OAR 409-039-0040: Maximum Rates for a Hospital or Facility

(1) The maximum bill rates a Temporary Staffing Agency may charge to or receive from hospitals and facilities, as described in Section 3 of this rule: (a) Are based on the most recently available wage data from the Oregon Employment Department and include any applicable fringe benefits, charges for administrative and contract fees and other special charges; and (b) Bear a reasonable relationship to this wage data from the Oregon Employment Department. (2) The differences in the maximum bill rates established in this rule are based on the following factors: (a) The minimum wages in geographic regions of this state; (b) Shift differentials; (c) Holiday pay; (d) Type of licensed care setting; (e) Relevant state and federal regulatory requirements; (f) Personnel with specialty training; and (g) Information obtained through consultation with temporary staffing agencies and their representatives and providers of long-term care services, acute care services, and primary care services, or representatives of the providers described in this paragraph. (3) The maximum bill rates established under this Section include the maximum Agency Margin rate a temporary staffing agency can charge for each respective position. The maximum Agency Margin is 34.2%. (4) Maximum Bill Rates for a Hospital or Facility are effective as follows: (a) For calendar year 2025, maximum bill rates are effective starting January 1, 2025, and apply to rates negotiated on or after January 1, 2025. (b) For calendar year 2026, maximum bill rates are effective starting January 1, 2026, and apply to rates negotiated on or after January 1, 2026. (c) For calendar year 2027 and later, maximum bill rates will be published in the fourth quarter of the prior year and are effective January 1st of each year for service dates on or after January 1st. (5) Calendar year 2026 maximum bill rates are listed in 409-039-0040 Table 1. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.]