Chapter 512
AN ACT
SB 648
Relating to lifespan respite program; amending ORS 409.450, 409.458,
409.462, 409.466, 409.474 and 409.478.
Be It Enacted by the People of
the State of
SECTION 1. ORS 409.450 is amended to read:
409.450. As used in ORS
409.450 to 409.478:
(1) “Caregiver” means an
individual providing ongoing care for an individual with special needs.
(2) “Community lifespan
respite care program” means a noncategorical respite care program that:
(a) Is operated by community-based
private nonprofit, for-profit or public agencies that provide respite care
services;
(b)
Receives funding through the Oregon Lifespan Respite Care Program established
under ORS 409.458;
(c)
Serves an area of one or more counties;
(d) Acts as a single
local source of information and referral; and
(e) Facilitates access
to local respite care services.
(3) “Noncategorical care”
means care without regard to the status, including but not limited to age and
type of special need of the individual receiving care.
(4) “Provider” means an
individual or agency selected by a family or caregiver to provide respite care
to an individual with special needs.
(5) “Respite care” means
the provision of short-term relief to primary caregivers from the demands of
ongoing care for an individual with special needs.
(6) “Respite care
services” includes:
(a) Recruiting and
screening of paid and unpaid respite care providers;
(b) Identifying local
training resources and organizing training opportunities for respite care
providers;
(c) Matching of families
and caregivers with providers and other types of respite care;
(d) Linking families and
caregivers with payment resources;
(e) Identifying,
coordinating and developing community resources for respite care;
(f) Quality assurance
and evaluation; and
(g) Assisting families
and caregivers to identify respite care needs and resources.
(7) “Special needs”
includes:
(a)
Alzheimer’s disease and related disorders;
(b) Developmental
disabilities;
(c) Physical disabilities;
(d) Chronic illness;
(e) Mental illness;
[(e)] (f) [Mental and] Behavioral and emotional conditions that require
supervision;
[(f)] (g) Situations in which a high
risk of abuse or neglect exists; and
[(g)] (h) Such other situations or
conditions as the Department of Human Services may establish by rule.
SECTION 2. ORS 409.458 is amended to read:
409.458. The Director of
Human Services shall establish the Oregon Lifespan Respite Care Program to
develop and encourage statewide coordination of respite care and to work with
community-based private nonprofit, for-profit or public agencies and interested
citizen groups in the establishment of community lifespan respite care
programs. The Oregon Lifespan Respite Care Program shall:
(1) Provide policy and
program development support, including but not limited to data collection and
outcome measures;
(2) Identify and promote
resolution of local and state level policy concerns;
(3) Provide technical
assistance to community lifespan respite care programs[;] in the areas of respite care program operations, resource
development, best practices, training, coordination with other caregiver
programs and promoting public awareness;
(4) Develop and
distribute respite care information;
(5) Promote the exchange
of information and coordination among state and local government, community
lifespan respite care programs, agencies serving individuals with special
needs, families and respite care advocates to encourage efficient provision of
respite care and reduce duplication of effort;
(6) Ensure statewide
access to community lifespan respite care programs; and
(7) Monitor and evaluate
implementation of community lifespan respite care programs.
SECTION 3. ORS 409.462 is amended to read:
409.462. (1) The Department
of Human Services through the Oregon Lifespan Respite Care Program shall
coordinate the establishment of community lifespan respite care programs. The
program shall accept proposals to operate community lifespan respite care
programs, submitted in the form and manner required by the program, from
community-based private nonprofit, for-profit or public agencies that provide
respite care services. According to criteria established by the Department of
Human Services, the Oregon Lifespan Respite Care Program shall designate and
fund agencies described in this section to operate the community lifespan
respite care programs.
(2) The Director of
Human Services shall create the position of administrator of the Oregon
Lifespan Respite Care Program to carry out the duties of the program.
(3) [The Family Support Advisory Council
established in ORS 417.346] The Director of Human Services shall
appoint [a subcommittee of the council to
act as] an advisory council to the Oregon Lifespan Respite Care Program. The
[subcommittee] council shall
be composed of [Family Support Advisory
Council members and nonmembers including respite care providers,] respite
care program managers, respite care consumers, family members and other
interested individuals and shall meet no fewer than four times per year.
SECTION 4. ORS 409.466 is amended to read:
409.466. Each community
lifespan respite care program established pursuant to ORS 409.458 shall:
(1) Involve key local
individuals and agencies in the community lifespan respite care program
planning process.
(2) Create an advisory
committee [composed of 15 members] to
advise the community lifespan respite care program on how the program may best
serve the needs of families and caregivers of individuals with special needs. [At least eight] A majority of the
members of the advisory committee shall be family members and caregivers of
individuals with special needs. Other members shall include respite care
providers, representatives of local service agencies and other community representatives.
Committee membership shall represent senior citizens, [individuals] adults and children with special needs, and
families at risk of abuse or neglect.
SECTION 5. ORS 409.474 is amended to read:
409.474. The Department
of Human Services shall adopt all rules necessary for the operation and
administration of the Oregon Lifespan Respite Care Program, including but not
limited to:
(1) Establishing
criteria, procedures and timelines for designation of the community-based
private nonprofit, for-profit or public agencies that will receive funding to
provide respite services under community lifespan respite care programs; [and]
(2) Requiring that
community lifespan respite care programs publicize the telephone number and
address where families and caregivers may contact the program[.];
(3) Establishing
operational guidelines and outcome measures for state and community lifespan
respite care programs;
(4) Establishing program
reporting and data collection requirements;
(5) Creating statewide
minimum standards for lifespan respite care providers;
(6) Establishing
standards for coordination between the
(7) Establishing a
statewide quality assurance process and quality assurance measures.
SECTION 6. ORS 409.478 is amended to read:
409.478. The
(1) The purposes
established in ORS 409.458 and 409.462;
(2) Costs related to [developing] ongoing provider
recruitment and training, information and referral, outreach and other
components of the provision of local respite care;
(3) One time only
start-up costs related to the establishment of the community lifespan respite care
program; [and]
(4) [Minimum] Administrative costs for
maintaining ongoing program operation at both the state and local levels,
including technology acquisition and upgrades to expand access to respite care
services and to improve accountability; and
(5) The purchase of
community-based respite care for families and individuals.
Approved by the Governor June 20, 2007
Filed in the office of Secretary of State June 21, 2007
Effective date January 1, 2008
__________