Chapter 442

 

      Chapter 442

 

ATTY. GEN. OPINIONS: Participation of hospital owners or administrators in joint review of hospital expenses, services, (1978) Vol 38, p 2060; State Health Planning and Development Agency’s responsibility to evaluate and act upon nursing home budget and rate increase notifications where positions and funds are deleted from agency’s budget, (1979) Vol 40, p 56; health systems agency’s failure to review or submit recommendation and findings on application for certificate of need, (1979) Vol 40, p 135

 

      442.025

 

NOTES OF DECISIONS

 

      Although this section includes improved competition as part of health care planning process, it does not require agency to ignore other statutory criteria in determining whether to issue certificate of need. Oregon Eye Associates v. State Health Planning, 83 Or App 368, 732 P2d 41 (1987), Sup Ct review denied

 

      Despite policy statement regarding duplication of health care services, there is no entitlement to government sanctioned monopoly under certificate of need program. Mercy Medical Center v. Office of Health Policy, 121 Or App 587, 855 P2d 1156 (1993)

 

      442.035

 

NOTE: Repealed as of June 26, 2009

 

ATTY. GEN. OPINIONS: Rulemaking authority of Statewide Health Coordinating Council, (1977) Vol 38, p 1229

 

      442.300

 

      See annotations under ORS 442.584.

 

      442.315

 

NOTES OF DECISIONS

 

      Where Office of Health Policy (OHP) found that second hospital MRI project did not exceed statutorily imposed financial threshold requiring certificate of need, OHP made no final decision subject to provisions for judicial review of contested case. Mercy Medical Center v. Office of Health Policy, 121 Or App 587, 855 P2d 1156 (1993)

 

      “Decision” means deciding whether to issue certificate of need to entity that requires one to implement project, not deciding whether proposed project is above or below financial threshold. Mercy Medical Center v. Office of Health Policy, 121 Or App 587, 855 P2d 1156 (1993)

 

      442.405

 

ATTY. GEN. OPINIONS: Financial statements of hospitals as public records, (1974) Vol 36, p 893; authority to require detailed accounting, (1976) Vol 38, p 97

 

      442.425

 

ATTY. GEN. OPINIONS: Financial statements of hospitals as public records, (1974) Vol 36, p 893

 

      442.470

 

LAW REVIEW CITATIONS: 27 WLR 101 (1991)

 

      442.584

 

NOTE: Repealed as of August 5, 2011

 

 

ATTY. GEN. OPINIONS

 

Under former similar statute

 

      Power of legislature to enact provision requiring nursing homes to accept quota of welfare patients as condition of receiving certificate of need, (1979) Vol 39, p 708

 

      442.700 to 442.760

 

LAW REVIEW CITATIONS: 31 WLR 89 (1995)

 

      442.710

 

LAW REVIEW CITATIONS: 31 WLR 89 (1995)

 

      442.715

 

LAW REVIEW CITATIONS: 31 WLR 89 (1995)

 

      442.740

 

LAW REVIEW CITATIONS: 31 WLR 89 (1995)