1. (1) “Employee Retirement Income Security Act of 1974 (ERISA)” means the federal law that sets minimum standards for most voluntarily established retirement and health plans in private industry to provide protection for individuals in these plans.
2. (2) “Essential Workforce Health Care Fund (EWHF)” means a jointly administered employee welfare benefit plan governed by ERISA and applicable law that has been established for the purpose of providing health and related benefits to employees of participating employers and their beneficiaries and under the conditions specified in the EWHF Plan in accordance with SB 800 (2021).
3. (3) “Essential Workforce Development Program (EWDP)” means a Medicaid supplemental payment program for qualified nursing facilities (NFs) authorized in the Medicaid State Plan amendment as the CareWorks Supplemental Payment Program. Supplemental payments shall be made to qualified nursing facilities participating in a qualified labor-management training trust that expand on-the-job training, apprenticeship opportunities and other programs that support the development of NF health care professionals in accordance with HB 3396 and SB 1049 (2023).
4. (4) “United We Heal Supplemental Payment Program (UWHP)” means a supplemental Medicaid assistance program for eligible behavioral health care providers (BHCP) to access employee recruitment, retention and development opportunities by participating in a labor-management training trust that meets the requirements outlined in House Bill 4002 (Enrolled 2024 Regular Session) and as further detailed in the rules in this Division 144.

5. (5) “Qualified Labor Management Training Trust” means a joint labor management training trust with

   1. (a) equal voting rights of labor and management trustees;
   2. (b) provides high quality education, training and benefits to health care workers across multiple nursing facilities and behavioral healthcare providers statewide;
   3. (c) was in existence when HB 3396 and HB 4002 were signed into law; and
   4. (d) agrees to use Net Payments exclusively for the benefit of Oregon nursing facilities or Oregon behavioral health care providers.

6. (6) “Facility” means a facility that is:

   1. (a) A long-term care facility licensed under ORS 441.020;
   2. (b) A residential facility as defined in ORS 443.400; or
   3. (c) An in-home care agency licensed under ORS 443.315.
7. (7) “Authority” means Oregon Health Authority.

8. (8) “Participating employer” means an operator of a facility that:

   1. (a) Is a participating provider in the state medical assistance program (defined in OAR 410-120-0000);
   2. (b) Elects to participate in the Oregon Essential Workforce Health Care Program; and
   3. (c) Meets requirements prescribed by the Oregon Health Authority in this rule.
9. (9) “Nursing Facility” means a long-term care facility licensed under ORS 441.020.

10. (10) “Qualified Nursing Facility” means an operator that:

    1. (a) Is a participating provider in the state medical assistance program (defined in OAR 410-120-0000);
    2. (b) Has received a Medicaid payment for a nursing facility claim for services provided during the effective dates of payment;
    3. (c) Is a privately-owned nursing facility;
    4. (d) Participates in a labor-management training trust that supports the development of health care professionals during the effective date; and
    5. (e) Has a memorandum of understanding with the Authority that specifies how the supplemental payments shall be used to support training health care workers.
11. (11) “Behavioral Health Care Provider” means providers certified under OAR 309-008-0250 to provide behavioral health treatment services.

Statutory/Other Authority

ORS 410.070 & 413.042

Statutes/Other Implemented

ORS 410.070, 414.033, OL 2021 ch. 595, HB 2024 (2025), HB 4002 (2024), HB 3396 (2023) & SB 800 (2021)

History

DMAP 83-2025, amend filed 11/24/2025, effective 12/01/2025
DMAP 41-2025, amend filed 04/29/2025, effective 05/01/2025
DMAP 33-2025, amend filed 03/21/2025, effective 03/23/2025
DMAP 123-2024, temporary amend filed 09/25/2024, effective 09/25/2024 through 03/23/2025
DMAP 52-2023, adopt filed 06/30/2023, effective 06/30/2023