption, distribution, metabolism, excretion or therapeutic efficacy of one or any of the drugs.
(5) "Drug use review" means the programs designed to measure and assess on a retrospective and a prospective basis, through an evaluation of claims data, the proper utilization, quantity, appropriateness as therapy and medical necessity of prescribed medication in the medical assistance program.
(6) "Intervention" means an action taken by the Oregon Health Authority with a:
(a) Prescriber or pharmacist to inform about or to influence prescribing or dispensing practices; or
(b) Recipient, prescriber or pharmacist to inform about or to influence the utilization of drugs.
(7) "Overutilization" means the use of a drug in quantities or for durations that put the recipient at risk of an adverse medical result.
(8) "Pharmacist" means an individual who is licensed as a pharmacist under ORS chapter 689.
(9) "Prescriber" means any person authorized by law to prescribe drugs.
(10) "Prospective program" means the prospective drug use review program described in ORS 414.369.
(11) "Retrospective program" means the retrospective drug use review program described in ORS 414.371.
(12) "Standards" means the acceptable prescribing and dispensing methods determined by compendia, in accordance with local standards of medical practice for health care providers.
(13) "Therapeutic appropriateness" means drug prescribing based on scientifically based and clinically relevant drug therapy that is consistent with the criteria and standards developed under ORS 414.351 to 414.414.
(14) "Therapeutic duplication" means the prescribing and dispensing of two or more drugs from the same therapeutic class such that the combined daily dose puts the recipient at risk of an adverse medical result or incurs additional program costs without additional therapeutic benefits.
(15) "Underutilization" means that a drug is used by a recipient in insufficient quantity to achieve a desired therapeutic goal. [2011 c.720 §1; 2015 c.467 §5]
Note: 414.351 to 414.414 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 414 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 11 - Juvenile Code, Human Services

Chapter 414 - Medical Assistance

Section 414.018 - Legislative intent; findings.

Section 414.025 - Definitions for ORS chapters 411, 413 and 414.

Section 414.033 - Expenditures for medical assistance authorized.

Section 414.034 - Acceptance of federal billing, reimbursement and reporting forms.

Section 414.041 - Simplified application process; outreach and enrollment.

Section 414.044 - Notice to Department of Veterans’ Affairs of information regarding applications for health care coverage by uniformed service members and veterans; rules.

Section 414.065 - Determination of health care and services covered; quality measures; reimbursement; cost sharing; payments by Oregon Health Authority as payment in full; rules.

Section 414.066 - Billing patient for services covered by medical assistance prohibited.

Section 414.067 - Coordinated care organization assumption of costs; reports to Legislative Assembly.

Section 414.071 - Timely payment for dental services.

Section 414.072 - Prior authorization data and reports.

Section 414.075 - Payment of deductibles imposed under federal law.

Section 414.109 - Oregon Health Plan Fund.

Section 414.115 - Medical assistance by insurance or service contracts; rules.

Section 414.117 - Premium assistance for health insurance coverage.

Section 414.125 - Rates on insurance or service contracts; requirements for insurer or contractor.

Section 414.135 - Contracts relating to direct providers of care and services.

Section 414.145 - Implementation of ORS 414.115, 414.125 or 414.135.

Section 414.150 - Purpose of ORS 414.150 to 414.153.

Section 414.152 - Duty of state agencies to work with local health departments.

Section 414.153 - Services provided by local health departments.

Section 414.211 - Medicaid Advisory Committee.

Section 414.221 - Duties of committee.

Section 414.227 - Application of public meetings law to advisory committees.

Section 414.231 - Eligibility for Cover All People program; 12-month continuous enrollment; verification of eligibility.

Section 414.312 - Oregon Prescription Drug Program.

Section 414.314 - Application and participation in Oregon Prescription Drug Program; prescription drug charges; fees.

Section 414.318 - Prescription Drug Purchasing Fund.

Section 414.320 - Rules.

Section 414.325 - Prescription drugs; use of legend or generic drugs; prior authorization; rules.

Section 414.326 - Supplemental rebates from pharmaceutical manufacturers.

Section 414.327 - Electronically transmitted prescriptions; rules.

Section 414.328 - Synchronization of prescription drug refills.

Section 414.329 - Prescription drug benefits for certain persons who are eligible for Medicare Part D prescription drug coverage; rules.

Section 414.330 - Legislative findings on prescription drugs.

Section 414.332 - Policy for Practitioner-Managed Prescription Drug Plan.

Section 414.334 - Practitioner-Managed Prescription Drug Plan for medical assistance program.

Section 414.337 - Limitation on rules regarding Practitioner-Managed Prescription Drug Plan.

Section 414.351 - Definitions for ORS 414.351 to 414.414.

Section 414.353 - Committee established; membership.

Section 414.354 - Meetings; advisory committees; public notice and testimony.

Section 414.356 - Executive session.

Section 414.359 - Mental Health Clinical Advisory Group.

Section 414.361 - Committee to advise and make recommendations on drug utilization review standards and interventions; preferred drug list.

Section 414.364 - Intervention approaches.

Section 414.369 - Prospective drug use review program.

Section 414.371 - Retrospective drug use review program.

Section 414.372 - Pharmacy lock-in program; rules.

Section 414.381 - Annual reports; educational materials; procedures to protect confidential information.

Section 414.382 - Requirements for annual report.

Section 414.414 - Use and disclosure of confidential information.

Section 414.426 - Payment of cost of medical care for institutionalized persons.

Section 414.428 - Coverage for American Indian and Alaska Native beneficiaries.

Section 414.430 - Access to dental care for pregnant women; rules.

Section 414.432 - Reproductive health services for noncitizens.

Section 414.500 - Findings regarding medical assistance for persons with hemophilia.

Section 414.510 - Definitions.

Section 414.520 - Hemophilia services.

Section 414.530 - When payments not made for hemophilia services.

Section 414.532 - Definitions for ORS 414.534 to 414.538.

Section 414.534 - Treatment for breast or cervical cancer; eligibility criteria for medical assistance; rules.

Section 414.536 - Presumptive eligibility for medical assistance for treatment of breast or cervical cancer.

Section 414.538 - Prohibition on coverage limitations; priority to low-income women.

Section 414.540 - Rules.

Section 414.550 - Definitions for ORS 414.550 to 414.565.

Section 414.555 - Findings regarding medical assistance for persons with cystic fibrosis.

Section 414.560 - Cystic fibrosis services.

Section 414.565 - When payments not made for cystic fibrosis services.

Section 414.570 - System established.

Section 414.572 - Coordinated care organizations; rules.

Section 414.575 - Community advisory councils.

Section 414.577 - Community health assessment and adoption of community health improvement plan; rules.

Section 414.578 - Community health improvement plan.

Section 414.581 - Tribal Advisory Council established; membership; terms.

Section 414.584 - Meetings of coordinated care organization governing body to be open to public; recording and taking of minutes required.

Section 414.590 - Coordinated care organization contracts; terms and amendments; 60 days’ advance notice; refusal to renew.

Section 414.591 - Coordinated care organization contracts; financial reporting; rules.

Section 414.592 - Requirements for contracts between authority and providers; alignment with behavioral quality health metrics and incentives.

Section 414.593 - Reporting and public disclosure of expenditures by coordinated care organizations.

Section 414.595 - External quality reviews of coordinated care organizations; limits on documentation and reporting requirements.

Section 414.598 - Alternative payment methodologies.

Section 414.605 - Consumer and provider protections.

Section 414.607 - Use and disclosure of member information; access by member to personal health information.

Section 414.609 - Network adequacy; member transfers.

Section 414.611 - Transfer of 500 or more members of coordinated care organization.

Section 414.613 - Discrimination based on scope of practice prohibited; appeals; rules.

Section 414.619 - Coordination between Oregon Health Authority and Department of Human Services.

Section 414.628 - Innovator agents.

Section 414.631 - Mandatory enrollment in coordinated care organization; exemptions.

Section 414.632 - Services to individuals who are dually eligible for Medicare and Medicaid.

Section 414.638 - Metrics and scoring subcommittee; identification of outcome and quality measures and benchmarks.

Section 414.654 - Persons served by prepaid managed care health services organizations; funding of health information technology.

Section 414.655 - Utilization of patient centered primary care homes and behavioral health homes by coordinated care organizations.

Section 414.665 - Traditional health workers utilized by coordinated care organizations; rules.

Section 414.669 - Payment for doula services.

Section 414.686 - Health assessments for foster children.

Section 414.688 - Commission established; membership.

Section 414.689 - Members; meetings.

Section 414.690 - Prioritized list of health services.

Section 414.694 - Commission review of covered reproductive health services.

Section 414.695 - Medical technology assessment.

Section 414.698 - Comparative effectiveness of medical technologies.

Section 414.701 - Commission may not rely solely on comparative effectiveness research.

Section 414.706 - Persons eligible for medical assistance; rules.

Section 414.710 - Services not subject to prioritized list.

Section 414.712 - Health services for certain eligible persons.

Section 414.717 - Palliative care program; rules.

Section 414.719 - Housing navigation services and social determinants of health; rules.

Section 414.723 - Telemedicine services; rules.

Section 414.726 - Requirement to use certified or qualified health care interpreters; reimbursement; rules.

Section 414.735 - Reduction in scope of health services in event of insufficient resources; approval of Legislative Assembly or Emergency Board; notice to providers.

Section 414.743 - Payment to noncontracting hospital by coordinated care organization; rules.

Section 414.755 - Payment for hospital services.

Section 414.756 - Payments to Oregon Health and Science University.

Section 414.760 - Payment for patient centered primary care home and behavioral health home services.

Section 414.762 - Payment for child abuse assessment.

Section 414.764 - Payment for services provided by pharmacy or pharmacist.

Section 414.766 - Behavioral health treatment; rules.

Section 414.767 - Survey of medical assistance recipients regarding experience with behavioral health care and services.

Section 414.770 - Participants in clinical trials.

Section 414.772 - Limits on use of step therapy.

Section 414.780 - Coordinated care organization reporting of data to assess compliance with mental health parity requirements; annual assessment.

Section 414.781 - Fee-for-service reimbursement of co-occurring mental health and substance use disorder treatment services.

Section 414.782 - Reimbursement to ensure access to addiction treatment statewide.

Section 414.805 - Liability of individual for medical services received while in custody of law enforcement officer.

Section 414.807 - Oregon Health Authority to pay for medical services related to law enforcement activity; certification of injury.

Section 414.815 - Law Enforcement Medical Liability Account; limited liability; rules; report.

Section 414.853 - Definitions.

Section 414.855 - Hospital assessment; rates; rules.

Section 414.857 - Reduction in rate required by federal law.

Section 414.863 - Refund of hospital assessment; right to contested case hearing.

Section 414.865 - Audits.

Section 414.867 - Deposit of assessments collected to Hospital Quality Assurance Fund.

Section 414.869 - Establishment of Hospital Quality Assurance Fund.

Section 414.871 - Applicability of hospital assessment.

Section 414.880 - Managed care organization assessment; rate.

Section 414.882 - Refund of managed care organization assessment; right to contested case hearing.

Section 414.884 - Applicability of managed care organization assessment.

Section 414.900 - Hospital assessment; penalties.

Section 414.902 - Managed care organization assessment; penalties.