Bill Text: OR HB3618 | 2010 | 1st Special Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to home care workers; and declaring an emergency.

Spectrum: Partisan Bill (Democrat 23-0)

Status: (Passed) 2010-03-29 - Chapter 100, (2010 Laws): Effective date March 29, 2010. [HB3618 Detail]

Download: Oregon-2010-HB3618-Introduced.html

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     75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 197
                        Updated Sponsors

                         House Bill 3618

Sponsored by Representative DEMBROW, Senator MORRISETTE;
  Representatives BARKER, BARNHART, BOONE, BUCKLEY, CLEM,
  DOHERTY, FREDERICK, GREENLICK, HOLVEY, KAHL, MATTHEWS, ROBLAN,
  STIEGLER, VANORMAN, WITT, Senators DEVLIN, MONROE, ROSENBAUM,
  SHIELDS (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Modifies definition of 'home care worker' for purpose of
providing workers' compensation to certain individuals who
receive compensation from Department of Human Services, area
agencies or other public agencies. Requires department, area
agencies and other public agencies to collect names of, and other
information pertaining to, those individuals before October 1,
2010. Requires department to keep and maintain information until
July 1, 2013.
  Provides workers' compensation to certain individuals who
receive compensation from department, area agencies or other
public agencies beginning January 1, 2011. Requires inclusion of
names of, and other information pertaining to, those individuals
in registry maintained by Home Care Commission on or after July
1, 2013.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to home care workers; creating new provisions; amending
  ORS 410.600, 410.606 and 656.039; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 410.606 is amended to read:
  410.606.  { + (1) Notwithstanding ORS 410.600, for purposes of
this section:
  (a) 'Activities of community inclusion' includes but is not
limited to volunteer activities, employment, development of
community life skills and participation in social and
recreational community events.
  (b) 'Home care services' means assistance with activities of
daily living, activities of community inclusion and
self-management provided by a home care worker for an elderly
person or person with a disability.
  (c) 'Home care worker' means a person:
  (A) Who is hired directly by an elderly person or person with a
disability or by a parent or guardian of an elderly person or
person with a disability;

  (B) Who receives moneys from the Department of Human Services
for the purpose of providing care to the elderly person or person
with a disability;
  (C) Whose compensation is funded in whole or in part by the
department, an area agency or other public agency; and
  (D) Who provides either hourly or live-in home care services.
  (d) 'Person with a disability' means a person with a physical
disability, developmental disability or mental illness.
  (2) + } The department   { - of Human Services - } , an area
agency or other public agency shall provide to an individual
seeking a home care worker the names of qualified individuals, in
the appropriate geographic area, who have been placed on the
registry maintained by the Home Care Commission.
   { +  (3) The department, area agencies and other public
agencies shall collect:
  (a) The name and address of any home care worker:
  (A) Who provides home care services;
  (B) Whose compensation is funded in whole or in part with state
funds; and
  (C) Who is not listed on the registry maintained by the
commission; and
  (b) The name of the program under which the home care worker
provides the home care services.
  (4) Area agencies and other public agencies shall report to the
department the information collected by those agencies under
subsection (3) of this section.
  (5) If necessary to collect the information required by
subsection (3) of this section:
  (a) The department, an area agency or other public agency shall
request the required information from any for-profit,
not-for-profit or public brokerage or agency that provides
payroll services for home care workers; and
  (b) The brokerage or agency shall provide the department, area
agency or other public agency with the requested information.
  (6) The department shall keep and maintain until July 1, 2013,
the information that the department collects and receives under
this section for the purpose of updating the registry maintained
by the commission.
  (7) The department:
  (a) Is not required to publish, electronically or otherwise,
the names and addresses of home care workers that the department
collects and receives under this section; and
  (b) Shall provide the name and address of a home care worker to
any individual who requests the information. + }
  SECTION 2.  { + (1) The amendments to ORS 410.606 by section 1
of this 2010 Act become operative on October 1, 2010.
  (2) Notwithstanding subsection (1) of this section, the
Department of Human Services, area agencies and other public
agencies may take any action necessary before the operative date
specified in subsection (1) of this section to enable the
department, area agencies and other public agencies to exercise,
on and after the operative date specified in subsection (1) of
this section, all the duties, functions and powers conferred on
the department, area agencies and other public agencies by the
amendments to ORS 410.606 by section 1 of this 2010 Act. + }
  SECTION 3. ORS 410.600 is amended to read:
  410.600. As used in ORS 410.600 to 410.625:
   { +  (1) 'Activities of community inclusion' includes but is
not limited to volunteer activities, employment, development of
community life skills and participation in social and
recreational community events. + }
    { - (1) - }   { + (2) + } 'Activities of daily living'
includes but is not limited to the following:
  (a) Bathing and personal hygiene;
  (b) Dressing and grooming;
  (c) Eating;
  (d) Mobility;
  (e) Bowel and bladder management; and
  (f) Cognition.
    { - (2) - }   { + (3) + } 'Area agency' has the meaning given
that term in ORS 410.040.
    { - (3) - }   { + (4) + } 'Commission' means the Home Care
Commission established and operated pursuant to section 11,
Article XV of the Oregon Constitution, and ORS 410.600 to
410.625.
    { - (4) - }   { + (5) + } 'Elderly person' has the meaning
given that term in ORS 410.040.
    { - (5) - }   { + (6) + } 'Home care services' means
assistance with activities of daily living { + , activities of
community inclusion + } and self-management provided by a home
care worker   { - in the home of - }  { + for + } an elderly
person or person with a disability.
    { - (6) - }   { + (7) + } 'Home care worker' means a person:
  (a) Who is hired directly by an elderly person or person with a
disability   { - who - }   { + or by a parent or guardian of an
elderly person or person with a disability;
  (b) Who + } receives moneys from the Department of Human
Services for   { - that purpose - }   { + the purpose of
providing care to the elderly person or person with a
disability + };
    { - (b) - }   { + (c) + } Whose compensation is
 { - paid - }   { + funded + } in whole or in part by the
department, an area agency or other public agency
  { - that receives moneys from the department for that
purpose - } ; and
    { - (c) - }   { + (d) + } Who provides either hourly or
live-in home care services.
    { - (7) - }   { + (8) + } 'Person with a disability'
 { - has the meaning given that term in ORS 410.040 - }
 { + means a person with a physical disability, developmental
disability or mental illness + }.
    { - (8) - }   { + (9) + } 'Self-management' includes but is
not limited to the following activities, other than activities of
daily living, required by an individual to continue living
independently in the individual's own home:
  (a) Medication and oxygen management;
  (b) Transportation;
  (c) Meal preparation;
  (d) Shopping; and
  (e)   { - Client focused - }   { + Client-focused + } general
household work.
  SECTION 4. ORS 410.606, as amended by section 1 of this 2010
Act, is amended to read:
  410.606.   { - (1) Notwithstanding ORS 410.600, for purposes of
this section: - }
    { - (a) 'Activities of community inclusion' includes but is
not limited to volunteer activities, employment, development of
community life skills and participation in social and
recreational community events. - }
    { - (b) 'Home care services' means assistance with activities
of daily living, activities of community inclusion and
self-management provided by a home care worker for an elderly
person or person with a disability. - }
    { - (c) 'Home care worker' means a person: - }
    { - (A) Who is hired directly by an elderly person or person
with a disability or by a parent or guardian of an elderly person
or person with a disability; - }
    { - (B) Who receives moneys from the Department of Human
Services for the purpose of providing care to the elderly person
or person with a disability; - }
    { - (C) Whose compensation is funded in whole or in part by
the department, an area agency or other public agency; and - }
    { - (D) Who provides either hourly or live-in home care
services. - }
    { - (d) 'Person with a disability' means a person with a
physical disability, developmental disability or mental
illness. - }
    { - (2) - }   { + (1) + } The Department  { + of Human
Services + }, an area agency or other public agency shall provide
to an individual seeking a home care worker the names of
qualified individuals, in the appropriate geographic area, who
have been placed on the registry maintained by the Home Care
Commission.
    { - (3) - }   { + (2) + } The department, area agencies and
other public agencies shall collect:
  (a) The name and address of any home care worker:
  (A) Who provides home care services;
  (B) Whose compensation is funded in whole or in part with state
funds; and
  (C) Who is not listed on the registry maintained by the
commission; and
  (b) The name of the program under which the home care worker
provides the home care services.
    { - (4) - }   { + (3) + } Area agencies and other public
agencies shall report to the department the information collected
by those agencies under subsection   { - (3) - }   { + (2) + } of
this section.
    { - (5) - }   { + (4) + } If necessary to collect the
information required by subsection   { - (3) - }   { + (2) + } of
this section:
  (a) The department, an area agency or other public agency shall
request the required information from any for-profit,
not-for-profit or public brokerage or agency that provides
payroll services for home care workers; and
  (b) The brokerage or agency shall provide the department, area
agency or other public agency with the requested information.
    { - (6) - }   { + (5) + } The department shall keep and
maintain until July 1, 2013, the information that the department
collects and receives under this section for the purpose of
updating the registry maintained by the commission.
    { - (7) - }   { + (6) + } The department:
  (a) Is not required to publish, electronically or otherwise,
the names and addresses of home care workers that the department
collects and receives under this section; and
  (b) Shall provide the name and address of a home care worker to
any individual who requests the information.
  SECTION 5. ORS 656.039 is amended to read:
  656.039. (1) An employer of one or more persons defined as
nonsubject workers or not defined as subject workers may elect to
make them subject workers. If the employer is or becomes a
carrier-insured employer, the election shall be made by filing
written notice thereof with the insurer with a copy to the
Director of the Department of Consumer and Business Services. The
effective date of coverage is governed by ORS 656.419 (3). If the
employer is or becomes a self-insured employer, the election
shall be made by filing written notice thereof with the director,
the effective date of coverage to be the date specified in the
notice.
  (2) Any election under subsection (1) of this section may be
canceled by written notice thereof to the insurer or, in the case
of a self-insured employer, by notice thereof to the director.
The cancellation is effective at 12 midnight ending the day the
notice is received by the insurer or the director, unless a later
date is specified in the notice. The insurer shall, within 10
days after receipt of a notice of cancellation under this
section, send a copy of the notice to the director.

  (3) When necessary the insurer or the director shall fix
assumed minimum or maximum wages for persons made subject workers
under this section.
  (4) Notwithstanding any other provision of this section, a
person or employer not subject to this chapter who elects to
become covered may apply to an insurer for coverage. An insurer
other than the State Accident Insurance Fund Corporation may
provide such coverage. However, the State Accident Insurance Fund
Corporation shall accept any written notice filed and provide
coverage as provided in this section if all subject workers of
the employers will be insured with the State Accident Insurance
Fund Corporation and the coverage of those subject workers is not
considered by the State Accident Insurance Fund Corporation to be
a risk properly assignable to the assigned risk pool.
  (5)(a) The Home Care Commission created by ORS 410.602 shall
elect coverage on behalf of clients of the Department of Human
Services who employ home care workers to make home care workers
subject workers if the home care worker is   { - paid - }
 { + funded + } by the state on behalf of the client.
  (b) As used in this subsection, 'home care worker' has the
meaning given that term in ORS 410.600.
  SECTION 6.  { + (1) The amendments to ORS 410.600, 410.606 and
656.039 by sections 3 to 5 of this 2010 Act become operative on
January 1, 2011.
  (2) Notwithstanding subsection (1) of this section, the Home
Care Commission, the Department of Human Services, area agencies
and other public agencies may take any action necessary before
the operative date specified in subsection (1) of this section to
enable the commission, the department, area agencies and other
public agencies to exercise, on and after the operative date
specified in subsection (1) of this section, all the duties,
functions and powers conferred on the commission, the department,
area agencies and other public agencies by the amendments to ORS
410.600, 410.606 and 656.039 by sections 3 to 5 of this 2010
Act. + }
  SECTION 7. ORS 410.606, as amended by sections 1 and 4 of this
2010 Act, is amended to read:
  410.606. (1) The Department of Human Services, an area agency
or other public agency shall provide to an individual seeking a
home care worker the names of qualified individuals, in the
appropriate geographic area, who have been placed on the registry
maintained by the Home Care Commission.
    { - (2) The department, area agencies and other public
agencies shall collect: - }
   { +  (2) To facilitate the development and maintenance of the
registry maintained by the commission, the department, area
agencies and other public agencies shall report to the
commission: + }
  (a) The name and address of any home care worker:
  (A) Who provides home care services;
  (B) Whose compensation is funded in whole or in part with state
funds; and
  (C) Who is not listed on the registry   { - maintained by the
commission - } ; and
  (b) The name of the program under which the home care worker
provides the home care services.
    { - (3) Area agencies and other public agencies shall report
to the department the information collected by those agencies
under subsection (2) of this section. - }
    { - (4) If necessary to collect the information required by
subsection (2) of this section: - }
    { - (a) The department, an area agency or other public agency
shall request the required information from any for-profit,
not-for-profit or public brokerage or agency that provides
payroll services for home care workers; and - }

    { - (b) The brokerage or agency shall provide the department,
area agency or other public agency with the requested
information. - }
    { - (5) The department shall keep and maintain until July 1,
2013, the information that the department collects and receives
under this section for the purpose of updating the registry
maintained by the commission. - }
    { - (6) The department: - }
    { - (a) Is not required to publish, electronically or
otherwise, the names and addresses of home care workers that the
department collects and receives under this section; and - }
    { - (b) Shall provide the name and address of a home care
worker to any individual who requests the information. - }
  SECTION 8.  { + (1) The amendments to ORS 410.606 by section 7
of this 2010 Act become operative on July 1, 2013.
  (2) Notwithstanding subsection (1) of this section, the
Department of Human Services, area agencies and other public
agencies may take any action necessary before the operative date
specified in subsection (1) of this section to enable the
department, area agencies and other public agencies to exercise,
on and after the operative date specified in subsection (1) of
this section, all the duties, functions and powers conferred on
the department, area agencies and other public agencies by the
amendments to ORS 410.606 by section 7 of this 2010 Act. + }
  SECTION 9.  { + This 2010 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2010 Act takes effect on its
passage. + }
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