OAR 409-070-0062: Community Review Board

(1) The Authority may appoint and convene a community review board to participate in the comprehensive review of a material change transaction, pursuant to ORS 415.501(11). A community review board must: (a) Advise the Authority on the impact of the transaction to the community; and (b) Make recommendations to the Authority on the approval or disapproval of a transaction, or the approval of a transaction subject to certain conditions. (2) In determining whether to convene a community review board, the Authority must consider the potential impacts of the proposed transaction, including, but not limited to: (a) The potential loss or change in access to essential services. (b) The potential to impact a large number of residents in this state. (c) A significant change in the market share of an entity involved in the transaction. (3) A community review board must consist of at least three individuals. This community review board must include members of the affected community, including persons who represent populations that experience health disparities, consumer advocates and health care experts. Not more than one-third of the members of the community review board may be representatives of institutional or corporate providers. The Authority may not appoint to a community review board an individual who is employed by an entity that is a party to the transaction that is under review or is employed by a competitor that is of a similar size to an entity that is a party to the transaction. As part of the community review board appointment process, the Authority will notify the coordinated care organization staff who facilitate the community advisory council, as defined in ORS 414.575, representing the affected community. (4) Community review board members must declare any potential or actual conflict of interest by filing a notice, pursuant to ORS 415.501(11)(b). A notice of conflict of interest for an appointed community review board member will be made public. If the Authority determines that a member of the community review board has an actual conflict of interest, the member must abstain from participating in community review board actions related to the conflict of interest. A conflict of interest exists when a community review board member: (a) Has a financial stake in an entity that is a party to the transaction under review; or (b) Has governance or decision-making authority for an entity that is a party to the transaction under review. (5) As defined by ORS 292.495(4), qualified community review board members must receive per diem compensation and reimbursement of travel or other expenses related to the performance of community review board member’s official duties as determined by the Authority. (a) Per diem compensation must be equal to the per diem paid to members of the Legislative Assembly under ORS 171.072, for each full or partial day during which the qualified member is engaged in the performance of official duties. (b) Reimbursement of actual and necessary travel or other expenses incurred in the performance of a qualified member’s official duties must be in the manner and amount provided in ORS 292.495. (c) A qualified member of a community review board may decline to accept compensation or reimbursement of expenses related to the qualified member’s service on a community review board. (d) To be considered a qualified member, a member of a community review board must attest by signature that they meet the conditions and income limits specified in ORS 292.495(4). (e) Non-qualified members of a community review board must be reimbursed for actual and necessary travel and other expenses incurred in the performance of their official duties in the manner and amount provided in ORS 292.495. (6) A community review board must make written recommendations to the Authority on a proposed transaction based on the criteria listed in section (1) of this rule.