Establishment of community benefit spending floor; rules

(1) Every two years, the Oregon Health Authority shall establish a community benefit spending floor as provided in this section based on objective data and criteria, including but not limited to the following: (a) Historical and current expenditures on community benefits by the hospital and the hospital’s affiliated clinics. (b) Community needs identified in the community needs assessment conducted by the hospital in accordance with section 501(r)(3) of the Internal Revenue Code, and community health assessments and community health improvement plans of coordinated care organizations that serve the same geographic area served by the hospital and the hospital’s affiliated clinics, in accordance with ORS 414.575 and 414.578. (c) The hospital’s need to expand the health care workforce. (d) The overall financial position of the hospital and the hospital’s affiliated clinics based on audited financial statements and other objective data. (e) The demographics of the population in the areas served by the hospital and the hospital’s affiliated clinics. (f) The spending on the social determinants of health by the hospital or the hospital’s affiliated clinics. (g) Taxes paid by the hospital and the hospital’s payments, in lieu of taxes, paid to: (A) A local government; (B) The state; or (C) The United States government. (h) Criteria governing the manner in which the authority will consider input received from the general public under subsection (2)(c) of this section. (i) The hospital’s obligations and commitments, as reported to the Internal Revenue Service, to: (A) Fund, support or provide health professions education; and (B) Fund health research. (j) For the Oregon Health and Science University hospital, its obligation to carry out the public purposes and missions specified in ORS 353.030. (2) In establishing the community benefit spending floors under subsection (1) of this section, the authority shall: (a) Consult with representatives of hospitals; (b) Provide an opportunity for hospitals and hospital-affiliated clinics to respond to any findings; (c) Solicit and consider comments from the general public; and (d) Consult with or solicit advice from one or more individuals with expertise in the economics of health care. (3) The authority shall adopt by rule alternative methodologies for hospitals and hospital-affiliated clinics to report data and to apply the community benefit spending floors, including but not limited to: (a) By each individual hospital and all of the hospital’s nonprofit affiliated clinics; (b) By a hospital and a group of the hospital’s nonprofit affiliated clinics; and (c) By all hospitals that are under common ownership and control and all of the hospitals’ nonprofit affiliated clinics. (4) Each hospital shall be provided the opportunity to select the applicable methodology from those adopted by the authority by rule under subsection (3) of this section. (5) The authority may adopt rules necessary to carry out the provisions of this section.