Title 34, Human Services; Juvenile Code; Corrections

(1) Prior to the designation of an area agency as a type B area agency, the area agency, the responsible unit of local government and the Department of Human Services must jointly agree upon a plan under which the area agency will operate. (2) The plan described in subsection (1)…

(1) The Director of Human Services may delegate the following functions pertaining to regulation of adult foster homes for elderly persons and persons with disabilities to a type B area agency: (a) Conducting inspections and issuing and renewing licenses under ORS 443.735; (b) In…

(1) A type B area agency may contract with the Department of Human Services for services of state employees or have such employees transferred to employment by the area agency by transfer agreement. (2) State employees whose services have been contracted to a type B area agency s…

(1)(a) The Governor’s Commission on Senior Services is created. The commission shall consist of at least 21 members appointed by the Governor for terms of three years. (b) Prior to making appointments, the Governor shall request and consider recommendations from the area agencies…

(1) In addition to the members of the Governor’s Commission on Senior Services appointed under ORS 410.320, the President of the Senate shall appoint one member from the Senate and the Speaker of the House of Representatives shall appoint one member from the House of Representati…

In case of a vacancy on the Governor’s Commission on Senior Services, the appointing authority shall appoint a successor for the remainder of the unexpired term. [Formerly 184.910; 1983 c.740 §132] OREGON PROJECT INDEPENDENCE

As used in ORS 410.410 to 410.480: (1) “Authorized agency” means any organization designated by the Department of Human Services as an area agency on aging. (2) “Authorized service” means any service described in ORS 410.420 (1) and designated by the department by rule to be elig…

(1) Funds appropriated for Oregon Project Independence shall be expended for home care supportive services including in-home or community-based services that assist an individual in achieving the greatest degree of independent functioning in the individual’s home. (2) Funds appro…

(1) The Oregon Project Independence Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Project Independence Fund shall be credited to the Oregon Project Independence Fund. Moneys in the Oregon Project Independence…

Except as provided in ORS 410.422, the funds available for purposes of ORS 410.410 to 410.480 shall be kept in separate accounts in the General Fund. One account shall be used for funds appropriated for persons otherwise eligible who are 60 years of age or older. The other accoun…

(1) In order to qualify for authorized services from an authorized agency or service provider, each client must: (a) Be 60 years of age or older or have been diagnosed as having Alzheimer’s disease or a related disorder; (b) Not be receiving financial assistance from the Departme…

(1) Notwithstanding ORS 410.430 and subject to the conditions described in subsection (2) of this section, the Department of Human Services shall adopt rules expanding the eligibility requirements of Oregon Project Independence to cover persons 19 years of age or older with physi…

(1) Eligible clients shall receive authorized services on a priority basis, with highest priorities receiving services first. (2) Priority for receipt of authorized services shall be: (a) Clients already receiving authorized service as long as their condition indicates services a…

(1) Eligibility determinations and determinations of services for Oregon Project Independence shall be made in accordance with rules of the Department of Human Services. (2) Eligibility for authorized services shall be based on each client’s financial, physical, functional, medic…

Allowable costs by authorized agencies are those associated with the direct provision of services to clients and such administrative costs as may be required to assure adequate services and to provide information to the Department of Human Services. [1981 c.186 §6; 1983 c.740 §13…

(1) The Department of Human Services shall establish fees for authorized services after consultation with authorized agencies. The fees may differ for different areas and for different income levels. (2) Fees established under subsection (1) of this section shall be charged to al…

(1) Each authorized agency and service provider shall maintain books, records, documents and accounting procedures which reflect costs and such other activities as the Department of Human Services may require. The books, records and documents shall be made available to the depart…

The Legislative Assembly finds that there is a need for the Department of Human Services to promote the availability of adult day care services and that flexibility in the combination of adult day care with other community-based services gives individuals who would otherwise be p…

(1) To provide greater flexibility and availability of services, the Department of Human Services shall apply for waiver of federal statutory and regulatory requirements to make adult day care services available under ORS chapter 414. (2) The Department of Human Services shall ad…

(1) The Department of Human Services shall develop a registry of all adult day care programs in Oregon. (2) The department shall adopt rules, to be followed voluntarily, substantially consistent with standards established by the Oregon Association of Adult Day Care Services regar…

As used in ORS 410.505 to 410.545: (1) “Admission assessment” means a professional program that provides an assessment of the long term care needs of persons applying for or considering admission to an intermediate care facility or who have remained in a skilled nursing facility …

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 fac…

(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 th…

(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…