Stat. Auth.:ORS410.602 Stats. ImplementedORS410.606, 410.625, 656.039 Hist.: Hcc 1-2014, F. 11-26-14, Cert. Ef. 12-1-14

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_400/oar_418/418_020.html
Published: 2015

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

 

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DEPARTMENT OF HUMAN SERVICES, HOME CARE COMMISSION




 

DIVISION 20
OREGON HOME CARE COMMISSION
FUNCTIONS
418-020-0010
Definitions
(1) "Active" means an active homecare
or personal support worker who has a current provider number; has worked and been
paid with public funds in any of the past 12 months as a homecare or personal support
worker; has a current credential and has met orientation requirements of program
for which the worker is enrolled.
(2) "Area Agency on Aging"
means the designated entity with which DHS contracts to meet the requirements of
the Older Americans Act and ORS Chapter 410 in planning and providing services to
seniors and individuals with a disability for a designated planning and service
area.
(3) "Background Check" means
a criminal records check and appropriate abuse check conducted in accordance with
OAR chapter 407, division 7.
(4) "Case Manager" means
an employee of a service delivery office who is responsible for determining service
eligibility, offering services choices to eligible individuals, developing a plan
of authorized services, and monitoring the effectiveness of services and supports.
This term includes services coordinator and personal agent.
(5) "Collective Bargaining
Agreement" or "CBA" means the Collective Bargaining Agreement between the Oregon
Home Care Commission and the Service Employees International Union, Local 503.
(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) "Commissioner" means
one of the nine members of the Home Care Commission appointed by the Governor and
confirmed by the Senate as provided in ORS 171.562 and 171.565. Five members are
either seniors or individuals with disabilities who are receiving or who have received
homecare services. One member is appointed to represent each of the following entities,
or a successor entity, for as long as a comparable entity exists:
(a) Governor’s Commission
on Senior Services;
(b) Department of Human Services;
(c) Oregon Disabilities Commission;
and
(d) Oregon Association of
Area Agencies on Aging and Disabilities.
(8) "Community Health Worker"
means an individual, as defined in ORS 414.025, who assists members of the community
to improve their health and increases the capacity of the community to meet the
health care needs of its residents and achieve wellness.
(9) "Consumer" or "Consumer-Employer"
means an individual eligible for in-home and community based services.
(10) "Consumer-Employer Training
Services" means activities to empower and inform consumer-employers or representatives
of consumer-employers regarding their rights, role, and responsibilities as employers
of homecare or personal support workers, as described in OAR chapter 411, division
35. The consumer-employer training services programs are known as STEPS to Success
with Homecare Workers and STEPS to Success with Personal Support Workers.
(11) "Consumer Representative"
means an individual assigned by a consumer or designated by a consumer’s legal
representative to act as the consumer’s decision maker in matters pertaining
to planning and implementing an in-home service plan or individual support plan.
(12) "Continuing Education"
means specific minimum education requirements, defined by the Commission, which
workers must complete to be referred on the Registry.
(13) "Credential" means time-limited
approval by DHS or OHA for an individual to provide services as a homecare or personal
support worker, which includes a begin date, designated by a service delivery office,
no earlier than the individual’s most recent background check and an end date
no later than 24 months from the homecare or personal support worker’s most
recent background check.
(14) "Cultural Competence"
is a set of congruent behaviors, attitudes, and policies that come together in a
system, agency, or among professionals to enable effective work in cross-cultural
situations.
(15) "DHS" means the Oregon
Department of Human Services.
(16) "Enrollment and Application
Packet" means the program-specific documents an individual must complete to be approved
to provide services as a homecare worker or personal support worker.
(17) "Employment Agreement"
means an agreement between a consumer-employer or consumer representative and a
homecare or personal support worker, which defines workplace rules and expectations.
(18) "Enhanced Homecare Worker"
means a homecare worker, as defined in this rule, who is certified by the Commission
to provide services for consumers who require medically driven services and supports
as defined and assessed by DHS.
(19) "Enhanced Personal Support
Worker" means a personal support worker, as defined in this rule, who is certified
by the Commission to provide services for consumers who require advanced medical-
or behavioral-driven services and supports as defined and assessed by DHS by a functional
needs assessment tool.
(20) "Exceptional Personal
Support Worker" means a personal support worker, as defined in this rule, who is
certified by the Commission to provide services for consumers who require extensive
medical- or behavioral-driven services and supports, beyond the enhanced services
provided by an enhanced personal support worker, as assessed by a functional needs
assessment tool; and whose service needs also require staff to be awake more than
twenty hours in a twenty-four hour period.
(21) "Functional Needs Assessment"
means a comprehensive assessment tool that documents physical, mental and social
functioning and risk factors; choices and preferences; service and support needs;
and strengths and goals.
(22) "Grievance" means a
formal allegation of acts, omissions, applications, or interpretations that are
believed to be violations of the terms or conditions of the Collective Bargaining
Agreement.
(23) "Homecare Worker" means
a provider, as described in OAR chapter 411, division 31, who is directly employed
by a consumer to provide either hourly or live-in services for the consumer. The
term homecare worker includes:
(a) Providers in the:
(A) Consumer-Employed Provider
Program;
(B) Spousal Pay Program;
(C) State Plan Personal Care
Program for seniors and individuals with physical disabilities; and
(D) The Oregon Project Independence
Program.
(b) The term "homecare worker"
does not include workers employed by an in-home agency.
(24) "Independent Choices
Program" means the program described in OAR chapter 411, division 30, which is a
self-directed in-home services program in which a participant is given a cash benefit
to purchase goods and services, which are identified in the participant's service
plan and prior approved by DHS or an Area Agency on Aging.
(25) "Individual" means an
older adult or an adult with a disability applying for or eligible for services.
The term “individual” is synonymous with “client” and "consumer".
(26) "Individual Support
Plan" or "ISP" means the plan defined in OAR chapter 411, division 375, which includes
written details of the supports, activities, and resources required for an individual
with intellectual or developmental disabilities to achieve and maintain personal
goals and health and safety.
(27) "Live-In Services" means
those services, as defined in OAR chapter 411, division 030, which are provided
for a senior or an individual with a physical disability who requires 24-hour availability
for activities of daily living and self-management tasks.
(28) "OHA" means the Oregon
Health Authority.
(29) "Oregon Intervention
System" or "OIS" means a system of training to people who work with designated individuals
to provide elements of positive behavioral support and non-aversive behavioral intervention.
(30) "Orientation" means
an introduction to in-home programs and basic expectations for homecare or personal
support workers, which is arranged through a service delivery office, in accordance
with these rules.
(31) "Personal Health Navigator"
means an individual, as defined in ORS 414.025, who provides information, assistance,
tools and support to enable a consumer to make the best health care decisions in
the consumer’s particular circumstances and in light of the consumer’s
needs, lifestyle, combination of conditions, and desired outcomes.
(32) "Personal Support Worker"
means a person, as defined in ORS 410.600:
(a) Who is hired by an individual
with a developmental disability or mental illness or a parent or guardian of an
individual with a developmental disability or mental illness;
(b) Who receives monies from
DHS or OHA for the purpose of providing services for the individual with a developmental
disability or mental illness; or
(c) Who provides services
through the Independent Choices Program for a senior or an individual with a physical
disability; and
(d) Whose compensation is
provided in whole or in part through DHS or OHA, a support services brokerage or
other public agency; and who provides services in the home or community.
(e) All other personal support
workers, including provider organizations and supervisors, and those who perform
solely volunteer personal services-related tasks are excluded from this definition.
(33) "Professional Development
Recognition" means the recognition by the Commission of homecare and personal support
workers who are continuing their education and have met Commission training requirements
for recognition.
(34) "Program" means a program
governed by Oregon Administrative Rules and administered by DHS or OHA, which authorizes
home and community services to be provided through public funding.
(35) "Provider" means a homecare
or personal support worker who is eligible to be hired by a consumer-employer or
a consumer representative to provide in-home or community services authorized in
the consumer’s service plan.
(36) "Provider Number" means
an identifying number issued to each homecare and personal support worker who is
enrolled as a provider through DHS or OHA.
(37) "Registry" means the
Commission’s online listing of homecare and personal support workers who are
available for work. The primary function of the Registry is to provide consumer
choice by generating a list of homecare or personal support workers whose qualifications
most closely match requirements entered in an individual consumer-employer profile.
(38) "Relief Worker" means
a homecare or personal support worker who provides services in place of a homecare
or personal support worker who is unavailable. This term is synonymous with "substitute
worker".
(39) "Respite Worker" means
a homecare or personal support worker who provides services in place of a family
caregiver or other member of a consumer’s natural support system who typically
provides unpaid services. The term respite may also refer to a substitute for a
live-in homecare worker.
(40) "Restricted Provider
Number" means a number assigned by DHS to a homecare or personal support worker
who is only approved to provide services for a specific consumer.
(41) "Service Delivery Office"
means a DHS or OHA office, Area Agency on Aging, Community Developmental Disability
Program, Support Services Brokerage or Community Mental Health Program office that
is responsible for case management and authorization of publicly funded services
provided by homecare or personal support workers.
(42) "Service Plan" means
a written plan of authorized in-home and community services, developed in accordance
with DHS or OHA rules and policies or an Individual Support Plan.
(43) "State Plan Personal
Care Services" means the assistance with personal care and supportive services described
in OAR chapter 411, division 34, provided for an individual by a homecare or personal
support worker.
(44) "Stipend" means a predetermined
amount of money granted to a homecare or personal support worker to attend Commission
training, in accordance with Commission requirements.
(45) "Substitute Worker"
means "Relief Worker".
(46) "Worker" means a "Homecare
Worker" or "Personal Support Worker".
Stat. Auth.: ORS 410.602
Stats. Implemented: ORS 410.600,
410.603, 410.605, 410.606, 410.608, 410.612
Hist.: HCC 1-2014, f. 11-26-14,
cert. ef. 12-1-14
418-020-0020
Qualifications for Homecare and
Personal Support Workers
(1) Homecare Worker Minimum Qualifications:
(a) Submit completed application
and enrollment packet to a service delivery office;
(b) Pass a DHS background
check and cooperate with a recheck every two years or when requested;
(c) Be capable of performing
essential functions to safely provide necessary services or be capable of learning
essential functions to safely provide necessary services;
(d) Meet in-home program
specific guidelines;
(e) Be 18 years of age or
older. Age exceptions may be made by DHS on a case-by-case basis for family members
at least 16 years of age; and
(f) Within 30 days of receiving
a provider number, attend an orientation that utilizes materials provided or approved
by the Commission.
(A) When completion of an
orientation is not available at a local service delivery office within 30 days,
orientation must be completed within 90 days of enrollment.
(B) If a homecare worker
fails to complete an orientation within 90 days of provider enrollment, the homecare
worker's provider number will be inactivated and any authorization for service payment
will be discontinued, in accordance with OAR chapter 411, division 31.
(C) Homecare workers must
attend a live-in service orientation before being hired to provide live-in services.
(2) Personal Support Worker
Minimum Qualifications:
(a) Submit completed application
and enrollment packet;
(b) Pass a DHS or OHA background
check and cooperate with a recheck when requested;
(c) Be capable of performing
essential functions to safely provide necessary services or be capable of learning
essential functions to safely provide necessary services;
(d) Be 18 years of age or
older; and
(e) Meet program specific
guidelines; including attending an orientation within 90 days of receiving a provider
number.
(3) Homecare and Personal
Support Worker Orientation. Service delivery offices providing homecare or personal
support worker orientation must:
(a) Offer orientation frequently
enough that new homecare or personal support workers meet program timelines for
completing orientation; and
(b) Use presentation and
materials created by or approved by the Commission and DHS or OHA.
(c) Make every attempt to
provide orientation in a culturally-appropriate manner, including:
(A) Attempt to convey the
availability of translation and interpreter services in the six languages, besides
English, most commonly spoken by consumers in the office’s service delivery
area.
(B) Attempt to provide written
materials and an interpreter fluent in the workers’ primary language if three
or more speakers of that language will be in attendance; and
(C) Attempt to provide an
interpreter fluent in the workers’ primary language if one or two speakers
of that language will be in attendance.
(d) Provide reasonable accommodations
for homecare or personal support workers who experience disability, in accordance
with Title II of the Americans with Disabilities Act.
(e) Allow the Union to make
presentations to potential members at orientations, at a mutually agreeable time,
in accordance with the current collective bargaining agreement.
(4) Workplace Substance Abuse
Policy:
The Commission encourages
homecare and personal support workers and consumer-employers to voluntarily seek
help with drug and alcohol dependence and provides information and referral on request.
(a) The Commission is committed
to protecting the safety, health, and well-being of consumers of in-home services
and homecare and personal support workers, through establishing a workplace substance
abuse policy.
(b) This policy recognizes
that substance abuse by homecare or personal support workers, consumers, family
members or others in consumers’ homes is disruptive, adversely affect the
quality of in-home services, and pose serious health risks to users and others.
(c) This policy recognizes
that workers’ abuse of alcohol and other drugs during non-working hours may
affect their ability to provide quality in-home services.
(d) Workers are expected
to report to work unimpaired and fit for duty.
(A) If the use of a prescribed
or over-the-counter medication may compromise the safety of a worker, a consumer-employer,
or the public, it is the worker’s responsibility to use appropriate personnel
procedures such as calling in sick and notifying the consumer-employer and case
manager to avoid unsafe workplace practices.
(B) It is a violation of
the Commission’s substance abuse policy for a worker to intentionally misuse
or abuse prescription or over-the-counter medications. Appropriate action will be
taken if job performance declines or if accidents occur, in accordance with DHS
or OHA rules.
(e) It is a violation of
the Commission’s substance abuse policy for a worker to use, possess, sell,
trade, manufacture, or offer for sale illegal drugs or intoxicants in the workplace.
(f) A worker who is convicted
of any criminal drug or alcohol violation in the workplace or during non-working
hours must notify the service delivery office in writing within five calendar days
of the conviction. The service delivery office will take appropriate action in accordance
with DHS or OHA rules.
(g) DHS case managers authorize
services in settings that do not jeopardize the health and safety of providers,
in accordance with OAR chapter 411, division 30.
Stat. Auth.: ORS 410.602
Stats. Implemented: ORS 410.603,
410.604
Hist.: HCC 1-2014, f. 11-26-14,
cert. ef. 12-1-14
418-020-0030
Homecare and Personal Support Worker
Training
(1) Training is offered by the Commission
to homecare and personal support workers statewide to enhance worker skills and
the quality of in-home and community services provided for consumer-employers.
(a) Training is provided
without charge to homecare and personal support workers, consumer-employers, consumer-representatives,
and appropriate service delivery staff.
(b) Stipends for actual hours
in attendance at Commission-sponsored classes may be available to homecare and personal
support workers who have provided publicly funded services in any of the three months
before training or during the month of the training.
(A) The Commission determines
the amount of a stipend and may provide a stipend for each eligible class only once
per year.
(B) The Commission determines
which classes are approved for stipends for homecare and personal support workers.
(2) Public Availability of
Training. When classes are not filled, members of the public may attend, after registering
and paying training fees determined by the Commission. Members of the public will
not be eligible for stipends.
(3) Certifications for Homecare
and Personal Support Workers.
(a) Cardio Pulmonary Resuscitation
(CPR) and First Aid Certification:
(A) The Commission pays for
active homecare and personal support workers, who meet the qualifications established
by the Commission, to take First Aid training and adult CPR; and, if providing services
to children, child CPR.
(B) Homecare and personal
support workers must request payment in writing to the Commission before taking
CPR and First Aid training.
(C) The Commission does not
reimburse homecare or personal support workers who have paid for CPR and First Aid
classes.
(b) Professional Development
Recognition. The Commission awards Professional Development Recognition to homecare
and personal support workers who have:
(A) Completed 20 hours of
core, safety and skills training classes;
(B) Current CPR and First
Aid certification; and
(C) An acceptable attendance
record is one in which an individual homecare does not have a no show rate greater
than 30 percent at Commission classes. This is defined by the Commission and published
in monthly training newsletters and on the Professional Development Recognition
web page. The application is located at: http://www.oregon.gov/dhs/spd/adv/hcc/docs/pro-dev.pdf.
(c) Enhanced Homecare Worker
Certification.
(A) To be certified as an
enhanced homecare worker, a homecare worker must:
(i) Have an active, unrestricted
provider number;
(ii) Have current CPR and
First Aid Certification;
(iii) Complete a written
application;
(iv) Demonstrate knowledge
of core concepts as measured by a readiness assessment; and
(v) If accepted, successfully
complete enhanced homecare worker coursework and assessments.
(B) Enhanced homecare workers
are eligible for an enhanced hourly or enhanced live-in service payment rate only
when providing services for a consumer-employer assessed by DHS as having enhanced
needs.
(C)For ongoing enhanced homecare
worker certification, a homecare worker must:
(i) Maintain an active homecare
worker credential, CPR and First Aid certification.
(ii) Complete requirements
for recertification before the end of each two–year credential period.
(d) Enhanced Personal Support
Worker Certification.
(A) To be certified as an
enhanced personal support worker, a personal support worker must:
(i) Have an active unrestricted
provider number;
(ii) Have current CPR and
First Aid Certification;
(iii) Complete a written
application;
(iv) Demonstrate knowledge
of core concepts as measured by a readiness assessment; and
(v) If accepted, successfully
complete Enhanced Personal Support Worker coursework and assessments.
(B) Enhanced personal support
workers are eligible for an enhanced hourly or enhanced live-in service payment
rate only when providing services for a consumer-employer assessed by DHS as having
enhanced needs.
(C) For ongoing enhanced
personal support worker certification, a personal support worker must:
(i) Maintain an active personal
support worker credential, CPR and First Aid certification.
(ii) Complete requirements
for recertification before the end of each two-year credential period.
(e) Exceptional Personal
Support Worker Certification:
(A) To be certified as an
exceptional personal support worker, a personal support worker must complete:
(i) Enhanced personal support
worker certification;
(ii) A written application;
(iii) Oregon Intervention
System general or parent level certification as appropriate; and
(iv) If accepted, 10 —
12 hours of coursework and pass course assessments.
(B) For ongoing exceptional
personal support worker certification a personal support worker must:
(i) Maintain an active personal
support worker credential; CPR and First Aid; and Oregon Intervention System certifications.
(ii) Complete requirements
for recertification before the end of each two-year credential period.
(C) Exceptional personal
support workers are eligible for an exceptional service payment rate only when providing
services for a consumer-employer assessed by DHS as having exceptional needs.
Stat. Auth.: ORS 410.602
Stats. Implemented: ORS 410.604,
410.625
Hist.: 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 and consumer representatives on how to select, manage,
and dismiss homecare and personal support workers. These services may be referred
to as STEPS to Success with Homecare Workers, STEPS to Success with Personal Support
Workers, or generically as STEPS services.
(1) Providers of STEPS services
are approved by or under contract with the Commission.
(2) Services are designed
to meet consumer-employer needs and are provided in a culturally competent manner.
Providers offer a continuum of services based on individual needs and preferences,
on topics including but not limited to:
(a) Understanding the service
plan and specific tasks authorized by the consumer’s case manager;
(b) Creating job descriptions,
locating workers, interviewing, completing reference checks, and hiring a homecare
or personal support worker;
(c) Creating an employment
agreement;
(d) Training, supervising
and communicating effectively with workers;
(e) Ensuring work is performed
satisfactorily;
(f) Correcting unsatisfactory
work performance and discharging unsatisfactory workers;
(g) Scheduling and tracking
hours worked and maintaining employment records;
(h) Developing a backup plan
for coverage of services; and
(i) Preventing and reporting
fraud and abuse.
(3) STEPS services must be
provided in a timely manner.
(a) Consumers must be contacted
within five working days of referral.
(b) A planning interview
for STEPS services must be conducted with consumers or representatives within 10
business days of referral, unless a consumer requests a later date.
(c) Individualized consumer
services must begin within 10 business days of the planning interview, unless a
consumer or consumer representative requests a later date.
Stat. Auth.: ORS 410.602
Stats. Implemented: ORS 410.603,
410.604
Hist.: HCC 1-2014, f. 11-26-14,
cert. ef. 12-1-14
418-020-0050
Registry
The Commission maintains an online Registry
of qualified homecare and personal support workers to provide routine, emergency,
and substitute referrals to consumer-employers.
(1) DHS and OHA responsibilities:
(a) DHS and OHA shall collect
for each homecare worker or personal support worker:
(A) Name, address, and phone
number or numbers and where available, email address;
(B) The program or programs
under which the worker is approved to provide services;
(C) The provider number;
(D) Begin and end dates of
credential period;
(E) Date of most recent background
check;
(F) Restricted or unrestricted
status; and
(G) Other information as
requested.
(b) In accordance with interagency
agreements, DHS and OHA will:
(A) Provide continuing technical
support, including electronic system changes needed by the Commission to ensure:
(i) Receipt of information
from state electronic provider data management systems and any fiscal intermediaries
providing consumer and provider information necessary for Registry matching functions;
and
(ii) Accuracy of data downloaded
real-time or on a daily basis.
(B) Provide technical support,
including system changes to ensure security rights information transferred to the
Commission’s Registry from current or future electronic systems are accurate
and maintained.
(C) Continue to provide information
needed by the Commission’s Registry when any updates and changes to current
electronic servers and systems are implemented.
(2) Service Delivery Office
Responsibilities. Staff must enter into the Registry within five business days of
the information becoming available:
(a) The date and location
of each completed homecare worker or personal support worker orientation.
(b) The expiration dates
of CPR and First Aid certification for homecare or personal support workers who
present original documents at the service delivery office.
(3) Service Delivery Staff
Use of Registry. DHS and OHA Service Delivery office staff will use the Registry
exclusively to refer homecare or personal support workers to consumer-employers:
(a) When a consumer-employer
or consumer representative requests names of homecare or personal support workers,
an individual employer profile must be created and used for generating a Registry
list of homecare or personal support workers who best match the consumer’s
profile.
(A) Service delivery staff
must not create generic lists for distribution to multiple consumer-employers.
(B) Service delivery staff
must not recommend specific homecare or personal support workers to consumer-employers
or serve as employment references for such workers.
(b) Service delivery staff
must refer consumer-employers or consumer representatives needing assistance with
the Registry or those otherwise needing assistance locating homecare or personal
support workers to the Commission Registry support or to the STEPS consumer training
services program.
(4) Referral Requirements.
For a homecare or personal support worker’s name to appear on a Registry referral
list, a homecare or personal support worker must:
(a) Have an active, unrestricted
provider number;
(b) Be seeking employment;
(c) Authorize release of
information by selecting this option on the Registry or in writing to the appropriate
service delivery office;
(d) Maintain a complete,
accurate profile;
(e) Have a valid telephone
number and email address, if available. If a homecare or personal support worker
does not have a working telephone number in the Registry, he or she will not be
available for referral in the Registry and will be notified by the Commission via
U.S. Mail or email;
(f) Update profile information
at least every 30 days;
(g) Update changes including
availability, telephone number, or other profile information when such changes occur;
and
(h) Meet Commission annual
continuing education requirements.
(5) Appropriate Use. The
purpose of the Registry is for individual consumer-employers, persons authorized
to act on behalf of consumers, or individuals hiring in-home workers privately,
to find qualified homecare or personal support workers.
(6) Inappropriate Employer
Use. Employer profiles or help wanted advertisements placed for purposes other than
for individual searches as described in this rule are not authorized.
(7) Inappropriate Use by
Homecare and Personal Support Workers. Homecare and personal support workers may
not use the Registry for purposes other than its intended use. Homecare and personal
support workers may not:
(a) Use the Registry to refer
other homecare or personal support workers or contact other homecare or personal
support workers;
(b) Use the Commission’s
name on business cards or other promotional materials;
(c) Represent themselves
in print, electronic or social media as employees of the Commission, DHS, OHA, or
any service delivery office.
(8) Violations of OAR 418-020-0050
by homecare or personal support workers will be investigated by the Commission.
(a) Sanctions may be imposed
for non-compliance with these rules. Depending on severity and recurrence of violation,
a sanction may include one or more of the following actions:
(A) Written warning;
(B) Suspension of availability
for Registry referral for a prescribed period;
(C) Suspension of availability
for Registry referral until conditions for suspension are corrected; or
(D) Training requirements.
(b) Depending on the severity
of allegations of misconduct or inappropriate use, the Commission may suspend availability
for referral during investigation.
(c) Notice of Sanction. If
the Commission imposes a sanction, the Commission shall attempt to serve a notice
of sanction upon the homecare or personal support worker by regular mail based on
the last contact information provided by the worker, or, if requested by the recipient
of the notice, by electronic mail. The Notice of Sanction will comply with OAR chapter
137, division 3 and OAR chapter 411, division 1, as applicable.
Stat. Auth.: ORS 410.602
Stats. Implemented: ORS 410.603,
410.604, 410.606
Hist.: 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 homecare and personal
support workers.
(2) Consumer-employers and
consumer representatives must:
(a) Sign required documents
for homecare or personal support worker to receive workers’ compensation coverage;
(b) Report homecare or personal
support worker injuries to the Commission as soon as becoming aware of worker injury;
and
(c) Provide information to
the Commission and workers’ compensation carrier when workers report injury.
(3) Service delivery office
staff will:
(a) Collect from each consumer-employer,
at time of eligibility for services, appropriate signed workers’ compensation
documents;
(b) Report injuries immediately
to the Commission; and
(c) Respond to requests for
information from the Commission and workers’ compensation carrier when workers
report injuries and when claims are filed.
(4) The Commission will:
(a) Assist homecare and personal
support workers who are injured while performing service plan authorized tasks with
filing claims; and
(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) Homecare or personal
support workers injured while providing authorized services must:
(a) Report work injuries
as soon as becoming aware of injuries to the:
(A) Consumer-employer or
consumer-representative;
(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; and
(c) Keep the consumer-employer
or consumer-representative informed regarding work restrictions resulting from injuries
at work, medical appointments, and return to work dates.
Stat. Auth.: ORS 410.602
Stats. Implemented ORS 410.606,
410.625, 656.039
Hist.: HCC 1-2014, f. 11-26-14,
cert. ef. 12-1-14




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