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Stat. Auth.:ORS410.602 Stats. Implemented:ORS183.325, 410.602 Hist.: Hcc 1-2014, F. 11-26-14, Cert. Ef. 12-1-14


Published: 2015

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The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF HUMAN SERVICES, HOME CARE COMMISSION




 

DIVISION 10
PURPOSE AND RULEMAKING
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.
Stat. Auth.: ORS 410.602
Stats. Implemented: ORS 410.602
Hist.: 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.
Stat. Auth.: ORS 183.341, 410.602
Stats. Implemented: ORS 183.341,
410.602
Hist.: HCC 1-2014, f. 11-26-14,
cert. ef. 12-1-14
418-010-0030
Notice of Proposed Rulemaking and
Adoption of Temporary Rules
(1) Except as provided in ORS 183.335(7),
(12), or 183.341, before permanently adopting, amending, or repealing an administrative
rule, the Commission shall give notice of the intended action:
(a) To legislators specified
in ORS 183.335(15) at least 49 days before the effective date of the rule;
(b) To Individuals in the
interested parties lists described in section (2) of this rule for the pertinent
OAR chapter or pertinent subtopics or programs within an OAR chapter at least 28
days before the effective date of the rule;
(c) In the Secretary of State's
Bulletin referred to in ORS 183.360 at least 21 days before the effective date of
the rule;
(d) To other individuals,
agencies, or organizations the Commission is required to provide an opportunity
to comment pursuant to state statute or federal law or as a requirement of receiving
federal funding, at least 28 days before the effective date of the rule;
(e) To the Associated Press
and the Capitol Press Room at least 28 days before the effective date of the rule;
and
(f) In addition to the above,
the Commission may send notice of intended action to other individuals, agencies,
or organizations the Commission, in its discretion, believes to have an interest
in the subject matter of the proposed rule at least 28 days before the effective
date of the rule.
(2) Pursuant to ORS 183.335(8),
the Commission shall maintain an interested parties list for each OAR chapter of
rules for which the Commission has administrative responsibility, and an interested
parties list for subtopics or programs within those chapters. An individual, group,
or entity that desires to be placed on such a list to receive notices regarding
proposed permanent adoption, amendment, or repeal of a rule must make such a request
in writing or by electronic mail to the rules coordinator for the chapter. The request
must include either a mailing address or an electronic mail address to which notices
may be sent, if requested.
(3) Notices under this rule
may be sent by use of hand delivery, state shuttle, postal mail, electronic mail,
or facsimile. The Commission recognizes state shuttle as mail and may use this means
to notify other state agencies. An email notification under section (1) of this
rule may consist of any of the following:
(a) An email that attaches
the Notice of Proposed Rulemaking or Notice of Proposed Rulemaking Hearing and Statement
of Need and Fiscal Impact.
(b) An email that includes
a link within the body of the email, allowing direct access online to the Notice
of Proposed Rulemaking or Notice of Proposed Rulemaking Hearing and Statement of
Need and Fiscal Impact.
(c) An email with specific
instructions within the body of the email, usually including an electronic Universal
Resource Locator (URL) address, to find the Notice of Proposed Rulemaking or Notice
of Proposed Rulemaking Hearing and Statement of Need and Fiscal Impact.
(d) The Commission may use
facsimile as an added means of notification, if necessary. Notification by facsimile
under section (1) of this rule shall include the Notice of Proposed Rulemaking or
Notice of Proposed Rulemaking Hearing and Statement of Need and Fiscal Impact, or
specific instructions to locate these documents online.
(e) The Commission shall
honor all written requests that notification be sent by postal mail instead of electronically
if a mailing address is provided.
(4) If the Commission adopts
or suspends a temporary rule, the Commission shall notify:
(a) Legislators specified
in ORS 183.335(15);
(b) Individuals on the interested
parties list described in section (2) of this rule for the pertinent OAR chapter
or pertinent subtopics or programs within an OAR chapter;
(c) Other individuals, agencies,
or organizations the Commission is required to notify pursuant to state statute
or federal law or as a requirement of receiving federal funding;
(d) The Associated Press
and the Capitol Press Room;
(e) In addition to the above,
the Commission may send notice to other persons, agencies, or organizations the
Commission, in its discretion, believes to have an interest in the subject matter
of the temporary rulemaking; and
(f) In lieu of providing
a copy of the rule or rules as proposed with the notice of intended action or notice
concerning the adoption of a temporary rule, the Commission may state how and where
a copy may be obtained on paper, by electronic mail, or from a specified web site.
Stat. Auth.: ORS 410.602
Stats. Implemented: ORS 183.330,
183.335, 183.341, 410.602
Hist.: 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.
Stat. Auth.: ORS 410.602
Stats. Implemented: ORS 183.325,
410.602
Hist.: HCC 1-2014, f. 11-26-14,
cert. ef. 12-1-14




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