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
A-Engrossed
House Bill 3618
Ordered by the House February 9
Including House Amendments dated February 9
Sponsored by Representative DEMBROW, Senator MORRISETTE;
Representatives BARKER, BARNHART, BOONE, BUCKLEY, CLEM,
DOHERTY, FREDERICK, GELSER, 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.
{ + Directs Home Care Commission to create Developmental
Disabilities and Mental Health Committee for advisory
purposes. + }
Modifies { - definition of 'home care worker' - } { + and
creates definitions related to home care services + } for purpose
of providing workers' compensation to certain individuals who
receive compensation from Department of Human Services,
{ - area agencies or other public agencies - } { + certain
agencies or support services brokerages + }. 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 - } { + certain agencies or support
services brokerages + } 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, 410.604, 410.606 and 656.039; and declaring an
emergency.
Whereas home care workers and personal support workers provide
essential services to seniors, persons with physical disabilities
and persons experiencing a developmental disability or mental
illness; and
Whereas the state has a duty to provide workers' compensation
coverage to home care workers and personal support workers who
receive funding from the state; and
Whereas the Legislative Assembly does not intend to compromise
the resources and choices available to seniors, persons with
physical disabilities, persons experiencing a developmental
disability or mental illness or the family members of seniors,
persons with physical disabilities or persons experiencing a
developmental disability or mental illness; and
Whereas seniors, persons with physical disabilities, persons
experiencing a developmental disability or mental illness and the
family members of seniors, persons with physical disabilities and
persons experiencing a developmental disability or mental illness
have a right to choose among available services, activities and
purchases, including adult support services; and
Whereas the Legislative Assembly does not intend to reduce the
amount or scope of those services, activities and purchases or to
compromise the services, activities and purchases currently
available to persons who receive care from a home care worker or
personal support worker who is currently registered in the
registry maintained by the Home Care Commission; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2010 Act are added to
and made a part of ORS 410.600 to 410.625. + }
SECTION 2. { + The Legislative Assembly finds and declares
that the interest and welfare of the public is served by the
establishment of a Home Care Commission that operates in
accordance with ORS 410.600 to 410.625 and whose operations:
(1) Do not compromise the resources of elderly persons, persons
with physical disabilities, persons with developmental
disabilities or mental illnesses or the family members of elderly
persons, persons with physical disabilities or persons with
developmental disabilities or mental illnesses;
(2) Do not compromise the ability of elderly persons, persons
with physical disabilities, persons with developmental
disabilities or mental illnesses or the family members of elderly
persons, persons with physical disabilities or persons with
developmental disabilities or mental illnesses to choose from
among services, activities and purchases, including adult support
services; and
(3) Do not reduce the amount and scope of the services,
activities and purchases, including adult support services,
available to elderly persons, persons with physical disabilities,
persons with developmental disabilities or mental illnesses or
the family members of elderly persons, persons with physical
disabilities or persons with developmental disabilities or mental
illnesses. + }
SECTION 3. { + (1) The Home Care Commission shall create a
Developmental Disabilities and Mental Health Committee.
(2) The committee shall provide information and make
recommendations to the commission on:
(a) Methods of improving the quality of services available to
persons with developmental disabilities or mental illnesses and
the family members of persons with developmental disabilities or
mental illnesses;
(b) Means of ensuring that an adequate amount of services are
available to persons with developmental disabilities or mental
illnesses and the family members of persons with developmental
disabilities or mental illnesses; and
(c) All the duties and functions under ORS 410.600 to 410.625
as those duties and functions pertain to persons with
developmental disabilities or mental illnesses and the family
members of persons with developmental disabilities or mental
illnesses, including but not limited to:
(A) Qualifications for personal support workers;
(B) Registration of personal support workers;
(C) Referrals for routine, emergency and respite care;
(D) Training opportunities for personal support workers; and
(E) Collective bargaining.
(3) The commission shall consider the recommendations of the
committee. When the commission does not follow the
recommendations of the committee, the commission shall inform the
committee of the reasons for not following the recommendations.
(4) The commission shall appoint members to the committee. In
appointing members to the committee, the commission shall include
at least one:
(a) Consumer of services, activities or purchases available to
persons with developmental disabilities;
(b) Consumer of services, activities or purchases available to
persons with mental illnesses;
(c) Family member of a person with a developmental disability;
(d) Family member of a person with a mental illness;
(e) Advocate for persons with developmental disabilities or
mental illnesses;
(f) Personal support worker;
(g) Representative from an agency that assists persons with
developmental disabilities or mental illnesses in finding and
arranging resources for home care services; and
(h) Representative from a support services brokerage that
assists persons with developmental disabilities or mental
illnesses in finding and arranging resources for home care
services. + }
SECTION 4. 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) 'Adult support services' means individually determined
services, activities and purchases, whether those services,
activities and purchases are necessary for an individual to live
in the individual's own home or the individual's family's home or
to fully participate in community life or work, that:
(A) Complement existing services, activities or purchases
available to the individual;
(B) Are designed, selected and managed by the individual or the
individual's legal representative;
(C) Are provided in accordance with an individualized plan; and
(D) Allow individuals to choose and have control over services
and life goals.
(c) '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 a person with a disability.
(d) 'Home care worker' means:
(A) A person:
(i) Who is hired directly by an elderly person or a person with
a physical disability or by a parent or guardian of an elderly
person or a person with a physical disability;
(ii) Who receives moneys from the Department of Human Services
for the purpose of providing care to the elderly person or the
person with a physical disability;
(iii) Whose compensation is funded in whole or in part by the
department, an area agency or other public agency; and
(iv) Who provides either hourly or live-in home care services;
or
(B) A personal support worker.
(e) 'Person with a disability' means a person with a physical
disability, developmental disability or mental illness.
(f) 'Personal support worker' means a person:
(A) Who is hired by a person with a developmental disability or
mental illness or a parent or guardian of a person with a
developmental disability or mental illness;
(B) Who receives moneys from the department for the purpose of
providing care to the person with a developmental disability or
mental illness;
(C) Whose compensation is provided in whole or in part through
the department, a support services brokerage or other public
agency; and
(D) Who provides home care services in the home or community.
(g) 'Support services brokerage' means an entity that performs
the functions associated with the planning and implementation of
adult support services, including the provision of services and
the arrangement of activities and purchases, for the purpose of
maximizing individual choice and self-determination for persons
with developmental disabilities or mental illnesses.
(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 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;
(b) The name of the program under which the home care worker
provides the home care services;
(c) Any other data required by the commission for training and
registry purposes; and
(d) Any other data required for workers' compensation purposes.
(4) If necessary to collect the information required by
subsection (3) of this section:
(a) The department shall request the required information from
any agency or support services brokerage that provides or
arranges payroll services for home care workers; and
(b) The agency or support services brokerage shall provide the
department 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 person who requests the information in accordance with ORS
192.410 to 192.505. + }
SECTION 5. { + (1) The amendments to ORS 410.606 by section 4
of this 2010 Act become operative on October 1, 2010.
(2) Notwithstanding subsection (1) of this section, the
Department of Human Services and any agency and support services
brokerage that provides or arranges payroll services for home
care workers may take any action necessary before the operative
date specified in subsection (1) of this section to enable the
department, agency and support services brokerage 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, agency and support services brokerage by the
amendments to ORS 410.606 by section 4 of this 2010 Act. + }
SECTION 6. 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.
{ + (3) 'Adult support services' means individually
determined services, activities and purchases, whether those
services, activities and purchases are necessary for an
individual to live in the individual's own home or the
individual's family's home or to fully participate in community
life or work, that:
(a) Complement existing services, activities or purchases
available to the individual;
(b) Are designed, selected and managed by the individual or the
individual's legal representative;
(c) Are provided in accordance with an individualized plan; and
(d) Allow individuals to choose and have control over services
and life goals. + }
{ - (2) - } { + (4) + } 'Area agency' has the meaning given
that term in ORS 410.040.
{ - (3) - } { + (5) + } '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) - } { + (6) + } 'Elderly person' has the meaning
given that term in ORS 410.040.
{ - (5) - } { + (7) + } '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 { + a + } person with a disability.
{ - (6) - } { + (8) + } 'Home care worker' means { + :
(a) + } A person:
{ - (a) - } { + (A) + } Who is hired directly by an elderly
person or { + a + } person with a { + physical + } disability
{ - who - } { + or by a parent or guardian of an elderly
person or a person with a physical disability;
(B) Who + } receives moneys from the Department of Human
Services for { - that purpose - } { + the purpose of
providing care to the elderly person or the person with a
physical 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 { + ; or
(b) A personal support worker + }.
{ - (7) - } { + (9) + } '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 + }.
{ + (10) 'Personal support worker' means a person:
(a) Who is hired by a person with a developmental disability or
mental illness or a parent or guardian of a person with a
developmental disability or mental illness;
(b) Who receives moneys from the department for the purpose of
providing care to the person with a developmental disability or
mental illness;
(c) Whose compensation is provided in whole or in part through
the department, a support services brokerage or other public
agency; and
(d) Who provides home care services in the home or
community. + }
{ - (8) - } { + (11) + } '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.
{ + (12) 'Support services brokerage' means an entity that
performs the functions associated with the planning and
implementation of adult support services, including the provision
of services and the arrangement of activities and purchases, for
the purpose of maximizing individual choice and
self-determination for persons with developmental disabilities or
mental illnesses. + }
SECTION 7. ORS 410.606, as amended by section 4 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) 'Adult support services' means individually
determined services, activities and purchases, whether those
services, activities and purchases are necessary for an
individual to live in the individual's own home or the
individual's family's home or to fully participate in community
life or work, that: - }
{ - (A) Complement existing services, activities or purchases
available to the individual; - }
{ - (B) Are designed, selected and managed by the individual
or the individual's legal representative; - }
{ - (C) Are provided in accordance with an individualized
plan; and - }
{ - (D) Allow individuals to choose and have control over
services and life goals. - }
{ - (c) '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 a person with a disability. - }
{ - (d) 'Home care worker' means: - }
{ - (A) A person: - }
{ - (i) Who is hired directly by an elderly person or a
person with a physical disability or by a parent or guardian of
an elderly person or a person with a physical disability; - }
{ - (ii) Who receives moneys from the Department of Human
Services for the purpose of providing care to the elderly person
or the person with a physical disability; - }
{ - (iii) Whose compensation is funded in whole or in part by
the department, an area agency or other public agency; and - }
{ - (iv) Who provides either hourly or live-in home care
services; or - }
{ - (B) A personal support worker. - }
{ - (e) 'Person with a disability' means a person with a
physical disability, developmental disability or mental
illness. - }
{ - (f) 'Personal support worker' means a person: - }
{ - (A) Who is hired by a person with a developmental
disability or mental illness or a parent or guardian of a person
with a developmental disability or mental illness; - }
{ - (B) Who receives moneys from the department for the
purpose of providing care to the person with a developmental
disability or mental illness; - }
{ - (C) Whose compensation is provided in whole or in part
through the department, a support services brokerage or other
public agency; and - }
{ - (D) Who provides home care services in the home or
community. - }
{ - (g) 'Support services brokerage' means an entity that
performs the functions associated with the planning and
implementation of adult support services, including the provision
of services and the arrangement of activities and purchases, for
the purpose of maximizing individual choice and
self-determination for persons with developmental disabilities or
mental illnesses. - }
{ - (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 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;
(b) The name of the program under which the home care worker
provides the home care services;
(c) Any other data required by the commission for training and
registry purposes; and
(d) Any other data required for workers' compensation purposes.
{ - (4) - } { + (3) + } If necessary to collect the
information required by subsection { - (3) - } { + (2) + } of
this section:
(a) The department shall request the required information from
any agency or support services brokerage that provides or
arranges payroll services for home care workers; and
(b) The agency or support services brokerage shall provide the
department with the requested information.
{ - (5) - } { + (4) + } 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) - } { + (5) + } 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 person who requests the information in accordance with ORS
192.410 to 192.505.
SECTION 8. ORS 410.604 is amended to read:
410.604. (1) The Home Care Commission shall ensure the quality
of home care services by:
(a) Establishing qualifications for home care workers with the
advice and consent of the Department of Human Services as the
single state Medicaid agency;
(b) Providing training opportunities for home care workers and
elderly persons and persons with disabilities who employ home
care workers;
(c) Establishing and maintaining a registry of qualified home
care workers;
(d) Providing routine, emergency and respite referrals of home
care workers;
(e) Entering into contracts with public and private
organizations and individuals for the purpose of obtaining or
developing training materials and curriculum or other services as
may be needed by the commission; and
(f) Working cooperatively with area agencies and state and
local agencies to accomplish the duties listed in paragraphs (a)
to (e) of this subsection.
(2)(a) The commission shall enter into an interagency agreement
with the department to contract for a department employee to
serve as executive director of the commission. The executive
director shall be appointed by the Director of Human Services in
consultation with the Governor and subject to approval by the
commission, and shall serve at the pleasure of the Director of
Human Services. The commission may delegate to the executive
director the authority to act on behalf of the commission to
carry out its duties and responsibilities, including but not
limited to:
(A) Entering into contracts or agreements; and
(B) Taking reasonable or necessary actions related to the
commission's role as employer of record for home care workers
under ORS 410.612.
(b) The commission shall enter into an interagency agreement
with the department for carrying out any of the duties or
functions of the commission, for department expenditures and for
the provision of staff support by the department.
(3) When conducting its activities, and in making decisions
relating to those activities, the commission shall first consider
the effect of its activities and decisions on:
(a) Improving the quality of service delivered by home care
workers; { - and - }
(b) Ensuring adequate hours of service are provided to elderly
persons and persons with disabilities by home care workers
{ - . - } { + ; and
(c) Ensuring that services, activities and purchases that are
purchased by elderly persons and persons with disabilities other
than home care services, including adult support services, are
not compromised or diminished. + }
(4) The commission has the authority to contract for services,
lease, acquire, hold, own, encumber, insure, sell, replace, deal
in and with and dispose of real and personal property in its own
name.
SECTION 9. 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 { + or the Oregon Health Authority + } 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 10. { + (1) The amendments to ORS 410.600, 410.604,
410.606 and 656.039 by sections 6 to 9 of this 2010 Act become
operative on January 1, 2011.
(2) Notwithstanding subsection (1) of this section, the Home
Care Commission may take any action necessary before the
operative date specified in subsection (1) of this section to
enable the commission 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 by the
amendments to ORS 410.604 and 656.039 by sections 8 and 9 of this
2010 Act. + }
SECTION 11. ORS 410.606, as amended by sections 4 and 7 of this
2010 Act, is amended to read:
410.606. (1) The Department of Human Services, an area
agency { + , + } { - or - } other public agency { + or
support services brokerage + } 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 shall collect: - }
{ + (2) To facilitate the development and maintenance of the
registry maintained by the commission and any training
opportunity offered by the commission, and to meet the
requirements of providing workers' compensation, the department,
area agencies, other public agencies and support services
brokerages 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 - } ;
(b) The name of the program under which the home care worker
provides the home care services;
(c) Any other data required by the commission for training and
registry purposes; and
(d) Any other data required for workers' compensation purposes.
(3) If necessary to collect the information required by
subsection (2) of this section:
(a) The { - department - } { + commission + } shall request
the required information from { + the department or + } any
agency or support services brokerage that provides or arranges
payroll services for home care workers; and
(b) The { + department, + } agency or support services
brokerage shall provide the { - department - }
{ + commission + } with the requested information.
{ - (4) 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. - }
{ - (5) 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 person who requests the information in accordance
with ORS 192.410 to 192.505. - }
SECTION 12. { + (1) The amendments to ORS 410.606 by section
11 of this 2010 Act become operative on July 1, 2013.
(2) Notwithstanding subsection (1) of this section, the Home
Care Commission, the Department of Human Services, area agencies,
other public agencies and support services brokerages may take
any action necessary before the operative date specified in
subsection (1) of this section to enable the commission, the
department, area agencies, other public agencies and support
services brokerages 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, other public agencies and support services
brokerages by the amendments to ORS 410.606 by section 11 of this
2010 Act. + }
SECTION 13. { + 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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