(1) The Oregon Health Authority shall adopt rules to establish the maximum rates that, except as provided in ORS § 676.719, a temporary staffing agency authorized under ORS § 676.698 may charge to or receive from an entity that engages the temporary staffing agency. The authority shall establish more than one maximum rate under this section. The maximum rates established under this section must, for the category of personnel for which the maximum rates are established:

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(a) Be based on the most recently available wage data from the Employment Department and include any applicable fringe benefits, charges for administrative and contract fees and other special charges; and

(b) Bear a reasonable relationship to the wage data described in paragraph (a) of this subsection.

(2) The differences in the maximum rates established under this section must be based on factors including but not limited to the minimum wages in geographic regions of this state, shift differentials, holiday pay, type of licensed care setting, relevant state and federal regulatory requirements, personnel with specialty training and information obtained through the consultation described in subsection (3) of this section.

(3) The authority shall consult with at least the following in establishing the maximum rates under this section:

(a) Temporary staffing agencies authorized under ORS § 676.698 or representatives of temporary staffing agencies authorized under ORS § 676.698; and

(b) Providers of long term care services, acute care services and primary care services, or representatives of the providers described in this paragraph.

(4) The authority shall annually evaluate the maximum rates established under this section and may, based on changes in the labor market, the wage data described in subsection (1) of this section and other factors the authority considers relevant, adjust the maximum rates established under this section. In evaluating and adjusting the maximum rates established under this section, the authority shall consult with the individuals and entities described in subsection (3) of this section.

(5) The authority may adopt rules to carry out this section. [2023 c.506 § 9]

676.716 becomes operative January 1, 2025. See section 15, chapter 506, Oregon Laws 2023.