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Current Proposals:
  • Notice of Amendment of Outpatient Renal Dialysis Facility Rules and Table of Frequency of Water Testing in Oregon Dialysis Facilities, OAR 333-700
  • Notice of Patient Choice and Financial Interest Temporary Rule Language To Be Made Permanent
  • Notice of Patient Choice and Financial Interest Lanugage Change

Notice of Amendment of Outpatient Renal Dialysis Facility Rules, OAR 333-700

The Oregon Health Authority, Public Health Division, Health Care Regulation and Quality Improvement program is proposing amendments to OAR chapter 333, division 700 pertaining to outpatient renal dialysis facilities.  The rule amendments update referenced codes and standards; change some dialysis facility construction requirements; clarify “Table 1:  Required Frequency of Water Testing in Oregon Dialysis Facilities” (OAR 333-700-0120) to resolve conflict between federal and state water testing requirements for home patients; clarify the applicability of OAR 333-700-0130; and modify the OAR 333-700-0017 requirement that the Division conduct an on-site licensing survey in coordination with the State Fire Marshal’s Office to instead mandate an on-site certification survey only when required to do so by Centers for Medicare & Medicaid Services (“CMS”) regulations.   You are being invited to review the proposed rules and to comment on them.

How to Comment 

If you wish to present oral testimony, a public hearing will be held in Portland, Oregon at 800 NE Oregon St, Room 918, on December 18, 2014 at 10:30 a.m.  You may also file written comments before 5:00 p.m. on December 24, 2014 to the Public Health Division Rules Coordinator at the following address: 

OHA, Public Health Division
Brittany Sande, Administrative Rules Coordinator
800 NE Oregon Street, Suite 930
Portland, Oregon 97232 

E-mail comments to: brittany.a.sande@state.or.us 

You may also send comments by fax to (971) 673-1299. 

Final rules will be filed after consideration of all comments.  

If you have any questions or would prefer a hardcopy be sent, please contact Mellony Bernal at 971-673-3152 or mellony.c.bernal@state.or.us.

Rulemaking Documents

Notice of Patient Choice and Financial Interest
Temporary Rule Language To Be Made Permanent

The Oregon Health Authority needs to amend this rule to set forth the form and manner for health practitioners to provide notice of patient choice related to referrals for diagnostic tests, health care services or treatment The proposed rule provides for written or oral notice of patient choice at the time the patient establishes care and that notice must also be posted in a conspicuous place.  The rule sets forth the information that must be provided. When health practitioners choose to provide notice at the time of referral, the rule sets forth the information that the practitioner must provide.  Practitioners must document all oral notices. Implementation of this rule will ensure that health care consumers are aware of their right to choose care providers.

You are being invited to review and comment on the proposed rules.

How to Comment

If you wish to present oral testimony, a public hearing will be held in Portland, Oregon, at 800 NE Oregon Street, Room 618, on December 16, 2014 at 1:00 p.m.

You may also file written comments before 5:00 p.m. on December 22, 2014 by submitting them to the Public Health Division Rules Coordinator at the following address:

OHA, Public Health Division
Brittany Sande, Administrative Rules Coordinator
800 NE Oregon Street, Suite 930
Portland, Oregon 97232

E-mail comments to: brittany.a.sande@state.or.us 

You may also send comments by fax to (971) 673-1299. Final rules will be filed after consideration of all comments.  

Rulemaking Documents

For more details, please see the Notice of Proposed Rulemaking Hearing, Statement of Need and Fiscal Impact, and full text of the proposed rules below:


Notice of Patient Choice and Financial Interest
Language Change

The Oregon Health Authority (Authority), Public Health Division temporarily amended OAR 333-072-0215 on July 28, 2014 pertaining to requirements for notification of patient choice. By temporarily amending OAR 333-072-0215, the agency is able to reconsider the requirement to provide notification of patient choice every time a referral is made outside of an emergency department or in-patient setting. Additionally, this temporary amendment allows the Authority ample time to convene another Rules Advisory Committee to revisit the notification requirements.

After further review, it was noticed that the language in regards to how the notice was given was not clear. The Authority has re-filed temporary changes to OAR 333-072-0215 in order to add "or oral" under OAR 333-072-0215(3).

This rulemaking is effective through January 24, 2015.

Temporary Rule Amendment Documents