ORS 441.026¹
Licensing of extended stay centers
  • rules

(1) As used in this section:

(a) “Extended stay center” means a facility that provides extended stay services.

(b) “Extended stay services” means post-surgical and post-diagnostic medical and nursing services provided to a patient who is recovering from a surgical procedure performed in an ambulatory surgical center.

(c) “Local hospital” has the meaning given that term in rules adopted by the Oregon Health Authority that are consistent with federal requirements.

(d) “Operating room” has the meaning given that term in rules adopted by the authority.

(2) The authority shall adopt rules and procedures for the licensing of extended stay centers to ensure that each licensed extended stay center:

(a) Is affiliated with a facility:

(A) That is licensed by the authority as an ambulatory surgical center;

(B) Whose license is in good standing with the authority; and

(C) That meets the criteria in subsection (3) of this section;

(b) Has no more than two recovery beds for each operating room that is in its affiliated ambulatory surgical center and a total of no more than 10 recovery beds;

(c) Discharges patients within 48 hours from the time of admission to the ambulatory surgical center;

(d)(A) Has an agreement with at least one local hospital that has the capabilities to treat patients requiring medical care that exceeds the capabilities of the extended stay center and the agreement complies with the federal requirements applicable to patient transfer agreements between ambulatory surgical centers and local hospitals; or

(B) Is affiliated with an ambulatory surgical center in which all of the physicians performing surgeries have admitting privileges at a local hospital that has the capabilities to treat patients requiring medical care that exceeds the capabilities of the extended stay center;

(e) Conforms to all patient safety and facility requirements adopted by the authority by rule;

(f) Uses admission criteria based only on the extended stay center’s:

(A) Medical screening criteria;

(B) Evidence-based surgery guidelines; or

(C) Patient safety standards;

(g) Orally and in writing, clearly notifies patients with Medicare coverage of the services provided by the extended stay center that are not covered by Medicare;

(h) Reports data and metrics to the authority as prescribed by the authority by rule, including but not limited to the:

(A) Types of procedures performed at the affiliated ambulatory surgical center for which patients are transferred to the extended stay center for recovery;

(B) Average duration of patient stays at the extended stay center;

(C) Medical acuity of the patients served by the extended stay center;

(D) Types of payers that reimburse services provided at the extended stay center and the percentage of each payer type in the total number of payers; and

(E) Frequency and cause of patient transfers from the extended stay center to a hospital; and

(i) Is located within an urban area as defined by the Office of Rural Health.

(3) The ambulatory surgical center that is affiliated with an extended stay center must:

(a) Not be affiliated with any other licensed extended stay center;

(b) Be physically contiguous with the extended stay center;

(c) Have demonstrated safe operating procedures in an outpatient surgery setting for no less than 24 consecutive months;

(d) Be certified by the Centers for Medicare and Medicaid Services as participating in the ambulatory surgical center quality reporting program administered by the Centers for Medicare and Medicaid Services; and

(e) Be accredited by a national accrediting organization approved by the authority.

(4) The authority shall mitigate barriers to and facilitate the reimbursement of extended stay centers with medical assistance funds. [2018 c.50 §2]

Note: Sections 3 and 22, chapter 50, Oregon Laws 2018, provide:

Sec. 3. (1) The Health Evidence Review Commission established under ORS 414.688 (Commission established) shall develop evidence-based guidelines regarding the patient characteristics and surgical procedures that may be appropriate for ambulatory surgical centers and extended stay centers. The commission shall provide a report of the timeline and plan for implementing the guidelines to the Legislative Assembly during the 2019 regular session.

(2) No later than December 31, 2022, the Oregon Health Authority shall report to the interim committees of the Legislative Assembly related to health on the implementation of section 2 of this 2018 Act [441.026 (Licensing of extended stay centers)]. [2018 c.50 §3]

Sec. 22. Section 3 of this 2018 Act is repealed on January 2, 2023. [2018 c.50 §22]

Note: 441.026 (Licensing of extended stay centers) was added to and made a part of 441.015 (Licensing of facilities and health maintenance organizations) to 441.087 (General inspection of long term care facility) by legislative action but was not added to any smaller series therein. 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 (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 441, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano441.­html (2019) (last ac­cessed May 16, 2020).
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