1. (1) Submission of a claim for medical services or supplies provided to a client shall be deemed a representation by the enrolling or ancillary provider to the Center of the provider’s compliance with the applicable sections of the following federal and state statutes:

   1. (a) 45 CFR Part 84 which implements Title V, Section 504 of the Rehabilitation Act of 1973;
   2. (b) Title II and Title III of the Americans with Disabilities Act of 1991;
   3. (c) Title VI of the Civil Rights Act of 1964; and
   4. (d) 42 CFR Part 493 Laboratory Requirements and ORS Chapter 438 (Clinical Laboratories).
2. (2) Enrolling and ancillary providers are required to comply with HIPAA regarding the confidentiality of client records.
3. (3) A provider that performs even one laboratory test, including waived tests on "materials derived from the human body for the purpose of providing information for the diagnosis, prevention or treatment of any disease or impairment of, or the assessment of the health of human beings" is considered a laboratory under CLIA and therefore CLIA certification may be required.

Statutory/Other Authority

ORS 413.042

Statutes/Other Implemented

ORS 413.042 & 431.250

History

PH 27-2014, f. & cert. ef. 10-10-14
PH 12-2014(Temp), f. & cert. ef. 4-18-14 thru 10-15-14
PH 1-2009, f. & cert. ef. 2-13-09