Or. Admin. Code § 333-004-3190

Current through Register Vol. 63, No. 11, November 1, 2024

Section 333-004-3190 - Compliance with Federal and State Statutes

(1) Agencies are required to comply with the applicable sections of the federal and state statutes referenced in this rule.

(a) 5 CFR Part 84 that implements Title V, section 504 of the Rehabilitation Act of 1973, as amended;

(b) Title II and Title III of the Americans with Disabilities Act of 1991;

(c) Title VI and VII of the Civil Rights Act of 1964, as amended;

(d) 42 CFR Part 493 Laboratory Requirements and ORS chapter 438 (Clinical Laboratories);

(e) The Age Discrimination in Employment Act of 1967, as amended, and the Age Discrimination Act of 1975, as amended;

(f) The Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended; and

(g) Health Insurance Portability and Accountability Act (HIPAA) regarding the confidentiality of client records;

(h) All applicable federal and state laws and regulation pertaining to the provision of Medicaid Services under the Medicaid Act, Title XIX, 42 U.S.C. Section 1396 et. seq.;

(i) All applicable laws and regulations pertaining to Title XVIII, XIX, or XX of the Social Security Act; and

(j) All other applicable requirements of federal civil rights and rehabilitation statutes, rules and regulations.

(2) Providers described in ORS chapter 419B are required to report suspected child abuse or neglect to their local child welfare office of the Department of Human Services or police, in the manner described in ORS chapter 419B.

(3) The Clinical Laboratory Improvement Act (CLIA), requires all entities that perform even one laboratory test, including waived tests, on materials derived from the human body for the purpose of providing information for the diagnosis, prevention or treatment of any disease or impairment of, or the assessment of the health of, human beings to meet certain federal requirements. If an entity performs tests for these purposes, it is considered under CLIA to be a laboratory.

(4) Clinics that dispense medications may require registration and compliance with applicable rules of the Oregon Board of Pharmacy, OAR 855-043-0002 through 855-043-0750.

(5) An individual enrolling or re-enrolling in the RH Access Fund shall be given the opportunity to register to vote through completion of the RH Access Fund enrollment form, as applicable. Agencies are required to comply with all relevant National Voter Registration Act rules in OAR 165-005-0060 through 165-005-0070.

Or. Admin. Code § 333-004-3190

PH 84-2020, adopt filed 12/18/2020, effective 1/1/2021; PH 194-2022, minor correction filed 09/07/2022, effective 9/7/2022

Statutory/Other Authority: ORS 413.042, ORS 414.432, ORS 431.147, ORS 431.149 & OL 2022, ch. 45, sec. 10

Statutes/Other Implemented: ORS 414.432, ORS 431.147, ORS 413.032 & OL 2022, ch. 45, sec. 10