OAR 410-050-0860: Director Determines Assessment Rate

(1) The Director shall determine the inpatient and outpatient assessment rate separately. (2) The rate of assessment shall be imposed on the net revenue of each hospital subject to the assessment. The Director shall consult with representatives of hospitals before setting the rate. (3) The Director may reduce the inpatient or outpatient rate of assessment to the maximum rate allowed under federal law if the reduction shall set the assessment rate to an effective date that results in compliance with the maximum safe harbor rate required to comply with federal law. If the rate is changed pursuant to this section, the Director shall notify the hospitals as to the effective date of the rate change. (4) The Director may impose a different inpatient and outpatient assessment rate on Type A hospitals and Type B hospitals to take into account the hospital’s financial position. (5) A hospital is not guaranteed that any additional moneys paid to the hospital in the form of payments for services will equal or exceed the amount of the assessment paid by the hospital. (6) If the Director adjusts the rates, such changes shall be retroactively effective to the beginning of the calendar year quarter the adjustment occurs in.