71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 3816
Sponsored by Representative GARDNER; Representatives BACKLUND,
BARNHART, BATES, DEVLIN, GARRARD, HASS, KAFOURY, KRUSE, LEE,
LOWE, MARCH, MONNES ANDERSON, NELSON, G SMITH, TOMEI, C WALKER,
WESTLUND, WILSON, WIRTH, Senators FERRIOLI, HANNON, SHIELDS,
TROW, YIH (at the request of Governor John A. Kitzhaber, M.D.,
Oregon State Council of Senior Citizens, Gray Panthers, Elders
in Action, Alzheimer's Association Oregon Trail Chapter, SEIU
Oregon State Council, OPEU Local 503, United Seniors of Oregon,
Community Action Directors of Oregon, Statewide Independent
Living Council)
CHAPTER ................
AN ACT
Relating to the Home Care Commission; creating new provisions;
amending ORS 411.590; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 7 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 the Constitution of the State of Oregon and
sections 1 to 7 of this 2001 Act.
(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 that receives moneys from the department for that purpose;
(b) Whose compensation is paid in whole or in part by the
Department of Human Services, an area agency or other public
agency that receives moneys from the department for that purpose;
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,
Enrolled House Bill 3816 (HB 3816-B) Page 1
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 Home Care Commission is created,
consisting of nine members appointed by the Governor and
confirmed by the Senate as provided in ORS 171.562 to 171.565.
Five members shall be elderly or disabled persons who are
receiving or who have received home care services. One member
shall be appointed to represent each of the following entities,
or a successor entity, for as long as a comparable entity exists:
(a) Governor's Commission on Senior Services;
(b) Senior and Disabled Services Division;
(c) Oregon Disabilities Commission; and
(d) Oregon Association of Area Agencies on Aging and
Disabilities.
(2) The members shall be appointed for terms of three years. A
member is eligible for reappointment and may serve no more than
three consecutive terms. When making appointments to the
commission, the Governor may consider recommendations from the
entities listed in subsection (1) of this section and other
organizations representing the interests of elderly and disabled
persons.
(3) If there is a vacancy for any cause, the Governor shall
make an appointment to become immediately effective for the
unexpired term.
(4) The commission shall exercise all powers necessary to
effectuate the purposes of sections 1 to 7 of this 2001 Act.
(5) The Governor shall select annually from the membership of
the commission a chairperson who serves at the pleasure of the
Governor. The chairperson or majority of the members of the
commission then in office shall have the power to call regular or
special meetings of the commission. The commission shall meet at
a place, date and hour determined by the commission.
(6) Members of the commission shall be paid compensation and
expenses as provided in ORS 292.495 from such funds as may be
available to the commission.
(7) Meetings of the commission shall be open and public in
accordance with ORS 192.610 to 192.690. Records of the commission
shall be open and available to the public in accordance with ORS
192.410 to 192.505. The commission shall meet regularly with the
executive director of the Home Care Commission to make
recommendations and set policy, to approve or reject reports of
the director, to adopt rules and to transact other business.
(8) A quorum of the commission shall consist of a majority of
the members of the commission then in office. All decisions of
the commission shall be made by a majority of all the members
then in office.
(9) The commission shall, in accordance with ORS 183.310 to
183.550, adopt and enforce rules to carry out the provisions of
sections 1 to 7 of this 2001 Act. + }
SECTION 3. { + (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;
Enrolled House Bill 3816 (HB 3816-B) Page 2
(b) Providing training opportunities for home care workers and
elderly and disabled persons 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) The commission shall employ an executive director who is
appointed by the Governor and who shall serve at the pleasure of
the Governor. The commission may employ other staff as may be
necessary to carry out its functions. An employee of the
commission is not an employee of the State of Oregon for any
purpose.
(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
and disabled persons by home care workers.
(4) The commission has the authority to contract, lease,
acquire, hold, own, encumber, insure, sell, replace, deal in and
with and dispose of real and personal property. + }
SECTION 4. { + 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. + }
SECTION 5. { + (1) An elderly or disabled person who hires a
home care worker has the right to select the elderly or disabled
person's own home care worker, including a family member.
(2) An elderly or disabled person who hires a home care worker
has the right to terminate the employment of the home care worker
at any time and for any reason.
(3) The Department of Human Services shall determine the
eligibility of an elderly or disabled person to receive home care
services under the Medicaid program and state-funded long term
care services. + }
SECTION 6. { + (1) For purposes of collective bargaining under
ORS 243.650 to 243.782, the Home Care Commission is the employer
of record for home care workers.
(2) Notwithstanding subsection (1) of this section, home care
workers may not be considered for any purposes to be an employee
of the State of Oregon, an area agency or other public agency.
(3) The Oregon Department of Administrative Services shall
represent the commission in collective bargaining negotiations
with the certified or recognized exclusive representatives of all
appropriate bargaining units of home care workers. The department
is authorized to agree to terms and conditions of collective
bargaining agreements on behalf of the commission and the
Department of Human Services. + }
SECTION 7. { + Notwithstanding ORS 243.650 (19) and (20), the
Home Care Commission shall be considered a public employer and
home care workers shall be considered public employees governed
Enrolled House Bill 3816 (HB 3816-B) Page 3
by ORS 243.650 to 243.782. Home care workers have the right to
form, join and participate in the activities of labor
organizations of their own choosing for the purpose of
representation and collective bargaining with the commission on
matters concerning employment relations. These rights shall be
exercised in accordance with the rights granted to public
employees with mediation and interest arbitration under ORS
243.742 as the method of concluding the collective bargaining
process. Home care workers do not have the right to strike. + }
SECTION 8. 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, - } { + housekeeper or homemaker, or
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 657.
SECTION 9. { + Section 4 of this 2001 Act becomes operative on
July 1, 2003. + }
SECTION 10. { + 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
its passage. + }
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Passed by House July 5, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate July 5, 2001
...........................................................
President of Senate
Enrolled House Bill 3816 (HB 3816-B) Page 4
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 3816 (HB 3816-B) Page 5