Or. Admin. Code § 410-144-0005

Current through Register Vol. 63, No. 12, December 1, 2024

Section 410-144-0005 - [Effective until 3/23/2025] Definitions

(1) "Employee Retirement Income Security Act of 1974 (ERISA)" means the federal law that sets minimum standards for most voluntarily established retirement and health plans in private industry to provide protection for individuals in these plans.

(2) "Essential Workforce Health Care Fund (EWHF)" means a jointly administered employee welfare benefit plan governed by ERISA and applicable law that has been established for the purpose of providing health and related benefits to employees of participating employers and their beneficiaries and under the conditions specified in the EWHF Plan in accordance with SB 800 (2021).

(3) "Essential Workforce Development Program (EWDP)" means a Medicaid supplemental payment program for qualified nursing facilities (NFs) authorized in the Medicaid State Plan amendment as the CareWorks Supplemental Payment Program. Supplemental payments shall be made to qualified nursing facilities participating in a qualified labor-management training trust that expand on-the-job training, apprenticeship opportunities and other programs that support the development of NF health care professionals in accordance with HB 3396 and SB 1049 (2023).

(4) "Qualified Labor Management Training Trust" means a joint labor management training trust with (a) equal voting rights of labor and management trustees; (b) provides high quality education and training to healthcare workers across multiple nursing facilities statewide; (c) was in existence when HB 3396 was signed into law; and (d) agrees to use Net Payments exclusively for the benefit of Oregon nursing facilities.

(5) "Facility" means a facility that is:

(a) A long-term care facility licensed under ORS 441.020;

(b) A residential facility as defined in ORS 443.400; or

(c) An in-home care agency licensed under ORS 443.315.

(6) "Authority" means Oregon Health Authority.

(7) "Participating employer" means an operator of a facility that:

(a) Is a participating provider in the state medical assistance program (defined in OAR 410-120-0000);

(b) Elects to participate in the Oregon Essential Workforce Health Care Program; and

(c) Meets requirements prescribed by the Oregon Health Authority in this rule.

(8) "Nursing Facility" means a long-term care facility licensed under ORS 441.020.

(9) "Qualified Nursing Facility" means an operator that:

(a) Is a participating provider in the state medical assistance program (defined in OAR 410-120-0000);

(b) Have received a Medicaid payment for a nursing facility claim for services provided during the effective dates of payment.

(c) Be a privately-owned nursing facility.

(d) Participate in a labor-management training trust that supports the development of health care professionals during the effective date; and

(e) Have a memorandum of understanding with the Authority that specifies how the supplemental payments shall be used to support training health care workers.

Or. Admin. Code § 410-144-0005

DMAP 52-2023, adopt filed 06/30/2023, effective 6/30/2023; DMAP 123-2024, temporary amend filed 09/25/2024, effective 9/25/2024 through 3/23/2025

Statutory/Other Authority: ORS 410.070 & 413.042

Statutes/Other Implemented: ORS 410.070, 414.033 & OL 2021 ch. 595