Chapter 442

ATTY. GEN. OPINIONS: Participation of hospital owners or administrators in joint review of hospital expenses, services, (1978) Vol 38, p 2060; State Health Planning and Development Agency’s responsibility to evaluate and act upon nursing home budget and rate increase notifications where positions and funds are deleted from agency’s budget, (1979) Vol 40, p 56; health systems agency’s failure to review or submit recommendation and findings on application for certificate of need, (1979) Vol 40, p 135

442.025

NOTES OF DECISIONS

Although this section includes improved competition as part of health care planning process, it does not require agency to ignore other statutory criteria in determining whether to issue certificate of need. Oregon Eye Associates v. State Health Planning, 83 Or App 368, 732 P2d 41 (1987), Sup Ct review denied

Despite policy statement regarding duplication of health care services, there is no entitlement to government sanctioned monopoly under certificate of need program. Mercy Medical Center v. Office of Health Policy, 121 Or App 587, 855 P2d 1156 (1993)

442.035

NOTE: Repealed as of June 26, 2009

ATTY. GEN. OPINIONS: Rulemaking authority of Statewide Health Coordinating Council, (1977) Vol 38, p 1229

442.300

See annotations under ORS 442.584.

442.315

NOTES OF DECISIONS

Where Office of Health Policy (OHP) found that second hospital MRI project did not exceed statutorily imposed financial threshold requiring certificate of need, OHP made no final decision subject to provisions for judicial review of contested case. Mercy Medical Center v. Office of Health Policy, 121 Or App 587, 855 P2d 1156 (1993)

“Decision” means deciding whether to issue certificate of need to entity that requires one to implement project, not deciding whether proposed project is above or below financial threshold. Mercy Medical Center v. Office of Health Policy, 121 Or App 587, 855 P2d 1156 (1993)

442.405

ATTY. GEN. OPINIONS: Financial statements of hospitals as public records, (1974) Vol 36, p 893; authority to require detailed accounting, (1976) Vol 38, p 97

442.425

ATTY. GEN. OPINIONS: Financial statements of hospitals as public records, (1974) Vol 36, p 893

442.470

LAW REVIEW CITATIONS: 27 WLR 101 (1991)

442.584

ATTY. GEN. OPINIONS

Under former similar statute

Power of legislature to enact provision requiring nursing homes to accept quota of welfare patients as condition of receiving certificate of need, (1979) Vol 39, p 708

442.700 to 442.760

LAW REVIEW CITATIONS: 31 WLR 89 (1995)

442.710

LAW REVIEW CITATIONS: 31 WLR 89 (1995)

442.715

LAW REVIEW CITATIONS: 31 WLR 89 (1995)

442.740

LAW REVIEW CITATIONS: 31 WLR 89 (1995)