71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular 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 424
A-Engrossed
House Bill 2438
Ordered by the House April 23
Including House Amendments dated April 23
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Legislative Counsel
Committee for Speaker's Action Network)
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 Senior and Disabled Services Division to implement
orientation and training for { - in-home services providers - }
{ + home care workers + }. Provides for additional wages for
some { - providers - } { + home care workers + }.
{ - Provides that in-home services providers shall be considered
self-employed when applying for Oregon Health Plan benefits. - }
{ + Requires specified increases in wages of home care workers
after worker has completed certain number of hours of employment.
Requires division to employ case managers to monitor and
supervise home care services. Directs division to elect to
provide workers' compensation coverage for home care workers.
Requires Insurance Pool Governing Board to establish separate
subsidy program for home care workers. + } Directs division and
area agencies to implement support services for
{ - providers - } { + home care workers + }.
Appropriates moneys from General Fund to { - Department of
Human Services - } { + Insurance Pool Governing Board and
Senior and Disabled Services Division + } for purposes of Act.
Declares emergency, effective July 1, 2001.
A BILL FOR AN ACT
Relating to providers of in-home services; creating new
provisions; amending ORS 411.590; appropriating money; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
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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