Chapter 57 Oregon Laws 2003

AN ACT

HB 2487

Relating to home health agencies; creating new provisions; amending ORS 443.005; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 443.005 is amended to read:

443.005. As used in ORS 443.005 to 443.095:

(1) “Department” means the Department of Human Services.

(2) “Home health agency” means a public or private agency providing coordinated home health services on a home visiting basis. “Home health agency” does not include:

(a) Any visiting nurse service or home health service conducted by and for those who rely upon spiritual means through prayer alone for healing in accordance with the tenets and practices of a recognized church or religious denomination.

(b) Those home health services offered by county health departments outside, and in addition to, programs formally designated and funded as home health agencies.

[(c) Those personal care services that do not pertain to the curative, rehabilitative or preventive aspect of nursing.]

(3) “Home health services” means items and services furnished to an individual by a home health agency, or by others under arrangements with such agency, on a visiting basis, in a place of temporary or permanent residence used as the individual’s home for the purpose of maintaining that individual at home.

SECTION 2. Section 3 of this 2003 Act is added to and made a part of ORS 443.005 to 443.095.

SECTION 3. Notwithstanding ORS 443.305 to 443.350, a home health agency licensed under ORS 443.015 that provides personal care services that are necessary to assist an individual in meeting the individual’s daily needs, but do not include curative or rehabilitative services, is not required to be licensed as an in-home care agency under ORS 443.315.

SECTION 4. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on passage.

Approved by the Governor April 10, 2003

Filed in the office of Secretary of State April 11, 2003

Effective date April 10, 2003

__________