OAR 411-070-0436: Employee Retention Payment Reimbursement Program

(1) ESTABLISHMENT. The Department establishes the Employee Retention Payment Reimbursement Program (Program). The Program is designed to promote the availability of nursing home level of care to Oregonians through the current direct-care workforce shortage. (2) FACILITY ELIGIBILITY. All licensed nursing facilities are eligible for participation in the Program, regardless of whether the facility is enrolled as a Medicaid provider. (3) VOLUNTARY. Participation in this program is highly encouraged by the Department but is not mandatory. (4) EMPLOYEE. For the purposes of this Program, an employee includes any employee whose regular worksite is at the location of the facility, regardless of whether the employee is part-time or full-time, hourly or salaried. Employee does not include contracted staff. (5) The Department will provide a one-time reimbursement to facilities that have issued a retention payment of $500 or more per employee and have properly submitted an approved claim form in the timeline provided. The maximum reimbursement will be $500 per employee, regardless of whether the facility has paid a higher retention payment, incurred additional administrative expenses, or incurred additional payroll-related expenses. (6) The reimbursement payment will be limited to employees who were employed continuously by the nursing facility from October 8, 2021 through November 15, 2021. The payment, from the nursing facility, will be provided to eligible employees after November 15, 2021, to ensure employees continued to be employed during the duration of the Program period. (7) CLAIM FORM. In order to receive reimbursement, nursing facilities must submit one claim form for the Program on a form adopted by the Department. The Department’s form will require the nursing facility to attest that all onsite employees were paid a minimum $500 retention payment, regardless of job classification. (8) TIMELINESS. Forms for the Employee Retention Payment Reimbursement Program must be submitted to the Department no earlier than December 1, 2021 and no later than December 31, 2021 in order to be eligible for reimbursement. Nursing facilities may only submit one claim form for reimbursement. (9) AUDIT. The Department may conduct audits and require verification of payment to qualifying employees at its discretion. (10) OVERPAYMENT. Nursing facilities are liable for refunding any overpayments to the Department.