418-040-0010 Definitions (1) "Abuse" means "abuse" as defined in OAR 407-045-0260, 411-020-0002, 413-015-0115, and OAR 943-045-0250. (2) "Active" means a homecare or personal support worker has a current provider number and has worked and been paid with public funds in any of the past 12 months as a homecare or personal support worker. (3) "Activities of Daily Living (ADLs)" means daily self-care activities such as eating and feeding, dressing, grooming, bathing, personal hygiene, mobility and movement, toileting and elimination, cognitive and emotional support, and communication. (4) "Background Check" means a criminal records and abuse check conducted in accordance with OAR chapter 407, division 007. (5) "Chargeback" means a reversal of a credit card charge after an individual successfully disputes a program charge on his or her credit card. (6) "Commission" means the Oregon Home Care Commission established and operated pursuant to Article XV, Section 11, of the Oregon Constitution and ORS 410.595 to 410.625. (7) "Communication" means assistance that enables an individual to communicate with another person. (8) "Companionship" means engaging a participant in social, physical, and mental activities and includes, but is not limited to, conversation, reading, games, hobbies, crafts, and accompanying the participant during social activities and outings. Companionship also means being present to monitor safety and well-being or to protect an individual who requires assistance in caring for him or herself. (9) "Continuing Education" means specific minimum education requirements defined by the Commission. (10) "Credit Card Refund" means a refund of an unused account balance that is credited to the same credit card that originated the payment. (11) "Department" means the Department of Human Services (DHS). (12) "Enrollment Agreement" means the program-specific document an individual must complete to be approved to participate in the Homecare Choice Program. (13) "FICA" is the acronym for the Social Security payroll taxes collected under authority of the Federal Insurance Contributions Act. (14) "Fiscal Improprieties" means a provider committed financial misconduct involving a participant's money, property, or benefits. Fiscal improprieties include, but are not limited to: (a) Financial exploitation, as defined in OAR 407-045-0260 and OAR 411-020-0002; (b) Borrowing money from the participant; (c) Taking a participant's property or money; (d) Having a participant purchase items for the provider; (e) Forging a participant's signature; (f) Falsifying payment records; (g) Claiming payment for hours not worked; or (h) Other similar acts intentionally committed for financial gain. (15) "Fiscal Intermediary" means an entity that provides fiscal intermediary services that support all programmatic, policy, and financial aspects of the Homecare Choice Program. Fiscal Intermediary services include, but are not limited to, enrollment functions, processing payroll, and paying state and federal taxes on behalf of participants. (16) "FUTA" is the acronym for Federal Unemployment Tax Assessment, which is a United States payroll (or employment) tax imposed by the federal government on both employees and employers. (17) "Guardian" means the parent of an individual less than 18 years of age or a person who has been appointed by a court to make personal, health, or other decisions for a functionally incapacitated individual under ORS chapter 125. (18) "Homecare Choice Provider" means a person who has met the enrollment standards described in OAR 418-040-0040(1)(a)(A)–(N) and is authorized to provide services to program participants. (19) "Homecare Worker" means a homecare worker as defined in OAR 411-031-0020. (20) "Imminent Danger" means there is reasonable cause to believe an individual's life or physical, emotional, or financial well-being is in danger if an intervention is not immediately initiated. (21) "Individual" means a person enrolled as a participant in the Homecare Choice Program. The term "individual" is synonymous with "consumer-employer" and "participant." (22) "Instrumental Activities of Daily Living" means self-management activities, other than activities of daily living, required by an individual to live independently at home and includes housekeeping, laundry, meal preparation, shopping and errands, transportation, medication assistance, medication reminding, assistance with oxygen, and arranging for medical appointments. (23) "Medication Assistance" means helping a participant with one or more steps in the process of taking medication including, but not limited to, opening medications containers, helping the participant self-administer his or her own medications, and assisting the participant with one or more steps of medication administration at the participant's direction. (24) "Medication Reminding" means providing a participant with an audio, visual, or verbal reminder to take his or her medications when a participant is able to direct services. (25) "Non-Sufficient Fund Fee" means the charge an individual pays if a payment check is denied or is unable to be processed by the individual's banking institution due to lack of sufficient funds to pay the check. (26) "OHA" means the Oregon Health Authority. (27) "Orientation" means an introduction to the Homecare Choice Program and a review of basic expectations and requirements for Homecare Choice providers. (28) "Payment Method" means the financial instrument used to pay for services. (29) "Personal Support Worker" means a personal support worker as defined in OAR 410-172-0190 and 411-375-0010. (30) "Prepayment" means the advance payment of two weeks of service hours multiplied by the service rate. (31) "Program" means the Homecare Choice Program governed by these rules and administered by the Oregon Home Care Commission. (32) "Program Service Rate" means the hourly rate for homecare services established by the Home Care Commission and charged to Homecare Choice Program participants. (33) "Provider" means Homecare Choice provider as defined in these rules. (34) "Provider Number" means an identifying number issued to each homecare and personal support worker enrolled as a provider through DHS or OHA. (35) "Readiness Assessment" means a tool used to evaluate whether a provider can demonstrate understanding of basic skills and processes determined to be foundational concepts needed to work successfully with participants. (36) "Refund" means a return of the unused balance of a participant's prepayment. (37) "Registry" means the Commission's online listing of Homecare Choice providers who are available to work. (38) "Relief Care" means the temporary provision of services with the primary purpose of relieving the individual's caregiver. (39) "Representative" means a person designated by a participant, or the participant's legal guardian, who is authorized to assist with the program enrollment process, fulfilling consumer-employer responsibilities, and directing homecare services. (40) "Self-Assessment" means an assessment tool completed by a Homecare Choice Program participant, or the representative of a participant, to evaluate the capacity and willingness of the participant or the participant's representative, to effectively manage and direct homecare services provided to the participant and to fulfill consumer-employer responsibilities. The self-assessment identifies the participant's need for the specific services that are included in the participant's service plan. (41) "Service Period" means the 14 consecutive days of each provider pay period. (42) "Service Plan" means a written document that details a participant's self-identified service needs. (43) "SUTA" is the acronym for State Unemployment Tax Assessment. State unemployment taxes are paid by employers to finance the unemployment benefit system that exists in each state. (44) "These Rules" mean the rules in OAR chapter 418, division 040. (45) "Unacceptable Background Check" means a check that produces information related to the person's background that precludes the person from being a provider in the Homecare Choice Program for the following reasons: (a) The person applying to be a provider has been disqualified under OAR 407-007-0275; (b) A background check and fitness determination has been conducted resulting in a "denied" status as defined in OAR 407-007-0210; or (c) A background check and fitness determination has been conducted resulting in an "approved with restrictions" status as defined in OAR 407-007-0210. (46) "Work week" means the period of time that begins on 12:00 a.m. on Sunday and ends on 11:59 p.m. Saturday. 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