2017 ORS 441.021¹
Additional fees for investigation and compliance activities

(1) In addition to an annual fee, the Oregon Health Authority may charge a hospital a fee for:

(a) Complaint investigation, in an amount not to exceed $850.

(b) Full compliance survey, in an amount not to exceed $7,520.

(c) On-site follow-up survey to verify compliance with a plan of correction, in an amount not to exceed $225.

(d) Off-site follow-up survey to verify compliance with a plan of correction, in an amount not to exceed $85.

(2) During one calendar year, the authority may charge to all hospitals a total amount not to exceed:

(a) $91,000 for complaint investigations.

(b) $15,000 for full compliance surveys.

(c) $6,700 for follow-up surveys.

(3)(a) The authority shall apportion the total amount charged under subsection (2) of this section among hospitals at the end of each calendar year based on the number of complaint investigations, full compliance surveys and follow-up surveys performed at each hospital during the calendar year.

(b) The authority may not include investigations of employee complaints in a hospital’s total number of complaint investigations.

(c) A hospital may not be charged fees in any calendar year under subsection (2) of this section for more complaint investigations than the greater of:

(A) The rolling average for the hospital for the previous three years; or

(B) Two complaint investigations for a small hospital and five complaint investigations for a large hospital.

(d) Notwithstanding paragraph (c) of this subsection, the authority may not charge a hospital for a number of complaint investigations that exceeds the number of complaint investigations actually conducted at the hospital during the calendar year.

(4) As used in this section, “full compliance survey” means a survey conducted by the authority following a complaint investigation to determine a hospital’s compliance with the Centers for Medicare and Medicaid Services Conditions of Participation. [2009 c.792 §4b; 2009 c.792 §54; 2011 c.720 §195a]

Note: 441.021 (Additional fees for investigation and compliance activities) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Chapter 441

Atty. Gen. Opinions

Licensing and phantom beds, (1970) Vol 40, p 171; a hospital’s employing a licensed physical therapist as unauthorized practice, (1975) Vol 37, p 963

1 Legislative Counsel Committee, CHAPTER 441—Health Care Facilities, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors441.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 441, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano441.­html (2017) (last ac­cessed Mar. 30, 2018).
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.