Or. Admin. Code § 409-039-0010 - Definitions
The following definitions apply to OAR 409-039-0000 through 409-039-0120:
(1) "Activities of daily
living" means self-care activities that must be accomplished by an individual
to meet his or her daily needs, but do not necessarily occur on a daily
basis.
(2) "Agency Margin" means
the amount represented as a percentage of the bill rate, including any costs
not paid directly to the Personnel. This includes, but is not limited to,
administrative costs, contracting fees, employee costs, margin,
profit.
(3) "Authority" means
Oregon Health Authority.
(4)
"Certified medical assistant" means an individual who is certified through the
American Association of Medical Assistants as a certified medical assistant and
performs administrative and clinical tasks including taking and recording vital
signs, preparing patients for examinations, drawing blood, giving vaccines,
recording medical histories of patients, updating and filing patient medical
records, and other administrative and clinical tasks.
(5) "Certified nursing assistant" means an
individual who is certified as a certified nursing assistant by the Oregon
State Board of Nursing as provided in ORS
678.442 to ORS
678.448.
(6) "Direct caregiver" means a person who
provides assistance with activities of daily living or assistance with personal
care tasks, household and supportive services, or medication
services.
(7) "Emergency" has the
meaning given the term in ORS
401.025.
(8) "Emergency Waiver" refers to the process
outlined in OAR 409-039-0050(1).
(9) "Employment agency" has the meaning given
that term in ORS 658.005.
(10) "Facility" means an in-home care agency
as defined in 443.305; facility with a memory care endorsement facility as
described in ORS 443.886; residential care
facility as defined in ORS
443.400; or a skilled nursing
facility as defined in ORS
442.015 that engages a temporary
staffing agency to provide personnel to deliver health care services or
assistance with activities of daily living to clients, patients, or residents
of the facility.
(11) "Home care
worker" has the meaning given that term in ORS
410.600.
(12) "Home health agency" has the meaning
given for that term in ORS
443.014.
(13) "Hospital" has the meaning given for
that term in ORS 442.015.
(14) "In-home care agency" has the meaning
given for that term in ORS
443.305.
(15) "Indian Health Care Provider (IHCP)"
means an Indian health program operated by the Indian Health Service (IHS) or
by an Indian Tribe, Tribal Organization, or an urban Indian organization
(otherwise known as an I/T/U) as defined in section 4 of the Indian Health Care
Improvement Act (25 U.S.C.
1603).
(16) "Indian Health Program" means any IHS
facility, any federally recognized tribe or tribal organization, or any
Federally Qualified Health Center (FQHC) with a 638 designation.
(17) "In good standing" means the status of a
holder of a license, certification or registration that is not suspended,
revoked, expired, resigned or lapsed.
(18) "Licensed practical nurse" means:
(a) An individual who is licensed as a
licensed practical nurse by the Oregon State Board of Nursing as provided in
ORS 678.040 and ORS
678.050; or
(b) A non-Oregon individual who is licensed
and in good standing as a licensed practical nurse in another state if approved
by the Oregon State Board of Nursing, as provided by ORS
678.031, to practice as a
licensed practical nurse in this state on a single, temporary assignment of not
to exceed 90 days and renewable for not to exceed 90 days (the "90-Day Nurse
Licensure Exception").
(19) "Non-Emergency Waiver" refers to the
process outlined in OAR 409-039-0050(2).
(20) "Personal support worker" has the
meaning given that term in ORS
410.600.
(21) "Personnel" means:
(a) A registered nurse, licensed practical
nurse, certified medical assistant, certified nursing assistant or direct
caregiver who provides health care services or assistance with activities of
daily living to clients, patients or residents of a facility; or
(b) A registered nurse or certified nursing
assistant who provides health care services to patients for or on behalf of a
hospital that engages the temporary staffing agency with which the registered
nurse or certified nursing assistant is associated.
(22) "Program" means the Temporary Health
Care Staff Rate Setting Program in the Health Policy and Analytics Division of
the Oregon Health Authority.
(23)
"Program website" means the Authority's website for the Temporary Health Care
Staff Rate Setting Program, currently located at
https://www.oregon.gov/oha/hpa/hp-pco/pages/rate-setting.aspx.
(24) "Rate" means the total amount that a
temporary staffing agency may charge to or receive from a hospital or facility
that engages the temporary staffing agency to assign personnel to the hospital
or facility on a temporary basis.
(25) "Registered nurse" means:
(a) An individual who is licensed as a
registered nurse by the Oregon State Board of Nursing as provided in ORS
678.040 and ORS
678.050; or
(b) A non-Oregon individual who is licensed
and in good standing as a registered nurse in another state if approved by the
Oregon State Board of Nursing, as provided by ORS
678.031, to practice as a
registered nurse in this state on a single, temporary assignment of not to
exceed 90 days and renewable for not to exceed 90 days (the "90-Day Nurse
Licensure Exception").
(26) "Temporary staffing agency" means:
(a) An entity that operates in this state for
the purpose of providing temporary work to personnel providing health care
services or assistance with activities of daily living for or on behalf of
hospitals or facilities that engage the temporary staffing agency.
(b) "Temporary staffing agency" does not
include:
(A) A staff arrangement established
by an entity solely for use by the entity, or by any entity associated with the
entity, and in which the only costs are salaries paid to individuals who
perform work;
(B) An individual who
provides the individual's services on a temporary basis;
(C) An employment agency;
(D) Home health agencies licensed under ORS
443.015;
(E) In-home care agencies licensed under ORS
443.315; or
(F) Home care workers and personal support
workers listed on the home care registry.
Notes
Statutory/Other Authority: ORS 676.716
Statutes/Other Implemented: ORS 676.695 - 676.725
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