OAG 79-134.
Case Date | December 18, 1979 |
Court | Oregon |
Oregon Attorney General Opinions
1979.
OAG 79-134.
171OPINION NO. 79-134
[40 Or. Op.
Atty. Gen. 171]No.
7829December 18,
1979Ms. Kristine
GebbieAdministratorHealth DivisionDepartment of Human
ResourcesMr. Richard GrantDirectorState Health Planning and Development
AgencyFIRST QUESTION PRESENTED
If a hospital is licensed to have more beds than it could
reasonably be expected to operate under existing licensing criteria, would
either the State Health Planning and Development Agency (SHPDA) or the State
Health Division (division) have authority to reduce the licensed bed capacity
of the hospital?ANSWER GIVENSHPDA does not have such authority. The division is the agency
responsible for the administration and enforcement of the health care
facilities licensing statutes and regulations, including issuing and annually
renewing the licenses of health care facilities, and could establish, by rule,
that a hospital may not receive an initial or renewal license to operate more
beds than it could reasonably be expected to put into operation under existing
licensing criteria.SECOND QUESTION PRESENTEDMust each bed in each hospital meet the licensing criteria
at the time of original as well as renewal licensing?ANSWER GIVENThe licensing criteria apply to
original as well as renewal licensing. Whether each bed must meet the criteria
depends upon whether the division finds that failure of a single bed to meet
the criteria constitutes a "substantial failure" to comply with the applicable
statutes, rules or standards, thereby invoking its power to deny a license. ORS
441.030(2).THIRD QUESTION PRESENTEDWhat legal responsibility and authority do SHPDA and the
division have to ascertain that the number of hospital beds licensed is
consistent with the licensing criteria in the rules of
172 the division and to
investigate reports that a hospital is licensed for a greater number of beds
than the hospital could reasonably be expected to put into operation within
those criteria?ANSWER GIVENThe division, as the licensing agency, has the responsibility and
authority to ascertain compliance with the licensing criteria and investigate
reports of noncompliance, and may make inspections or require production of
evidence as necessary to determine the truth or falsity of such reports. At
present, however, the licensing criteria do not require that a hospital be
licensed for no more beds than it could reasonably operate in compliance with
those criteria. SHPDA does not share the division's responsibility or authority
directly, but would need to determine the actual number of operable hospital
beds in conjunction with its health planning responsibilities.FOURTH QUESTION PRESENTEDIs a
licensee, under a license authorizing the operation of a given number of beds
at a particular hospital, permitted to "transfer" part of that hospital's
allowable bed capacity to another hospital owned by the licensee?ANSWER GIVENNo.
DISCUSSION
The rules of the Health Division (division) indicate that a
hospital must provide a certain amount of space for each bed therein.(fn1) The
location of patient beds is also strictly regulated.(fn2) Furthermore, if the
number of patient beds reaches certain specified levels, the hospital must
provide special facilities. For example, OAR 333-23-200 requires that all(fn3)
hospitals with 100 beds or more must have space for various types of physical
therapy, a complete pharmacy, a storage room for sterile supplies, a darkroom,
etc. OAR 333-23-200(2)(e), (2)(f)(B), (5)(b)(M), (5)(b)(N). These and other
requirements limit the number of beds a hospital may reasonably be expected to
operate lawfully.
ORS 441.015 provides that any person or governmental unit wishing
to establish a health care facility (including a hospital, ORS 442.015(11))
must first obtain a license. Licenses are granted by the division. ORS
441.020(1). Each license shall specify the maximum allowable number of beds in
the inpatient care facility. OAR 333-23-116(3).
We are informed that for various reasons, including lack of space
and other physical plant limitations, some hospitals may be licensed to operate
more beds than the hospitals could reasonably be expected to put into operation
in compliance with current licensing criteria.(fn4) This situation could
interfere with health planning and result...
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