ORS 413.072¹
Public process required if waiver of federal requirement involves policy change

(1) As used in this section, “policy change” includes any change in the operation of medical assistance programs that affects recipients adversely in any substantial manner, including but not limited to the denial, reduction, modification or delay of benefits. “Policy change” does not include any procedural change that affects internal management but does not adversely and substantially affect the interest of medical assistance recipients.

(2) The Oregon Health Authority may submit applications for waiver of federal statutory or regulatory requirements to the federal government or any agency of the federal government. Prior to the submission of any application for waiver that involves a policy change, and prior to implementation, the authority shall do the following:

(a) Conduct a public process regarding the application for waiver or application for waiver renewals;

(b) Prepare a complete summary of the testimony and written comments received during the public process;

(c) Submit the application for waiver or application for waiver renewals involving a policy change to the legislative review agency, as described in ORS 291.375 (Legislative review of applications for federal financial assistance), and present the summary of testimony and comments described in this section; and

(d) Give notice of the date of the authority’s appearance before the Emergency Board, the Joint Interim Committee on Ways and Means or the Joint Committee on Ways and Means in accordance with ORS 183.335 (Notice), and before the Medicaid Advisory Committee. [2011 c.720 §94; 2012 c.107 §14]

Note: See note under 413.071 (Authorization to request federal waivers).

1 Legislative Counsel Committee, CHAPTER 413—Oregon Health Authority, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors413.­html (2019) (last ac­cessed May 16, 2020).
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information