OAR 333-071-0215: Application Review

(1) In reviewing an application for a new special inpatient care facility (SICF) the Oregon Health Authority (Authority) shall: (a) Verify compliance with the applicable sections of ORS chapters 441, 442 and 476, these rules and OAR chapter 333, division 675 ; (b) Determine whether a certificate of need is required and was obtained for a new SICF; (c) Conduct an in-person licensing survey in coordination with the State Fire Marshal's Office; and (d) Verify compliance with conditions of participation or conditions for coverage if the applicant has requested Medicare or Medicaid certification. (2) In determining whether to license an SICF, the Authority shall consider factors relating to the health and safety of individuals to be cared for at the SICF and the ability of the operator of the SICF to safely operate the facility, and may not consider whether the SICF is or shall be a governmental, charitable or other nonprofit institution or whether it is or shall be an institution for profit. (3) An SICF classified as a religious institution shall: (a) Provide only non-medical care and services to a patient who relies solely upon a religious method of healing; and (b) Comply with the CMS, Religious Nonmedical Health Care Institutions, conditions for coverage - 42 CFR 403.720, 403.724, 403.730 and conditions of participation – 42 CFR 403.732, 403.734, 403.736, 403.738, 403.740, 403.742, 403.744 and 403.746.