An application for a new hospital shall include evidence showing:

1. (1) Triage criteria and mechanisms, including documentation that such criteria and mechanisms will be consistent with the level of placement criteria developed by the Office of Health Policy and insurers under ORS 743A.168(2).
2. (2) A sufficient supply of qualified personnel, including clinical, administrative, operational, and technical staff, are available or can be timely recruited to ensure the hospital operates safely, efficiently, and in compliance with applicable standards.
3. (3) There is reasonable assurance that the project will be in conformance with applicable state licensing requirements and will be certified under the Medicaid and Medicare program, with the applicable conditions of participation related to those programs.
4. (4) The proposed project will promote continuity in the provision of health care, not result in an unwarranted fragmentation of services, and have an appropriate relationship to the Health Service Area's existing health care system.
5. (5) The ability to provide appropriate access to quality general and multispecialty medical inpatient care.
6. (6) The applicant will accept and provide access to individuals enrolled in Medicaid, Medicare, or uninsured.
7. (7) The applicant will facilitate coordination with alternatives and other appropriate community resources.
8. (8) The applicant has treatment goal-setting protocols that focus on achieving sustained improvements in patient health and functioning.
9. (9) The applicant will maintain a readmission rate lower than or comparable to available regional or national benchmarks.
10. (10) The applicant will offer charity care, as defined in ORS 442.601(1), commensurate with other facilities with a comparable payor mix. The applicant must provide their policy for charity care and demonstrate ongoing compliance with federal and state law. The Oregon Health Authority (Authority) may consider the applicant’s history of offering charity care in evaluating these criteria.

11. (11) The project’s proposed services will be delivered safely and adequately, in compliance with all relevant federal and state laws, rules, and regulations. The evaluation of this criterion will consider whether the applicant has, in this state or elsewhere:

    1. (a) Been criminally convicted related to operating a healthcare facility where the applicant held a direct or indirect ownership interest of five percent or more;
    2. (b) History of the denial or revocation of a license to operate a healthcare facility where the applicant had a direct or indirect ownership interest of five percent or more;
    3. (c) Had a license to practice a health profession revoked;
    4. (d) Been subject to civil penalties, corrective action plans, program exclusions, or other significant adverse actions related to patient safety or regulatory compliance. The Authority will assess the nature, severity, timing, and corrective measures taken, and will provide the applicant an opportunity to submit mitigating information; or
    5. (e) Been decertified as a provider in the Medicare or Medicaid program due to non-compliance with federal participation conditions where the applicant held a direct or indirect ownership interest of five percent or more.

Statutory/Other Authority

ORS 431.120, ORS 442.315 & ORS 743A.168

Statutes/Other Implemented

ORS 431.120 & ORS 442.315

History

PH 19-2026, amend filed 04/17/2026, effective 04/17/2026
PH 20-2025, temporary amend filed 10/22/2025, effective 10/22/2025 through 04/19/2026
HD 13-1994, f. & cert. ef. 4-22-94