Background
House Bill (HB) 2665 (2023) is the latest response to increases in the use of temporary staffing in health care due to the COVID-19 pandemic, workforce shortage crisis and other factors.
Senate Bill 1549 (2022) – which preceded HB 2665 – required Oregon Health Authority (OHA) to:
- Issue temporary staffing agency licenses to qualified applicants.
- Adopt rules to regulate temporary staffing agencies.
- Report to the legislature on how a temporary staffing rate-setting process that prioritizes compensation, quality care outcomes for consumers and fiscal viability of care providers could work in Oregon.
New Rules and Maximum Wage Rates to Take Effect Jan. 1, 2025
As a continuation of this work, HB 2665 (2023) directs OHA to set the maximum reimbursement rates for temporary health care staff who provide direct care as defined by the bill in Section 3(2)(a)(b):
A registered nurse, licensed practical nurse, certified medical assistant, certified nursing assistant or direct caregiver who provides health care services or assistance with activities of daily living to clients, patients or residents for or on behalf of an in-home care agency as defined in ORS 443.305, a facility with a memory care endorsement as described in ORS 443.886, a residential care facility as defined in ORS 443.400 or a skilled nursing facility as defined in ORS 442.015 that engages the temporary staffing agency with which the registered nurse, licensed practical nurse, certified medical assistant, certified nursing assistant or direct caregiver is associated; or
(b) A registered nurse or certified nursing assistant who provides health care services to patients for or on behalf of a hospital that engages the temporary staffing agency with which the registered nurse or certified nursing assistant is associated.
HB 2665 requires implementation of the following work by January 2025:
- Rules to set the maximum rates for temporary staff outlined below.
- An exception process for temporary staffing agencies and entities that use temporary staff. They can use this process to ask OHA to waive the maximum rate limits.
- Processes for complaints, investigations and civil penalties through OHA’s Health Licensing Office.
- Annual review of the maximum rates.
Who Is Affected by the New Rules and Rates?
These changes will affect temporary staff working at specific facilities and hospitals in the following roles:
- Registered nurse
- Licensed practical nurse
- Certified medical assistant
- Certified nursing assistant
- Direct caregiver
Current Work
OHA is performing a detailed environmental scan and compiling national research to inform the rate-setting process. OHA will also:
- Collect wage information on the specific health care occupations in Oregon,
- Conduct analysis to develop initial maximum rates,
- Create the annual rate setting process,
- Consult with interested groups, and
- Conduct rulemaking in 2024.
OHA will provide updates on this page as they become available.