Or. Admin. Code § 333-035-0120

Current through Register Vol. 63, No. 8, August 1, 2024

Section 333-035-0120 - Definitions

As used in OAR chapter 333, division 35, the following definitions apply:

(1) "Accreditation" means a designation by an accrediting organization that a hospice program has met standards that have been developed to indicate a quality program.

(2) "Administrator" means a hospice employee responsible for the administrative functions and day-to-day operations of the hospice program.

(3) "Authority" means the Oregon Health Authority, Public Health Division.

(4) "CMS" means Centers for Medicare and Medicaid Services.

(5) "Certification" means a state agency's official recommendations and findings to CMS regarding a hospice program's compliance with federal CMS regulations.

(6) "Conditions of Participation" mean the applicable federal regulations that hospice programs are required to comply with to participate in the federal Medicare and Medicaid programs.

(7) "Hospice aide" means a person:

(a) Certified by the Oregon State Board of Nursing as a certified nursing assistant (CNA) under ORS 678.442;

(b) Who has successfully completed a training program and competency evaluation in accordance with 42 CFR 418.76(a); or

(c) Who has successfully completed a competency evaluation in accordance with 42 CFR 418.76(c).

(8) "Hospice program" means a coordinated program of home and inpatient care, available 24 hours a day, that utilizes an interdisciplinary team of personnel trained to provide palliative and supportive services to a patient-family unit experiencing a life-threatening disease with a limited medical prognosis. A hospice program is an institution for purposes of ORS 146.100.

(9) "Hospice services" means items and services provided to a patient-family unit by a hospice program or by other individuals or community agencies under a consulting or contractual arrangement with a hospice program. Hospice services include home care, inpatient care for acute pain and symptom management or respite, and bereavement services provided to meet the physical, psychosocial, emotional, spiritual and other special needs of a patient-family unit during the final stages of illness, dying and the bereavement period.

(10)

(a) "Interdisciplinary team" means a group of individuals working together in a coordinated manner to provide hospice care. An interdisciplinary team includes, but is not limited to, the patient-family unit, the patient's attending physician or clinician and one or more of the following hospice program personnel who are trained and experienced to provide hospice care:

(A) Physician;

(B) Physician associate;

(C) Nurse practitioner;

(D) Nurse;

(E) Nurse's aide or hospice aide;

(F) Occupational therapist;

(G) Physical therapist;

(H) Trained lay volunteer;

(I) Clergy or spiritual counselor;

(J) Credentialed mental health professional such as psychiatrist, psychologist, psychiatric nurse or social worker; or

(K) Naturopathic physician.

(b) The interdisciplinary team is not the same as the interdisciplinary group as that term is defined under 42 CFR 418.56; however, interdisciplinary team members may be included in the interdisciplinary group meetings. The purpose of the interdisciplinary team is to include the patient, patient's family, and the patient's attending physician or clinician when formulating a plan of care to ensure that the full range of needs of the patient and family are met.

(11) "Medicare Certification Number" means the unique identification number, also referred to as the Medicare Provider Number, assigned to a qualifying hospice program by CMS.

(12) "Nurse's aide" means a CNA certified by the Oregon State Board of Nursing under ORS 678.442.

(13) "Palliative care" has the meaning given that term in ORS 413.273.

(14) "Parent hospice program" means the program that provides supervision and administrative control to multiple locations providing care that are within a 60-mile radius from the parent hospice program's physical location.

(15) "Patient-family unit" includes an individual who has a life-threatening disease with a limited prognosis and all others sharing housing, common ancestry or a common personal commitment with the individual.

(16) "Person" includes individuals, organizations and groups of organizations.

(17) "Survey" means an inspection of an applicant for a hospice program license or a hospice program to determine the extent to which the applicant or hospice program is in compliance with state hospice program statutes, these rules and CMS Conditions of Participation.

(18) "These rules" means OAR 333-035-0110 through 333-035-0300.

Or. Admin. Code § 333-035-0120

PH 19-2010, f. 8-30-10, cert. ef. 9-1-10; PH 204-2022, renumbered from 333-035-0050, filed 11/18/2022, effective 11/18/2022; PH 6-2023, amend filed 01/27/2023, effective 1/27/2023; PH 49-2024, minor correction filed 06/06/2024, effective 6/6/2024

Statutory/Other Authority: ORS 443.860

Statutes/Other Implemented: ORS 443.850 & 443.867