71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 2438
LC 424/HB 2438-2
HOUSE AMENDMENTS TO
HOUSE BILL 2438
By COMMITTEE ON HEALTH AND PUBLIC ADVOCACY
April 23
On page 1 of the printed bill, delete lines 5 through 28 and
delete page 2 and insert:
' { + SECTION 1. + } { + As used in sections 1 to 4, 6, 7
and 9 of this 2001 Act:
' (1) '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) 'Area agency' has the meaning given that term in ORS
410.040.
' (3) 'Commission' means the Home Care Commission established
and operated pursuant to section 11, Article XV of the Oregon
Constitution.
' (4) 'Disabled person' has the meaning given that term in ORS
410.040.
' (5) 'Elderly' has the meaning given that term in ORS 410.040.
' (6) 'Home care services' means assistance with activities of
daily living and self-management provided by a home care worker
in the home of an elderly or disabled person.
' (7) 'Home care worker' means a person:
' (a) Who is hired directly by an elderly person or disabled
person;
' (b) Whose compensation is paid in whole or in part by the
Department of Human Services, an area agency or other public
agency; and
' (c) Who provides either hourly or live-in home care services.
' (8) '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 general household work. + }
' { + SECTION 2. + } { + (1) The Senior and Disabled
Services Division, in consultation with the Home Care Commission
and the Oregon Association of Area Agencies on Aging and
Disabilities, shall develop and implement a three-hour
orientation program and an 18-hour training program for home care
workers. The 18-hour training program shall include, but is not
limited to, basic first aid training, cardiopulmonary
resuscitation and training relating to the care of elderly
persons and disabled persons.
' (2) The division, in consultation with the commission and the
association, shall adopt by rule standards governing the
orientation program and the training program.
' (3) The division shall issue a certificate of completion to
each home care worker who successfully completes the orientation
program and the training program.
' (4) The division shall pay a home care worker who attends the
orientation program and the training program compensation at the
home care worker's regular hourly rate of pay for hours spent
attending the programs.
' (5) A home care worker who is not a member of the family of
the elderly person or disabled person for whom care is being
provided must complete the orientation program and the training
program and obtain a certificate of completion. Participation in
the orientation program and the training program is voluntary for
all other home care workers.
' (6) A home care worker hired prior to the operative date of
this section who participates in the training program voluntarily
shall receive an additional 25 cents per hour in wages upon the
successful completion of the training. + }
' { + SECTION 3. + } { + A home care worker shall receive
compensation for home care services as determined by the Senior
and Disabled Services Division. Upon completion of 1,040 hours of
employment, a home care worker shall receive an increase of 40
cents per hour in wages. Upon completion of 2,080 hours of
employment, a home care worker shall receive an additional
increase of 40 cents per hour in wages. + }
' { + SECTION 4. + } { + The Senior and Disabled Services
Division shall employ up to 15 case managers to monitor and
supervise the home care services provided to elderly persons and
disabled persons. Case managers shall be based in division and
area agency field offices, and shall be distributed throughout
the state in a proportional manner based on the ratio of home
care workers in a given county or area agency district to the
total number of home care workers in this state. + }
' { + SECTION 5. + } ORS 411.590 is amended to read:
' 411.590. A person who is { - employed - } { + hired + }
as a
{ - housekeeper, homemaker or otherwise in the residence of a
recipient of public assistance or services, whose compensation is
paid in whole or in part by the Adult and Family Services
Division, the Senior and Disabled Services Division, the Mental
Health and Developmental Disability Services Division, the State
Office for Services to Children and Families or an area agency,
as defined in ORS 410.040, - } { + home care worker as defined
in section 1 of this 2001 Act + } and is not otherwise employed
by the { - division, office or agency - } { + Department of
Human Services, an area agency or other public agency + }, shall
not for any purposes be deemed to be an employee of the State of
Oregon or an area agency whether or not the { - division,
office - } { + department + } or agency selects the person for
employment or exercises any direction or control over the
person's employment. However, nothing in this section precludes
the state or an area agency from being considered the employer of
the person for purposes of ORS { - chapter - } { + chapters
656 and + } 657.
' { + SECTION 6. + } { + The Senior and Disabled Services
Division shall elect under ORS 656.039 to make home care workers
subject workers for the purpose of receiving workers'
compensation coverage. The division shall pay the full cost of
premiums for workers' compensation insurance coverage of home
care workers. + }
' { + SECTION 7. + } { + The Senior and Disabled Services
Division, or an area agency, shall develop and implement a local
program that provides support services to home care workers.
Support services include, but are not limited to, caregiver
support groups, mentoring and special training opportunities. + }
' { + SECTION 8. + } { + Section 9 of this 2001 Act is added
to and made a part of ORS 653.800 to 653.850. + }
' { + SECTION 9. + } { + (1) The Insurance Pool Governing
Board shall establish a separate subsidy program for home care
workers in the Family Health Insurance Assistance Program.
Eligibility for participation in the subsidy program may be based
on eligibility criteria similar to those used by the Family
Health Insurance Assistance Program for individual and group plan
members.
' (2) The Insurance Pool Governing Board, in consultation with
the Senior and Disabled Services Division, shall adopt
administrative rules necessary for the implementation and
administration of this section. + }
' { + SECTION 10. + } { + Sections 2, 3 and 6 of this 2001
Act and the amendments to ORS 411.590 by section 5 of this 2001
Act become operative on January 1, 2002. + }
' { + SECTION 11. + } { + In addition to and not in lieu of
any other appropriation, there is appropriated to the Insurance
Pool Governing Board, for the biennium beginning July 1, 2001,
out of the General Fund, the amount of $___, which may be
expended for the purposes of section 9 of this 2001 Act. + }
' { + SECTION 12. + } { + In addition to and not in lieu of
any other appropriation, there is appropriated to the Senior and
Disabled Services Division in the Department of Human Services,
for the biennium beginning July 1, 2001, out of the General Fund,
the amount of $___ for the purposes of sections 2, 3, 4, 6 and 7
of this 2001 Act. + }
' { + SECTION 13. + } { + This 2001 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2001 Act
takes effect on July 1, 2001. + } ' .
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