Chapter 410 — Chapter 410

ORS 410.505 Definitions for ORS 410.505 to 410.545. As used in ORS 410.505 to 410.545

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ORS 410.510 Establishment of procedure for assessment. For reasons stated in ORS 410.030 (2), the Department of Human Services shall establish a procedure for assessment of the long term care needs of each person making application for admission to an intermediate care facility and for each person who remains in a skilled nursing facility for more than 30 days. [1989 c.912 §3]

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ORS 410.515 Notice of availability of admission assessment services; disclosure form; department to provide services; maximum fees. (1) Prior to admission to an adult foster home, as defined in ORS 443.705, a residential care facility, as defined in ORS 443.400, an assisted living facility or a nursing facility that is not Medicaid certified, the person seeking admission shall be advised by the facility of the availability of admission assessment services at the person’s own expense and shall sign a disclosure form indicating that the person has been so advised

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ORS 410.520 When assessment to occur; exceptions. (1) Subject to subsection (2) of this section, admission screening shall occur

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ORS 410.525 Disclosure of fees; waiver of assessment; additional assessment services. (1) If the admission assessment is performed by a certified program, the program shall disclose to the person receiving the assessment any portion of the fee that may be charged to that person, and shall inform the person of the right of the person to receive an assessment from the Department of Human Services or an area agency on aging at no charge

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ORS 410.530 Department authority; delegation; advisory committee; rules. (1) The Department of Human Services has the following authority which it may delegate to any program certified by the department to provide assessment services

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ORS 410.535 Rules. The Department of Human Services shall adopt rules to carry out the provisions of ORS 410.505 to 410.545, including, but not limited to

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ORS 410.540 Compliance as condition for licensure. Compliance with the provisions of ORS 410.505 to 410.545 shall be a condition for licensure as a nursing facility. [1989 c.912 §7]

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ORS 410.545 Implementation of ORS 410.505 to 410.545 requires federal funding. Implementation of ORS 410.505 to 410.545 is subject to federal fund participation of the admission assessment activities specified in ORS 410.510 to 410.530. [1989 c.912 §12]

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ORS 410.550 Medicaid Long Term Care Quality and Reimbursement Advisory Council; membership; duties. (1) The Medicaid Long Term Care Quality and Reimbursement Advisory Council is created, to consist of 12 members. Appointed members shall be residents of the State of Oregon and representative of the geographic locations of all long term care facilities and community-based care facilities in this state. The members shall include

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ORS 410.555 Submission of changes to Medicaid reimbursement system to council; advisory recommendation; approval; report; budget review; rules. (1) The Department of Human Services shall submit to the Medicaid Long Term Care Quality and Reimbursement Advisory Council, for the council’s review and recommendation, any proposed change or modification to the Oregon Medicaid reimbursement system for long term care services and community-based care services

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ORS 410.560 Eligibility determination dashboard. The Department of Human Services and the Oregon Health Authority shall create a dashboard to measure the amount of time it takes the department, the authority and area agencies, as defined in ORS 410.040, to complete eligibility determinations for long term care services and supports provided through the medical assistance program. [2025 c.617 §1]

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ORS 410.595 Legislative intent and findings. The Legislative Assembly finds and declares that the interest and welfare of the public are served by the Home Care Commission that operates in accordance with section 11, Article XV of the Oregon Constitution, and ORS 410.595 to 410.625 and also are served by operations that

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ORS 410.596 Statewide plan to expand access to skilled home care and personal support workforce. (1) The Home Care Commission shall adopt a statewide plan to

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ORS 410.598 Training and testing for home care workers and personal support workers; rules. (1) The Department of Human Services, acting on behalf of and subject to the approval of the Home Care Commission, shall adopt by rule minimum training standards for home care workers and personal support workers and shall establish procedures for testing home care workers and personal support workers on their mastery of the skills and knowledge to be acquired through the training. The training standards must require a minimum number of hours of orientation and assessment of competency before a home care worker or personal support worker is permitted to provide home care services to a client. The minimum number of hours may be greater for home care workers who will be providing enhanced care and services, such as medication management

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ORS 410.600 Definitions for ORS 410.595 to 410.625. As used in ORS 410.595 to 410.625

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ORS 410.602 Home Care Commission; membership; rules. (1) The Home Care Commission is created, consisting of nine members appointed by the Governor and confirmed by the Senate as provided in ORS 171.562 and 171.565. Five members shall be elderly persons or persons with disabilities who are receiving or who have received home care services. One member shall be appointed to represent each of the following entities, or a successor entity, for as long as a comparable entity exists

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ORS 410.603 Developmental Disabilities and Mental Health Committee. (1) The Home Care Commission shall create a Developmental Disabilities and Mental Health Committee

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ORS 410.604 Duties of commission; executive director. (1) The Home Care Commission shall ensure the quality of home care services by

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ORS 410.605 Private pay home care worker program; rules. (1) This section establishes a program, administered by the Home Care Commission, to enable private individuals to purchase home care services from the commission through the home care registry. The commission shall administer the program in a manner that

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ORS 410.606 Referral of qualified individuals on home care registry. (1)(a) The Department of Human Services, an area agency, other public agency or support services brokerage shall provide to an individual seeking a home care worker or a personal support worker names of qualified individuals, in the appropriate geographic area, who have been placed on the home care registry

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ORS 410.607 Home care and personal support worker classifications and payment rates. (1) The Home Care Commission shall convene a subcommittee of the commission to define and establish classifications of home care workers and personal support workers. The classifications shall be based on the worker’s training, level of skill and the scope of the services provided by the worker

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ORS 410.608 Selection of home care or personal support worker; right to terminate employment; eligibility determination made by Department of Human Services. (1) An elderly person or a person with a disability who hires a home care worker or personal support worker has the right to select the home care worker or personal support worker, including a family member

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ORS 410.610 [1981 c.183 §1; 1987 c.428 §27; 1989 c.721 §50; renumbered 124.050 in 1995]

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ORS 410.612 Collective bargaining. (1) For purposes of collective bargaining under ORS 243.650 to 243.809, the Home Care Commission is the employer of record for home care workers and personal support workers

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ORS 410.614 Rights of home care and personal support workers. (1) Notwithstanding ORS 243.650 (19) and (20), the Home Care Commission shall be considered a public employer and home care workers and personal support workers shall be considered public employees governed by ORS 243.650 to 243.809

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ORS 410.619 Home care and personal support workers not state employees; exception. (1) A home care worker or personal support worker who is not otherwise employed by the Home Care Commission, the Department of Human Services, the Oregon Health Authority, an area agency or a support services brokerage shall not be deemed to be an employee of the state, whether or not the state selects the home care worker or personal support worker for employment or exercises any direction or control over the home care worker or personal support worker, for the purpose of the state’s liability for the actions of the home care worker or personal support worker

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ORS 410.620 [1981 c.183 §2; renumbered 124.055 in 1995]

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ORS 410.625 Authority of commission; budget. (1) In carrying out its duties under ORS 410.595 to 410.625, the Home Care Commission may

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ORS 410.630 [1981 c.183 §3; renumbered 124.060 in 1995]

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ORS 410.631 Noncompetition agreements voidable by home care worker and personal support worker. Notwithstanding ORS 653.295, a noncompetition agreement as defined in ORS 653.295 made in the context of an employment relationship or contract with a home care worker or personal support worker, as defined in ORS 410.600, is voidable by the home care worker or personal support worker and may not be enforced by a court of this state. [2017 c.360 §1; 2018 c.75 §19]

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ORS 410.632 Certain covenants between employer and home care worker or personal support worker voidable by worker. A covenant between an employee and an employer not to solicit employees of the employer or solicit or transact business with customers of the employer made in the context of an employment relationship or contract with a home care worker or personal support worker, as defined in ORS 410.600, is voidable by the home care worker or personal support worker and may not be enforced by a court of this state. [2017 c.360 §2; 2018 c.75 §20]

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ORS 410.640 [1981 c.183 §4; 1983 c.434 §3; renumbered 124.065 in 1995]

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ORS 410.650 [1981 c.183 §5; 1983 c.434 §1; 1983 c.740 §139; renumbered 124.070 in 1995]

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ORS 410.660 [1981 c.183 §6; renumbered 124.075 in 1995]

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ORS 410.670 [1981 c.183 §7; 1987 c.428 §28; renumbered 124.080 in 1995]

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ORS 410.680 [1981 c.183 §8; 1985 c.651 §1; renumbered 124.085 in 1995]

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ORS 410.690 [1981 c.183 §9; 1983 c.434 §2; 1985 c.651 §2; renumbered 124.090 in 1995]

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ORS 410.700 [1981 c.183 §10; renumbered 124.095 in 1995]

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ORS 410.710 State policy on persons with disabilities. The Legislative Assembly finds and declares that it is a policy of this state that

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ORS 410.715 Person suffering brain injury to be considered person with disability. It is the policy of the state that any person experiencing an injury defined as an injury to the brain caused by extrinsic forces where the injury results in the loss of cognitive, psychological, social, behavioral or physiological function for a sufficient time to affect that person’s ability to perform activities of daily living shall be considered a person with a disability. [1991 c.402 §1; 2007 c.70 §182]

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ORS 410.720 Mental health and addiction services for senior citizens and persons with disabilities. It is the policy of this state to provide mental health and addiction services for all Oregon senior citizens and persons with disabilities through a comprehensive and coordinated statewide network of local mental health services and alcohol and drug abuse education and treatment. These services should involve family and friends and be provided in the least restrictive and most appropriate settings

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ORS 410.730 Self-Sufficiency Trust Fund; rules. (1) The Self-Sufficiency Trust Fund is established, separate and distinct from the General Fund, in the State Treasury. Interest earned, if any, shall inure to the benefit of this fund. The purpose of the Self-Sufficiency Trust Fund is to provide a life-care planning option to meet the supplemental service needs of individuals with disabilities by enabling parents, families and others to plan more secure futures for their dependents with disabilities or other named beneficiaries with disabilities without fear of loss of benefits or invasion of trust principal

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ORS 410.732 Disabilities Trust Fund; rules. (1) The Disabilities Trust Fund is established, separate and distinct from the General Fund, in the State Treasury. The purpose of the Disabilities Trust Fund is to provide supplemental services to meet the needs of low income and indigent individuals with disabilities

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ORS 410.740 Oregon Deaf and Hard-of-Hearing Services Program; advisory committee. (1) The Oregon Deaf and Hard-of-Hearing Services Program is created in the Department of Human Services. The purpose of the program is to assist members of the public and state agencies in making agency programs available and accessible to individuals who are deaf or hard of hearing

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ORS 410.750 Department of Human Services to provide services to individuals with brain injuries; Brain Injury Advisory Committee. (1) As used in this section, “brain injury” means damage to the brain from an internal or external source that results in total or partial impairment in critical functions, including but not limited to attention, memory, reasoning, problem solving, processing speed, decision-making, learning, perception, sensing, speech and language, motor and physical function or psychosocial behavior, and that is of sufficient severity to produce partial or total disability

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ORS 410.751 Reports to Legislative Assembly. During each odd-numbered year regular session of the Legislative Assembly, the Department of Human Services shall report to the Joint Committee on Ways and Means and the committees of the Legislative Assembly related to health or human services, in the manner provided in ORS 192.245, on the

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ORS 410.850 [1985 c.647 §2; repealed by 1987 c.523 §1 (410.851 enacted in lieu of 410.850)]

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ORS 410.851 Policy on patient-based reimbursement system for long term care facilities; rules. (1) The Legislative Assembly finds and declares that patients admitted to and cared for by long term care facilities in Oregon are more impaired than in the past. In keeping with the traditional commitment of the State of Oregon to the care and protection of its citizens who are frail or elderly or who have disabilities, as expressed in ORS 410.010, the Legislative Assembly declares that a patient-based reimbursement system emphasizing quality incentives is appropriate for long term care facilities. Such a system would reward long term care facilities for outcomes, such as maintaining or improving a patient’s condition, and meet the legitimate costs of caring for patients

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ORS 410.855 Agencies that provide direct support services. (1) As used in this section

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