Chapter 1034 Oregon Laws 1999

Session Law

AN ACT

HB 3635

Relating to in-home care agency licensure; and appropriating money.

Be It Enacted by the People of the State of Oregon:

SECTION 1. As used in sections 1 to 6 of this 1999 Act:

(1) "In-home care agency" means an agency primarily engaged in providing in-home care services for compensation to an individual in that individual's place of residence. "In-home care agency" does not include a home health agency as defined in ORS 443.005.

(2) "In-home care services" means personal care services furnished by an in-home care agency, or an individual under an arrangement or contract with an in-home care agency, that are necessary to assist an individual in meeting the individual's daily needs, but does not include curative or rehabilitative services.

(3) "Subunit" means an in-home care agency that provides services for a parent agency in a geographic area different from that of the parent agency and generally exceeding one hour of travel time from the location of the parent agency.

SECTION 2. (1) A person shall not operate or maintain an in-home care agency or purport to operate or maintain an in-home care agency without obtaining a license from the Department of Human Resources.

(2) The department shall establish requirements and qualifications for licensure under this section by rule. The department shall issue a license to an applicant that has the necessary qualifications and meets all requirements established by rule, including the payment of required fees.

(3) Application for a license required under subsection (1) of this section shall be made in the form and manner required by the department by rule and shall be accompanied by any required fees.

(4) The department shall adopt a schedule of required fees by rule. The fee for initial licensure shall not exceed $500 per subunit of an in-home care agency. The fees established under this subsection are subject to the prior approval of the Oregon Department of Administrative Services and, if their adoption occurs between regular sessions of the Legislative Assembly, a report to the Emergency Board. The fees shall not exceed the cost of administering the provisions of sections 1 to 6 of this 1999 Act as authorized by the Legislative Assembly.

(5) A license issued under this section is valid for one year. A license may be renewed by payment of the required renewal fee established by rule, and by demonstration of compliance with requirements for renewal established by rule.

(6) A license issued under this section is not transferable.

SECTION 3. (1) The Department of Human Resources may deny, suspend or revoke the license of any in-home care agency licensed under section 2 of this 1999 Act for failure to comply with sections 1 to 6 of this 1999 Act or with rules adopted thereunder.

(2) Action under this section shall be taken in accordance with ORS 183.310 to 183.550.

SECTION 4. (1) The Department of Human Resources shall adopt administrative rules necessary for the implementation and administration of sections 1 to 6 of this 1999 Act. These rules shall include, but are not limited to, a requirement that an in-home care agency must conduct criminal background checks on all individuals employed by or contracting with the agency as in-home caregivers.

(2) The Health Division, the Mental Health and Developmental Disability Services Division and the Senior and Disabled Services Division shall jointly make recommendations to the department about the administrative rules to be adopted under subsection (1) of this section.

SECTION 5. All fees received pursuant to section 2 of this 1999 Act shall be deposited in the State Treasury and credited to an account designated by the Department of Human Resources. Such moneys are continuously appropriated to the department for the administration of sections 1 to 6 of this 1999 Act.

SECTION 6. The provisions of sections 1 to 6 of this 1999 Act do not apply to organizations licensed, registered or certified under ORS 101.030, 410.495, 443.410, 443.485, 443.725, 443.860 or 443.886.

Approved by the Governor August 20, 1999

Filed in the office of Secretary of State August 23, 1999

Effective date October 23, 1999

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