OAR 409-039-0050: Waivers to Charge More than the Maximum Bill Rates

A temporary staffing agency, hospital, or facility may apply for a waiver of the maximum bill 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 bill 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 bill 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 bill rates; (b) It has exhausted all other possibilities to stay within the maximum bill 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. (3) Waivers approved by the authority permit a Temporary Staffing Agency to exceed the maximum bill rate for a certain period of time. Maximum Agency Margin must not exceed the percentage specified in OAR 409-039-0040(3).