Providers Aplenty – The Continued Expansion of Attending Physician Authority in Oregon Workers’ Compensation

By Justin A. Gabel, Attorney at Law

Over the past several years, Oregon has continually reshaped who can serve as Attending Physician (AP) in a claim, providing functions such as directing treatment, authorizing temporary disability benefits, and opining as to permanent disabilities. The role of AP was previously limited to Type A providers, with a provision that Type B Providers such as Nurse Practitioners could serve as AP for up to 180 days.

In 2024, HB 3412 expanded the definition of Type B providers, providing that Physician Assistants could now act as AP for up to 180 days. HB 3412 retained an important limitation. Because authority of a Type B Provider remained capped at 180 days, there remained a natural transition point where Type A physician oversight could re-enter the claim, particularly in cases involving long term disability, surgical intervention, or increased exposure.

The latest update to provider eligibility—HB 4040—has been approved by the legislature, and signed into law by Governor Kotek. The bill is effective upon passage rather than subject to delayed implementation. HB 4040 amends ORS 656.005 to include both Nurse Practitioners and Physician Assistants within the definition of Type A attending physicians for purposes of workers’ compensation claims. In practical terms, this proposal removes the 180 day limitation and places NPs and PAs on equal statutory footing with Type A providers.

The Oregon Workers’ Compensation Division has updated their Matrix for Health Care Provider Types to reflect these changes.

HB 4040 does not remove other qualification requirements. NPs and PAs will still need to act within their professional scope and be authorized to treat in a workers’ compensation claims (e.g. if an MCO is applicable). In addition, they must be properly functioning as the attending physician—i.e. directing care and managing the claim—in order to work beyond a limited role.

While the bill removes barriers to care and prevent potential bottlenecks for claimants, it also adds new complexities for those administering claims. A broader pool of attending providers inevitably brings a wider range of clinical approaches, opinions on work capacity, and timelines for recovery.

Reinisch Wilson is available to assist in navigating this evolving landscape and addressing the challenges that come with an expanding field of providers.