OAR 410-172-0800
Personal Care Attendant Employer-Employee Relationship

(1)

The relationship between a provider and an eligible individual or the individual’s representative is that of employee and employer.

(2)

As an employer, the individual shall create and maintain a job description for a potential provider that is in coordination with the individual’s plan for services.

(3)

The only benefits available to homecare and personal support attendants are those negotiated in a collective bargaining agreement and as provided in statute. The collective bargaining agreement does not include participation in the Public Employees Retirement System or the Oregon Public Service Retirement Plan. Homecare and personal support workers are not state or Division employees.

(4)

To be eligible for Behavioral Health personal care attendant services, the individual or the individual’s representative shall demonstrate the ability to:

(a)

Locate, screen, and hire a provider meeting the requirements described in this rule;

(b)

Supervise and train a provider;

(c)

Schedule work, leave, and coverage;

(d)

Track the hours worked and verify the authorized hours completed by a provider;

(e)

Recognize, discuss, and attempt to correct any performance deficiencies with the provider and provide appropriate, progressive, disciplinary action as needed; and

(f)

Discharge an unsatisfactory provider.

(5)

The Authority shall pay for Behavioral Health personal care attendant services to the provider on an individual’s behalf. Payment for services is not guaranteed until the Authority has verified that an individual’s provider meets the qualifications set forth in this rule.

(6)

In order to receive Behavioral Health personal care attendant services from a personal support worker or homecare worker, an individual shall be able to meet or designate a representative to meet the employer responsibilities in section (4) of this rule.

(7)

Termination and the grounds for termination of employment are determined by an individual or the individual’s representative. An individual may terminate an employment relationship with a provider at any time and for any reason. An individual shall establish an employment agreement at the time of hire. The employment agreement may include grounds for dismissal, notice of resignation, work scheduling, and absence reporting.

(8)

After appropriate intervention, an individual unable to meet the employer responsibilities in section (4) of this rule may be determined ineligible for Behavioral Health personal care attendant services.

(9)

An individual determined ineligible for Behavioral Health personal care attendant services may request these services at the individual’s next annual re-assessment. Improvements in health and cognitive functioning may be factors in demonstrating the individual’s ability to meet the employer responsibilities described in section (4) of this rule. The waiting period may be shortened if an individual is able to demonstrate the ability to meet the employer responsibilities sooner than the individual’s next annual re-assessment.

(10)

An individual may designate a representative to act on the individual’s behalf to meet the employer responsibilities in section (4) of this rule. An individual’s legal representative may be designated as the individual’s representative:

(a)

The Authority may deny an individual’s designation of a representative if the representative has:

(A)

A history of a substantiated abuse of an adult as described in OAR chapter 411, division 20, OAR chapter 407, division 45, or OAR chapter 943, division 45;

(B)

A history of founded abuse of a child as described in ORS 419 B.005;

(C)

Participated in billing excessive or fraudulent charges; or

(D)

Failed to meet the employer responsibilities, including previous termination for failure to meet the employer responsibilities in section (4) of this rule.

(b)

An individual may select another representative if the Authority suspends, terminates, or denies an individual’s designation of a representative.

(11)

An individual with a guardian shall have a representative for service planning purposes. A guardian may designate themselves the individual’s representative.

Source: Rule 410-172-0800 — Personal Care Attendant Employer-Employee Relationship, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=410-172-0800.

410‑172‑0600
Acronyms and Definitions 410‑172‑0610
Provider Enrollment 410‑172‑0620
Documentation Standards 410‑172‑0630
Medically Appropriate 410‑172‑0640
Behavioral Health Services Fee Schedule 410‑172‑0650
Prior Authorization 410‑172‑0660
Rehabilitative Behavioral Health Services 410‑172‑0670
Substance Use Disorder Treatment Services 410‑172‑0680
Residential Treatment Services for Children 410‑172‑0690
Admission Procedure for Residential Treatment Services for Children 410‑172‑0695
Intensive In-Home Behavioral Health Treatment Services for Youth (IIHBT) 410‑172‑0705
Residential Rate Standardization 410‑172‑0710
Residential Personal Care 410‑172‑0720
Prior Authorization and Re-Authorization for Residential Treatment 410‑172‑0730
Payment Limitations for Behavioral Health Services 410‑172‑0745
Exception Criteria for Facial Gender Confirmation Surgery (FGCS) 410‑172‑0760
Applied Behavior Analysis 410‑172‑0770
Individual Eligibility for Applied Behavioral Analysis Treatment 410‑172‑0780
Behavioral Health Personal Care Attendant Program 410‑172‑0790
Eligibility for Behavioral Health Personal Care Attendant Services 410‑172‑0800
Personal Care Attendant Employer-Employee Relationship 410‑172‑0810
Personal Care Attendant Qualifications 410‑172‑0820
Provider Termination 410‑172‑0830
Personal Care Attendant Service Assessment, Authorization, and Monitoring 410‑172‑0840
Personal Care Attendant Payment Limitations 410‑172‑0850
Telemedicine for Behavioral Health 410‑172‑0860
Billing for Dual Eligible Individuals
Last Updated

Jun. 8, 2021

Rule 410-172-0800’s source at or​.us