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Oregon Bulletin

March 1, 2011

 

Oregon Health Authority,
Office for Oregon Health Policy and Research
Chapter 409

Rule Caption: Pain Management Commission Rules.

Adm. Order No.: OHP 1-2011

Filed with Sec. of State: 1-26-2011

Certified to be Effective: 2-1-11

Notice Publication Date: 1-1-2011

Rules Ren. & Amend: 407-020-0000 to 409-050-0100, 407-020-0005 to 409-050-0110, 407-020-0010 to 409-050-0120, 407-020-0015 to 409-050-0130

Subject: The Office for Oregon Health Policy and Research needs to amend and renumber 407-020-0000 through 407-020-0015. The rule is being moved from Chapter 407 (Administrative Services Division) to Chapter 409 (Office for Oregon Health Policy and Research) to align and update references consistent with agency reorganization. Language has been clarified to show that material is reviewed every two years and updated as needed.

Rules Coordinator: Zarie Haverkate—(503) 373-1574

409-050-0100

Purpose

The Pain Management Commission is established within the Oregon Health Authority for the purpose of developing pain management educational programs, recommendations and curriculum; representing patient concerns to the Governor and Legislative Assembly; and creating ways to improve pain management in Oregon through research, policy analysis, and model projects. In addition, the Pain Management Commission is charged with developing a specific pain management educational program for required completion by health care professionals under specified Licensing Boards.

Stat. Authority: ORS 409.570

Stats. Implemented: ORS 409.500 - 409.570

Hist.: DHSD 1-2007, f. & cert. ef. 2-1-07; Renumbered from 407-020-0000, OHP 1-2011, f. 1-26-11, cert. ef. 2-1-11

409-050-0110

Definitions

For the purposes of this Division 407-020, the following definitions apply:

(1) “Commission” means the Oregon Pain Management Commission.

(2) “Licensed health care professionals” means those specifically identified licensees that report to the following Licensing Boards:

(a) Oregon Board of Medical Examiners, which includes: physicians, physician assistants and acupuncturists (with the exception of those listed under OAR chapter 847.677, identified as waived);

(b) Oregon State Board of Nursing, which includes: all registered nurses, licensed practical nurses and nurse practitioners;

(c) Oregon Board of Psychologist Examiners, which includes: all licensed psychologists;

(d) Oregon Board of Chiropractic Examiners, which includes: all licensed chiropractors;

(e) Oregon Board of Naturopathic Examiners, which includes: all licensed naturopathic physicians; and

(f) Oregon Board of Pharmacy, which includes: all licensed pharmacists.

(3) “Curriculum” means a recommended list of educational topics, compiled by the Commission, for medical professionals treating pain.

(4) “Pain management education program” means a specific one-hour web-based program developed by the Commission, in addition to six accredited hours of continuing education in pain management, end of life care or a combination of both.

Stat. Authority: ORS 409.570

Stats. Implemented: ORS 409.500 - 409.570

Hist.: DHSD 1-2007, f. & cert. ef. 2-1-07; Renumbered from 407-020-0005, OHP 1-2011, f. 1-26-11, cert. ef. 2-1-11

409-050-0120

Commission Positions

(1) The Commission consists of:

(a) Nineteen members -- seventeen voting members and two non-voting ex-officio members from the Oregon legislature; and

(b) Members that have experience or a demonstrated interest in pain management issues.

(2) In order to apply for a position on the Commission, an individual must:

(a) Complete a Commission interest form; and

(b) Submit the interest form to the Pain Management Program.

(3) Voting member appointments to the Commission are:

(a) Made by the Director of the Oregon Health Authority; and

(b) Must comply with the approved Commission bylaws.

(4) Oregon Health Authority staff shall include a Pain Management Coordinator, who shall staff and facilitate Commission meetings, provide daily organization of Commission business and perform other duties as directed by the Commission.

Stat. Authority: ORS 409.570

Stats. Implemented: ORS 409.500 - 409.570

Hist.: DHSD 1-2007, f. & cert. ef. 2-1-07; Renumbered from 407-020-0010, OHP 1-2011, f. 1-26-11, cert. ef. 2-1-11

409-050-0130

Pain Management Education Program Requirements

(1) Licensed health care professionals must complete a pain management education program in order to improve the care and treatment of individuals with painful conditions. The program includes:

(a) Six accredited hours of continuing education in pain management, end of life care or a combination of both; and

(b) The web-based training offered by the Commission.

(2) For out of state health care professionals obtaining Oregon licensure or newly licensed health care professionals within Oregon, the pain management education program must be completed within 24 months of their first license renewal.

Example: If an individual becomes newly licensed in Oregon on June 15, 2009, their first renewal will be June 15, 2011. The individual may obtain their training from June 15, 2009 through June 15, 2013 under section (2) to comply with this requirement.

(3) If the licensing board for a licensed health care professional adopts, by rule, a pain management education program with topics substantially similar to the topics in the Commission’s curriculum, that program satisfies this rule for the continuing education portion of the requirement, as long as the total number of hours is the same.

(4) The Commission shall review its curriculum every two years and update as needed.

Stat. Authority: ORS 409.570

Stats. Implemented: ORS 409.500 - 409.570

Hist.: DHSD 1-2007, f. & cert. ef. 2-1-07; Renumbered from 407-020-0015, OHP 1-2011, f. 1-26-11, cert. ef. 2-1-11

 

Rule Caption: Amendments to Safety Net Capacity Grant Program Rules.

Adm. Order No.: OHP 2-2011

Filed with Sec. of State: 1-26-2011

Certified to be Effective: 2-1-11

Notice Publication Date: 1-1-2011

Rules Amended: 409-110-0000, 409-110-0005, 409-110-0010, 409-110-0015, 409-110-0020

Subject: The Office for Oregon Health Policy and Research (OHPR) is amending rules to align and update references consistent with agency reorganization and simplify the process for considering and making recommendations on submitted proposals and notification of applicants.

Rules Coordinator: Zarie Haverkate—(503) 373-1574

409-110-0000

Scope

These rules (OAR 409-110-0000 to 409-110-0020) establish criteria for awarding grants under the Health Care for All Oregon’s Children, Safety Net Capacity Grant Program, which was established to ensure that safety net providers have capacity to serve vulnerable and underserved children in Oregon.

Stat. Auth: 2009 HB 2116

Stats. Implemented: 2009 HB 2116

Hist.: OHP 2-2009, 9-30-09 cert. ef. 10-1-09; OHP 2-2011, f. 1-26-11, cert. ef. 2-1-11

409-110-0005

Definitions

The following definitions apply to OAR 409-110-0000 to 409-110-0020:

(1) “Community-sponsored Clinic” means a non-profit, community-based clinic that does not receive state or federal funding and is sponsored by the local community in the form of grants and donations, including in-kind donations of goods and services.

(2) “Culturally and Linguistically Appropriate Services” means health care services that are respectful of and responsive to cultural and linguistic needs. Please refer to the “National Standards on Culturally and Linguistically Appropriate Services” (CLAS), United States Department of Health and Human Services, Office of Minority Health.

(3) “OHPR” means the Office for Oregon Health Policy and Research.

(4) “Primary Healthcare Service” means physical, oral, mental, behavioral, and vision health services that are delivered in a manner that reflects the state’s emphasis on patient-centered primary care medical homes.

(5) “Program” means the Safety Net Capacity Grant Program, as part of the Health Care for All Oregon’s Children Program.

(6) “Safety Net Advisory Council” means the entity responsible for supporting vulnerable populations who experience barriers to care and providing specific policy recommendations to the Governor and policy makers to ensure a safety net of health services.

(7) “Safety Net Provider” means a public or non-profit federally qualified health center, school-based health center, tribal health clinic, rural health clinic, or community-sponsored clinic that provides primary care physical, oral, mental, behavioral and vision health services to low-income patients without charge or using a sliding scale.

(8) “Target Population” refers to children who meet the criteria for Health Care for All Oregon’s Children Program (2009 House Bill 2116, sections 27 and 28 ORS 414.231), except for immigration status.

[ED.NOTE: Publications referenced are available from the agency]

Stat. Auth.: ORS 413.225

Stats. Implemented: ORS 413.225, 414.231

Hist.: OHP 2-2009, 9-30-09 cert. ef. 10-1-09; OHP 2-2011, f. 1-26-11, cert. ef. 2-1-11

409-110-0010

Program Administration

(1) The program is intended to ensure that the target population has access to primary physical, oral, mental, behavioral, and vision health services.

(2) OHPR shall award grants to safety net providers through the program.

(3) Services covered through the program are limited to primary care, oral, mental, behavioral, and vision health services.

(4) Children in the target population through the age of 18 are eligible to receive services through the program.

(5) The grant amount awarded shall take into consideration the distribution and concentration of the target population in the proposed service area.

(6) The program is competitive and proposals that include collaboration with community partners may be given preference.

(7) OHPR shall administer the program including soliciting, reviewing, evaluating, and selecting successful grant proposals. OHPR shall also provide project monitoring, technical assistance and submit periodic status reports to interested parties.

(8) The Safety Net Advisory Council shall provide advisory recommendations to program staff.

(9) Grant funding shall be awarded for up to a two-year period. Fund awards may be renewable.

(10) OHPR shall distribute safety net grant funds to successful applicants on an incremental basis.

(11) All funds provided separately for the planning, development, establishment, and certification of new school-based health centers shall be awarded to local public health authorities in accordance with the current competitive grant process in use and funding formula as established and administered by the Office of Family Health, Public Health Division.

Stat. Auth.: ORS 413.225

Stats. Implemented: ORS 413.225, 414.231

Hist.: OHP 2-2009, 9-30-09 cert. ef. 10-1-09; OHP 2-2011, f. 1-26-11, cert. ef. 2-1-11

409-110-0015

Grant Award Process

(1) OHPR shall advertise grant proposals through publication on its website and through communication to eligible entities.

(2) All proposals must be submitted in a form specified by the program and by the date specified in the solicitation document.

(3) OHPR shall document receipt of all proposals.

(4) To qualify for a grant through the Program, applicants must be able to credibly estimate the number of new and existing children in the target population they will serve, as well as the number of estimated visits for the target population.

(5) OHPR shall evaluate all proposals based upon but not limited to the following evaluation elements:

(a) Demonstrated capacity to provide primary health care services.

(b) Demonstrated capacity or description of a credible plan to serve the target population.

(c) Demonstrated capacity or description of a credible plan to assure that services are culturally and linguistically competent.

(d) Demonstrated capacity or description of a credible plan to identify, contact, and provide primary care to the target population.

(e) Demonstrated readiness to be operational within 90 days of grant award.

(f) Maintenance of operating hours and locations to ensure accessibility.

(g) Demonstrated ability to partner with community-based and other community organizations and to leverage funds, where possible.

(h) Submission of a proposed work plan, including timeline, discrete programs and products, evaluation outcomes, and budget.

(i) Demonstrated capacity or description of a credible plan for implementing data systems that can report on delivery of services and health outcomes, preferably through the utilization of electronic health records that are Certification Commission for Health Information Technology certified. Responses that indicate participation in or willingness to participate in efforts to assure interoperability of electronic health records may be scored more highly.

(j) A commitment to continuous quality improvement demonstrated by the inclusion of an annual quality improvement plan, identification of quality improvement activities with reporting of outcomes and the incorporation of evidence based practices. Responses that incorporate meaningful elements of a primary care medical home may be scored more highly.

(6) OHPR shall form a committee to consider and make recommendations on the submitted proposals. .

(7) OHPR shall notify applicants, in writing, whether their proposal was selected for funding. OHPR shall provide a question and answer opportunity through electronic or telephone communication both before and after the selection of proposals.

Stat. Auth.: ORS 413.225

Stats. Implemented: ORS 413.225, 414.231

Hist.: OHP 2-2009, 9-30-09 cert. ef. 10-1-09; OHP 2-2011, f. 1-26-11, cert. ef. 2-1-11

409-110-0020

Monitoring and Reporting Requirements

(1) A grantee shall:

(a) Submit grant reports to OHPR on a periodic basis. Grant reports will indicate progress to achieve grant benchmarks and goals and report on the expenditure of grant dollars. Failure to comply with reporting requirements may result in grant suspension or termination; and

(b) Report specific data or information, to be determined by OHPR

(2) Grant disbursements are contingent on grantee achieving proposed service delivery levels. Failure to achieve proposed service levels or benchmarks may result in grant reduction or termination.

(3) Periodically grantee and OHPR staff shall jointly review progress.

Stat. Auth.: ORS 413.225

Stats. Implemented: ORS 413.225, 414.231

Hist.: OHP 2-2009, 9-30-09 cert. ef. 10-1-09; OHP 2-2011, f. 1-26-11, cert. ef. 2-1-11

 

Rule Caption: Amendments to Health Care Facility Financial Reporting.

Adm. Order No.: OHP 3-2011

Filed with Sec. of State: 2-8-2011

Certified to be Effective: 3-1-11

Notice Publication Date: 9-1-2010

Rules Amended: 409-015-0010

Subject: The Department of Human Services is updating to accurately reflect certain data is now submitted electronically versus paper form. When original notice was filed in the September 1, 2010 Bulletin for Chapter 409-015, everyone received opportunity to comment regarding paper versions of Forms FR1 and FR2 being eliminated as that data is now submitted electronically.

Rules Coordinator: Zarie Haverkate—(503) 373-1574

409-015-0010

Report Forms

(1) All health care facilities shall file the required reports and data on forms provided or approved by the office.

(2) The Patient Revenue and Unreimbursed Care form, Form FR-3, is adopted by the office.

(3) Obsolete forms will not be accepted.

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 442.405(1), 442.420(3)(d) & 442.425

Stats. Implemented: ORS 442.425

Hist.: SHPD 1-1979, f. & ef. 6-1-79; SHPD 6-1981, f. & ef. 10-2-81; SHPD 9-1982(Temp), f. & ef. 12-30-82; SHPD 21-1983, f. & ef. 6-28-83; SHPD 18-1984, f. & ef. 12-20-84; SHPD 12-1986, f. & ef. 7-7-86; HP 2-1988, f. & cert. ef. 3-25-88; HP 2-1990, f. & cert. ef. 2-12-90; HP 2-1992, f. & cert. ef. 10-19-92; HP 2-1994, f. & cert. ef. 4-22-94; HP 1-1996, f. & cert. ef. 1-2-96; OHP 1-1997, f. & cert. ef. 8-25-97; OHP 1-1999, f. 10-22-99, cert. ef. 10-23-99; OHP 1-2002, f. & cert. ef. 1-2-02; OHP 3-2011, f. 2-8-11, cert. ef. 3-1-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

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