75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2013
A-Engrossed
Senate Bill 702
Ordered by the Senate May 1
Including Senate Amendments dated May 1
Sponsored by Senator MORRISETTE, Representative DEMBROW
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.
Amends definition of 'home care worker' to include individual
whose compensation is funded in whole or part by Department of
Human Services, area agency or other public agency and to limit
definition of 'home care worker' to individuals registered with
Home Care Commission.
{ + Requires area agencies and other public agencies to
report certain information regarding home care workers to
Department of Human Services. Requires department to keep and
maintain information until June 30, 2013.
Requires department, area agencies and public agencies to
report certain information regarding home care workers for
purpose of registry maintained by Home Care Commission.
Prohibits department from reducing amount of funds available to
persons with disabilities in event that cost of home care
services increases as result of wage or benefit increase for home
care workers secured by collective bargaining agreement. + }
A BILL FOR AN ACT
Relating to home care workers; creating new provisions; and
amending ORS 410.600, 410.606, 410.612 and 656.039.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 410.600 is amended to read:
410.600. As used in ORS 410.600 to 410.625:
(1) 'Activities of daily living' includes but is not limited to
the following:
(a) Bathing and personal hygiene;
(b) Dressing and grooming;
(c) Eating;
(d) Mobility;
(e) Bowel and bladder management; and
(f) Cognition.
(2) 'Area agency' has the meaning given that term in ORS
410.040.
(3) 'Commission' means the Home Care Commission established and
operated pursuant to section 11, Article XV of the Oregon
Constitution, and ORS 410.600 to 410.625.
(4) 'Elderly person' has the meaning given that term in ORS
410.040.
(5) 'Home care services' means assistance with activities of
daily living and self-management provided by a home care worker
in the home of an elderly person or person with a disability.
(6) 'Home care worker' means a person:
(a) Who is hired directly by an elderly person or person with a
disability { - who - } { + or by a parent or guardian of an
elderly person or person with a disability;
(b) Who + } receives moneys from the Department of Human
Services for { - that purpose - } { + the purpose of
providing care to the elderly person or person with a
disability + };
{ - (b) - } { + (c) + } Whose compensation is
{ - paid - } { + funded + } in whole or in part by the
department, an area agency or other public agency
{ - that receives moneys from the department for that purpose;
and - } { + ; + }
{ - (c) - } { + (d) + } Who provides either hourly or
live-in home care services { - . - } { + ; and
(e) Who is registered with the Home Care Commission. + }
(7) 'Person with a disability' { - has the meaning given that
term in ORS 410.040 - } { + means a person with a developmental
disability or mental illness, a person who is mentally retarded
or medically fragile or a person who receives personal or
intensive in-home care services from the department, area agency
or other public agency + }.
(8) 'Self-management' includes but is not limited to the
following activities, other than activities of daily living,
required by an individual to continue living independently in the
individual's own home:
(a) Medication and oxygen management;
(b) Transportation;
(c) Meal preparation;
(d) Shopping; and
(e) Client focused general household work.
SECTION 2. ORS 410.606 is amended to read:
410.606. { + (1) + } The Department of Human Services, an area
agency or other public agency shall provide to an individual
seeking a home care worker the names of qualified individuals, in
the appropriate geographic area, who have been placed on the
registry maintained by the Home Care Commission.
{ + (2) To facilitate the development and maintenance of the
registry maintained by the commission, area agencies and other
public agencies shall report to the department:
(a) The name and address of any home care worker that provides
home care services whose compensation is funded in whole or in
part with state funds; and
(b) The name of the program under which the home care worker
provides the services.
(3) If necessary to report the information required by
subsection (2) of this section, area agencies and other public
agencies shall obtain the required information from any private
or public agency that provides payroll services for home care
workers.
(4) The department shall keep and maintain the names and
addresses that the department receives under subsection (2) of
this section in a database for the purpose of registering home
care workers in the registry maintained by the commission. + }
SECTION 3. ORS 410.606, as amended by section 2 of this 2009
Act, is amended to read:
410.606. (1) The Department of Human Services, an area agency
or other public agency shall provide to an individual seeking a
home care worker the names of qualified individuals, in the
appropriate geographic area, who have been placed on the registry
maintained by the Home Care Commission.
{ - (2) To facilitate the development and maintenance of the
registry maintained by the commission, area agencies and other
public agencies shall report to the department: - }
{ - (a) The name and address of any home care worker that
provides home care services whose compensation is funded in whole
or in part with state funds; and - }
{ - (b) The name of the program under which the home care
worker provides the services. - }
{ - (3) If necessary to report the information required by
subsection (2) of this section, area agencies and other public
agencies shall obtain the required information from any private
or public agency that provides payroll services for home care
workers. - }
{ - (4) The department shall keep and maintain the names and
addresses that the department receives under subsection (2) of
this section in a database for the purpose of registering home
care workers in the registry maintained by the commission. - }
{ + (2) To facilitate the development and maintenance of the
registry maintained by the commission, the department, area
agency or other public agency shall report to the commission:
(a) The name and address of any home care worker that provides
home care services whose compensation is funded in whole or in
part with state funds; and
(b) The name of the program under which the home care worker
provides the services.
(3) If necessary to report the information required by
subsection (2) of this section, the department, area agency and
other public agency shall obtain the required information from
any private or public agency that provides payroll services for
home care workers. + }
SECTION 4. ORS 410.612 is amended to read:
410.612. (1) For purposes of collective bargaining under ORS
243.650 to 243.782, the Home Care Commission is the employer of
record for home care workers.
(2) Notwithstanding subsection (1) of this section, home care
workers may not be considered for any purposes to be an employee
of the State of Oregon, an area agency or other public agency.
(3) The Oregon Department of Administrative Services shall
represent the commission in collective bargaining negotiations
with the certified or recognized exclusive representatives of all
appropriate bargaining units of home care workers. The department
is authorized to agree to terms and conditions of collective
bargaining agreements on behalf of the commission and the
Department of Human Services.
{ + (4) In the event that the cost of home care services
increases as a result of a wage or benefit increase for home care
workers secured by a collective bargaining agreement reached
under this section or ORS 243.650 to 243.782, the Department of
Human Services may not reduce the amount of funds available to
persons with disabilities to purchase home care services and
other services and products related to health and human service
programs to offset the increased cost of home care services. + }
SECTION 5. ORS 656.039 is amended to read:
656.039. (1) An employer of one or more persons defined as
nonsubject workers or not defined as subject workers may elect to
make them subject workers. If the employer is or becomes a
carrier-insured employer, the election shall be made by filing
written notice thereof with the insurer with a copy to the
Director of the Department of Consumer and Business Services. The
effective date of coverage is governed by ORS 656.419 (3). If the
employer is or becomes a self-insured employer, the election
shall be made by filing written notice thereof with the director,
the effective date of coverage to be the date specified in the
notice.
(2) Any election under subsection (1) of this section may be
canceled by written notice thereof to the insurer or, in the case
of a self-insured employer, by notice thereof to the director.
The cancellation is effective at 12 midnight ending the day the
notice is received by the insurer or the director, unless a later
date is specified in the notice. The insurer shall, within 10
days after receipt of a notice of cancellation under this
section, send a copy of the notice to the director.
(3) When necessary the insurer or the director shall fix
assumed minimum or maximum wages for persons made subject workers
under this section.
(4) Notwithstanding any other provision of this section, a
person or employer not subject to this chapter who elects to
become covered may apply to a guaranty contract insurer for
coverage. An insurer other than the State Accident Insurance Fund
Corporation may provide such coverage. However, the State
Accident Insurance Fund Corporation shall accept any written
notice filed and provide coverage as provided in this section if
all subject workers of the employers will be insured with the
State Accident Insurance Fund Corporation and the coverage of
those subject workers is not considered by the State Accident
Insurance Fund Corporation to be a risk properly assignable to
the assigned risk pool.
(5)(a) The Home Care Commission created by ORS 410.602 shall
elect coverage on behalf of clients of the Department of Human
Services who employ home care workers to make home care workers
subject workers if the home care worker is { - paid - }
{ + funded + } by the state on behalf of the client.
(b) As used in this subsection, 'home care worker' has the
meaning given that term in ORS 410.600.
SECTION 6. ORS 656.039, as amended by section 8, chapter 241,
Oregon Laws 2007, is amended to read:
656.039. (1) An employer of one or more persons defined as
nonsubject workers or not defined as subject workers may elect to
make them subject workers. If the employer is or becomes a
carrier-insured employer, the election shall be made by filing
written notice thereof with the insurer with a copy to the
Director of the Department of Consumer and Business Services. The
effective date of coverage is governed by ORS 656.419 (3). If the
employer is or becomes a self-insured employer, the election
shall be made by filing written notice thereof with the director,
the effective date of coverage to be the date specified in the
notice.
(2) Any election under subsection (1) of this section may be
canceled by written notice thereof to the insurer or, in the case
of a self-insured employer, by notice thereof to the director.
The cancellation is effective at 12 midnight ending the day the
notice is received by the insurer or the director, unless a later
date is specified in the notice. The insurer shall, within 10
days after receipt of a notice of cancellation under this
section, send a copy of the notice to the director.
(3) When necessary the insurer or the director shall fix
assumed minimum or maximum wages for persons made subject workers
under this section.
(4) Notwithstanding any other provision of this section, a
person or employer not subject to this chapter who elects to
become covered may apply to an insurer for coverage. An insurer
other than the State Accident Insurance Fund Corporation may
provide such coverage. However, the State Accident Insurance Fund
Corporation shall accept any written notice filed and provide
coverage as provided in this section if all subject workers of
the employers will be insured with the State Accident Insurance
Fund Corporation and the coverage of those subject workers is not
considered by the State Accident Insurance Fund Corporation to be
a risk properly assignable to the assigned risk pool.
(5)(a) The Home Care Commission created by ORS 410.602 shall
elect coverage on behalf of clients of the Department of Human
Services who employ home care workers to make home care workers
subject workers if the home care worker is { - paid - }
{ + funded + } by the state on behalf of the client.
(b) As used in this subsection, 'home care worker' has the
meaning given that term in ORS 410.600.
SECTION 7. { + (1) The amendments to ORS 410.600, 410.606 and
656.039 by sections 1, 2, 5 and 6 of this 2009 Act become
operative on July 1, 2010.
(2) Notwithstanding subsection (1) of this section, the Home
Care Commission, the Department of Human Services and the Oregon
Department of Administrative Services may take any action
necessary, including the commencement of collective bargaining
with home care workers, before the operative date specified in
subsection (1) of this section to enable the commission, the
Department of Human Services and the Oregon Department of
Administrative Services to exercise, on and after the operative
date specified in subsection (1) of this section, all the duties,
functions and powers conferred on the commission, the Department
of Human Services and the Oregon Department of Administrative
Services by the amendments to ORS 410.600, 410.606 and 656.039 by
sections 1, 2, 5 and 6 of this 2009 Act. + }
SECTION 8. { + (1) The amendments to ORS 410.606 by section 3
of this 2009 Act become operative on July 1, 2013.
(2) Notwithstanding subsection (1) of this section, the Home
Care Commission and the Department of Human Services may take any
action necessary before the operative date specified in
subsection (1) of this section to enable the commission and the
department to exercise, on and after the operative date specified
in subsection (1) of this section, all the duties, functions and
powers conferred on the commission and the department by the
amendments to ORS 410.606 by section 3 of this 2009 Act. + }
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