Oregon Statutes 442.610 – Notice of financial assistance policies; applications
(1) As used in this section:
Terms Used In Oregon Statutes 442.610
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(a) ‘Financial assistance policy’ means a policy that meets the requirements of section 501(r) of the Internal Revenue Code and implementing regulations.
(b) ‘Hospital’ has the meaning given that term in ORS § 442.015.
(c) ‘Nonprofit’ has the meaning given that term in ORS § 442.612.
(2) A hospital shall have a written financial assistance policy that complies with the plain language standards for consumer contracts under ORS § 180.545 (1).
(3) A hospital shall:
(a) Provide a paper copy of the financial assistance policy and an application form to apply for financial assistance to a patient upon request;
(b) Include on each billing statement, on the hospital’s website home page and on any website where the patient pays a bill or accesses information about the patient’s account, a prominently displayed notice of:
(A) The availability of financial assistance;
(B) The contact information for the office or department of the hospital that can provide information about obtaining financial assistance; and
(C) The Internet address for the financial assistance policy and the Internet address where an application for financial assistance may be accessed, completed and submitted online, including on a mobile device;
(c) Accept an application for financial assistance that is submitted:
(A) In an online application; or
(B) Sent by mail to or submitted in person at the hospital’s address as shown on the application; and
(d) Maintain public displays in locations in the hospital that are accessible to the public that notify and inform patients about the financial assistance policy. Locations that are accessible to the public include but are not limited to the emergency department, if any, and the areas where patient admissions are processed.
(4)(a) A nonprofit hospital’s application for financial assistance, when completed by a resident of this state:
(A) May require the resident to provide only:
(i) The patient’s household income, for purposes of ORS § 442.614; and
(ii) Information about any third party that may be liable for the cost of the services, as permitted by ORS § 646A.677.
(B) Must clearly mark as optional any other information, including information about the patient’s assets.
(b) A nonprofit hospital may not use information other than information listed in paragraph (a) of this subsection to deny financial assistance to a resident of this state.
(c) This subsection does not prohibit:
(A) A hospital from requiring a patient to respond to requests from the patient’s insurer as needed for the insurer to adjudicate the hospital’s claim for reimbursement, as permitted by ORS § 646A.677; or
(B) A nonprofit hospital from requiring a patient to provide information that the Centers for Medicare and Medicaid Services requires the hospital to collect for the purpose of cost reporting. [2018 c.50 § 9; 2018 c.50 § 10; 2023 c.263 § 2]
The amendments to 442.610 by section 2, chapter 263, Oregon Laws 2023, become operative July 1, 2024. See section 6, chapter 263, Oregon Laws 2023. The text that is operative until July 1, 2024, is set forth for the user’s convenience.
(1) As used in this section:
(a) ‘Financial assistance policy’ means a policy that meets the requirements of section 501(r) of the Internal Revenue Code and implementing regulations.
(b) ‘Hospital’ has the meaning given that term in ORS § 442.015.
(2) A hospital shall have a written financial assistance policy that complies with the plain language standards for consumer contracts under ORS § 180.545 (1).
(3) A hospital shall:
(a) Provide a paper copy of the financial assistance policy to a patient upon request;
(b) Include on each billing statement notice of:
(A) The availability of financial assistance;
(B) The contact information for the office or department of the hospital that can provide information about obtaining financial assistance; and
(C) The direct Internet address for the financial assistance policy; and
(c) Maintain public displays in locations in the hospital that are accessible to the public that notify and inform patients about the financial assistance policy. Locations that are accessible to the public include but are not limited to the emergency department, if any, and the areas where patient admissions are processed.
(4) The Oregon Health Authority shall make available to hospitals and the general public a uniform application for financial assistance, created by a trade association representing hospitals, that may be used in any hospital in this state to request financial assistance.
442.610 to 442.630 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS Chapter 442 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.