Overview
HB 2665 accounts for specific situations in which a hospital, facility or Temporary Staffing Agency (TSA) may need to apply for a temporary exception to the maximum rate caps. The qualifying reasons are outlined in the bill and rule language and can be found in the ‘How to prepare your Maximum Rate Waiver Application’ section below. To apply for the waiver, the entity must be able to clearly identify the qualifying reason and provide justification and information that will assist OHA in determining the accuracy of their request.
IMPORTANT: Once you begin your online waiver application, you must complete the application in a single session. There is no option to save progress or partially complete and return to your application. Because of the specific questions and information you are required to provide, it is imperative that you review the waiver preparation guidance prior to beginning your application process.
Please note, any waivers (aside from new Emergency waivers) filed with the Authority after 4:00 p.m. Pacific Time on a weekday, or on a Saturday, Sunday, or legal holiday are considered received on the following business day. For full administrative timeline information refer to
OAR 409-039-0060, 409-039-0070, and 409-039-0080.
To complete the online Maximum Rate Waiver Application, you will be required to provide specific information. Please note, if this information is not entered correctly, you will not be able to submit your online waiver application.
- Hospital/Facility or TSA License Information: Waivers are requested by single facility/agency license. You will need to provide the following;
- Facility ID, License/Registration Number, or the Provider Transaction Access Number (PTAN) (dependent on facility or agency type/licensing agency) for the business
- Date the facility/hospital/agency license/registration/facility ID number was issued by the licensing agency
- The licensing agency (e.g. Safety Oversight and Quality, Health Care Regulation and Quality Improvement, or Health Licensing Office)
- The physical address of the facility or hospital (should match the license/registration/facility id information)
- If you/the applicant are with a TSA, you will need to provide your contact information as well as a facility/hospital contact. Including name, email, physical address and phone number. If you/the applicant are part of a facility or hospital, you will need to provide your contact information as well as the contact information for the TSA you are working with. Including name, email, physical address and phone number.
- Waiver Type: Determine your Waiver request type (Emergency or Non-Emergency) by aligning with the Oregon Revised Statute (ORS) and Oregon Administrative Rule (OAR) guidance.
- An Emergency Waiver may be requested if;
- There is an Emergency as defined in ORS 401.025
- The Governor declared a state of emergency pursuant to ORS 401.165
- The Governor declared a public health emergency pursuant to ORS 433.441
- A Non-Emergency Waiver may be requested if an acute incident has occurred or an imminent event is anticipated. Once you indicate your primary reason, you will then need to select the related Non-Emergency Incident or Event from the drop down. These options are;
- Waiver Period/Length: Determine your desired Waiver length. Non-Emergency Waivers have the option of 30, 60 or 90 calendar days. Emergency Waivers are automatically assigned a 90-calendar day waiver period, as this is the only duration available for this waiver type. The start/effective date of the waiver is the day after approval (for non-emergency waivers), or you can opt to select a delayed start date within the application.
NOTE: Emergency and non-emergency waivers have the option to apply for a renewal, which extends the existing waiver for a set period of time.
- Number of Personnel, Role and Desired Bill Rate: You will need to provide the number of personnel per role you are applying to waive the maximum bill rate for, and your desired bill rate for each role.
- Visit the HB2665 FAQ for a summary of personnel subject to maximum rates or refer directly to the Oregon Administrative Rules (OAR)
- Ensure you are determining your desired bill rate, not wage rate. Refer to the rate information to understand how bill rate is calculated, including the limit on the TSA margin within that bill rate. A TSA may not exceed the 34.2% margin cap and may not retain funds greater than 34.2% of the bill rate.
- Prepare your Justification Narrative: You will need to provide justification and information that will assist OHA in determining the accuracy of your request; please be aware the word limit is 300. Non-Emergency Waiver application justifications, should include information to demonstrate the requirements as outlined in OAR 409-039-0050 (2).
Provides step by step guidance for completing a new waiver of maximum rates application.
This is specific to the online waiver application process and does not include detailed information about what content you are required to prepare. For detailed content information, refer to the “How to prepare your maximum rate waiver application" above.
Process Guidance for a new waiver application
You can request this information in other languages, large print, braille, or a format you prefer free of charge.
Provides step by step guidance for completing a renewal application for an approved waiver of maximum rates. A renewal should only be used when want to extend the time of your waiver. You will not have the option to change any rates, staff counts or the waiver justification within your application. You will need your original waiver application number to begin this process.
Refer to OAR 409-039-0060 (Emergency) and OAR 409-039-0070 (Non-Emergency) to ensure you are submitting your renewal within the allowable renewal application time frame.
Process Guidance for a renewal waiver application
You can request this information in other languages, large print, braille, or a format you prefer free of charge.
Provides step by step guidance for completing a reconsideration application for a denied waiver of maximum rates application. You will need your original waiver application number, an updated justification for the request, and new/additional justification narrative that directly addresses the denial reason provided in your denial email.
A request for consideration must be submitted within ten (10) business days of denial per OAR 409-039-0080.
Process Guidance for a reconsideration application
You can request this information in other languages, large print, braille, or a format you prefer free of charge.