Or. Admin. Code § 333-076-0820

Current through Register Vol. 63, No. 10, October 1, 2024

Section 333-076-0820 - Approval of ESC License Application

(1) For purposes of this rule, "operating room" means a room designated and equipped for performing invasive procedures and includes procedure rooms where surgical procedures that do not required a sterile environment are performed.

(2) The Authority shall notify an applicant in writing if a license application is approved and shall include the license with the appropriate information.

(3) A license shall be issued only for the premises and persons or governmental units named in the application and it is not transferrable or assignable.

(4) The license shall be conspicuously posted in the area where patients are admitted.

(5) No person or ESC licensed pursuant to the provisions of ORS chapter 441, shall in any manner or by any means assert, represent, offer, provide or imply that such person or facility is or may render care or services other than that which is permitted by or which is within the scope of the license issued to such person or facility by the Authority nor shall any service be offered or provided which is not authorized within the scope of the license issued to such person or facility.

(6) An ESC must not be located within a rural area as defined by the Office of Rural Health.

(7) In order to be licensed and to maintain a license, an ESC must be affiliated with an Oregon licensed ASC whose license is in good standing. The affiliated ASC:

(a) May not be affiliated with any other ESC;

(b) Must be physically contiguous with the ESC;

(c) Must be certified by the CMS as participating in the ASC quality reporting program administered by CMS;

(d) Must be accredited by an accrediting organization approved by CMS in accordance with 42 CFR 488.4; and

(e) Must have demonstrated safe operating procedures in an outpatient surgery setting located in Oregon for no less than 24 consecutive months. Safe operating procedures are demonstrated by the absence of any condition level deficiency pursuant to the CMS, Conditions for Coverage for Ambulatory Surgery Centers that has not been corrected.

(8) An ESC may be affiliated with only one ASC.

(9) An ESC may have no more than two recovery beds for each operating room that is in its affiliated ASC and shall have no more than 10 recovery beds total.

Or. Admin. Code § 333-076-0820

PH 1-2019, adopt filed 01/07/2019, effective 1/7/2019

Statutory/Other Authority: ORS 441.025 & OL 2018 Chapter 50

Statutes/Other Implemented: ORS 441.022, 441.025 & OL 2018 Chapter 50