OAR 333-003-1055: Declared Emergency: Waiver of Rules Applicable to Acute Care Health Care Facilities, Outpatient Renal Dialysis, Hospice, Home Heath, Emergency Medical Services, and Hemodialysis Due to Federal 1135 Waivers

(1) This rule applies to: (a) Hospitals; (b) Ambulatory surgical centers; (c) Special inpatient care facilities; (d) Outpatient renal dialysis facilities; (e) Hospice; (f) Home health agencies; (g) Emergency medical services providers; (h) Ambulance service providers; and (i) Hemodialysis technicians. (2) The purpose of this rule is to ensure that the entities listed in section (1) of this rule have the flexibility to provide appropriate and necessary services during an emergency declared by the President of the United States and a Public Health Emergency declared by the Secretary for Health and Human Services, and when the Centers for Medicare and Medicaid Services (CMS) has approved temporary modifications and waivers that apply to Oregon under Section 1135 of the Social Security Act. (3) In order to accomplish the purposes identified in section (2) of this rule, all rules in OAR chapter 333, divisions 027, 035, 071, 076, 250, 255, 265, 275, 500 through 535, and 700 that are inconsistent with an § 1135 waiver issued by the CMS are suspended for all entities and facilities covered by the waivers. (4) The Oregon Health Authority (Authority), as time and resources permit, shall issue guidance concerning the rules affected by this rule. (5) The Authority shall post any guidance issued under this rule at: http://www.healthoregon.org/hflc or http://www.healthoregon.org/ems. (6) If an § 1135 waiver described in section (2) of this rule is rescinded or terminated by CMS, any rule that was suspended based on this rule will again be effective at the time the § 1135 waiver ends.