Or. Admin. Code § 409-039-0010

Current through Register Vol. 64, No. 1, January 1, 2025

Section 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.

Or. Admin. Code § 409-039-0010

OHP 5-2024, adopt filed 11/22/2024, effective 11/25/2024

Statutory/Other Authority: ORS 676.716

Statutes/Other Implemented: ORS 676.695 - 676.725