OAR 410-120-0011
Effect of COVID-19 Emergency Authorities on Administrative Rules


(1) Under authority of the President’s declaration of a national emergency related to COVID-19:
(a) On March 25, 2020 the Centers for Medicare and Medicaid Services (CMS) approved temporary modifications and waivers requested by the Authority under Section 1135 of the Social Security Act to certain Medicaid, CHIP, and HIPAA requirements (March 25 State Specific Waiver, posted at https://govstatus.egov.com/OR-OHA-COVID-19).
(b) On March 13, 2020, CMS issued a blanket 1135 waiver, applicable to all fifty of the United States, of certain requirements set forth in Titles XVIII, XIX, and XXI of the Social Security Act (March 13 Blanket Waiver, described at https://www.cms.gov/files/document/covid19-emergency-declaration-health-care-providers-fact-sheet.pdf).
(c) On March 26, 2020, CMS issued a letter to the Oregon Association of Hospitals and Health Systems, waiving certain federal requirements applicable to hospitals and other providers (March 26 Provider Waiver, posted at https://static1.squarespace.com/static/5e712c5039792019ff647a40/t/5e7ed359d5037c1157b16618/1585369947488/OR-Oregon+Waiver+Approval+3-26-2020.pdf).
(d) On or before March 30, 2020, CMS issued a number of COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (CMS Blanket Provider Waivers, posted at https://www.cms.gov/about-cms/emergency-preparedness-response-operations/current-emergencies/coronavirus-waivers).
(2) In this rule, “COVID-19 Emergency Authorities” means the March 25 State Specific Waiver, the March 13 Blanket Waiver, the March 26 Provider Waiver, the CMS Blanket Provider Waivers, and all emergency orders or declarations relating to COVID-19 by the Governor of the State of Oregon (posted at https:/­/­www.oregon.gov/­gov/­admin/­Pages/­executive-orders.aspx) or by the Authority (posted at https://govstatus.egov.com/OR-OHA-COVID-19, tab on “OHA Guidance and Emergency Rules”). In the event of termination or withdrawal of any of the COVID-19 Emergency Authorities in effect on the date this rule is adopted, the term “COVID-19 Emergency Authorities” means only those waivers, emergency orders or declarations described in the previous sentence that remain in effect.
(3) The purpose of this rule is to ensure medical assistance programs provide all appropriate and necessary services, providers are able to operate and deliver services effectively and efficiently, and the medical assistance programs are administered effectively and efficiently, all in accordance with the COVID-19 Emergency Authorities with the goal of reducing adverse impacts from COVID-19.
(4) In order to accomplish the purposes identified above, and consistent with the COVID-19 Emergency Authorities, all rules in this chapter inconsistent with the COVID-19 Emergency Authorities are hereby suspended. OHA shall issue guidance concerning any rule in this chapter 410 that is inconsistent with the COVID-19 Emergency Authorities and is deemed to be suspended pursuant to this paragraph.
(5) In addition to issuing the guidance described in section (4) of this rule, the Authority may do any of, or any combination of, the following:
(a) Issue guidance on how an existing rule in this chapter is to be interpreted and applied;
(b) Suspend one or more existing rules in this chapter, in accordance with normal administrative procedures or by the Governor’s rule suspension authority; or
(c) Adopt one or more temporary rules in this chapter, in accordance with normal administrative procedures.
(6) OHA shall post any guidance issued under this rule at https://govstatus.egov.com/OR-OHA-COVID-19, tab on “OHA Guidance and Emergency Rules.”

Source: Rule 410-120-0011 — Effect of COVID-19 Emergency Authorities on Administrative Rules, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=410-120-0011.

410‑120‑0000
Acronyms and Definitions
410‑120‑0003
OHP Standard Benefit Package
410‑120‑0006
Medical Eligibility Standards
410‑120‑0011
Effect of COVID-19 Emergency Authorities on Administrative Rules
410‑120‑0025
Administration of Division of Medical Assistance Programs, Regulation and Rule Precedence
410‑120‑0030
Children’s Health Insurance Program
410‑120‑0035
Public Entity
410‑120‑0045
Applications for Medical Assistance at Provider locations
410‑120‑0250
Managed Care Entity
410‑120‑1140
Verification of Eligibility and Coverage
410‑120‑1160
Medical Assistance Benefits and Provider Rules
410‑120‑1180
Medical Assistance Benefits: Out-of-State Services
410‑120‑1190
Medically Needy Benefit Program
410‑120‑1195
SB 5548 Population
410‑120‑1200
Excluded Services and Limitations
410‑120‑1210
Medical Assistance Benefit Packages and Delivery System
410‑120‑1260
Provider Enrollment
410‑120‑1280
Billing
410‑120‑1285
Recoupment and Data Sharing with Third-Party Insurers
410‑120‑1295
Non-Participating Provider
410‑120‑1300
Timely Submission of Claims
410‑120‑1320
Authorization of Payment
410‑120‑1340
Payment
410‑120‑1350
Buying-Up
410‑120‑1360
Requirements for Financial, Clinical and Other Records
410‑120‑1380
Compliance with Federal and State Statutes
410‑120‑1385
Compliance with Public Meetings Law
410‑120‑1390
Premium Sponsorships
410‑120‑1395
Program Integrity
410‑120‑1396
Provider and Contractor Audits
410‑120‑1397
Recovery of Overpayments to Providers — Recoupments and Refunds
410‑120‑1400
Provider Sanctions
410‑120‑1460
Type and Conditions of Sanction
410‑120‑1510
Fraud and Abuse
410‑120‑1560
Provider Appeals
410‑120‑1570
Claim Re-Determinations
410‑120‑1580
Provider Appeals — Administrative Review
410‑120‑1600
Provider Appeals — Contested Case Hearings
410‑120‑1855
Client’s Rights and Responsibilities
410‑120‑1860
Contested Case Hearing Procedures
410‑120‑1865
Denial, Reduction, or Termination of Services
410‑120‑1870
Client Premium Payments
410‑120‑1875
Agency Hearing Representatives
410‑120‑1880
Contracted Services
410‑120‑1920
Institutional Reimbursement Changes
410‑120‑1940
Interest Payments on Overdue Claims
410‑120‑1960
Payment of Private Insurance Premiums
410‑120‑1980
Requests for Information and Public Records
410‑120‑1990
Telehealth
Last Updated

Jun. 8, 2021

Rule 410-120-0011’s source at or​.us