74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1936
A-Engrossed
Senate Bill 648
Ordered by the Senate March 23
Including Senate Amendments dated March 23
Sponsored by Senator MORRISETTE, Representative GELSER; Senators
GORDLY, KRUSE, Representatives BOONE, DALLUM, KOTEK, ROBLAN
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Expands lifespan respite care to include individuals with
behavioral conditions. Specifies technical assistance that must
be provided to community lifespan respite care programs by Oregon
Lifespan Respite Care Program. Replaces Family Support Advisory
Council subcommittee with advisory council appointed by Director
of Human Services. Requires department to adopt rules relating to
oversight of Oregon Lifespan Respite Care Program. { + Modifies
provisions relating to allowed uses of funds appropriated to
program. + }
A BILL FOR AN ACT
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 Oregon:
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 Oregon
Lifespan Respite Care Program and other caregiving programs; and
(7) Establishing a statewide quality assurance process and
quality assurance measures. + }
SECTION 6. ORS 409.478 is amended to read:
409.478. The Oregon Lifespan Respite Care Program may use the
funds appropriated to the program for the following purposes:
(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 + }.
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