Or. Admin. Code § 333-503-0020

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

Section 333-503-0020 - Processing Complaints

(1) The Oregon Health Authority (Authority) will only investigate complaints that are:

(a) Valid complaints; and

(b) Submitted within 60 calendar days of the violation alleged in the complaint.

(2) Once the Authority has determined that a complaint is a timely valid complaint, the Authority will begin its investigation in accordance with ORS 441.791 and these rules.

(3) To establish it is not subject to civil penalty for a violation of a staffing plan pursuant to ORS 441.793(4), the hospital must submit, no later than 20 days after receiving notice of an investigation under ORS 441.791(2)(c), documentation to the Authority demonstrating the actions it took, if any, described in ORS 441.793(4). The Authority will consider the documentation timely submitted by a hospital to determine whether the hospital is subject to civil penalty under ORS 441.793(4) for a violation of a nurse staffing plan, a professional or technical staffing plan, or a service staffing plan.

(4) To establish that a hospital is not in violation of a staffing plan under ORS 441.765(6), 441.775(12), or 441.776(12), the hospital must submit no later than 20 days after receiving notice of an investigation under ORS 441.791(2)(c), documentation of all allowed deviations, including documentation that the deviation was reported to the applicable staffing committee within 10 days of the deviation, occurring on the day of the alleged violations and the 29 days prior to the alleged violation. The Authority will consider documentation timely submitted by a hospital to determine the number of allowed deviations accrued in a rolling 30-day period under ORS 441.765(6), 441.775(12), and 441.776(12), including whether the alleged violation is an allowed deviation.

Or. Admin. Code § 333-503-0020

PH 59-2023, temporary adopt filed 12/21/2023, effective 1/1/2024 through 6/28/2024; PH 46-2024, adopt filed 05/15/2024, effective 5/15/2024

Statutory/Other Authority: ORS 413.042 & ORS 441.760 - 441.795

Statutes/Other Implemented: ORS 441.760 - 441.795