Or. Admin. R. 333-014-0610 - Request to Return Local Public Health Authority Less than Four Years from the Date of Transfer

(1) This rule applies to a county or other entity that transferred local public health authority responsibilities to the Authority under ORS 431.382, and it has been less than four years since the date of transfer. For purposes of this rule "date of transfer" means 180 days from the date the ordinance or resolution to transfer was adopted or an earlier date agreed to by the Authority in writing.

(2) The governing body of a county or the governing body of the entity that previously transferred local public health authority responsibilities to the Authority under ORS 431.382 may submit a written request to the Authority to resume acting as the local public health authority.

(3) Prior to submitting a request under section (2) of this rule, the governing body may request from the Authority, and the Authority will provide:

(a) A non-binding estimate of the funding available for public health services and activities to the county or other entity, if authority is transferred back to the county or other entity.

(b) A draft Financial Assistance Agreement including scope of work for required and optional local public health authority programs.

(c) A draft Intergovernmental Agreement for Environmental Health Services.

(4) A request to transfer local public health responsibilities back to the local public health authority under this rule must include:

(a) A copy of a formal action by the governing body authorizing that the request to transfer authority from the Authority back to the local public health authority be made.

(b) The reason or reasons the request is being made.

(c) An explanation of what has changed within the jurisdiction of the governing body with regard to the ability to provide local public health services from the time the decision was made to transfer local public health responsibilities back to the Authority, to the present, and how the community will benefit from the responsibilities being transferred back earlier than four years from the original transfer.

(d) A financing plan for fulfilling local public health authority responsibilities described in OAR 333-014-0550.

(e) A staffing plan for fulfilling local public health authority responsibilities, including the responsibilities described in OAR 333-014-0550 and OAR 333-014-0580.

(f) A description of how the local public health authority will implement requirements for public health programs and environmental health services to be funded through agreements with the Authority.

(g) A description of any contracts that are likely to be executed to support the fulfilment of local public health authority responsibilities, if the requestor is not intending to provide services or undertake activities directly.

(h) If known, information about who will be appointed the local public health administrator and if the local public health authority will be requesting approval for a part-time local public health administrator under OAR 333-014-0520.

(i) The location or locations where public health services will be provided by the local public health authority and hours of operation.

(5) The Authority may request additional information from a requestor as necessary to clarify the request.

(6) After review of a request under section (2) of this rule and after determining that all the information required under this rule has been submitted and is complete, the Authority will:

(a) Determine whether it should transfer authority back to the local public health authority taking into consideration the following:

(A) Whether the requestor has sufficient staff or is committed and able to hire sufficient staff to undertake the statutory and governance duties required of a local public health authority.

(B) The extent to which the requestor is willing and able to commit local funding to provide public health activities and functions, rather than relying solely on state or federal funds if state and federal funds are not available at a sufficient level to meet public health needs.

(C) The extent to which the requestor demonstrates its ability to implement public health programs and activities to be funded under the Financial Assistance Agreement and Environmental Health Services Intergovernmental Agreement.

(b) Provide the requesting governing body with a determination, in writing, whether it agrees to the transfer. If the request is denied, the written determination will include the Authority's rationale for the denial, based on the consideration of the factors listed in subsection (a) of this section.

(7) If the Authority agrees to transfer local public health authority responsibilities back to the requestor, the Authority and the requestor will enter into a written agreement that includes but is not limited to:

(a) A schedule to effectuate the transfer of responsibilities to the local public health authority, including a schedule for entering into an intergovernmental agreement between the Authority and governing body for public health funding.

(b) A plan for communicating with residents within the local public health authority's jurisdiction, health care providers and other organizations identified by the Authority or the requesting governing body that the authority is being transferred back to the requesting local public health authority.

(c) A transfer of any physical equipment or files from the Authority to the local public health authority.

(8) Upon execution of the agreement described in section (7) of this rule by both parties the requesting governing body must take the actions necessary to repeal the ordinance or resolution adopted under ORS 431.382(1).

(9) Nothing in this rule is intended to:

(a) Require the Authority to provide funding to the local public health authority at the same level that had been previously provided to the local public health authority prior to the transfer of responsibilities to the Authority, nor is this rule intended to require the termination of any contract or agreement to which the Authority is a party, that is in place for the provision of public health services or activities within the jurisdiction that transferred its local public health authority, before the agreed upon term of the contract or agreement.

(b) Prohibit a governing body from submitting another request if a request to transfer is denied.

Notes

Or. Admin. R. 333-014-0610

PH 2-2023, adopt filed 01/17/2023, effective 1/18/2023

Statutory/Other Authority: ORS 413.042 & 431.149

Statutes/Other Implemented: ORS 431.382