Or. Admin. Code § 333-014-0600 - Request to Return Local Public Health Authority Four Years or More Since 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 four years or more 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 a 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 resume acting as the local public health authority under this rule must:

(a) Include a copy of a formal action by the governing body authorizing that a request be made to the Authority to resume acting as the local public health authority.

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

(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 necessary information has been submitted the Authority will work with requestor on the agreement described in section (7) of this rule.

(7) If the Authority is transferring 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 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.

Notes

Or. Admin. Code § 333-014-0600

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