PERMANENT ADMINISTRATIVE ORDER

Jurisdiction
Oregon
Publication
Published March 23, 2021
Rule Type
Final Rule
Issuing Body
Health Authority
Public Health Division

Notice Text

Ch. Agency AON Filed Type Caption PDF
333 Oregon Health Authority, Public Health Division PH 13-2021 03/23/2021 10:18 AM Permanent REALD Data Collection and Reporting Requirements for Health Care Providers for COVID-19 Encounters View Filing | View Changes
OFFICE OF THE SECRETARY OF STATE ARCHIVES DIVISION
SHEMIA FAGAN STEPHANIE CLARK
SECRETARY OF STATE DIRECTOR
CHERYL MYERS 800 SUMMER STREET NE
DEPUTY SECRETARY OF STATE SALEM, OR 97310
503-373-0701
PERMANENT ADMINISTRATIVE ORDER FILED
PH 13-2021 03/23/2021 10:18 AM
ARCHIVES DIVISION
CHAPTER 333
SECRETARY OF STATE
OREGON HEALTH AUTHORITY & LEGISLATIVE COUNSEL
PUBLIC HEALTH DIVISION FILING CAPTION: REALD Data Collection and Reporting Requirements for Health Care Providers for COVID-19 Encounters EFFECTIVE DATE: 03/23/2021 AGENCY APPROVED DATE: 03/18/2021
CONTACT: Belle Shepherd External Relations Division Filed By:
503-983-1929 800 NE Oregon St. Brittany Hall
belle.shepherd@dhsoha.state.or.us Portland,OR 97232 Rules Coordinator
RULES: 333-018-0010, 333-018-0011, 333-018-0016 AMEND: 333-018-0010 REPEAL: Temporary 333-018-0010 from PH 67-2020 NOTICE FILED DATE: 12/17/2020 RULE SUMMARY: OAR 333-018-0010: Amended to require health care providers and laboratories to report REALD data in addition to other reportable disease information that is required to be reported to state or local public health authorities. The current rule defines how and when a health care provider is required to report reportable disease under ORS 433.004. The amendments to OAR 333-018-0010 implement HB 4212 by setting out which health care providers are required to collect and report REALD information. The amendments to OAR 333-018-0010 include adding COVID-19 as a reportable disease, and expanding ways to report REALD data to OHA as required by OAR 333- 018-0011. CHANGES TO RULE: 333-018-0010 Form of the Report ¶ (1) A health care provider required to report reportable diseases under ORS 433.004 and these rules shall submit to the local public health administrator a report that includes but is not limited to:¶ (a) The identity, address, and telephone number of the person reporting, and for health care providers as that is defined in OAR 333-018-0011, reporting COVID-19 information as required in OAR 333-018-0016, race, ethnicity, language and disability data in accordance with OAR 333-018-0011;¶ (b) The identity, address, and telephone number of the attending health care provider, or other treating health care provider if any;¶ (c) The name of the person affected or ill, that person's current address, telephone number, and date of birth;¶ (d) The diagnosed or suspected disease, infection, or condition; and¶ (e) The date of illness onset.¶ (2) A licensed laboratory required to report reportable diseases under ORS 433.004 and these rules shall submit to the local public health administrator a report that includes but is not limited to:¶ (a) The name and telephone number of the reporting laboratory;¶ (b) The name, gender, age or date of birth, the address and county of residence of the person from whom the laboratory specimen was obtained, if known;¶ (c) The date the specimen was obtained;¶ (d) The specimen source site and the specimen type; for example, the specimen source site | specimen type pairings could be (knee | fluid, synovial) (cervix | tissue), (venous | blood).¶ (e) The name, address and telephone number of the health care provider of the person from whom the laboratory specimen was obtained;¶ (f) The name or description of the test;¶ (g) The test result; and¶ (h) Information required by the Authority's Manual for Mandatory Electronic Laboratory Reporting, if electronic reporting is required under OAR 333-018-0013; and¶ (i) If a laboratory has been provided the information by a health care provider or patient, race, ethnicity, language and disability data that complies with OAR 333-018-0011.¶ (3) Reportable disease reports shall be made in the following manner:¶ (a) Reports for diseases or suspected diseases that are immediately reportable under OAR 333-018-0015 shall be submitted orally, by telephone, with a follow-up written report via facsimile.¶ (b) Reports for diseases or suspected diseases that are required to be reported within one to seven days under OAR 333-018-0015 shall be submitted in writing via facsimile, through the Online Morbidity Report System at: www.healthoregon.org/howtoreport, if permitted under these rules, or by other means approved by the Authority or the local public health administrator, consistent with the need for timely reporting as provided in OAR 333- 018-0015.¶ (c) Electronically, if required by OAR 333-018-0011 or OAR 333-018-0013.¶ (4) If requested by a local public health administrator or the Oregon Public Health Division, health care providers and licensed laboratories shall provide additional information of relevance to the investigation or control of reportable diseases or conditions (for example, reported signs and symptoms, laboratory test results (including negative results), potential exposures, contacts, and clinical outcomes). Statutory/Other Authority: ORS 413.042, 433.004 Statutes/Other Implemented: ORS 433.004 ADOPT: 333-018-0011 REPEAL: Temporary 333-018-0011 from PH 77-2020 NOTICE FILED DATE: 12/17/2020 RULE SUMMARY: OAR 333-018-0011: The adoption of OAR 333-018-0011 implements HB 4212 by setting out which health care providers are required to collect and report REALD data for COVID-19 encounters. The rule further defines reporting entities, types of encounters to be reported, and the phased in timeline for different provider types to report. The rule also defines how providers can report the data to the agency. CHANGES TO RULE: 333-018-0011 Race, Ethnicity, Language and Disability COVID-19 Data Reporting (1) The reporting requirements in this rule are in addition to the information required to be reported under OAR 333-018-0010.¶ (2) For purposes of this rule:¶ (a) "Congregate setting" means an environment where a number of people reside, meet or gather in close proximity for either a limited or extended period of time, and include but are not limited to homeless shelters, group homes, prisons, detention centers, schools and workplaces.¶ (b) "Encounter" means an interaction between a patient, or the patient's legal representative, and a health care provider, whether that interaction is in person or through telemedicine, for the purpose of providing health care services related to COVID-19, including but not limited to ordering or performing a COVID-19 test.¶ (c) "Federally qualified health center" has the meaning given that term in OAR 410-120-0000.¶ (d) "Health care facility" has the meaning given that term in ORS 442.015.¶ (e) "Health care provider" has the meaning given that term in Oregon Laws 2020, 1st Special Session, chapter 12, section 40.¶ (f) "Health system" means an organization that delivers health care through at least one hospital in Oregon and through other facilities, clinics, medical groups, and other entities, all under common control or ownership.¶ (g) "Hospital" has the meaning given that term in ORS 442.015 and includes hospital satellites as that is defined in OAR 333-500-0010.¶ (h) "Long term care facility" has the meaning given that term in ORS 442.015.¶ (3) Beginning October 1, 2020, the following health care providers at the time of an encounter, or as soon as possible thereafter, must collect data on race, ethnicity, preferred spoken and written language, English proficiency, interpreter needs and disability status in accordance with OAR chapter 943, division 70, and provide that data to the Authority when reporting COVID-19 information as required in OAR 333-018-0016, or if approved by the Authority, at least on a weekly basis as long as the demographic data can be linked to the COVID- 19 reportable disease reports:¶ (a) Hospitals except for licensed psychiatric hospitals, and clinical laboratories licensed under ORS 438.110 operating within a hospital.¶ (b) Health care providers within a health system, except for clinical laboratories licensed under ORS 438.110.¶ (c) Health care providers working in a federally qualified health center, except for clinical laboratories licensed under ORS 438.110 operating within a federally qualified health center.¶ (4) No later than March 1, 2021, the following health care providers at the time of an encounter, or as soon as possible thereafter, must collect data on race, ethnicity, preferred spoken and written language, English proficiency, interpreter needs and disability status in accordance with OAR chapter 943, division 70, and provide that data to the Authority when reporting COVID-19 information as required in OAR 333-018-0016, or if approved by the Authority, at least on a weekly basis as long as the demographic data can be linked to the COVID- 19 reportable disease reports:¶ (a) Health care facilities, except for clinical laboratories licensed under ORS 438.110 operating within such facilities.¶ (b) Health care providers working in or with individuals in a congregate setting, except for clinical laboratories licensed under ORS 438.110 operating within such congregate settings.¶ (5) No later than October 1, 2021, all health care providers at the time of an encounter must collect data on race, ethnicity, preferred spoken and written language, English proficiency, interpreter needs and disability status in accordance with OAR chapter 943, division 70, and provide that data to the Authority when reporting COVID-19 information as required in OAR 333-018-0016, or if approved by the Authority, at least on a weekly basis as long as the demographic data can be linked to the COVID-19 reportable disease reports.¶ (6) The reporting required under this rule must be submitted in the following manner:¶ (a) Until October 1, 2021:¶ (A) Through the Online Morbidity Report System, which can be found at: www.healthoregon.org/howtoreport; or¶ (B) By facsimile but only if the Online Morbidity Report System for reporting COVID information is not operable; or¶ (C) Through electronic case reporting in accordance with standards established by the Authority in its Electronic Case Reporting (ECR) Manual, or another means, if approved by the Authority.¶ (b) On or after October 1, 2021, through electronic case reporting in accordance with standards established by the Authority in its ECR Manual.¶ (7) A health care provider is not required to collect the data described in this rule and provide it to the Authority if the provider:¶ (a) Has previously collected the information and submitted it to the Authority in accordance with this rule within the last 12 months.¶ (b) Has knowledge that another health care provider has collected the data and submitted it to the Authority in accordance with this rule within the last year.¶ (c) The patient or the patient's caregiver is unable to provide answers to the questions because of incapacity.¶ (8) A health care provider who for reasons outside of their control cannot meet the collection and reporting requirements in this rule by the deadlines established in this rule, may submit to the Authority in writing, a request for an extension of time. The Authority may, at its discretion, grant or deny an extension.¶ (9) Nothing in this rule is intended to prevent a health care provider from collecting and reporting race, ethnicity, preferred spoken and written language, English proficiency, interpreter needs and disability status information to the Authority in accordance with OAR chapter 943, division 70, before the deadlines established in this rule. Statutory/Other Authority: ORS 413.042, Oregon Laws 2020, 1st Special Session, Chapter 12, Sections 40-41 Statutes/Other Implemented: Oregon Laws 2020, 1st Special Session, Chapter 12, Sections 40-41 AMEND: 333-018-0016 REPEAL: Temporary 333-018-0016 from PH 3-2021 NOTICE FILED DATE: 12/17/2020 RULE SUMMARY: OAR 333-018-0016: The amendment of OAR 333-018-0016 implements HB 4212 by setting out which health care providers are required to collect and report REALD information. The amendments to OAR 333-018- 0016 also include adding negative COVID-19 tests as a reportable encounter, as defined in OAR 333-018-0011. CHANGES TO RULE: 333-018-0016 Reporting of COVID-19 Related Test Results, Cases and Deaths (1) Health care providers shall report within 24 hours (including weekends and holidays), in accordance with section (23) of this rule, the following: ¶ (a) All human cases of COVID-19.¶ (b) All human cases of MIS-C.¶ (c) The hospitalization of any individual with COVID-19, whether or not the case was previously reported.¶ (d) The death of any individual due to COVID-19, whether or not the case was previously reported.¶ (2) Health care providers shall report all negative test results for COVID-19 within one local public health authority working day, in accordance with section (3) of this rule.¶ (3) Health care providers shall report the information required in sections (1) and (2) of this rule, in one of two ways, in order of preference: ¶ (a) Submission of an Electronic Initial Case Report (eICR) in accordance with the Authority's Electronic Case Reporting (ECR) Manual; or¶ (b) Through the Online Morbidity Report System, which can be found at: www.healthoregon.org/howtoreport.¶ (34) A health care facility or health care system, where more than one health care provider may know the information that is required to be reported under sections (1) and (2) of this rule, may establish policies and procedures to ensure that the information is reported to the Authority as required, but duplicate reporting is minimized.¶ (45) Licensed laboratories shall report:¶ (a) All test results indicative of and specific for COVID-19 within 24 hours (including weekends and holidays).¶ (b) All negative test results for COVID-19 within one local public health authority working day. Statutory/Other Authority: ORS 413.042, ORS 433.004, 433.006 Statutes/Other Implemented: ORS 433.004
OFFICE OF THE SECRETARY OF STATE ARCHIVES DIVISION
SHEMIA FAGAN STEPHANIE CLARK
SECRETARY OF STATE DIRECTOR
CHERYL MYERS 800 SUMMER STREET NE
DEPUTY SECRETARY OF STATE SALEM, OR 97310
503-373-0701
PERMANENT ADMINISTRATIVE ORDER FILED
PH 13-2021 03/23/2021 10:18 AM
ARCHIVES DIVISION
CHAPTER 333
SECRETARY OF STATE
OREGON HEALTH AUTHORITY & LEGISLATIVE COUNSEL
PUBLIC HEALTH DIVISION FILING CAPTION: REALD Data Collection and Reporting Requirements for Health Care Providers for COVID-19 Encounters EFFECTIVE DATE: 03/23/2021 AGENCY APPROVED DATE: 03/18/2021
CONTACT: Belle Shepherd External Relations Division Filed By:
503-983-1929 800 NE Oregon St. Brittany Hall
belle.shepherd@dhsoha.state.or.us Portland,OR 97232 Rules Coordinator
RULES: 333-018-0010, 333-018-0011, 333-018-0016 AMEND: 333-018-0010 REPEAL: Temporary 333-018-0010 from PH 67-2020 RULE TITLE: Form of the Report NOTICE FILED DATE: 12/17/2020 RULE SUMMARY: OAR 333-018-0010: Amended to require health care providers and laboratories to report REALD data in addition to other reportable disease information that is required to be reported to state or local public health authorities. The current rule defines how and when a health care provider is required to report reportable disease under ORS 433.004. The amendments to OAR 333-018-0010 implement HB 4212 by setting out which health care providers are required to collect and report REALD information. The amendments to OAR 333-018-0010 include adding COVID-19 as a reportable disease, and expanding ways to report REALD data to OHA as required by OAR 333- 018-0011. RULE TEXT: (1) A health care provider required to report reportable diseases under ORS 433.004 and these rules shall submit to the local public health administrator a report that includes but is not limited to: (a) The identity, address, and telephone number of the person reporting, and for health care providers as that is defined in OAR 333-018-0011, reporting COVID-19 information as required in OAR 333-018-0016, race, ethnicity, language and disability data in accordance with OAR 333-018-0011; (b) The identity, address, and telephone number of the attending health care provider, or other treating health care provider if any; (c) The name of the person affected or ill, that person's current address, telephone number, and date of birth; (d) The diagnosed or suspected disease, infection, or condition; and (e) The date of illness onset. (2) A licensed laboratory required to report reportable diseases under ORS 433.004 and these rules shall submit to the local public health administrator a report that includes but is not limited to: (a) The name and telephone number of the reporting laboratory; (b) The name, gender, age or date of birth, the address and county of residence of the person from whom the laboratory specimen was obtained, if known; (c) The date the specimen was obtained; (d) The specimen source site and the specimen type; for example, the specimen source site | specimen type pairings could be (knee | fluid, synovial) (cervix | tissue), (venous | blood). (e) The name, address and telephone number of the health care provider of the person from whom the laboratory specimen was obtained; (f) The name or description of the test; (g) The test result; (h) Information required by the Authority’s Manual for Mandatory Electronic Laboratory Reporting, if electronic reporting is required under OAR 333-018-0013; and (i) If a laboratory has been provided the information by a health care provider or patient, race, ethnicity, language and disability data that complies with OAR 333-018-0011. (3) Reportable disease reports shall be made in the following manner: (a) Reports for diseases or suspected diseases that are immediately reportable under OAR 333-018-0015 shall be submitted orally, by telephone, with a follow-up written report via facsimile. (b) Reports for diseases or suspected diseases that are required to be reported within one to seven days under OAR 333-018-0015 shall be submitted in writing via facsimile, through the Online Morbidity Report System at: www.healthoregon.org/howtoreport, if permitted under these rules, or by other means approved by the Authority or the local public health administrator, consistent with the need for timely reporting as provided in OAR 333-018-0015. (c) Electronically, if required by OAR 333-018-0011 or OAR 333-018-0013. (4) If requested by a local public health administrator or the Oregon Public Health Division, health care providers and licensed laboratories shall provide additional information of relevance to the investigation or control of reportable diseases or conditions (for example, reported signs and symptoms, laboratory test results (including negative results), potential exposures, contacts, and clinical outcomes). STATUTORY/OTHER AUTHORITY: ORS 413.042, 433.004 STATUTES/OTHER IMPLEMENTED: ORS 433.004 ADOPT: 333-018-0011 REPEAL: Temporary 333-018-0011 from PH 77-2020 RULE TITLE: Race, Ethnicity, Language and Disability COVID-19 Data Reporting NOTICE FILED DATE: 12/17/2020 RULE SUMMARY: OAR 333-018-0011: The adoption of OAR 333-018-0011 implements HB 4212 by setting out which health care providers are required to collect and report REALD data for COVID-19 encounters. The rule further defines reporting entities, types of encounters to be reported, and the phased in timeline for different provider types to report. The rule also defines how providers can report the data to the agency. RULE TEXT: (1) The reporting requirements in this rule are in addition to the information required to be reported under OAR 333- 018-0010. (2) For purposes of this rule: (a) "Congregate setting" means an environment where a number of people reside, meet or gather in close proximity for either a limited or extended period of time, and include but are not limited to homeless shelters, group homes, prisons, detention centers, schools and workplaces. (b) "Encounter" means an interaction between a patient, or the patient’s legal representative, and a health care provider, whether that interaction is in person or through telemedicine, for the purpose of providing health care services related to COVID-19, including but not limited to ordering or performing a COVID-19 test. (c) "Federally qualified health center" has the meaning given that term in OAR 410-120-0000. (d) "Health care facility" has the meaning given that term in ORS 442.015. (e) "Health care provider" has the meaning given that term in Oregon Laws 2020, 1st Special Session, chapter 12, section 40. (f) "Health system" means an organization that delivers health care through at least one hospital in Oregon and through other facilities, clinics, medical groups, and other entities, all under common control or ownership. (g) "Hospital" has the meaning given that term in ORS 442.015 and includes hospital satellites as that is defined in OAR 333-500-0010. (h) "Long term care facility" has the meaning given that term in ORS 442.015. (3) Beginning October 1, 2020, the following health care providers at the time of an encounter, or as soon as possible thereafter, must collect data on race, ethnicity, preferred spoken and written language, English proficiency, interpreter needs and disability status in accordance with OAR chapter 943, division 70, and provide that data to the Authority when reporting COVID-19 information as required in OAR 333-018-0016, or if approved by the Authority, at least on a weekly basis as long as the demographic data can be linked to the COVID-19 reportable disease reports: (a) Hospitals except for licensed psychiatric hospitals, and clinical laboratories licensed under ORS 438.110 operating within a hospital. (b) Health care providers within a health system, except for clinical laboratories licensed under ORS 438.110. (c) Health care providers working in a federally qualified health center, except for clinical laboratories licensed under ORS 438.110 operating within a federally qualified health center. (4) No later than March 1, 2021, the following health care providers at the time of an encounter, or as soon as possible thereafter, must collect data on race, ethnicity, preferred spoken and written language, English proficiency, interpreter needs and disability status in accordance with OAR chapter 943, division 70, and provide that data to the Authority when reporting COVID-19 information as required in OAR 333-018-0016, or if approved by the Authority, at least on a weekly basis as long as the demographic data can be linked to the COVID-19 reportable disease reports: (a) Health care facilities, except for clinical laboratories licensed under ORS 438.110 operating within such facilities. (b) Health care providers working in or with individuals in a congregate setting, except for clinical laboratories licensed under ORS 438.110 operating within such congregate settings. (5) No later than October 1, 2021, all health care providers at the time of an encounter must collect data on race, ethnicity, preferred spoken and written language, English proficiency, interpreter needs and disability status in accordance with OAR chapter 943, division 70, and provide that data to the Authority when reporting COVID-19 information as required in OAR 333-018-0016, or if approved by the Authority, at least on a weekly basis as long as the demographic data can be linked to the COVID-19 reportable disease reports. (6) The reporting required under this rule must be submitted in the following manner: (a) Until October 1, 2021: (A) Through the Online Morbidity Report System, which can be found at: www.healthoregon.org/howtoreport; or (B) By facsimile but only if the Online Morbidity Report System for reporting COVID information is not operable; or (C) Through electronic case reporting in accordance with standards established by the Authority in its Electronic Case Reporting (ECR) Manual, or another means, if approved by the Authority. (b) On or after October 1, 2021, through electronic case reporting in accordance with standards established by the Authority in its ECR Manual. (7) A health care provider is not required to collect the data described in this rule and provide it to the Authority if the provider: (a) Has previously collected the information and submitted it to the Authority in accordance with this rule within the last 12 months. (b) Has knowledge that another health care provider has collected the data and submitted it to the Authority in accordance with this rule within the last year. (c) The patient or the patient’s caregiver is unable to provide answers to the questions because of incapacity. (8) A health care provider who for reasons outside of their control cannot meet the collection and reporting requirements in this rule by the deadlines established in this rule, may submit to the Authority in writing, a request for an extension of time. The Authority may, at its discretion, grant or deny an extension. (9) Nothing in this rule is intended to prevent a health care provider from collecting and reporting race, ethnicity, preferred spoken and written language, English proficiency, interpreter needs and disability status information to the Authority in accordance with OAR chapter 943, division 70, before the deadlines established in this rule. STATUTORY/OTHER AUTHORITY: ORS 413.042, Oregon Laws 2020, 1st Special Session, Chapter 12, Sections 40-41 STATUTES/OTHER IMPLEMENTED: Oregon Laws 2020, 1st Special Session, Chapter 12, Sections 40-41 AMEND: 333-018-0016 REPEAL: Temporary 333-018-0016 from PH 3-2021 RULE TITLE: Reporting of COVID-19 Related Test Results, Cases and Deaths NOTICE FILED DATE: 12/17/2020 RULE SUMMARY: OAR 333-018-0016: The amendment of OAR 333-018-0016 implements HB 4212 by setting out which health care providers are required to collect and report REALD information. The amendments to OAR 333-018- 0016 also include adding negative COVID-19 tests as a reportable encounter, as defined in OAR 333-018-0011. RULE TEXT: (1) Health care providers shall report within 24 hours (including weekends and holidays), in accordance with section (3) of this rule, the following: (a) All human cases of COVID-19. (b) All human cases of MIS-C. (c) The hospitalization of any individual with COVID-19, whether or not the case was previously reported. (d) The death of any individual due to COVID-19, whether or not the case was previously reported. (2) Health care providers shall report all negative test results for COVID-19 within one local public health authority working day, in accordance with section (3) of this rule. (3) Health care providers shall report the information required in sections (1) and (2) of this rule, in one of two ways, in order of preference: (a) Submission of an Electronic Initial Case Report (eICR) in accordance with the Authority’s Electronic Case Reporting (ECR) Manual; or (b) Through the Online Morbidity Report System, which can be found at: www.healthoregon.org/howtoreport. (4) A health care facility or health care system, where more than one health care provider may know the information that is required to be reported under sections (1) and (2) of this rule, may establish policies and procedures to ensure that the information is reported to the Authority as required, but duplicate reporting is minimized. (5) Licensed laboratories shall report: (a) All test results indicative of and specific for COVID-19 within 24 hours (including weekends and holidays). (b) All negative test results for COVID-19 within one local public health authority working day. STATUTORY/OTHER AUTHORITY: ORS 413.042, ORS 433.004, 433.006 STATUTES/OTHER IMPLEMENTED: ORS 433.004