(2) Licenses for long term care facilities must be obtained from the Department of Human Services.
(3) Applications shall be upon such forms and shall contain such information as the authority or the department may reasonably require, which may include affirmative evidence of ability to comply with such reasonable standards and rules as may lawfully be prescribed under ORS 441.025.
(4)(a) Each application submitted to the Oregon Health Authority must be accompanied by the license fee. If the license is denied, the fee shall be refunded to the applicant. If the license is issued, the fee shall be paid into the State Treasury to the credit of the Oregon Health Authority Fund for the purpose of carrying out the functions of the Oregon Health Authority under and enforcing ORS 441.015 to 441.087; or
(b) Each application submitted to the Department of Human Services must be accompanied by the application fee or the annual renewal fee, as applicable. If the license is denied, the fee shall be refunded to the applicant. If the license is issued, the fee shall be paid into the State Treasury to the credit of the Department of Human Services Account for the purpose of carrying out the functions of the Department of Human Services under and enforcing ORS 431A.050 to 431A.080 and 441.015 to 441.087.
(5) Except as otherwise provided in subsection (8) of this section, for hospitals with:
(a) Fewer than 26 beds, the annual license fee shall be $1,250.
(b) Twenty-six beds or more but fewer than 50 beds, the annual license fee shall be $1,850.
(c) Fifty or more beds but fewer than 100 beds, the annual license fee shall be $3,800.
(d) One hundred beds or more but fewer than 200 beds, the annual license fee shall be $6,525.
(e) Two hundred or more beds, but fewer than 500 beds, the annual license fee shall be $8,500.
(f) Five hundred or more beds, the annual license fee shall be $12,070.
(6) A hospital shall pay an annual fee of $750 for each hospital satellite indorsed under the hospital’s license.
(7) The authority may charge a reduced hospital fee or hospital satellite fee if the authority determines that charging the standard fee constitutes a significant financial burden to the facility.
(8) For long term care facilities with:
(a) One to 15 beds, the application fee shall be $2,000 and the annual renewal fee shall be $1,000.
(b) Sixteen to 49 beds, the application fee shall be $3,000 and the annual renewal fee shall be $1,500.
(c) Fifty to 99 beds, the application fee shall be $4,000 and the annual renewal fee shall be $2,000.
(d) One hundred to 150 beds, the application fee shall be $5,000 and the annual renewal fee shall be $2,500.
(e) More than 150 beds, the application fee shall be $6,000 and the annual renewal fee shall be $3,000.
(9) For ambulatory surgical centers, the annual license fee shall be:
(a) $1,750 for certified and high complexity noncertified ambulatory surgical centers with more than two procedure rooms.
(b) $1,250 for certified and high complexity noncertified ambulatory surgical centers with no more than two procedure rooms.
(c) $1,000 for moderate complexity noncertified ambulatory surgical centers.
(10) For birthing centers, the annual license fee shall be $750.
(11) For outpatient renal dialysis facilities, the annual license fee shall be $2,000.
(12) The authority shall prescribe by rule the fee for licensing an extended stay center, not to exceed:
(a) An application fee of $25,000; and
(b) An annual renewal fee of $5,000.
(13) During the time the licenses remain in force, holders are not required to pay inspection fees to any county, city or other municipality.
(14) Any health care facility license may be indorsed to permit operation at more than one location. If so, the applicable license fee shall be the sum of the license fees that would be applicable if each location were separately licensed. The authority may include hospital satellites on a hospital’s license in accordance with rules adopted by the authority.
(15) Licenses for health maintenance organizations shall be obtained from the Director of the Department of Consumer and Business Services pursuant to ORS 731.072.
(16) Notwithstanding subsection (4) of this section, all moneys received for approved applications pursuant to subsection (8) of this section shall be deposited in the Quality Care Fund established in ORS 443.001.
(17) As used in this section:
(a) "Hospital satellite" has the meaning prescribed by the authority by rule.
(b) "Procedure room" means a room where surgery or invasive procedures are performed. [Amended by 1957 c.697 §1; 1971 c.650 §19; 1971 c.730 §5; 1973 c.840 §5; 1977 c.284 §4; 1977 c.751 §20a; 1979 c.696 §15; 1987 c.428 §3; 1987 c.918 §7; 1995 c.449 §1; 1997 c.249 §139; 2001 c.100 §2; 2001 c.900 §161; 2009 c.595 §720; 2009 c.792 §§53,53a; 2009 c.828 §84; 2017 c.679 §11; 2018 c.50 §4; 2021 c.97 §54]
Structure 2021 Oregon Revised Statutes
Chapter 441 - Health Care Facilities
Section 441.020 - Application; fees; rules.
Section 441.021 - Additional fees for investigation and compliance activities.
Section 441.025 - License issuance; rules; renewal; disclosure; transfer; posting.
Section 441.026 - Licensing of extended stay centers; rules.
Section 441.037 - Hearings; procedures; judicial review.
Section 441.038 - Additional remedies.
Section 441.044 - Complaints about standard of care in facility; retaliation prohibited; rules.
Section 441.049 - Support persons for patients with disabilities.
Section 441.051 - Discharge of patient to care of lay caregiver.
Section 441.053 - Release of patient presenting with behavioral health crisis.
Section 441.054 - Discharge of patients receiving mental health treatment.
Section 441.055 - Health care facility medical staff and bylaws; rules.
Section 441.056 - Credentialing telemedicine providers; rules.
Section 441.060 - Inspections; approval of plans and specifications; rules; fees.
Section 441.062 - Coordination of inspections; rules.
Section 441.065 - Exemption of certain religious institutions.
Section 441.067 - Inspection reports, complaint procedures and rules; posting.
Section 441.073 - Rules regarding staff ratio in long term care facilities; variances; posting.
Section 441.079 - Eye, organ and tissue transplants.
Section 441.084 - Choice of patient on suppliers of drugs and supplies.
Section 441.086 - Ambulatory surgical centers; rules.
Section 441.087 - General inspection of long term care facility.
Section 441.094 - Denial of emergency medical services because of inability to pay prohibited.
Section 441.096 - Identification badges.
Section 441.099 - Health Licensing Office to ensure compliance with ORS 441.098.
Section 441.101 - Safeguards for protected health information; rules.
Section 441.151 - "Hospital" defined for ORS 441.152 to 441.177.
Section 441.152 - Nurse Staffing Advisory Board.
Section 441.154 - Hospital nurse staffing committee.
Section 441.155 - Written staffing plan for nursing services.
Section 441.156 - Annual review of nurse staffing plan.
Section 441.164 - Variances to staffing plan requirements.
Section 441.165 - Modification of nurse staffing plan in case of emergency or epidemic.
Section 441.166 - Need for replacement staff.
Section 441.168 - Leaving a patient care assignment.
Section 441.169 - Public notice.
Section 441.171 - Complaint investigations.
Section 441.173 - Hospital to maintain records; rules.
Section 441.175 - Civil penalties; suspension or revocation of license; rules; records.
Section 441.177 - Posting of audit reports and civil penalties.
Section 441.179 - Definitions for ORS 441.179 to 441.186.
Section 441.181 - Retaliation prohibited.
Section 441.183 - Remedies for retaliation.
Section 441.184 - Unlawful employment practices; civil action for retaliation.
Section 441.185 - Hospital posting of notice.
Section 441.186 - Rights, privileges or remedies of nursing staff.
Section 441.192 - Notice of employment outside of hospital.
Section 441.221 - Advisory Committee on Physician Credentialing Information; membership; terms.
Section 441.222 - Committee recommendations.
Section 441.223 - Implementation of committee recommendations; rules.
Section 441.277 - Definitions for ORS 441.277 to 441.323.
Section 441.281 - Petition for appointment of trustee; hearing; order.
Section 441.286 - Grounds for appointment of trustee.
Section 441.289 - Powers and duties of trustee.
Section 441.293 - Liability to trustee for goods and services after notice; effect of nonpayment.
Section 441.296 - Liability for rent or contracts.
Section 441.309 - Trustee as public employee.
Section 441.316 - Termination of trust; extension; license revocation.
Section 441.318 - Trustee accounting; deficiencies; lien.
Section 441.331 - Definition of "facility" for ORS 441.331 to 441.341.
Section 441.333 - Appointment of temporary manager.
Section 441.336 - Accounting by temporary manager; deficiencies; lien.
Section 441.338 - Temporary manager as agent of state agency.
Section 441.357 - Definitions for ORS 441.357 to 441.367.
Section 441.402 - Definitions for ORS 441.402 to 441.419.
Section 441.406 - Duties of ombudsman; rules.
Section 441.407 - Procedures to maintain confidentiality.
Section 441.408 - Right of entry into facilities and access to records.
Section 441.409 - Report after investigation; referral to other agencies.
Section 441.411 - Notice of complaint procedures; posting.
Section 441.412 - Immunity of employees.
Section 441.413 - Appointment of designees; qualifications; duties.
Section 441.418 - Appeal to Residential Ombudsman and Public Guardianship Advisory Board.
Section 441.525 - Definitions for ORS 441.525 to 441.595.
Section 441.535 - Procedure to create public authority.
Section 441.540 - Board of directors; rules; conflict of interest; quorum; personnel.
Section 441.550 - General powers.
Section 441.555 - Issuance of revenue obligations; nature of obligation; refunding.
Section 441.595 - Construction of ORS 441.525 to 441.595.
Section 441.600 - Definitions for ORS 441.600 to 441.625.
Section 441.605 - Legislative declaration of rights intended for residents.
Section 441.610 - Nursing home patients’ bill of rights; rules.
Section 441.612 - Additional rights; rules.
Section 441.615 - Powers and responsibilities of department; rules.
Section 441.630 - Definitions for ORS 441.630 to 441.680.
Section 441.637 - Rules; submission of rules to advisory group.
Section 441.640 - Report of suspected abuse of resident required.
Section 441.645 - Oral report to area agency on aging, department or law enforcement agency.
Section 441.655 - Immunity for reporter of abuse.
Section 441.659 - Disclosure of protected health information to law enforcement.
Section 441.660 - Photographing resident; photograph as record.
Section 441.665 - Record of reports; classification of investigation report.
Section 441.671 - Confidentiality of reports; when available.
Section 441.674 - Specified evidentiary privileges inapplicable.
Section 441.676 - Investigation of licensing violations; powers of investigator.
Section 441.679 - Preemployment inquiries; when employment prohibited.
Section 441.685 - Monitors; designation; duties; peer review of facilities.
Section 441.695 - Conduct of investigation.
Section 441.700 - Access to facilities by persons providing services.
Section 441.703 - Complaint file; summary; availability on request.
Section 441.705 - Definitions for ORS 441.705 to 441.745.
Section 441.710 - Civil penalties; when imposed.
Section 441.712 - Notice of civil penalty.
Section 441.715 - Criteria for civil penalties; rules.
Section 441.720 - Remittance or reduction of penalties.
Section 441.726 - Progressive enforcement process.
Section 441.731 - Civil penalties.
Section 441.736 - License conditions.
Section 441.740 - Judicial review.
Section 441.745 - Penalties to Quality Care Fund.
Section 441.755 - Report form; contents.
Section 441.816 - Influenza vaccines for patients 65 years of age or older; rules.
Section 441.990 - Civil and criminal penalties.
Section 441.991 - Civil penalty for violation of ORS 441.098.
Section 441.992 - Civil penalty for violation of ORS 441.048 or 441.049.