Title 34, Human Services; Juvenile Code; Corrections

(1) Subject to subsection (2) of this section, admission screening shall occur: (a) Before admission to an intermediate care facility; and (b) Within seven days following the 30th day from admission to a skilled nursing facility. (2) Subsection (1) of this section does not apply …

(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 t…

(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: (a) To provide information and education to the general public, hospitals, nursing facilities, physicians, physician a…

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: (1) Granting exceptions to ORS 410.540; and (2) Insuring confidentiality of all client information gathered during the admission assessment pro…

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]

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] (Advisory Council)

(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 fa…

(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 an…

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 supp…

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: (1…

(1) The Home Care Commission shall adopt a statewide plan to: (a) Increase participation in the home care registry maintained by the commission under ORS 410.604; (b) Increase the number of home care workers and personal support workers in this state in order to meet the need tha…

(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 pe…

As used in ORS 410.595 to 410.625: (1) “Activities of community inclusion” includes but is not limited to volunteer activities, employment, development of community life skills and participation in social and recreational community events. (2) “Activities of daily living” include…

(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 se…

(1) The Home Care Commission shall create a Developmental Disabilities and Mental Health Committee. (2) The committee shall provide information and make recommendations to the commission and to the Department of Human Services on: (a) Methods of improving the quality of services …

(1) The Home Care Commission shall ensure the quality of home care services by: (a) Establishing qualifications for home care workers and personal support workers, with the advice and consent of the Department of Human Services, to ensure the effective delivery of home care servi…

(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: (a) Builds and strength…

(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 plac…

(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 provide…

(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. (2) An elderly person or a person with a disability who hires a home car…

(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. (2) Except as provided in ORS 410.614 and 410.619, home care workers and personal support workers may not…

(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. (2) Home care workers and personal support wor…

(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 o…

(1) In carrying out its duties under ORS 410.595 to 410.625, the Home Care Commission may: (a) Enter into an interagency agreement or a contract with any state agency for the performance of the commission’s duties or the leasing of office space; (b) Provide nonemployee compensati…

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 w…

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 O…

The Legislative Assembly finds and declares that it is a policy of this state that: (1) All persons regardless of any disability have the right to live their lives with dignity and to participate in society and all state programs to the fullest extent possible. (2) There is a nee…

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 pe…

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…

(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 me…

(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. (2) The S…

(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 hear…

(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-maki…

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.…

(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 …

(1) As used in this section: (a) “Assessed hours” means the number of hours of direct support services that the Department of Human Services determines is needed by an individual in a month. (b) “Client” means an individual who enrolls with an agency that provides direct support …

Violation of ORS 410.520 shall be subject to a civil penalty not to exceed $5,000, imposed in the manner provided in ORS 441.705 to 441.745. [1989 c.912 §9; 1991 c.67 §105]