justicedao/ipfs_state_laws huggingface dataset:
418-010-0010 Purpose (1) In accordance with Article XV, Section 11 of the Oregon State Constitution, the Commission ensures the high quality of homecare services by working cooperatively with area agencies and state and local agencies to accomplish the following: (a) Establish qualifications for homecare and personal support workers with the advice and consent of the Department of Human Services (DHS) and Oregon Health Authority (OHA); (b) Provide training opportunities for homecare and personal support workers; and seniors and individuals experiencing disabilities who employ homecare or personal support workers; (c) Maintain a Registry of qualified homecare and personal support workers; (d) Provide routine, emergency, and substitute referrals of homecare and personal support workers; (e) Enter into contracts with public and private organizations and individuals for the purpose to obtain or develop training materials and curriculum or other services as may be needed by the Commission; (f) Serve as employer of record for collective bargaining with homecare and personal support workers; (g) Select workers’ compensation coverage on behalf of a senior or individual experiencing disability who hires a homecare or personal support worker through a publicly funded program; and (h) Train and certify homecare or personal support workers who desire to become certified community health workers or personal health navigators and meet eligibility criteria and ensure Coordinated Care Organizations honor employment terms and conditions of Community Health Workers and Personal Health Navigator established by the Commission. (2) The rules in Oregon Administrative Rules (OAR) Chapter 418 establish procedures for the Commission to fulfill its mission to ensure high quality, comprehensive homecare services are provided for seniors and individuals with disabilities who receive services from homecare and personal support workers who they hire and are paid with public funds. Statutory/Other Authority: ORS 410.602 Statutes/Other Implemented: ORS 410.602 History: HCC 1-2014, f. 11-26-14, cert. ef. 12-1-14
418-010-0020 Rulemaking The Commission adopts the Attorney General Model Rules applicable to rulemaking, effective on November 1, 2014, with the exception of 137-001-0080. Statutory/Other Authority: ORS 183.341 & 410.602 Statutes/Other Implemented: ORS 183.341 & 410.602 History: HCC 1-2014, f. 11-26-14, cert. ef. 12-1-14
418-010-0040 Delegation of Rulemaking Authority Any member or employee of the Commission who is identified on a completed Delegation of Authority form signed by the Executive Director or Chair of the Commission and filed with the Secretary of State, Administrative Rules Unit, is vested with the authority to adopt, amend, repeal, or suspend administrative rules as provided on that form until such delegation is revoked by the Executive Director or Chair of the Commission, or the person leaves employment with the Commission. Statutory/Other Authority: ORS 410.602 Statutes/Other Implemented: ORS 183.325 & 410.602 History: HCC 1-2014, f. 11-26-14, cert. ef. 12-1-14
418-020-0040 Consumer-Employer Training Services The Commission offers voluntary training services to consumer-employers, consumers' authorized representatives, and consumers' common law employers on how to manage employer responsibilities. These services are referred to as Employer Resource Connection. (1) To be eligible for the consumer-employer training program, an individual must be receiving Medicaid funded in-home services through DHS or OHA or services through the Oregon Project Independence program. An individual's authorized representative or common law employer is eligible to receive consumer-employer training services. (2) Consumer-employer training services are provided by individuals or entities under contract with the Commission and meet the qualifications described in OAR 411-035-0095. (3) Services are designed to meet consumer-employer needs and are provided in a culturally competent manner. Consumer-employer training is based on the needs and preferences of the consumer-employer and topics are related to the employer responsibilities described in OAR 411-030-0040(4)(a) and OAR 411-375-0055(5)(b). (4) Consumer-employer training services shall meet the requirements outlined in OAR 411-035-0090. Statutory/Other Authority: ORS 410.602 Statutes/Other Implemented: ORS 410.603, 410.604 History: HCC 1-2019, amend filed 06/21/2019, effective 07/01/2019 HCC 1-2014, f. 11-26-14, cert. ef. 12-1-14
418-020-0060 Workers’ Compensation (1) The Commission elects workers' compensation coverage on behalf of consumer-employers who employ providers. (2) Consumer-employers and consumer representatives must: (a) Sign required documents for a provider to receive workers' compensation coverage. (b) Report provider injuries to the Commission as soon as becoming aware of a provider’s injury. (c) Provide information to the Commission and workers' compensation carrier when providers report an injury. (3) Service delivery office staff shall: (a) Collect from each consumer-employer, at time of eligibility for services, appropriate signed workers' compensation documents. (b) Report injuries immediately to the Commission. (c) Respond to requests for information from the Commission and workers' compensation carrier when providers report injuries and when claims are filed. (4) The Commission shall: (a) Assist providers who are injured while performing service plan authorized tasks with filing claims. (b) Work as the agent of consumer-employers while providing information to the insurance carrier's claims adjusters, attorneys, return-to-work specialists, and vocational rehabilitation administrators. (5) Providers injured while providing authorized services must: (a) Report work injuries as soon as becoming aware of injuries to the: (A) Consumer-employer, consumer's authorized representative, or the consumer's common law employer; (B) Case manager; and (C) Commission. (b) Cooperate with the Commission and workers' compensation carrier by providing all required documents and returning phone calls timely. (c) Keep the consumer-employer, consumer-representative, or consumer's common law employer informed regarding work restrictions resulting from injuries at work, medical appointments, and return to work dates. Statutory/Other Authority: ORS 410.602 Statutes/Other Implemented: ORS 410.606, 410.625 & 656.039 History: HCC 2-2022, amend filed 10/12/2022, effective 10/14/2022 HCC 1-2019, amend filed 06/21/2019, effective 07/01/2019 HCC 1-2014, f. 11-26-14, cert. ef. 12-1-14
418-030-0000 Application The rules contained in OAR chapter 418, division 30 govern the public contracting of the Oregon Home Care Commission. In addition to these rules, the Commission is subject to ORS Chapters 279A, 279B and 279C. Statutory/Other Authority: ORS 410.602 Statutes/Other Implemented: ORS 410.604 & 410.625 History: HCC 1-2014, f. 11-26-14, cert. ef. 12-1-14
418-030-0010 Procurement Authority (1) The Commission may: (a) Enter 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; (b) 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; and (c) Enter into an interagency agreement or contract with any state agency for the performance of the Commission's duties or the leasing of office space. (2) The Commission delegates 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, entering into contracts or agreements. Statutory/Other Authority: ORS 410.602 Statutes/Other Implemented: ORS 279A.065, 279A.070, 410.604 & 410.625 History: HCC 1-2014, f. 11-26-14, cert. ef. 12-1-14
418-030-0020 Adoption of Oregon Health Authority Rules The Oregon Home Care Commission adopts the rules in OAR chapter 943, division 60, except for rules and definitions which are not applicable to the work of the Commission authorized in ORS 410.595–410.625 as follows: (1) Each instance of “Oregon Health Authority” or “Authority” means “Oregon Home Care Commission” or “Commission.” (2) The following rules, and subparts thereof, are not applicable: (a) 943-060-0010, definitions (2)(a) and (c), (3)(a) through (o), and (8); (b) 943-060-0020; (c) In 943-060-0050, omit agreements under ORS 190.485, 190.112 and 660.342 (as renumbered to 660.334); (d) 943-0060-0080; (e) 943-060-0090; and (f) 943-060-0110(1), (11), and (12). Statutory/Other Authority: ORS 410.602 Statutes/Other Implemented: ORS 410.604 & 410.625 History: HCC 1-2014, f. 11-26-14, cert. ef. 12-1-14
418-040-0000 Purpose The rules in OAR chapter 418, division 40 establish the rules for the Homecare Choice Program administered by the Oregon Home Care Commission. The purpose of the program is to provide private pay individuals with access to the Commission's statewide Registry to hire employees to provide in-home services and to assist participants in meeting the legal responsibilities of being a household employer. Statutory/Other Authority: ORS 410.602 Statutes/Other Implemented: ORS 410.595-625 History: HCC 1-2016, f. 6-13-16, cert. ef. 6-20-16 HCC 1-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16
418-040-0020 Participant Eligibility (1) In order to enroll as a participant in the Homecare Choice Program, an individual, or the individual's representative, must: (a) Complete a self-assessment developed by the Oregon Home Care Commission. (b) Enter into a written service plan with a Homecare Choice provider before the commencement of services. (c) Pay the Commission in advance for services. (d) Be able to comply with state and federal wage and tax laws and recordkeeping requirements by completing, submitting, and retaining necessary documents provided by the fiscal intermediary contracted by the Commission. (e) Complete a Homecare Choice Program enrollment agreement. (f) Provide information, when requested, for workers' compensation claims related to the individual's provider. (g) Be able and willing to effectively manage and direct homecare services by performing the functions of an employer, including: (A) Locating, screening, and hiring a qualified provider. (B) Evaluating whether the provider has the skills and abilities to meet the individual's specific service needs. (C) Assigning and directing the provider's work. (D) Supervising and training the provider. (E) Scheduling the providers' work, leave, and coverage. (F) Tracking the hours worked and validating the authorized hours were completed by the provider. (G) Recognizing, discussing, and attempting to correct any performance deficiencies with the provider. (H) Discharging an unsatisfactory provider. (2) An individual becomes ineligible to participate in the Homecare Choice Program when: (a) The individual, or individual's representative, fails to pay for services in advance. (b) The individual, or the individual's representative, fails to maintain an account balance equal to one service period. (c) The individual, or the individual's representative, is unable or unwilling to effectively manage and direct homecare services by failing to meet the requirements outlined in OAR 418-040-0020(1)(g)(A)–(H). (d) The individual, or the individual's representative, is unable or unwilling to comply with state and federal wage and tax laws or recordkeeping requirements by failing to complete, submit, and retain necessary documents provided by a fiscal intermediary contracted with the Oregon Home Care Commission. (e) Dangerous conditions in the individual's service setting jeopardize the health or safety of the individual or provider, and the individual, or the individual's representative, is unable or unwilling to implement necessary safeguards to minimize the dangers. (f) Services are not able to be provided safely or adequately by the provider based on: (A) The extent of the participant's service needs; or (B) The choices or preferences of the participant or the participant's representative. (3) Participants determined to be ineligible for continued participation in the Homecare Choice Program will be sent written notice 10 days in advance of the proposed action. Statutory/Other Authority: ORS 410.602 Statutes/Other Implemented: ORS 410.595-625 History: HCC 1-2016, f. 6-13-16, cert. ef. 6-20-16 HCC 1-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16
418-040-0030 Services (1) Services available through the Homecare Choice Program are intended to support a participant in the participant's home and in the community. Services are identified by the participant through a self-assessment developed by the Oregon Home Care Commission. (2) The program is responsible to review the results of an individual's self- assessment with the participant or the participant's representative and provide information about the scope of services offered through the program, the long-term care services and supports not available through the program, and other community resources that are available to individuals seeking long-term care services and supports. (3) The service plan is determined by the participant based on the participant's self-assessment and the participant or the participant's representative determines the number of purchased service hours per service period. (4) Services are performed by providers enrolled in the Homecare Choice Program based on the service plan. Providers are selected by the participant from the Oregon Home Care Commission's Registry. (5) Services available through the Homecare Choice Program include assistance with: (a) Activities of Daily Living (ADLs). (b) Instrumental Activities of Daily Living (IADLs). (c) Pet care. (d) Companionship. (e) Relief Care. (6) Assistance with tasks related to the following activities are not available through the Homecare Choice Program: (a) Case management. Case management means an ongoing process that includes: (A) Assessing a participant's service needs. (B) Evaluating the options and services required to meet the participant's needs. (C) Developing and implementing a service plan. (D) Coordinating services and referrals. (E) Conducting risk assessments. (F) Monitoring. (b) Chore services and yard work. (A) Chore services are services intended to ensure the individual's home is safe and allows for independent living. (B) Chore services include: (i) Heavy housecleaning; (ii) Removal of hazardous debris or dirt from the home or yard; and (iii) Moving heavy furniture. (c) Home adaptations or modifications. (d) Money management. (e) Moving. (f) Medical and nursing services. (g) Purchasing services and supplies, such as home delivered meals, emergency response systems, adaptive equipment, and personal protective equipment. Statutory/Other Authority: ORS 410.602 Statutes/Other Implemented: ORS 410.595-625 History: HCC 1-2016, f. 6-13-16, cert. ef. 6-20-16 HCC 1-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16
418-040-0050 Participant and Provider Employment Relationship (1) The relationship between a provider and a program participant is that of employee and employer. Participants are required to meet the employer responsibilities described in OAR 418-040-0020(1)(g)(A)–(H). (2) Homecare Choice providers are not state employees and are not entitled to state funded benefits, including participation in the Public Employees Retirement System or the Oregon Public Service Retirement Plan. (3) Participants must establish the terms of an employment relationship with a provider at the time of hire. (a) The terms of employment may include dismissal or resignation notice, work scheduling, absence reporting, and whether sleeping arrangements or meals are provided to employees. (b) A participant has the right to terminate an employment relationship with a provider at any time and for any reason. (4) Unless permission has been granted through the court, a participant's legal guardian may not be paid as the individual's Homecare Choice provider and serve as the employer. Statutory/Other Authority: ORS 410.602 Statutes/Other Implemented: ORS 410.595-625 History: HCC 1-2016, f. 6-13-16, cert. ef. 6-20-16 HCC 1-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16
418-040-0060 Homecare Choice Program Service Rate (1) The Commission shall establish the service rate charged to program participants for homecare services at a level expected to generate total revenue sufficient to reimburse up to 107 percent of the costs associated with the program. The rate equals the actual costs incurred plus seven percent of the cost of administering the program and may include, but is not limited to: (a) Homecare Choice Provider wages, taxes, and benefits: (A) Federal Unemployment Tax Act (FUTA); (B) State Unemployment Tax Authority (SUTA); (C) Workers' Compensation Assessment; (D) Health insurance; and (E) Paid time off. (b) Homecare Choice Program staff wages, taxes, and benefits: (A) Federal Unemployment Tax Act (FUTA); (B) State Unemployment Tax Authority (SUTA); (C) Public Employee's Retirement contribution; (D) Pension bond contribution; (E) Social security tax; (F) Workers' compensation assessment; (G) Mass transit tax; and (H) Flexible benefits. (c) Homecare Choice Program service and supply expenses: (A) Office expenses; (B) Publicity and publications; (C) Professional services; (D) Registry maintenance and expansion; (E) Legal fees; (F) Cost allocation fees; (G) Translation fees; (H) Americans with Disabilities Act (ADA) accommodation requests; (I) Credit card processing fees; (J) Fiscal intermediary administration fees; and (K) Workers' compensation premiums. (d) Any other activities undertaken to ensure: (A) The quality of Homecare Choice providers; (B) The adequacy of homecare services being provided; and (C) Costs of other administrative expenses associated with the program are covered. (2) The service payment rate is set forth in the participant enrollment agreement between the program and participant. Information about the rate shall be available from the Commission and posted online at www.oregon.gov/DHS/Seniors-Disabilities/HCC/Pages/Homecare-Choice-Program.aspx. (3) If additional revenue is needed to sufficiently cover program costs, the Commission reserves the right to modify the service rate at any time. To modify the service rate, the Commission will give 30-days advance written notice to program participants. (4) If the Commission determines adjusting the service rate will not generate sufficient revenue to pay the costs of the program, the Commission may suspend the program following 30-days advance written notice to participants and providers. If the program is suspended, the Commission shall report to the Legislative Assembly, no later than 30 days after the suspension begins. The report must include the following information: (a) The reason for the suspension; (b) Any costs incurred that exceed the revenue generated by program payments; and (c) Any additional costs during the remainder of the biennium that the suspension occurs in that are anticipated to exceed the revenue generated by program payments. Statutory/Other Authority: ORS 410.602 Statutes/Other Implemented: ORS 410.595-625 History: HCC 1-2016, f. 6-13-16, cert. ef. 6-20-16 HCC 1-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16
418-040-0070 Suspension or Reduction of Homecare Choice Program Referrals If the Commission, with the assistance of DHS, determines the available provider workforce is inadequate to meet the needs of those who qualify for Medicaid funded in-home services, the Commission may suspend or reduce the number of provider referrals under the Homecare Choice Program. Statutory/Other Authority: ORS 410.602 Statutes/Other Implemented: ORS 410.595-625 History: HCC 1-2016, f. 6-13-16, cert. ef. 6-20-16 HCC 1-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16
419-100-0000 Purpose and Scope (1) These rules, OAR chapter 419, division 100, prescribe standards and procedures for the investigation of reported abuse, and assessment for and provision of protective services for adults with developmental disabilities in community programs and facilities, and the nature and content of the abuse investigation and protective services report. (2) The Department’s Office of Training, Investigations and Safety (OTIS) has the duties, functions and powers of training, coordinating, assisting, directing and approving the services provided by the Community Developmental Disabilities Programs (CDDP) related to these rules. OTIS is responsible to ensure investigations are conducted in a uniform, objective and thorough manner. (3) For the purpose of carrying out these rules, Community Developmental Disabilities Programs (CDDP) are Department designees as used in ORS 430.731 and 430.735 through 430.765. (4) OTIS or CDDP shall receive all reports of alleged abuse, assess the need for protective services and conduct thorough and unbiased investigations to make findings as required by ORS 430.735 to 430.768 and these rules. (5) Minors, who are persons under the age of 18 years old and not considered emancipated, may not be named as an accused person in an abuse investigation conducted under these rules. (6) Alleged abuse of young adults who are 18 through 20 years old who are receiving 24-hour residential services from a facility licensed by the Department for children with developmental disabilities or certified as a child foster home, shall be immediately reported to the Department’s child abuse reporting hotline for possible action under other Department rules. (7) Complaints of alleged abuse of adults while: (a) A student of an educational provider and the accused person is a school employee, contractor, agent, or volunteer of the student’s educational provider shall be reported to OTIS for possible investigation under these rules; or (b) A patient at the Oregon State Hospital shall be reported to OTIS for possible action under OAR chapter 419, division 120. Statutory/Other Authority: ORS 409.050, 430.731 & 409.010 Statutes/Other Implemented: ORS 430.735–430.765, 443.400–443.465, 443.705–443.825, 443.875, 430.731, 430.662 & 430.768 History: OTIS 79-2023, minor correction filed 12/01/2023, effective 12/01/2023 DHS 7-2023, renumbered from 407-045-0250, filed 12/01/2023, effective 12/01/2023 DHSD 8-2020, minor correction filed 09/03/2020, effective 09/03/2020 DHSD 33-2019, amend filed 12/30/2019, effective 01/01/2020 DHSD 11-2019, amend filed 08/01/2019, effective 08/01/2019 DHSD 4-2019, temporary amend filed 03/01/2019, effective 03/01/2019 through 08/27/2019 DHSD 25-2018, amend filed 08/27/2018, effective 08/27/2018 DHSD 3-2018, temporary amend filed 02/27/2018, effective 03/01/2018 through 08/27/2018 DHSD 9-2011, f. 12-1-11, cert. ef. 12-5-11 DHSD 4-2010, f. & cert. ef. 6-29-10 DHSD 3-2009, f. & cert. ef. 5-1-09 Renumbered from 410-009-0050, DHSD 5-2007, f. 6-29-07, cert. ef. 7-1-07 Renumbered from 309-040-0200, OMAP 87-2004, f. 11-10-04, cert. ef. 12-1-04 MHD 5-1994, f. 8-22-94 & cert. ef. 9-1-94