OAR 333-018-0011
Race, Ethnicity, Language and Disability COVID-19 Data Reporting

(1) The reporting requirements in this rule are in addition to the information required to be reported under OAR 333-018-0010 (Form of the Report).
(2) For purposes of this rule:
(a) “Congregate setting” means an environment where a number of people reside, meet or gather in close proximity for either a limited or extended period of time, and include but are not limited to homeless shelters, group homes, prisons, detention centers, schools and workplaces.
(b) “Encounter” means an interaction between a patient, or the patient’s legal representative, and a health care provider, whether that interaction is in person or through telemedicine, for the purpose of providing health care services related to COVID-19, including but not limited to ordering or performing a COVID-19 test.
(c) “Federally qualified health center” has the meaning given that term in OAR 410-120-0000 (Acronyms and Definitions).
(d) “Health care facility” has the meaning given that term in ORS 442.015 (Definitions).
(e) “Health care provider” has the meaning given that term in Oregon Laws 2020, 1st Special Session, chapter 12, section 40.
(f) “Health system” means an organization that delivers health care through at least one hospital in Oregon and through other facilities, clinics, medical groups, and other entities, all under common control or ownership.
(g) “Hospital” has the meaning given that term in ORS 442.015 (Definitions) and includes hospital satellites as that is defined in OAR 333-500-0010 (Definitions).
(h) “Long term care facility” has the meaning given that term in ORS 442.015 (Definitions).
(3) Beginning October 1, 2020, the following health care providers at the time of an encounter, or as soon as possible thereafter, must collect data on race, ethnicity, preferred spoken and written language, English proficiency, interpreter needs and disability status in accordance with OAR chapter 943, division 70, and provide that data to the Authority when reporting COVID-19 information as required in OAR 333-018-0016 (Reporting of COVID-19 Related Test Results, Cases and Deaths), or if approved by the Authority, at least on a weekly basis as long as the demographic data can be linked to the COVID-19 reportable disease reports:
(a) Hospitals except for licensed psychiatric hospitals, and clinical laboratories licensed under ORS 438.110 (Standards for issuance and renewal of laboratory license) operating within a hospital.
(b) Health care providers within a health system, except for clinical laboratories licensed under ORS 438.110 (Standards for issuance and renewal of laboratory license).
(c) Health care providers working in a federally qualified health center, except for clinical laboratories licensed under ORS 438.110 (Standards for issuance and renewal of laboratory license) operating within a federally qualified health center.
(4) No later than March 1, 2021, the following health care providers at the time of an encounter, or as soon as possible thereafter, must collect data on race, ethnicity, preferred spoken and written language, English proficiency, interpreter needs and disability status in accordance with OAR chapter 943, division 70, and provide that data to the Authority when reporting COVID-19 information as required in OAR 333-018-0016 (Reporting of COVID-19 Related Test Results, Cases and Deaths), or if approved by the Authority, at least on a weekly basis as long as the demographic data can be linked to the COVID-19 reportable disease reports:
(a) Health care facilities, except for clinical laboratories licensed under ORS 438.110 (Standards for issuance and renewal of laboratory license) operating within such facilities.
(b) Health care providers working in or with individuals in a congregate setting, except for clinical laboratories licensed under ORS 438.110 (Standards for issuance and renewal of laboratory license) operating within such congregate settings.
(5) No later than October 1, 2021, all health care providers at the time of an encounter must collect data on race, ethnicity, preferred spoken and written language, English proficiency, interpreter needs and disability status in accordance with OAR chapter 943, division 70, and provide that data to the Authority when reporting COVID-19 information as required in OAR 333-018-0016 (Reporting of COVID-19 Related Test Results, Cases and Deaths), or if approved by the Authority, at least on a weekly basis as long as the demographic data can be linked to the COVID-19 reportable disease reports.
(6) The reporting required under this rule must be submitted in the following manner:
(a) Until October 1, 2021:
(A) Through the Online Morbidity Report System, which can be found at: www.healthoregon.org/howtoreport; or
(B) By facsimile but only if the Online Morbidity Report System for reporting COVID information is not operable; or
(C) Through electronic case reporting in accordance with standards established by the Authority in its Electronic Case Reporting (ECR) Manual, or another means, if approved by the Authority.
(b) On or after October 1, 2021, through electronic case reporting in accordance with standards established by the Authority in its ECR Manual.
(7) A health care provider is not required to collect the data described in this rule and provide it to the Authority if the provider:
(a) Has previously collected the information and submitted it to the Authority in accordance with this rule within the last 12 months.
(b) Has knowledge that another health care provider has collected the data and submitted it to the Authority in accordance with this rule within the last year.
(c) The patient or the patient’s caregiver is unable to provide answers to the questions because of incapacity.
(8) A health care provider who for reasons outside of their control cannot meet the collection and reporting requirements in this rule by the deadlines established in this rule, may submit to the Authority in writing, a request for an extension of time. The Authority may, at its discretion, grant or deny an extension.
(9) Nothing in this rule is intended to prevent a health care provider from collecting and reporting race, ethnicity, preferred spoken and written language, English proficiency, interpreter needs and disability status information to the Authority in accordance with OAR chapter 943, division 70, before the deadlines established in this rule.

Source: Rule 333-018-0011 — Race, Ethnicity, Language and Disability COVID-19 Data Reporting, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-018-0011.

Last Updated

Jun. 8, 2021

Rule 333-018-0011’s source at or​.us