Waiver of maximum rates; emergency waiver of maximum rates; rules

(1) The Oregon Health Authority shall establish a process through which a temporary staffing agency or an entity that engages a temporary staffing agency may apply to the authority for a waiver of the maximum rates described in ORS 676.716 in circumstances other than those described in subsection (2) of this section. The authority shall establish a period of time for which a waiver granted under this section is valid and a process through which a waiver may be renewed. (2)(a) The authority shall establish a process through which an entity that intends to engage a temporary staffing agency authorized under ORS 676.698 at a rate higher than a maximum rate established under ORS 676.716, may request an emergency waiver of the maximum rates. The process must allow the entity to submit a written request for an emergency waiver if: (A) There is an emergency, as defined in ORS 401.025, a state of emergency is declared pursuant to ORS 401.165 or a public health emergency is declared pursuant to ORS 433.441; and (B) The entity intends to engage the temporary staffing agency in order to respond to the emergency or state of emergency. (b) A request for an emergency waiver made pursuant to this subsection shall be automatically approved and issued upon submission to the authority. (c) An emergency waiver issued under this subsection is valid for 90 days and may be renewed. The authority shall approve or deny a request to renew an emergency waiver within three business days after receiving the request. (d) A temporary staffing agency engaged by an entity for which an emergency waiver is issued under this subsection may charge to or receive from the entity rates consistent with the emergency waiver. (3) The authority may adopt rules to carry out this section.