OAR 418-020-0020
Qualifications for Homecare and Personal Support Workers
(1)
Homecare Worker Minimum Qualifications.(a)
Submit a complete application and provider enrollment agreement to a service delivery office.(b)
Pass a DHS background check and cooperate with a recheck every two years or when requested.(c)
Be capable of performing essential functions to safely provide necessary services or be capable of learning essential functions to safely provide necessary services.(d)
Meet the in-home program specific guidelines.(e)
Be 18 years of age or older.(f)
Attend orientation.(g)
Complete mandated core training within specified timelines.(h)
Complete and pass mandated orientation and core training competency evaluations.(i)
Complete mandated continuing education within the specified timelines.(2)
Personal Support Worker Minimum Qualifications.(a)
Submit a complete provider application and enrollment agreement.(b)
Pass a DHS or OHA background check and cooperate with a recheck when requested.(c)
Be capable of performing essential functions to safely provide necessary services or be capable of learning essential functions to safely provide necessary services.(d)
Be 18 years of age or older.(e)
Meet program specific guidelines, including attending applicable orientations.(f)
Complete mandated core training within specified timelines.(g)
Complete and pass mandated orientation and core training competency evaluations.(h)
Complete mandated continuing education within specified timelines.(3)
Homecare and Personal Support Worker Orientation. Orientation must:(a)
Occur on a frequent basis to prevent delays in a worker’s enrollment or continued employment as a homecare or personal support worker.(b)
Include a presentation and materials created or approved by the Commission and DHS or OHA.(c)
Include information on the following topics:(A)
Abuse and mandatory reporting.(B)
Confidentiality.(C)
Consumer rights.(D)
Medication safety.(E)
Preventing Medicaid fraud.(F)
Providing person-centered services.(G)
Universal precautions and infection control.(H)
Worker requirements, roles, and responsibilities.(I)
Other information DHS or the Commission deems appropriate for the professionalization of the homecare and personal support worker workforce.(J)
The Commission reserves the right to remove training topics listed in OAR 418-020-0020 (Qualifications for Homecare and Personal Support Workers)(3)(c)(A) through (I) if it is deemed necessary.(d)
Be culturally-appropriate for workers of all language abilities.(A)
If orientation is not available in the worker’s preferred language, interpreter services shall be made available.(B)
Orientation presentation and materials shall be culturally appropriate and accessible to workers in their preferred language. Reasonable efforts shall be made to accommodate language requests when there is adequate demand for the presentation and materials in the preferred language.(e)
Provide reasonable accommodations in accordance with Title II of the Americans with Disabilities Act for homecare and personal support workers who experience a disability.(f)
Allow the Union to make presentations to potential members at orientations, at a mutually agreeable time, in accordance with the current collective bargaining agreement.(g)
Within 30 days of receiving a provider number, a homecare or personal support worker must attend an orientation that utilizes materials provided or approved by the Commission. This provision is in effect until August 31, 2021.(A)
When completion of an orientation is not available at a local service delivery office or online within 30 days, orientation must be completed within 90 days of enrollment. This provision is in effect until August 31, 2021.(B)
If a homecare or personal support worker fails to complete an orientation within 90 days of provider enrollment, the provider number shall be inactivated and any authorization for service payments shall be discontinued, in accordance with OAR Chapter 411, Division 31 and OAR Chapter 411, Division 375.(h)
Effective September 1, 2021, an applicant is required to complete a minimum of a four-hour orientation, or online equivalency, and pass a competency evaluation prior to the issuance of a provider number and shall not be authorized to work until complete.(A)
An applicant may be granted an exception to begin working prior to attending orientation and passing a competency evaluation under the following circumstances:(i)
The applicant is selected by a specific consumer-employer or common law employer and the applicant’s delayed enrollment poses an immediate risk to the individual’s health and safety;(ii)
Orientation is not readily accessible; and(iii)
The applicant has met the enrollment criteria described in OAR 418-020-0020 (Qualifications for Homecare and Personal Support Workers)(1)(a) through (e) or OAR 418-020-0020 (Qualifications for Homecare and Personal Support Workers)(2)(a) through (d).(B)
Requests for exceptions shall be submitted to the Oregon Home Care Commission by the local APD or AAA service delivery office or case management entity for approval.(i)
The Commission shall approve or deny the request within one business day.(ii)
If an exception is approved by the Oregon Home Care Commission, the homecare or personal support worker shall attend orientation within 120 days of enrollment. Workers who fail to attend orientation within the specified timeline shall not be authorized to work.
Source:
Rule 418-020-0020 — Qualifications for Homecare and Personal Support Workers, https://secure.sos.state.or.us/oard/view.action?ruleNumber=418-020-0020.