In addition to non-compliance with any health care facility licensing law or condition of participation, it is a violation to:

1. (1) Refuse to cooperate with an investigation or survey, including but not limited to failure to permit Oregon Health Authority (Authority) staff access to the hospital, its documents or records;
2. (2) Fail to implement an approved plan of correction;
3. (3) Fail to comply with all applicable laws, lawful ordinances and rules relating to safety from fire;
4. (4) Refuse or fail to comply with an order issued by the Authority;
5. (5) Refuse or fail to pay a civil penalty;
6. (6) Fail to comply with rules governing the storage of medical records following the closure of a hospital;
7. (7) Establish, conduct, maintain, manage or operate a health care facility or health maintenance organization, without a license; or
8. (8) Use the terms "emergency," "emergency department (ED)," "emergency room (ER)," "emergency-," "emergent-," or "emergi- care center" or any derivative term in a posted name or advertising that would give the impression that emergency medical services as that is defined in OAR 333-500-0010 is provided by the person at a particular facility unless that facility is a hospital licensed under ORS 441.025 with an emergency department. Use of the words "urgent" or "immediate" shall not be considered derivative terms.
9. (9) A person not licensed as a hospital under ORS 441.025 with an emergency department using the terms prescribed in section (8) of this rule has 90 days from November 15, 2016 to come into compliance.

Statutory/Other Authority

ORS 441.025

Statutes/Other Implemented

ORS 441.015, 441.025, 441.030 & 441.055

History

PH 28-2024, minor correction filed 04/08/2024, effective 04/08/2024
PH 31-2016, f. 11-14-16, cert. ef. 11-15-16
PH 11-2009, f. & cert. ef. 10-1-09