Oregon Bulletin
March 1, 2011
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.
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