(1) At least once each biennium, the Oregon Health Authority shall conduct a nursing market study for the purpose of determining the appropriate Medicaid reimbursement rates for providers of private duty nursing for medically fragile children.
(2) No later than July 1 each year, the authority shall seek approval from the Centers for Medicare and Medicaid Services to adjust the Medicaid reimbursement rates for providers of private duty nursing for medically fragile children, taking into consideration the results of the most recent study described in subsection (1) of this section and applying a cost-of-living adjustment, as determined on an annual basis by the authority by rule.
(3) As used in this section:
(a) “Medically fragile children” means children who have a health impairment requiring intensive, specialized services on a daily basis and who meet hospital level of care and the clinical criteria as defined by the Department of Human Services and the authority by rule.
(b) “Private duty nursing” has the meaning given that term by the authority by rule.