Oregon Oregon Health Authority, Public Health Division

Rule Rule 333-510-0120
Nurse Staffing Plan Mediation


(1)

If the staffing committee is unable to reach an agreement on the staffing plan, either co-chair of the staffing committee may invoke a waiting period of 30 business days.

(a)

During the 30-day waiting period, the staffing committee shall continue to develop the staffing plan; and

(b)

The hospital shall promptly respond to any reasonable requests for data that is related to the impasse and is submitted by either co-chair of the staffing committee.

(2)

If at the end of the 30-day waiting period, the staffing committee remains unable to reach an agreement on the staffing plan, one of the staffing committee co-chairs shall notify the Authority of the impasse. This notification shall include:

(a)

Documentation that the staffing committee voted on the provision or provisions in question and a deadlock resulted;

(b)

Documentation that either co-chair of the staffing committee formally invoked a 30-day waiting period;

(c)

Documentation that during the 30-day waiting period, the staffing committee continued to develop the staffing plan including documentation of options the staffing committee considered after invoking the 30-day waiting period;

(d)

Documentation of any reasonable requests for data submitted to the hospital by either staffing committee co-chair and the hospital’s response, if any; and

(e)

Documentation that the staffing committee voted on the provision or provisions in question again after the 30-day waiting period formally ended and another deadlock resulted.

(3)

No more than 15 business days after receiving notice of an impasse, the Authority shall assign the staffing committee a mediator to assist the staffing committee in reaching an agreement on the staffing plan.

(a)

Mediation shall be consistent with requirements for implementing and reviewing staffing plans set forth in ORS 441.155 (Written staffing plan for nursing services) and 441.156 (Annual review of nurse staffing plan) and OAR chapter 333 division 510 rules; and

(b)

Mediation shall be provided for no more than 90 calendar days.

(4)

The Authority may impose civil monetary penalties against a hospital, if the staffing committee is unable to reach an agreement on the staffing plan after 90 days of mediation.
Source

Last accessed
Jun. 8, 2021