Chapter 797
AN ACT
SB 157
Relating to the Home Care Commission;
creating new provisions; and amending ORS 410.602 and 410.604.
Be It Enacted by the People of
the State of
SECTION 1. Section 2 of this 2007 Act is added to and made
a part of ORS 410.600 to 410.614.
SECTION 2. (1) In carrying out its duties under ORS
410.600 to 410.614, the Home Care Commission may:
(a) Enter into an
interagency agreement or a contract with any state agency for the performance
of the commission’s duties or the leasing of office space;
(b) Provide nonemployee
compensation to home care workers or prospective home care workers who attend
training sessions approved or sponsored by the commission;
(c) On behalf of an
elderly person or a disabled person who hires a home care worker through the
Home Care Commission registry, elect workers’ compensation coverage or arrange
for health insurance coverage, including group coverage, for the person’s home
care workers; and
(d) As prescribed by
rule, charge fees to and collect fees from persons who attend training sessions
sponsored by the commission and who currently are not home care workers.
(2) The commission and
the Department of Human Services shall confer as to the amount of funds
necessary to carry out the duties and activities of the commission, and the
department shall include the agreed upon amount in the Governor’s budget
request to the Legislative Assembly.
(3) The commission may
apply for and receive gifts and grants from any public or private source.
(4) The commission may
award grants from funds appropriated by the Legislative Assembly to the
department for allocation to the commission or from funds otherwise available
from any other source for the purpose of carrying out the duties of the commission
under ORS 410.600 to 410.614.
SECTION 3. ORS 410.602 is amended to read:
410.602. (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 and 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) Department of Human
Services;
(c)
(d)
(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 ORS 410.600 to
410.614.
(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 executive 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 chapter 183, adopt and enforce rules to carry out
the provisions of ORS 410.600 to 410.614.
(10) The commission
is not subject to ORS 291.050 to 291.060.
(11) Members of the
commission are officers of the state and the commission is a state commission
for purposes of ORS 30.260 to 30.300 and 278.120 and ORS chapter 180.
(12) The chairperson may
sign, on behalf of the commission, contracts or agreements that the commission
authorizes or is required to execute.
SECTION 4. ORS 410.604 is amended to read:
410.604. (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;
(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
(2)(a) The commission
shall enter into an interagency agreement with the department to contract for a
department employee to serve as executive director of the commission. The
executive director shall be appointed by the Director of Human Services in
consultation with the Governor and subject to approval by the commission, and shall
serve at the pleasure of the Director of Human Services. The commission may
delegate to the executive director the authority to act on behalf of the
commission to carry out its duties and responsibilities, including but not
limited to:
(A) Entering into
contracts or agreements; and
(B) Taking reasonable or
necessary actions related to the commission’s role as employer of record for
home care workers under ORS 410.612.
(b) The commission shall
enter into an interagency agreement with the department for carrying out any of
the duties or functions of the commission, for department expenditures and for
the provision of staff support by the department.
(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] contract for services, lease,
acquire, hold, own, encumber, insure, sell, replace, deal in and with and
dispose of real and personal property in its own name.
Approved by the Governor July 17, 2007
Filed in the office of Secretary of State July 19, 2007
Effective date January 1, 2008
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