OAR 411-031-0020
Definitions
(1)
“Ability and Willingness to Maintain Consumer-Employer Confidentiality” means a homecare worker is able and willing to keep personal information about a consumer-employer private.(2)
“Abuse” means abuse as defined by OAR 411-020-0002 (Definitions) and OAR 407-045-0260 (Adult Developmental Disabilities Abuse Rules: Definitions).(3)
“Activities of Daily Living (ADL)” mean those personal, functional activities required by an individual for continued well-being, which are essential for the individual’s health and safety. Activities include eating, dressing, grooming, bathing, personal hygiene, mobility (ambulation and transfer), elimination (toileting, bowel, and bladder management), and cognition and behavior as defined in OAR 411-015-0006 (Activities of Daily Living (ADL)).(4)
“Administrative Review” means the internal process the Department uses to review a decision to terminate or not to terminate a homecare worker’s provider enrollment.(5)
“Adult” means any person at least 18 years of age.(6)
“Adult Protective Services” mean the services provided in response to the need for protection from abuse described in OAR chapter 411, division 020, and OAR chapter 407, division 045.(7)
“Aging and People with Disabilities (APD)” means the program area of Aging and People with Disabilities, within the Department of Human Services.(8)
“Area Agency on Aging (AAA)” means the Department designated agency charged with the responsibility to provide a comprehensive and coordinated system of services to older adults and adults with disabilities in a planning and service area. The terms AAA and Area Agency on Aging are inclusive of both Type A and Type B Area Agencies on Aging as defined in ORS 410.040 (Definitions for ORS 410.040 to 410.300, 410.320 and 410.619) and described in ORS 410.210 (Area agency advisory councils) to 410.300 (Transfer of state employees to type B agency).(9)
“Base Pay Rate” means the hourly wage to be paid to homecare workers, without any differentials, established in the Collective Bargaining Agreement.(10)
“Burden of Proof” means the existence or nonexistence of a fact is established by a preponderance of evidence.(11)
“Case Manager” means an employee of the Department or Area Agency on Aging who assesses the service needs of individuals, determines eligibility, and offers service choices to eligible individuals. The case manager authorizes and implements an individual’s service plan and monitors the services delivered as described in OAR chapter 411, division 028.(12)
“Collective Bargaining Agreement” means the ratified Collective Bargaining Agreement between the Home Care Commission and the Service Employees International Union, Local 503. The Collective Bargaining Agreement is maintained on the Department’s website: (http://www.dhs.state.or.us/spd/tools/cm/homecare/index.htm). Printed copies may be obtained by writing the Department of Human Services, Aging and People with Disabilities, ATTN: Rules Coordinator, 500 Summer Street NE, E-2, Salem, Oregon 97301.(13)
“Community Transportation” means non-medical transportation a homecare worker provides to a consumer-employer:(a)
Using the homecare worker’s personal vehicle; and(b)
Provided in accordance with the consumer-employer’s authorized service plan.(14)
“Consumer” or “Consumer-Employer” means an individual eligible for in-home services.(15)
“Consumer-Employed Provider Program” refers to the program wherein a provider is directly employed by a consumer to provide hourly in-home services. In some aspects of the employer and employee relationship, the Department acts as an agent for the consumer-employer. These functions are clearly described in OAR 411-031-0040 (Consumer-Employed Provider Program).(16)
“Department” means the Department of Human Services.(17)
“Disability” means a physical, cognitive, or emotional impairment, which for an individual, constitutes or results in a functional limitation in one or more of the activities of daily living defined in OAR 411-015-0006 (Activities of Daily Living (ADL)).(18)
“Enhanced Homecare Worker” means a homecare worker who is certified by the Oregon Home Care Commission to provide services and supports for consumers who require assistance with certain medically-driven services and supports.(19)
“Established Work Schedule” means the work schedule established by the consumer-employer to best meet the consumer’s assessed needs and agreed to by the homecare worker employed by the consumer. A homecare worker adheres to the established work schedule by arriving to work on time, requesting absence from work in a timely manner, and notifying the consumer-employer of unscheduled absences in a timely manner.(20)
“Evidence” means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact.(21)
“Exerts Undue Influence” means a homecare worker assumes or attempts to assume control of a consumer-employer’s decision-making, finances, home, property, medication, social interaction or ability to communicate. Exertion of undue influence may exist whether or not a consumer-employer willfully allows the homecare worker to assume such control.(22)
“Fiscal Improprieties” means a homecare worker committed financial misconduct involving a consumer’s money, property, or benefits.(a)
Fiscal improprieties include, but are not limited to:(A)
Financial exploitation, as defined in OAR 411-020-0002 (Definitions)(1)(e);(B)
Borrowing money, property, or belongings from a consumer;(C)
Taking a consumer’s property or money;(D)
Accepting or receiving items or services purchased for the homecare worker by a consumer-employer;(E)
Forging a consumer’s signature;(F)
Falsifying payment records;(G)
Claiming payment for hours not worked;(H)
Claiming to deliver services to a consumer during a time also claimed for travel;(I)
Repeatedly working or claiming to work hours not prior authorized on a consumer-employer’s service plan or repeatedly working or claiming to work hours over the maximum authorized weekly number of hours allowed for the homecare worker as outlined in the Collective Bargaining Agreement;(J)
Claiming hours worked for a consumer-employer while taking time off or when a relief care worker is paid for providing services;(K)
Requesting or demanding payment for services from either the Department or the consumer in excess of the amount paid following the submission and processing of a properly completed claim; or(L)
Intentional acts committed for financial gain.(b)
Fiscal improprieties do not include the exchange of money, gifts, or property between a homecare worker and a consumer-employer with whom the homecare worker is related unless an allegation of financial exploitation, as defined in OAR 411-020-0002 (Definitions) or OAR 407-045-0260 (Adult Developmental Disabilities Abuse Rules: Definitions), has been substantiated based on an adult protective services investigation.(23)
“Homecare Worker” means a provider, as described in OAR 411-031-0040 (Consumer-Employed Provider Program), that is directly employed by a consumer to provide services to the consumer.(a)
The term homecare worker includes:(A)
A consumer-employed provider of Medicaid in-home services program described in OAR Chapter 411 Division 030;(B)
A consumer-employed provider in the Spousal Pay and Oregon Project Independence Programs;(C)
A consumer-employed provider that provides state plan personal care services; and(D)
A relative providing Medicaid in-home services to a consumer living in the relative’s home.(b)
The term homecare worker does not include an Independent Choices Program provider or a personal support worker enrolled through Developmental Disabilities Services or the OHA Health Systems Division, Behavioral Health.(24)
“Hourly Services” mean the in-home services, including activities of daily living and instrumental activities of daily living, that are provided by homecare workers to consumer-employers at regularly scheduled times.(25)
“Imminent Danger” means there is reasonable cause to believe an individual’s life or physical, emotional, or financial well-being is in danger if no intervention is immediately initiated.(26)
“Inactivated” means the process through which a homecare worker is made temporarily ineligible to work for any consumer-employer.(27)
“Individual” means an older adult or an adult with a disability applying or eligible for services.(28)
“In-Home Services” mean the activities of daily living and instrumental activities of daily living that assist an individual to stay in his or her own home or the home of a relative.(29)
“Instrumental Activities of Daily Living (IADL)” mean those activities, other than activities of daily living, required by an individual to continue independent living. The definitions and parameters for assessing needs in IADL are identified in OAR 411-015-0007 (Instrumental Activities of Daily Living).(30)
“Mandatory Reporter” means an individual who is required under ORS 124.050 (Definitions for ORS 124.050 to 124.095) - 124.060 (Duty of officials to report) to report the abuse or suspected abuse of a child, an older adult, or the resident of a nursing facility, to the Department or to a law enforcement agency.(31)
“Medically-Driven Services and Supports” means medical or behavioral treatments, assessed by a case manager and included in a consumer’s service plan, which a consumer requires in addition to assessed ADL and IADL services. These services and supports must be delegated and monitored by a Department appointed registered nurse.(32)
“Non-Motorized Transportation” means traveling on foot, riding a bicycle, or other similar means of transportation.(33)
“Office of Administrative Hearings” means the Office described in ORS 183.605 (Office of Administrative Hearings) - 183.690 (Office of Administrative Hearings Oversight Committee) established within the Employment Department to conduct contested case proceedings, and other such duties, on behalf of designated state agencies.(34)
“Older Adult” means any person at least 65 years of age.(35)
“Oregon Homecare Commission” means the commission established and operated pursuant to Article XV, Section 11, of the Oregon Constitution, and ORS 410.595 (Legislative intent and findings) - 410.625 (Authority of commission).(36)
“Oregon Project Independence” means the program of in-home services described in OAR chapter 411, division 032.(37)
“Personal Support Worker” has the meaning given in OAR 411-375-0010 (Definitions and Acronyms).(38)
“Preponderance of the Evidence” means that one party’s evidence is more convincing than the other party’s.(39)
“Provide Services as Required” means a homecare worker provides services to a consumer as described in the consumer’s service plan.(40)
“Provider” means the person who renders the services.(41)
“Provider Enrollment” means a homecare worker’s authorization to work as a provider employed by a consumer for the purpose of receiving payment for authorized services provided to consumers of the Department. Provider enrollment includes the issuance of a Medicaid provider number.(42)
“Provider Number” means an identifying number issued to each homecare worker who is enrolled as a provider through the Department.(43)
“Relative” means a person, excluding an individual’s spouse, who is related to the individual by blood, marriage, or adoption.(44)
“Relief Homecare Worker” means a homecare worker who works for a consumer-employer when the consumer-employer’s regularly scheduled homecare worker is absent.(45)
“Representative” or “Consumer-Employer’s Representative” means a person authorized by the individual to serve as a representative in connection with the provision of services and supports.(46)
“Restricted Homecare Worker” means the Department or Area Agency on Aging has placed restrictions on a homecare worker’s provider enrollment as described in OAR 411-031-0040 (Consumer-Employed Provider Program).(47)
“Self-Management Tasks” means “Instrumental Activities of Daily Living” as defined in this rule.(48)
“Skills, Knowledge, and Ability to Adequately or Safely Perform the Required Work” means a homecare worker possesses and demonstrates the physical, mental, organizational, and emotional skills or abilities necessary to perform services which safely and adequately meet the needs of consumers.(49)
“State Minimum Wage” or “Minimum Wage” means the rate of pay set forth in ORS 653.025 (Minimum wage rate).(50)
“These Rules” mean the rules in OAR chapter 411, division 031.(51)
“Time Off” means time where a homecare worker is not providing services to a consumer during a normally scheduled work time.(52)
“Unacceptable Background Check” means a check that produces information related to a person’s background that precludes the person from being a homecare worker for the following reasons:(a)
The person applying to be a homecare worker has been disqualified under OAR 407-007-0275 (Convictions Under ORS 443.004 Resulting in Ineligibility for Aging and People with Disabilities Program and Developmental Disabilities Program SIs);(b)
A homecare worker enrolled in the Consumer-Employed Provider Program for the first time, or after any break in enrollment, after July 28, 2009 has been disqualified under OAR 407-007-0275 (Convictions Under ORS 443.004 Resulting in Ineligibility for Aging and People with Disabilities Program and Developmental Disabilities Program SIs); or(c)
A background check and fitness determination has been conducted resulting in a “denied” status, as defined in OAR 407-007-0210 (Definitions).(53)
“Unwelcome Nuisance to the Workplace” includes, but is not limited to, unwelcome guests or pets invited by a homecare worker into a consumer’s home, unwelcome behaviors such as smoking, or unwelcome items resulting in the consumer’s dissatisfaction or a homecare worker’s inattention to the consumer’s required service needs.(54)
“Violated the Requirement to Maintain a Drug-Free Workplace” means there was a substantiated complaint against a homecare worker for:(a)
Being intoxicated by alcohol, inhalants, prescription drugs, or other drugs, including over-the-counter medications, while responsible for the care of a consumer, while in the consumer’s home or care setting, or while transporting the consumer; or(b)
Manufacturing, possessing, selling, offering to sell, trading, or using illegal drugs while providing authorized services to a consumer or while in the consumer’s home or care setting.
Source:
Rule 411-031-0020 — Definitions, https://secure.sos.state.or.us/oard/view.action?ruleNumber=411-031-0020.