Conning the Competition

Category

Types of CONs

Or. Admin. R.

Full Review

Hospital Beds

1.Any increase in bed capacity of a service or facility.

333-550-0010(2)

Expedited Review

Hospital Beds

2.Relocation of existing long-term care beds to a hospital-based setting, if: (a) the long-term care beds are relocated from one existing long-term care facility to only one licensed long-term care facility which is within the same standard metropolitan statistical area or within 15 miles of the hospital, whichever is greater; and (b) the project involves the relocation of not more than 50% of the licensed long-term care beds from one site to another.

333-560-0130(1)(a)–(b)

Full Review

Beds Outside Hospitals

1.Any increase in the skilled nursing bed capacity of a long-term care facility by more than 10 beds or more than 10% of the current long-term care bed capacity, whichever is less, within a 2-year period after the most recent increase in beds at the facility.

2.Any increase in the intermediate care bed capacity of a long-term care facility by more than 10 beds or more than 10% of the current long-term care bed capacity, whichever is less, within a 2-year period after the most recent increase in beds at the facility.

333-550-0010(3)(b)

3.Remodeling a long-term care facility which involves replacement through new construction of at least 50% of the facility’s structural bed capacity.

333-550-0010(3)(c)

4.Relocation of existing long-term care beds from one licensed health care facility to another.

Or. Rev. Stat. §§ 442.015(20),

442.315(1); Or. Admin. R. 333-550-0010(3)(e)

Expedited Review

Beds Outside Hospitals

5.Relocation or replacement of existing long-term care beds, which includes relocation of all or part of the beds in two existing long-term care facilities within the same service area, at either one of the facilities, or at a new location in the same service area.

333-560-0110

Abbreviated Review Available

Beds Outside Hospitals

6.Relicensing long-term care beds by a facility participating in Seniors and People with Disabilities Division approved Nursing Home Vision 2000 Project if all of the conditions in the section are met.

333-560-0010(3)

Category

Types of CONs

Or. Admin. R.

Full Review

Equipment

Acquisition by hospitals, skilled nursing facilities or intermediate care facilities of any of the following equipment:

1.Magnetic resonance imaging scanners.

2.Positron emission tomography scanners.

3.Cardiac catheterization equipment.

4.Megavoltage radiation therapy equipment.

5.Extracorporeal shock wave lithotripters.

Or. Rev. Stat. § 442.315(9)

Full Review

Facilities/Buildings

1.New hospital, which includes any facility that did not offer inpatient hospital services on a regular basis within its service area within the prior year and is initiating or proposing to initiate those services.

Or. Rev. Stat. §§ 442.015(20), 442.315(1); Or. Admin. R. 333-550-0010(2)

2.Replacement, rebuilding or relocation of an existing hospital that involves a substantial increase in services (including any increase in bed capacity of the service or facility) or change in the services (including establishment of new health service) offered.

Or. Rev. Stat. §§ 442.015(19), 442.315(1); Or. Admin. R. 333-550-0010(2)

3.New skilled nursing facility.

Or. Rev. Stat. §§ 442-015(20), 442.315(1)

4.Rebuilding an existing skilled nursing facility, which includes construction in which at least 50% of the existing square footage is replaced through new construction or remodeling if the cost is at least 50% of the estimated replacement cost of the facility.

Or. Rev. Stat. §§ 442-015(20), 442.315(1); Or. Admin. R. 333-550-0010(3)(c)

5.Relocation of an existing skilled nursing facility building to a new site.

Or. Rev. Stat. §§ 442-015(21), 442.315(1); Or. Admin. R. 333-550-0010(3)(d)

6.New intermediate care facility.

Or. Rev. Stat. §§ 442-015(20), 442.315(1)

7.Rebuilding an existing intermediate care facility, which includes construction in which at least 50% of the existing square footage is replaced through new construction or remodeling if the cost is at least 50% of the estimated replacement cost of the facility.

Or. Rev. Stat. §§ 442-015(20), 442.315(1); Or. Admin. R. 333-550-0010(3)(c)

8.Relocation of an existing intermediate care facility building to a new site.

Or. Rev. Stat. §§ 442-015(20), 442.315(1); Or. Admin. R. 333-550-0010(3)(d)

9.Development or establishment of a health care facility of any new health maintenance organization.

Or. Rev. Stat.

§ 442.325(1)

Expedited Review

Facilities/Buildings

10.Rebuilding of all or part of a long-term care facility within its service area.

333-560-0110

Category

Types of CONs

Or. Admin. R.

Accelerated Review

Facilities/Buildings

11.Development of a “new hospital” when all of the conditions in the section are met.

333-560-0140

Abbreviated Review Available

Facilities/Buildings

12.Establishment of a new health facility that will predominantly or exclusively service medically indigent patients.

333-560-0010(1)

13.Partnerships or joint ventures between hospitals, health systems and existing non-hospital-based, long-term care facilities neither owned or controlled by the same entity.

333-560-0010(2)

14.Development of a freestanding hospice facility if all of the conditions in the section are met.

333-560-0010(4)

15.Development of a new Oregon State Hospital facility.

333-560-0010(5)

Full Review

Services

1.New skilled nursing service by initiation of inpatient skilled nursing services by a new facility.

2.New skilled nursing service by health care facility that did not offer such services within the prior year.

3.New intermediate care service by initiation of inpatient intermediate care services by a new facility.

4.New intermediate care services by health care facility that did not offer such services within the prior year.

Or. Rev. Stat.

§ 442.315(1); Or. Admin. R. 333-550-0010(3)(a)

5.A change in the category of a license for an already-operating hospital if the hospital proposes to offer one or more new services not encompassed within its existing license.

333-550-0010(2)

6.Change in services of an existing long-term care facility if the new services are not within the scope of services allowable under a long-term care facility license and require licensure under a hospital licensure category.

Or. Rev. Stat.

§ 442.315(1); Or. Admin. R. 333-550-0010(3)(a)

7.A series of projects which affect a single health service which in the aggregate exceeds any of the CON thresholds and when 12 months or less can be expected to elapse or have elapsed between the completion of the first component of the project and the start of the next component of the project.

333-550-0000(6)

8.Burn care.

9.Trauma care.

10.Inpatient psychiatric services.

11.Inpatient chemical dependency services.

12.Inpatient rehabilitation services.

13.Open heart surgery.

14.Organ transplant services.

15.Establishment of a new health facility that will predominantly or exclusively service medically indigent patients.

Or. Admin. R.

333-560-0010(1); Or. Rev. Stat. § 442.315(9)

Emergency Medical Transport

No CONs in this category.

No CON Required For:  

Citation 

1.Religious institutions that conduct remedial care or treatment “solely by prayer or spiritual means.” 

Or. Rev. Stat. § 441.065(1) 

2.Reinstatement of services by an established hospital which has experienced an interruption of services of less than a year. 

Or. Admin. R 333-550-0010(2), (4) 

3.A change in category of license for an already-operating hospital that does not offer one or more new services. 

Or. Admin. R 333-550-0010(2) 

4.Expansion of an existing hospital at its current site that does not involve a substantial increase or change in the services offered. 

Or. Admin. R 333-550-0010(2) 

5.A change in ownership of a skilled nursing or intermediate care facility. 

Or. Admin. R 333-550-0010(3)(a) 

6.A change in the services of an existing long-term facility if the new services are within the scope of services allowable under a long-term care facility and do not require licensure under a hospital licensure category. 

Or. Admin. R 333-550-0010(3)(a) 

7.Development of operating units or areas of the hospital dedicated exclusively to the provision of ambulatory surgery services. 

Or. Admin. R 333-550-0010(4) 

8.The replacement by any hospital, skilled nursing or intermediate care service or facility of equipment of similar basic technological function or an upgrade that improves the quality or cost-effectiveness of the service provided. 

Or. Rev. Stat. § 442.315(7) 

9.Operation of rural hospitals, except for a new hospital or a new skilled nursing or intermediate care facility not operating as a Medicare swing bed program. 

Or. Rev. Stat. §§ 442.315(8), 442.347 

10.The provision of basic health services by a hospital. 

Or. Rev. Stat. § 442.315(9) 

11.Any activity of a health maintenance organization (HMO) which does not involve the direct delivery of health services. 

Or. Rev. Stat. § 442.325(2) 

12.Any decision of an HMO involving its organizational structure, its arrangements for financing health services, the terms of its contracts with enrolled beneficiaries or its scope of benefits. 

Or. Rev. Stat. § 442.325(3) 

13.Ambulatory surgical centers performing only ophthalmic surgery. 

Or. Rev. Stat. § 442.344 

14.Residential care facilities. 

Or. Rev. Stat. §§ 442.015(18)(b),

443.400 et seq.