1. (1) As used in this rule, "underserved area or population" means an area in which residents have a shortage of available home health services or a group of persons who face economic, racial, cultural, linguistic, religious, sexual orientation, gender-identity, or age-related barriers to home health services.
2. (2) A home health agency serves a geographic service area that is equal to or less than 60 miles from the physical location of the agency.
3. (3) A branch office provides services to the parent agency's location within a portion of the total geographic area served by the parent agency.

4. (4) The Oregon Health Authority (Authority) may permit a home health agency providing care at branch offices, if:

   1. (a) All branch offices are operating under the same Medicare Certification number;
   2. (b) All branch offices provide the same level of care and range of care and services offered by the parent home health agency certified by the Centers for Medicare and Medicaid Services (CMS); and
   3. (c) The branch offices are located within a 60-mile radius of the parent home health agency applying for licensure.
5. (5) The Authority may waive the geographical restrictions specified in this rule in accordance with OAR 333-027-0170, including but not limited to, if the parent home health agency proposes to provide home health services to an underserved area or population of the state and adequately demonstrates the ability to manage and control the services.

6. (6) A home health agency that moves its physical location must:

   1. (a) Apply for a new license in accordance with OAR 333-027-0010; and
   2. (b) Ensure that the services it provides to patients is within 60 miles from the new physical location.

Statutory/Other Authority

ORS 443.085

Statutes/Other Implemented

ORS 443.075

History

PH 16-2026, amend filed 01/29/2026, effective 02/01/2026
PH 3-2022, adopt filed 01/11/2022, effective 01/13/2022