74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 157
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for Department of Human Services)
CHAPTER ................
AN ACT
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 Oregon:
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
Enrolled Senate Bill 157 (SB 157-B) Page 1
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) 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 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;
Enrolled Senate Bill 157 (SB 157-B) Page 2
(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. - }
{ + (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 + }.
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Enrolled Senate Bill 157 (SB 157-B) Page 3
Passed by Senate June 23, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 26, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 157 (SB 157-B) Page 4
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 157 (SB 157-B) Page 5