Or. Admin. Code § 409-039-0050 - Waivers to Charge More than the Maximum Rates
A temporary staffing agency, hospital, or facility may apply for a waiver of the maximum rates described in ORS 676.716 in either of the following two circumstances.
(1)
Emergency Waiver. A hospital, facility or temporary staffing agency that
intends to engage at a rate higher than a maximum rate established under ORS
676.716, in order to respond to
an Emergency or state of emergency, may request an Emergency Waiver of the
maximum rates pursuant to the process outlined in OAR 409-039-0060 in the
following circumstances:
(a) There is an
Emergency;
(b) A state of emergency
is declared pursuant to ORS
401.165; or
(c) The Governor declares a public health
emergency pursuant to ORS
433.441.
(2) Non-Emergency Waiver: A temporary
staffing agency, hospital, or facility may apply to the Authority for a
Non-Emergency Waiver of the maximum rates pursuant to the process outlined in
OAR 409-039-0070 if the applicant clearly demonstrates to the Authority that:
(a) it has made reasonable, good faith
efforts to stay within the maximum rates;
(b) it has exhausted all other possibilities
to stay within the maximum rates; and
(c) an acute incident has occurred, or an
imminent event is anticipated, that the applicant expects will substantially
and negatively impact access to care.
Notes
Statutory/Other Authority: ORS 676.722
Statutes/Other Implemented: ORS 676.695 - 676.725
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