Or. Admin. Code § 333-250-0380

Current through Register Vol. 63, No. 10, October 1, 2024

Section 333-250-0380 - Violations

In addition to non-compliance with any rules or laws that governs an ambulance service or ambulance service vehicle, it is a violation to:

(1) Refuse to cooperate with an investigation or survey, including but not limited to failure to permit Authority staff access to the ambulance service, its documents or records;

(2) Fail to implement a corrective action plan;

(3) Refuse or fail to comply with an order issued by the Authority;

(4) Refuse or fail to pay a civil penalty;

(5) Be convicted of a crime, including Medicare or Medicaid fraud, relating adversely to the person's capability of owning or operating an ambulance service;

(6) Make a material omission or misrepresentation of facts on an application for a license or variance, or in response to an inquiry or investigation. This includes fraud or deception in obtaining or attempting to obtain a license or variance or in any other transaction with the Authority;

(7) Loan, borrow, or use the license of another, or knowingly aid or abet the improper granting of a license;

(8) Deface, alter, remove or obliterate any portion of any official entry upon a license, licensing decal, or variance issued by the Authority;

(9) Refuse to respond to or render prehospital emergency care because of a patient's race, ethnicity, religion, age, gender, sexual orientation, disability, medical problem or financial inability to pay;

(10) Fail to promptly notify the Authority of a change of ownership;

(11) Fail to report to the Authority any matter required by ORS 682.220(4) and OAR 333-265-0080;

(12) Fail to protect health information from unlawful use or disclosure in accordance with state and federal privacy laws;

(13) Alter or inappropriately destroy medical records;

(14) Willfully prepare or file false reports or records, or induce another to do so;

(15) Engage in a pattern of any of the following:

(a) Incompetence, negligence or misconduct in operating the ambulance service or in providing emergency medical care and transportation to patients;

(b) Abuse or abandonment of patients;

(c) Failure to comply with the county ASA plan, area trauma plan, or other lawfully promulgated policies, plans, or procedures;

(d) Failure to meet response time standards as prescribed by the county ASA plan or if no ASA plan is in effect, the area trauma plan;

(e) Misuse or misappropriation of medications or medical materials; and

(f) Other conduct determined by the Authority to pose a significant threat to the health, safety and well-being of ambulance patients.

(16) Fail to return a license as provided in OAR 333-250-0235;

(17) Operate without a license; or

(18) During a Governor-declared emergency, failure to comply with an applicable provision of a Governor's Executive Order or failing to comply with guidance issued by the Authority implementing an Executive Order.

Note: Copies of the Executive Orders are available at:

https://www.oregon.gov/gov/admin/Pages/executive-orders.aspx

Copies of Oregon Health Authority Guidance are available at:

https://govstatus.egov.com/OR-OHA-COVID-19

Or. Admin. Code § 333-250-0380

PH 7-2017, f. & cert. ef. 3/21/2017; PH 12-2021, amend filed 03/11/2021, effective 3/11/2021

Statutory/Other Authority: ORS 682.017 & 682.068

Statutes/Other Implemented: ORS 682.017 - 682.117 & 682.991