ORS § 415.111

Current through 2024 Regular Session legislation effective June 6, 2024
Section 415.111 - Report of examination; opportunity to respond
(1) Not later than the 60th day after an examination is completed, the examiner in charge of the examination shall submit to the Oregon Health Authority a full and true report of the examination, verified by the oath of the examiner. The report shall comprise only facts appearing upon the books, papers, records, accounts, documents or computers and other recordings of the coordinated care organization, its agents or other persons being examined or facts ascertained from testimony of individuals concerning the affairs of the coordinated care organization, together with such conclusions and recommendations as reasonably may be warranted from the facts.
(2) The authority shall make a copy of the report submitted under subsection (1) of this section available to the coordinated care organization that is the subject of the examination and shall give the coordinated care organization an opportunity to review and comment on the report. The authority may request additional information or meet with the coordinated care organization for the purpose of resolving questions or obtaining additional information and may direct the examiner to consider the additional information for inclusion in the report.
(3) Before the authority files the examination report as a final examination report or makes the report or any matters relating to it public, the coordinated care organization being examined shall have an opportunity for a hearing. A copy of the report must be mailed by certified mail to the coordinated care organization being examined. The coordinated care organization may request a hearing not later than the 30th day after the date on which the report was mailed. This subsection does not prohibit the authority from disclosing a final examination report as provided in subsection (5) of this section.
(4) The authority shall consider comments presented at a hearing requested under subsection (3) of this section and may direct the examiner to consider the comments or direct that the comments be included in documentation relating to the report, although not as part of the report itself. The authority may file the report as a final examination report at any time after consideration of the comments or at any time after the period for requesting a hearing has passed if a hearing is not requested.
(5) A report filed as a final examination report is subject to public inspection. The authority, after filing any report, if the authority considers it to be in the public interest, may publish any report or the result of any examination contained in the report without expense to the person examined.

ORS 415.111

2019 c. 478, § 10