Current through Register Vol. 60, No. 12, December 1, 2021
Prior to issuing a notice of proposed action, the Authority shall notify the
hospital of the potential deficiency or failure to report that could give rise
to the imposition of a penalty. The Authority shall issue a notification letter
within 30 calendar days of the report or payment due date. The hospital shall
have 30 calendar days from the date of the notice to respond. The Authority may
consider the response and any amended final report under OAR 410-050-0760 in
its notice of proposed action. In all cases that the Authority has determined
that a hospital has an assessment deficiency or failure to report, the
Authority shall issue a notice of proposed action. The Authority may not issue
a notice of proposed action if the issue is resolved satisfactorily within 59
days from the date of mailing the notification letter.
(2) The Authority shall issue a notice of
proposed action within 60 calendar days from the date of mailing the
of the notice of proposed action shall include:
(a) The applicable reporting period;
(b) The basis for determining the
corrected amount of assessment;
(c) The corrected assessment due as
determined by the Authority;
The amount of assessment paid by the hospital;
(e) The resulting deficiency, which is the
difference between the amount received by the Authority and the corrected
amount due as determined by the Authority;
(f) Statutory basis for the penalty;
(g) Amount of penalty per day of
(h) Date upon which
the penalty began to accrue;
Date the penalty stopped accruing or circumstances under which the penalty
shall stop accruing;
(j) The total
penalty accrued up to the date of the notice;
(k) Instructions for responding to the
(l) A statement of the
hospital's right to a hearing.
Or. Admin. R.
OMAP 86-2004(Temp), f.
& cert. ef. 11-9-04 thru 5-7-05; OMAP 25-2005, f. 4-15-05, cert. ef.
5-7-05; DMAP 3-2008, f. & cert. ef. 1-25-08; DMAP 29-2008, f. 8-29-08,
cert. ef. 9-1-08;
52-2015, f. 9-22-15, cert. ef.
Stat. Auth.: ORS
Stats. Implemented: 2015 HB