(2)(a) The percentage of qualified inpatient revenue for the first year in which a hospital is granted a waiver under subsection (1) of this section may not be less than 60 percent.
(b) The percentage in paragraph (a) of this subsection shall be increased by five percentage points in each succeeding hospital fiscal year until the percentage of qualified inpatient revenue equals or exceeds 75 percent.
(3) As used in this section:
(a) "Qualified inpatient revenue" means revenue earned from public and private payers for inpatient hospital services approved by the authority pursuant to rules, including:
(A) Revenue earned pursuant to Title XVIII, United States Social Security Act, when such revenue is based on diagnostic related group prices that include capital-related expenses or other risk-based payment programs as approved by the authority;
(B) Revenue earned pursuant to Title XIX, United States Social Security Act, when such revenue is based on diagnostic related group prices that include capital-related expenses;
(C) Revenue earned under negotiated arrangements with public or private payers based on all-inclusive per diem rates for one or more hospital service categories;
(D) Revenue earned under negotiated arrangements with public or private payers based on all-inclusive per discharge or per admission rates related to diagnostic related groups or other service or intensity-related measures;
(E) Revenue earned under arrangements with one or more health maintenance organizations; or
(F) Other prospectively determined forms of inpatient hospital reimbursement approved in advance by the authority in accordance with rules.
(b) "Percentage of qualified inpatient revenue" means qualified inpatient revenue divided by total gross inpatient revenue as defined by administrative rule of the authority.
(4)(a) The authority shall hold a hearing to determine the cause if any hospital granted a waiver pursuant to subsection (1) of this section fails to reach the applicable percentage of qualified inpatient revenue in any subsequent fiscal year of the hospital.
(b) If the authority finds that the failure was without just cause and that the hospital has undertaken projects that, except for the provisions of this section, would have been subject to ORS 442.325, the authority shall impose one of the penalties outlined in paragraph (c) of this subsection.
(c)(A) A one-time civil penalty of not less than $25,000 or more than $250,000; or
(B) An annual civil penalty equal to an amount not to exceed 110 percent of the net profit derived from such project or projects for a period not to exceed five years.
(5) Nothing in this section shall be construed to permit a hospital to develop a new inpatient hospital facility or provide new services authorized by facilities defined as "long term care facility" under ORS 442.015 under a waiver granted pursuant to subsection (1) of this section. [1985 c.747 §35; 1987 c.660 §9; 1991 c.470 §18; 1995 c.727 §41; 2009 c.595 §753; 2013 c.1 §65]
Note: 442.342 was enacted into law by the Legislative Assembly and added to or made a part of ORS chapter 442 by legislative action but not to any series therein. See Preface to Oregon Revised Statutes for further explanation.
Structure 2021 Oregon Revised Statutes
Section 442.015 - Definitions.
Section 442.310 - Findings and policy.
Section 442.315 - Certificate of need; rules; fees; appeals; enforcement; exceptions.
Section 442.342 - Waiver of requirements; rules; penalties.
Section 442.344 - Exemptions from requirements.
Section 442.347 - Rural hospital required to report certain actions.
Section 442.361 - Definitions for ORS 442.361, 442.362 and 442.991.
Section 442.370 - Ambulatory surgery and inpatient discharge abstract records; rules; fees.
Section 442.372 - Definitions for ORS 442.372 and 442.373.
Section 442.373 - Health care data reporting by health insurers; rules.
Section 442.385 - Definitions.
Section 442.386 - Health Care Cost Growth Target program established; rules.
Section 442.394 - Acceptance by facilities as payment in full.
Section 442.396 - Attestation of compliance by insurers; rules.
Section 442.405 - Legislative findings and policy.
Section 442.425 - Financial reporting systems.
Section 442.430 - Investigations; confidentiality of data.
Section 442.450 - Exemption from cost review regulations.
Section 442.463 - Annual utilization report; contents; approval; rules.
Section 442.470 - Definitions for ORS 442.470 to 442.507.
Section 442.480 - Rural Health Care Revolving Account.
Section 442.485 - Responsibilities of Office of Rural Health.
Section 442.495 - Responsibilities of council.
Section 442.500 - Technical and financial assistance to rural communities.
Section 442.502 - Determination of size of rural hospital.
Section 442.503 - Eligibility for economic development grants.
Section 442.505 - Technical assistance to rural hospitals.
Section 442.507 - Assistance to rural emergency medical service systems.
Section 442.520 - Risk assessment formula; relative risk of rural hospitals.
Section 442.561 - Certifying individuals licensed under ORS chapter 679 for tax credit.
Section 442.562 - Certifying podiatrists for tax credit.
Section 442.563 - Certifying certain individuals providing rural health care for tax credit.
Section 442.564 - Certifying optometrists for tax credit.
Section 442.566 - Certifying emergency medical services providers for tax credit.
Section 442.570 - Primary Care Services Fund; matching funds.
Section 442.601 - Definitions.
Section 442.602 - Community benefit reporting; rules.
Section 442.610 - Notice of financial assistance policies.
Section 442.612 - Definitions.
Section 442.614 - Requirements for financial assistance policies.
Section 442.624 - Establishment of community benefit spending floor; rules.
Section 442.630 - Community health needs assessment and three-year strategy; public participation.
Section 442.700 - Definitions for ORS 442.700 to 442.760.
Section 442.705 - Legislative findings; goals.
Section 442.715 - Authorized practices under approved cooperative program.
Section 442.720 - Board of governors for cooperative program.
Section 442.725 - Annual report of board of governors.
Section 442.730 - Review and evaluation of report; modification or revocation of order of approval.
Section 442.735 - Complaint procedure.
Section 442.740 - Powers of director over action under cooperative program.
Section 442.750 - Status of actions under cooperative program; effect on other liability.
Section 442.755 - Rules; costs; fees.
Section 442.819 - Definitions for ORS 442.819 to 442.851.
Section 442.820 - Oregon Patient Safety Commission.
Section 442.825 - Funds received by commission.
Section 442.830 - Oregon Patient Safety Commission Board of Directors.
Section 442.835 - Appointment of administrator.
Section 442.837 - Oregon Patient Safety Reporting Program.
Section 442.839 - Commission as central patient safety organization.
Section 442.844 - Patient safety data; use; disclosure.
Section 442.846 - Patient safety data not admissible in civil actions.
Section 442.851 - Limit on amounts collected to fund Oregon Patient Safety Reporting Program.
Section 442.853 - Legislative findings.
Section 442.854 - Definitions.
Section 442.855 - Oregon Health Care Acquired Infection Reporting Program established; rules.
Section 442.856 - Health Care Acquired Infection Advisory Committee established.
Section 442.860 - Comprehensive system of maternity care.
Section 442.870 - Emergency Medical Services Enhancement Account; distribution of moneys in account.
Section 442.991 - Civil penalties for failure to report proposed capital projects.
Section 442.993 - Civil penalties for failure to report health care data.