Oregon Statutes 442.618 – Annual reports related to financial assistance policies and nonprofit status; penalties
(1) As used in this section, ‘health care facility’ has the meaning given that term in ORS § 442.015, excluding long term care facilities.
(2) A hospital shall report annually to the Oregon Health Authority the following information regarding all health care facilities and affiliated clinics that are owned in part or in full by the hospital or operating under the same brand as the hospital:
(a) The address of each health care facility and affiliated clinic;
(b) Whether the hospital’s financial assistance policy, developed under ORS § 442.614, is posted in the health care facility and affiliated clinic and available to patients of the facility and affiliated clinic; and
(c) Whether the hospital is a nonprofit entity and whether the hospital’s nonprofit status applies to the hospital’s affiliated clinics.
(3) The authority shall prescribe the form and manner for reporting the information described in subsection (2) of this section.
(4) A hospital that fails to file a timely report, as prescribed by the authority, may be subject to a civil penalty not to exceed $500 per day. Civil penalties shall be imposed as provided in ORS § 183.745. [2019 c.497 § 7]
The amendments to 442.618 by section 3, chapter 263, Oregon Laws 2023, become operative January 1, 2025. See section 6, chapter 263, Oregon Laws 2023. The text that is operative on and after January 1, 2025, is set forth for the user’s convenience.
(1) As used in this section:
(a) ‘Extraordinary collection action’ means actions referenced in section 501(r)(6) of the Internal Revenue Code or implementing regulations.
(b) ‘Health care facility’ has the meaning given that term in ORS § 442.015, excluding long term care facilities.
(c) ‘Payer type’ means one or more of the following persons legally responsible for all or part of the cost of hospital services:
(A) A commercial insurer;
(B) Medicare;
(C) The state medical assistance program;
(D) A patient who is uninsured or otherwise personally responsible for the cost of hospital services; or
(E) Another payer type prescribed by the Oregon Health Authority by rule.
(2) A hospital shall report annually to the authority the following information regarding all health care facilities and affiliated clinics that are owned in part or in full by the hospital or operating under the same brand as the hospital:
(a) The address of each health care facility and affiliated clinic;
(b) Whether the hospital’s financial assistance policy, developed under ORS § 442.614, complies with ORS § 442.610 (3);
(c) Whether the hospital is a nonprofit entity and whether the hospital’s nonprofit status applies to the hospital’s affiliated clinics;
(d) During the reporting period:
(A) How many applications for financial assistance the hospital received and of the applications received, the number of applications that were approved;
(B) Of the patients who received financial assistance, the number of patients who received financial assistance without completing the hospital’s financial assistance application process; and
(C) Reported by payer type, the number of patients who received financial assistance and the number of patients who were denied financial assistance;
(e) During the reporting period, the number of accounts that were:
(A) Referred to a debt collector or collection agency during the reporting period; and
(B) Transferred for extraordinary collection actions during the reporting period, listed by type of action; and
(f) The average, median and total amount of debt, owed to the hospital by patients, that was placed in collections during the reporting period.
(3) The authority shall prescribe the form and manner for reporting the information described in subsection (2) of this section.
(4) A hospital that fails to file a timely report, as prescribed by the authority, may be subject to a civil penalty not to exceed $500 per day. Civil penalties shall be imposed as provided in ORS § 183.745.
Section 6 (3), chapter 263, Oregon Laws 2023, provides:
(3) The Oregon Health Authority shall take any action before the operative dates specified in this section that is necessary to carry out section 1 of this 2023 Act [442.615] and the amendments to ORS § 442.610, 442.618 and 646A.677 by sections 2 to 4 of this 2023 Act on and after the operative dates specified in this section. [2023 c.263 § 6(3)]
See second note under 442.610.
(Community Benefit Spending)