436-009-0005 Definitions (1) Unless a term is specifically defined elsewhere in these rules or the context otherwise requires, the definitions of ORS chapter 656 are hereby incorporated by reference and made part of these rules. (2) Abbreviations used in these rules are either defined in the rules in which they are used or defined as follows: (a) CMS means Centers for Medicare & Medicaid Services. (b) CPT® means Current Procedural Terminology published by the American Medical Association. (c) DMEPOS means durable medical equipment, prosthetics, orthotics, and supplies. (d) EDI means electronic data interchange. (e) HCPCS means Healthcare Common Procedure Coding System published by CMS. (f) ICD-9-CM means International Classification of Diseases, Ninth Revision, Clinical Modification, Vol. 1, 2 & 3 by US Department of Health and Human Services. (g) ICD-10-CM means International Classification of Diseases, Tenth Revision, Clinical Modification. (h) MCO means managed care organization certified by the director. (i) NPI means national provider identifier. (j) OSC means Oregon specific code. (k) PCE means physical capacity evaluation. (l) WCE means work capacity evaluation. (3) “Administrative review” means any decision making process of the director requested by a party aggrieved with an action taken under these rules except the hearing process described in OAR 436-001. (4) “Ambulatory surgery center” or “ASC” means: (a) Any distinct entity licensed by the state of Oregon, and operated exclusively for the purpose of providing surgical services to patients not requiring hospitalization; or (b) Any entity outside of Oregon similarly licensed, or certified by Medicare or a nationally recognized agency as an ASC. (5) “Attending physician” has the same meaning as described in ORS 656.005(12)(b). See Appendix A, “Matrix for Health Care Provider Types.” [Attached.] (6) “Authorized nurse practitioner” means a nurse practitioner licensed under ORS 678.375 to 678.390 who has certified to the director that the nurse practitioner has reviewed informational materials about the workers’ compensation system provided by the director and who has been assigned an authorized nurse practitioner number by the director. (7) “Board” means the Workers’ Compensation Board and includes its Hearings Division. (8) “Chart note” means a notation made in chronological order in a medical record in which the medical service provider records such things as subjective and objective findings, diagnosis, treatment rendered, treatment objectives, and return to work goals and status. (9) “Clinic” means a group practice in which several medical service providers work cooperatively. (10) “CMS form 2552” (Hospital and Hospital Health Care Complex Cost Report) means the annual report a hospital makes to Medicare. (11) “Current procedural terminology” or “CPT®” means the Current Procedural Terminology codes and terminology published by the American Medical Association unless otherwise specified in these rules. (12) “Date stamp” means to stamp or display the initial receipt date and the recipient’s name on a paper or electronic document, regardless of whether the document is printed or displayed electronically. (13) “Days” means calendar days. (14) “Director” means the director of the Department of Consumer and Business Services or the director’s designee. (15) “Division” means the Workers’ Compensation Division of the Department of Consumer and Business Services. (16) “Enrolled” means an eligible worker has received notification from the insurer that the worker is being required to receive treatment under the provisions of a managed care organization (MCO). However, a worker may not be enrolled who would otherwise be subject to an MCO contract if the worker’s primary residence is more than 100 miles outside the MCO’s certified geographical service area. (17) “Fee discount agreement” means a direct contract entered into between a medical service provider or clinic and an insurer to discount fees to the medical service provider or clinic under OAR 436-009-0018. (18) “Good Cause” means circumstances that are outside the control of a party or circumstances that are considered to be extenuating by the division. (19) “Hospital” means an institution licensed by the State of Oregon as a hospital. (a) “Inpatient” means a patient who is admitted to a hospital prior to and extending past midnight for treatment and lodging. (b) “Outpatient” means a patient not admitted to a hospital prior to and extending past midnight for treatment and lodging. Medical services provided by a health care provider such as emergency room services, observation room, or short stay surgical treatments that do not result in admission are also considered outpatient services. (20) “Initial claim” means the first open period on the claim immediately following the original filing of the occupational injury or disease claim until the worker is first declared to be medically stationary by an attending physician or authorized nurse practitioner. For nondisabling claims, the “initial claim” means the first period of medical treatment immediately following the original filing of the occupational injury or disease claim ending when the attending physician or authorized nurse practitioner does not anticipate further improvement or need for medical treatment, or there is an absence of treatment for an extended period. (21) “Insurer” means the State Accident Insurance Fund Corporation; an insurer authorized under ORS chapter 731 to transact workers’ compensation insurance in the state; or, an employer or employer group that has been certified under ORS 656.430 and meets the qualifications of a self-insured employer under ORS 656.407. (22) “Interim medical benefits” means those services provided under ORS 656.247 on initial claims with dates of injury on or after January 1, 2002, that are not denied within 14 days of the employer’s notice of the claim. (23) “Interpreter” means a person who: (a) Provides oral or sign language translation; and (b) Owns, operates, or works for a business that receives income for providing oral or sign language translation. It does not include a medical provider, medical provider’s employee, or a family member or friend of the worker. (24) “Interpreter services” means the act of orally translating between a medical provider and a worker who speak different languages, including sign language. It includes reasonable time spent waiting at the location for the medical provider to examine or treat the worker as well as reasonable time spent on necessary paperwork for the provider’s office. (25) “Legal holidays” means holidays listed in ORS 187.010 and 187.020. (26) “Mailed or mailing date” means the date a document is postmarked. Requests submitted by facsimile or “fax” are considered mailed as of the date printed on the banner automatically produced by the transmitting fax machine. Hand-delivered requests will be considered mailed as of the date stamped by the division. Phone or in-person requests, where allowed under these rules, will be considered mailed as of the date of the request. (27) “Managed care organization” or “MCO” means an organization formed to provide medical services and certified in accordance with OAR chapter 436, division 015. (28) “Medical provider” means a medical service provider, a hospital, a medical clinic, or a vendor of medical services. (29) “Medical service” means any medical treatment or any medical, surgical, diagnostic, chiropractic, dental, hospital, nursing, ambulances, and other related services, and drugs, medicine, crutches and prosthetic appliances, braces and supports and where necessary, physical restorative services. (30) “Medical service provider” means a person duly licensed to practice one or more of the healing arts. (31) “Medical treatment” means the management and care of a patient for the purpose of combating disease, injury, or disorder. Restrictions on activities are not considered treatment unless the primary purpose of the restrictions is to improve the worker’s condition through conservative care. (32) “Parties” mean the worker, insurer, MCO, attending physician, and other medical provider, unless a specific limitation or exception is expressly provided for in the statute. (33) “Patient” means the same as worker as defined in ORS 656.005(28). (34) “Physical capacity evaluation” means an objective, directly observed, measurement of a patient’s ability to perform a variety of physical tasks combined with subjective analyses of abilities by patient and evaluator. Physical tolerance screening, Blankenship’s Functional Capacity Evaluation, and Functional Capacity Assessment have the same meaning as Physical Capacity Evaluation. (35) “Provider network” means a health service intermediary other than an MCO that facilitates transactions between medical providers and insurers through a series of contractual arrangements. (36) “Report” means medical information transmitted in written form containing relevant subjective or objective findings. Reports may take the form of brief or complete narrative reports, a treatment plan, a closing examination report, or any forms as prescribed by the director. (37) “Residual functional capacity” means a patient’s remaining ability to perform work-related activities. A residual functional capacity evaluation includes, but is not limited to, capability for lifting, carrying, pushing, pulling, standing, walking, sitting, climbing, balancing, bending/stooping, twisting, kneeling, crouching, crawling, and reaching, and the number of hours per day the patient can perform each activity. (38) “Specialist physician” means a licensed physician who qualifies as an attending physician and who examines a patient at the request of the attending physician or authorized nurse practitioner to aid in evaluation of disability, diagnosis, or provide temporary specialized treatment. A specialist physician may provide specialized treatment for the compensable injury or illness and give advice or an opinion regarding the treatment being rendered, or considered, for a patient’s compensable injury. (39) “Type A attending physician” means an attending physician under ORS 656.005(12)(b)(A). See Appendix A, “Matrix for Health Care Provider Types.” [Attached.] (40) “Type B attending physician” means an attending physician under ORS 656.005(12)(b)(B). See Appendix A, “Matrix for Health Care Provider Types.” [Attached.] (41) “Usual fee” means the medical provider’s fee charged to the general public for a given service. (42) “Work capacity evaluation” means a physical capacity evaluation with special emphasis on the ability to perform a variety of vocationally oriented tasks based on specific job demands. Work Tolerance Screening has the same meaning as Work Capacity Evaluation. (43) “Work hardening” means an individualized, medically prescribed and monitored, work-oriented treatment process. The process involves the patient participating in simulated or actual work tasks that are structured and graded to progressively increase physical tolerances, stamina, endurance, and productivity to return the patient to a specific job. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 656.726(4) Statutes/Other Implemented: ORS 656.726(4), ORS 656.000 et seq. & ORS 656.005 History: WCD 2-2024, minor correction filed 06/06/2024, effective 06/06/2024 WCD 4-2023, amend filed 11/22/2023, effective 01/01/2024 WCD 9-2022, minor correction filed 11/29/2022, effective 11/29/2022 WCD 2-2022, amend filed 03/02/2022, effective 04/01/2022 WCD 1-2020, minor correction filed 01/09/2020, effective 01/09/2020 WCD 2-2019, amend filed 03/11/2019, effective 04/01/2019 WCD 5-2018, amend filed 03/15/2018, effective 04/01/2018 WCD 8-2017, temporary amend filed 12/21/2017, effective 01/01/2018 through 06/29/2018 WCD 1-2016, f. 3-7-16, cert. ef. 4-1-16 WCD 3-2015, f. 3-12-15, cert. ef. 4-1-15 WCD 1-2015, f. 1-29-15, cert. ef. 3-1-15 WCD 3-2014, f. 3-12-14, cert. ef. 4-1-14 WCD 1-2011, f. 3-1-11, cert. ef. 4-1-11 WCD 3-2010, f. 5-28-10, cert. ef. 7-1-10 WCD 5-2008, f. 12-15-08, cert. ef. 1-1-09 WCD 10-2007, f. 11-1-07, cert. ef. 1-1-08 WCD 2-2007, f. 5-23-07, cert. ef. 7-1-07 WCD 3-2006, f. 3-14-06, cert. ef. 4-1-06 WCD 3-2004, f. 3-5-04 cert. ef. 4-1-04 WCD 6-2003, f. 5-28-03, cert. ef. 7-1-03 WCD 3-2002, f. 2-25-02 cert. ef. 4-1-02 WCD 9-1999, f. 5-27-99, cert. ef. 7-1-99 WCD 5-1998, f. 4-3-98, cert. ef. 7-1-98 WCD 20-1996, f. 10-2-96, cert. ef. 1-1-97 WCD 12-1996, f. 5-6-96, cert. ef. 6-1-96