OAR 411-070-0439
COVID-19 Emergency Response Incentive Program

(1)

ESTABLISHMENT. The Department establishes the COVID Response Incentive Program (Program). The Program is designed to support nursing facilities in adopting employment policies that protect employees during the COVID-19 pandemic.

(2)

The Department will provide additional compensation to nursing facilities who meet the criteria contained in paragraph (3). Such compensation shall be 2.5% of their Medicaid Resident Revenue for services provided during the effective dates of the Program. A facility may be eligible for any continuous 90-day period between May 1, 2020 and September 30, 2020.

(3)

CRITERIA. All three of the following criteria must be met in order for a nursing facility to be eligible for the incentive payment.

(a)

Increased paid time off: The nursing facility must demonstrate that it increased paid time off for workers who become sick with COVID-19 or for individuals who are being asked to quarantine by their employer or medical professional or who are waiting for test results. Employees receiving paid time off due to COVID-19 illness must receive pay equal to their regular hourly compensation for scheduled work shifts. Sufficient evidence must be submitted with the required claim form referenced in paragraph (5) and may include:

(A)

For facilities with collective bargaining agreements, a copy of any collective bargaining agreements or addendums with such provisions if changes were made;

(B)

A letter to all staff stating that this protection has been granted;

(C)

Amended staff policies or handbooks; or

(D)

Copies of payroll records showing paid time off for ill employees.

(b)

Employee Retention: The nursing facility must demonstrate that it did not terminate or discipline the employment of any employee who notified their employer that they were taking leave because:

(A)

They had, or were suspected to have, COVID-19;

(B)

A family member had, or was suspected to have COVID-19; or

(C)

They have been asked to quarantine by their employer or medical professional or are waiting for test results.

(c)

Enhanced Compensation: The nursing facility shall submit documentation that it provided enhanced compensation for frontline caregivers who were at risk of exposure to COVID-19 due to an exposure or confirmed case of COVID-19 in the nursing facility where they worked. The documentation shall be submitted on the claim form referenced in paragraph (5) and may include:

(A)

A copy of a collective bargaining agreement or addendums with such provisions;

(B)

Amended policies or handbook that includes a definition of who is a “frontline caregiver at risk of exposure to COVID-19”;

(C)

Notification to staff of increased compensation due to COVID-19 risk or exposure; or

(D)

Payroll records demonstrating enhanced payments for COVID-19 exposure risk.

(4)

PAYMENT. The Department of Human Services will provide an incentive payment equal to 2.5% of Medicaid resident revenue for services provided between May 1, 2020 and September 30, 2020, for nursing facilities who meet all of the criteria contained in paragraph (3). A facility may be eligible for any continuous 90-day period between May 1, 2020 and September 30, 2020.

(5)

CLAIM. Nursing facilities shall submit a claim for the incentive payment on the form mandated by the Department of Human Services.

(6)

APPLICABILITY. The Department will only provide the incentive payment for services provided during the time period May 1, 2020 to September 30, 2020, in which the facility was in compliance with the criteria contained in paragraph (3) and for a continuous 90-day period only.

(7)

TIMELINESS. Claims for the incentive payment may be submitted no earlier than October 1, 2020 and no later than December 31, 2020. Nursing facilities may submit one claim form and one supplemental claim for Medicaid resident revenues not previously submitted on the initial claim form.

Source: Rule 411-070-0439 — COVID-19 Emergency Response Incentive Program, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=411-070-0439.

411–070–0000
Purpose 411–070–0005
Definitions 411–070–0010
Conditions for Payment 411–070–0015
Denial, Termination or Non-Renewal of Provider Agreement 411–070–0020
On-Site Reviews 411–070–0025
Basic Flat Rate Payment (Basic Rate) 411–070–0027
Complex Medical Add-On Payment 411–070–0028
Bariatric Authorization and Payment 411–070–0029
Pediatric Rate 411–070–0033
Post Hospital Extended Care Benefit 411–070–0035
Complex Medical Add-On Effective Start and End Dates and Administrative Review 411–070–0040
Screening, Assessment, and Resident Review 411–070–0043
Pre-Admission Screening and Resident Review (PASRR) 411–070–0045
Facility Payments 411–070–0050
Days Chargeable 411–070–0075
Rates - Facilities in Oregon 411–070–0080
Out-of-State Rates 411–070–0085
Bundled Rate 411–070–0087
Bariatric Criteria and Services 411–070–0091
Complex Medical Add-On Services 411–070–0092
Ventilator Assisted Program - Medicaid Payment 411–070–0095
Resident Funds 411–070–0100
Audit of Personal Incidental Funds 411–070–0105
Resident Property Records 411–070–0110
Temporary Absence from Facility (Bedhold) 411–070–0115
Transfer of Residents 411–070–0120
Discharge of Residents 411–070–0125
Medicare, (Title XVIII) 411–070–0130
Medicaid Payment in Hospitals 411–070–0140
Hospice Services 411–070–0300
Filing of Financial Statement 411–070–0302
Filing of Revised Financial Statements 411–070–0305
Accounting and Record Keeping 411–070–0310
Auditing 411–070–0315
Maximum Allowable Compensation of Administrator 411–070–0320
Consultants 411–070–0330
Owner Compensation 411–070–0335
Related Party Transactions 411–070–0340
Chain Operations 411–070–0345
Allocation of Home Office and Regional Office Costs 411–070–0350
Management Fees 411–070–0359
Allowable Costs 411–070–0365
Capital Assets 411–070–0370
Depreciable Assets 411–070–0375
Depreciation Basis 411–070–0385
Depreciation Lives 411–070–0400
Equity 411–070–0415
Offset Income 411–070–0417
Treatment of Complex Medical Add-Ons 411–070–0420
Base Year Cost Finding 411–070–0425
Resident Days 411–070–0430
Allocation Methods 411–070–0435
Appeals 411–070–0437
Quality and Efficiency Incentive Program 411–070–0439
COVID-19 Emergency Response Incentive Program 411–070–0442
Calculation of the Basic Rate, Complex Medical Rate, Bariatric Rate and Ventilator Assisted Program Rate 411–070–0452
Pediatric Nursing Facilities 411–070–0464
Final Report 411–070–0465
Uniform Chart of Accounts 411–070–0470
Nursing Assistant Training and Competency Evaluation Programs Request for Reimbursement
Last Updated

Jun. 8, 2021

Rule 411-070-0439’s source at or​.us