OAR 411-375-0050
Benefits and Secondary Expenses for Personal Support Workers
(1)
The only benefits available to personal support workers are negotiated in the Collective Bargaining Agreement and provided in Oregon Revised Statute. The Collective Bargaining Agreement does not include participation in the Public Employees Retirement System or the Oregon Public Service Retirement Plan. Personal support workers are not employees of a case management entity.(2)
Workers’ compensation, as defined in Oregon Revised Statute, is available to eligible personal support workers as described in the Collective Bargaining Agreement. In order to receive services delivered by a personal support worker, an individual, the designated common law employer, or the proxy must provide written authorization and consent to the Department for the provision of workers’ compensation insurance for the personal support worker.(3)
TRANSPORTATION REIMBURSEMENT.(a)
COMMUNITY TRANSPORTATION.(A)
A personal support worker may be reimbursed for providing community transportation related to services if the community transportation is prior authorized by a case manager and reflected in the ISP for an individual in accordance with OAR 411-435-0050 (Developmental Disabilities - Community First Choice Ancillary Services). A personal support worker providing community transportation must have a valid driver’s license, a good driving record, and proof of insurance for the vehicle used to transport the individual, as well as any other license or certificate that may be required under state and local law depending on the nature and scope of the transportation. Copies of a valid driver’s license and proof of insurance, as well as any other license or certification that may be required, must be provided to any case management entity upon authorization of community transportation and as requested.(B)
Community transportation services exclude medical transportation. Medical transportation is provided through the Health Systems Division of the Oregon Health Authority.(C)
The Department is not responsible for vehicle damage or personal injury sustained while using a personal motor vehicle for ISP-related transportation, except as may be covered by workers’ compensation.(D)
Reimbursement for transporting an individual to accomplish ADL, IADL, or a health-related task within the community in which the individual lives or an employment goal identified in an ISP, is on a per-mile basis as outlined in the Collective Bargaining Agreement.(b)
TRAVEL BETWEEN WORKSITES.(A)
A personal support worker who travels directly between one worksite to another worksite is paid at the base pay rate, as defined in the Collective Bargaining Agreement, for the time spent traveling directly between the worksites.(B)
Unless otherwise specified in statute or rule, the amount of time a personal support worker may take to travel directly from one worksite to another worksite may not exceed one hour.(C)
The total time spent traveling directly between worksites for all individuals a personal support worker is authorized to deliver services to, may not total more than 10 percent of the total wages the personal support worker claims during a pay period, as described in the Collective Bargaining Agreement.(D)
The time claimed by a personal support worker for travel directly between worksites contributes to the limitation of hours a personal support worker may work in a workweek as described in OAR 411-375-0040 (Fiscal and Accountability Responsibility)(5)(d).(E)
The Department determines the time needed for a personal support worker to travel directly between worksites.(i)
When a personal support worker uses their own vehicle to travel directly between worksites, payment for travel time is based on a time estimate published in a common, publicly-available, web-based mapping program.(ii)
When a personal support worker uses public transportation to travel directly between worksites, payment for travel time is based on the scheduled pick-up and drop-off times for the stops nearest the worksites.(iii)
When a personal support worker uses non-motorized transportation to travel directly between worksites, payment for travel time is based on a time estimate published in a common, publicly-available, web-based mapping program.(c)
Claims for travel time exceeding the travel time estimated by the Department require a written explanation from the personal support worker. Travel time claimed in excess of the time estimated by the Department may not be paid.(d)
Under no circumstances may a personal support worker be paid for time spent in transit to or from their own residence.(e)
Personal support workers receive mileage reimbursement only as set forth in subsection (a) of this section.(4)
GLOVES AND MASKS. Once all public and private resources have been exhausted and in response to a documented change or newly identified individual need, an emergency supply of protective gloves and masks must be made available to a personal support worker for the safety of the personal support worker, as outlined in the Collective Bargaining Agreement.
Source:
Rule 411-375-0050 — Benefits and Secondary Expenses for Personal Support Workers, https://secure.sos.state.or.us/oard/view.action?ruleNumber=411-375-0050.