Chapter 384
AN ACT
HB 3290
Relating to hospital reporting of community
benefits; creating new provisions; and amending ORS 442.445.
Whereas
Whereas Oregon’s
hospitals provide a wide range of such benefits to their communities in
addition to those reflected in the financial data historically reported to the
state; and
Whereas it is in the
public interest to have hospitals annually document and report to policymakers
and the public on the cost of such services; now, therefore,
Be It Enacted by the People of
the State of
SECTION 1. Sections 2 and 3 of this 2007 Act are added
to and made a part of ORS chapter 442.
SECTION 2. As used in this section and section 3 of
this 2007 Act:
(1) “Charity care” means
free or discounted health services provided to persons who cannot afford to pay
and from whom a hospital has no expectation of payment. “Charity care” does not
include bad debt, contractual allowances or discounts for quick payment.
(2) “Community benefit”
means a program or activity that provides treatment or promotes
health and healing in response to an identified community need. “Community
benefit” includes:
(a) Charity care;
(b) Losses related to
Medicaid, Medicare, State Children’s Health Insurance Program or other publicly
funded health care program shortfalls;
(c) Community health
improvement services;
(d) Research;
(e) Financial and
in-kind contributions to the community; and
(f) Community building
activities affecting health in the community.
SECTION 3. (1) The Administrator of the Office for
(2) Within 90 days of
filing a Medicare cost report, a hospital must submit a community benefit
report to the Office for
(3) The administrator
shall produce an annual report of the information provided under subsections
(1) and (2) of this section. The report shall be submitted to the Governor, the
President of the Senate and the Speaker of the House of Representatives. The
report shall be presented to the Legislative Assembly during each regular
session and shall be made available to the public.
(4) The administrator
may adopt all rules necessary to carry out the provisions of this section.
SECTION 4. ORS 442.445 is amended to read:
442.445. (1) Any health
care facility that fails to perform as required in ORS 442.400 to 442.463
and section 3 of this 2007 Act and rules of the Office for Oregon Health
Policy and Research may be subject to a civil penalty.
(2) The Administrator of
the Office for Oregon Health Policy and Research shall adopt a schedule of
penalties not to exceed $500 per day of violation, determined by the severity
of the violation.
(3) Civil penalties
under this section shall be imposed as provided in ORS 183.745.
(4) Civil penalties
imposed under this section may be remitted or mitigated upon such terms and
conditions as the administrator considers proper and consistent with the public
health and safety.
(5) Civil penalties
incurred under any law of this state are not allowable as costs for the purpose
of rate determination or for reimbursement by a third-party payer.
Approved by the Governor June 12, 2007
Filed in the office of Secretary of State June 13, 2007
Effective date January 1, 2008
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