77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3155
Senate Bill 752
Sponsored by Senator KNOPP, Representative SPRENGER; Senators
BOQUIST, OLSEN, WINTERS, Representatives THATCHER, WHITSETT
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Revises definition of 'ambulatory surgical center' to include
facility operated substantially for purpose of performing
abortions. Defines 'abortion' to include using or prescribing
medicine or drug to terminate pregnancy or using instrument or
device to terminate pregnancy.
A BILL FOR AN ACT
Relating to facilities that perform abortions; amending ORS
442.015.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 442.015 is amended to read:
442.015. As used in ORS chapter 441 and this chapter, unless
the context requires otherwise:
(1) 'Acquire' or 'acquisition' means obtaining equipment,
supplies, components or facilities by any means, including
purchase, capital or operating lease, rental or donation, with
intention of using such equipment, supplies, components or
facilities to provide health services in Oregon. When equipment
or other materials are obtained outside of this state,
acquisition is considered to occur when the equipment or other
materials begin to be used in Oregon for the provision of health
services or when such services are offered for use in Oregon.
(2) 'Affected persons' has the same meaning as given to '
party' in ORS 183.310.
(3)(a) 'Ambulatory surgical center' means { + :
(A) + } A facility or portion of a facility that operates
exclusively for the purpose of providing surgical services to
patients who do not require hospitalization and for whom the
expected duration of services does not exceed 24 hours following
admission.
{ + (B) A facility that operates substantially for the
purpose of performing abortions.
(b) For purposes of this subsection, a facility operates
substantially for the purpose of performing abortions if:
(A) Ten or more abortions in any calendar month or 100 or more
abortions per calendar year are performed on the premises of the
facility;
(B) The facility holds itself out to the public as an abortion
provider by any public means, including but not limited to
newspaper, telephone directory, magazine or electronic media; and
(C) The facility has at the facility or on call a physician,
licensed under ORS chapter 677, to perform abortions.
(c) As used in this subsection, 'abortion' means the use or
prescription of any instrument, medicine, drug or other substance
or device approved by the United States Food and Drug
Administration to terminate the pregnancy of a woman known to be
pregnant, with an intention other than to:
(A) Increase the probability of a live birth;
(B) Preserve the life or health of a child after live birth; or
(C) Remove a dead fetus. + }
{ - (b) - } { + (d) + } 'Ambulatory surgical center' does
not mean:
(A) Individual or group practice offices of private physicians
or dentists that do not contain a distinct area used for
outpatient surgical treatment on a regular and organized basis,
or that only provide surgery routinely provided in a physician's
or dentist's office using local anesthesia or conscious sedation;
or
(B) A portion of a licensed hospital designated for outpatient
surgical treatment.
(4) 'Budget' means the projections by the hospital for a
specified future time period of expenditures and revenues with
supporting statistical indicators.
(5) 'Develop' means to undertake those activities that on their
completion will result in the offer of a new institutional health
service or the incurring of a financial obligation, as defined
under applicable state law, in relation to the offering of such a
health service.
(6) 'Expenditure' or 'capital expenditure' means the actual
expenditure, an obligation to an expenditure, lease or similar
arrangement in lieu of an expenditure, and the reasonable value
of a donation or grant in lieu of an expenditure but not
including any interest thereon.
(7) 'Freestanding birthing center' means a facility licensed
for the primary purpose of performing low risk deliveries.
(8) 'Governmental unit' means the state, or any county,
municipality or other political subdivision, or any related
department, division, board or other agency.
(9) 'Gross revenue' means the sum of daily hospital service
charges, ambulatory service charges, ancillary service charges
and other operating revenue. 'Gross revenue' does not include
contributions, donations, legacies or bequests made to a hospital
without restriction by the donors.
(10)(a) 'Health care facility' means:
(A) A hospital;
(B) A long term care facility;
(C) An ambulatory surgical center;
(D) A freestanding birthing center; or
(E) An outpatient renal dialysis center.
(b) 'Health care facility' does not mean:
(A) A residential facility licensed by the Department of Human
Services or the Oregon Health Authority under ORS 443.415;
(B) An establishment furnishing primarily domiciliary care as
described in ORS 443.205;
(C) A residential facility licensed or approved under the rules
of the Department of Corrections;
(D) Facilities established by ORS 430.335 for treatment of
substance abuse disorders; or
(E) Community mental health programs or community developmental
disabilities programs established under ORS 430.620.
(11) 'Health maintenance organization' or 'HMO' means a public
organization or a private organization organized under the laws
of any state that:
(a) Is a qualified HMO under section 1310 (d) of the U.S.
Public Health Services Act; or
(b)(A) Provides or otherwise makes available to enrolled
participants health care services, including at least the
following basic health care services:
(i) Usual physician services;
(ii) Hospitalization;
(iii) Laboratory;
(iv) X-ray;
(v) Emergency and preventive services; and
(vi) Out-of-area coverage;
(B) Is compensated, except for copayments, for the provision of
the basic health care services listed in subparagraph (A) of this
paragraph to enrolled participants on a predetermined periodic
rate basis; and
(C) Provides physicians' services primarily directly through
physicians who are either employees or partners of such
organization, or through arrangements with individual physicians
or one or more groups of physicians organized on a group practice
or individual practice basis.
(12) 'Health services' means clinically related diagnostic,
treatment or rehabilitative services, and includes alcohol, drug
or controlled substance abuse and mental health services that may
be provided either directly or indirectly on an inpatient or
ambulatory patient basis.
(13) 'Hospital' means:
(a) A facility with an organized medical staff and a permanent
building that is capable of providing 24-hour inpatient care to
two or more individuals who have an illness or injury and that
provides at least the following health services:
(A) Medical;
(B) Nursing;
(C) Laboratory;
(D) Pharmacy; and
(E) Dietary; or
(b) A special inpatient care facility as that term is defined
by the Oregon Health Authority by rule.
(14) 'Institutional health services' means health services
provided in or through health care facilities and includes the
entities in or through which such services are provided.
(15) 'Intermediate care facility' means a facility that
provides, on a regular basis, health-related care and services to
individuals who do not require the degree of care and treatment
that a hospital or skilled nursing facility is designed to
provide, but who because of their mental or physical condition
require care and services above the level of room and board that
can be made available to them only through institutional
facilities.
(16) 'Long term care facility' means a facility with permanent
facilities that include inpatient beds, providing medical
services, including nursing services but excluding surgical
procedures except as may be permitted by the rules of the
Director of Human Services, to provide treatment for two or more
unrelated patients. 'Long term care facility' includes skilled
nursing facilities and intermediate care facilities but may not
be construed to include facilities licensed and operated pursuant
to ORS 443.400 to 443.455.
(17) 'New hospital' means a facility that did not offer
hospital services on a regular basis within its service area
within the prior 12-month period and is initiating or proposing
to initiate such services. 'New hospital' also includes any
replacement of an existing hospital that involves a substantial
increase or change in the services offered.
(18) 'New skilled nursing or intermediate care service or
facility' means a service or facility that did not offer long
term care services on a regular basis by or through the facility
within the prior 12-month period and is initiating or proposing
to initiate such services. 'New skilled nursing or intermediate
care service or facility' also includes the rebuilding of a long
term care facility, the relocation of buildings that are a part
of a long term care facility, the relocation of long term care
beds from one facility to another or an increase in the number of
beds of more than 10 or 10 percent of the bed capacity, whichever
is the lesser, within a two-year period.
(19) 'Offer' means that the health care facility holds itself
out as capable of providing, or as having the means for the
provision of, specified health services.
(20) 'Outpatient renal dialysis facility' means a facility that
provides renal dialysis services directly to outpatients.
(21) 'Person' means an individual, a trust or estate, a
partnership, a corporation (including associations, joint stock
companies and insurance companies), a state, or a political
subdivision or instrumentality, including a municipal
corporation, of a state.
(22) 'Skilled nursing facility' means a facility or a distinct
part of a facility, that is primarily engaged in providing to
inpatients skilled nursing care and related services for patients
who require medical or nursing care, or an institution that
provides rehabilitation services for the rehabilitation of
individuals who are injured or sick or who have disabilities.
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