ORS 410.604
Duties of commission

  • executive director

(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 services by a qualified, committed, experienced and well-trained workforce;

(b)

Conducting orientation sessions for home care workers and personal support workers;

(c)

Ensuring training opportunities for home care workers and personal support workers in accordance with ORS 410.598 (Training and testing for home care workers and personal support workers);

(d)

Providing training opportunities to elderly persons and persons with disabilities who employ home care workers or personal support workers;

(e)

Establishing the home care registry and maintaining the registry with qualified home care workers and personal support workers;

(f)

Providing routine, emergency and respite referrals of home care workers and personal support workers;

(g)

Entering into contracts with public and private organizations and individuals for the purpose of obtaining or developing training materials and curriculum or other services as may be needed by the commission;

(h)

Establishing occupational health and safety standards for home care workers and personal support workers, in accordance with ORS 654.003 (Purpose) (3), and informing home care workers and personal support workers of the standards; and

(i)

Working on its own, if resources are available, or cooperatively with area agencies and state and local agencies to accomplish the duties listed in paragraphs (a) to (h) of this subsection.

(2)

Intentionally left blank —Ed.

(a)

The commission shall enter into an interagency agreement with the department to contract for a department employee to serve as executive director of the commission. The executive director shall be appointed by the Director of Human Services in consultation with the Governor and subject to approval by the commission, and shall serve at the pleasure of the Director of Human Services. The commission may delegate to the executive director the authority to act on behalf of the commission to carry out its duties and responsibilities, including but not limited to:

(A)

Entering into contracts or agreements; and

(B)

Taking reasonable or necessary actions related to the commission’s role as employer of record for home care workers and personal support workers under ORS 410.612 (Collective bargaining).

(b)

The commission shall enter into an interagency agreement with the department for carrying out any of the duties or functions of the commission, for department expenditures and for the provision of staff support by the department.

(3)

When conducting its activities, and in making decisions relating to those activities, the commission shall first consider the effect of its activities and decisions on:

(a)

Improving the quality of service delivered by home care workers and personal support workers;

(b)

Ensuring adequate hours of service are provided to elderly persons and persons with disabilities by home care workers and personal support workers; and

(c)

Ensuring that services, activities and purchases that are purchased by elderly persons and persons with disabilities other than home care services, including adult support services, are not compromised or diminished.

(4)

The commission shall work with culturally diverse community-based organizations to train and certify community health workers and personal health navigators. The workers and navigators shall work as part of a multidisciplinary team under the direction of a licensed or certified health care professional. The commission shall recruit qualified home care workers and personal support workers who desire to be trained and certified as community health workers or personal health navigators.

(5)

The commission shall ensure that each coordinated care organization honors all of the terms and conditions of employment established by the commission with respect to the community health workers and personal health navigators referred by the commission. This subsection does not require a coordinated care organization to employ or contract with community health workers and personal health navigators certified by the commission so long as the community health workers and personal health navigators employed or otherwise retained by the organization meet competency standards established by the authority under ORS 414.665 (Traditional health workers utilized by coordinated care organizations).

(6)

The commission has the authority to contract for services, lease, acquire, hold, own, encumber, insure, sell, replace, deal in and with and dispose of real and personal property in its own name.

(7)

As used in this section, “community health worker,” “coordinated care organization” and “personal health navigator” have the meanings given those terms in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414). [2001 c.901 §3; 2007 c.70 §180; 2007 c.797 §4; 2010 c.100 §8; 2011 c.602 §23; 2014 c.116 §6; 2015 c.796 §§6,7; 2018 c.75 §6]

Source: Section 410.604 — Duties of commission; executive director, https://www.­oregonlegislature.­gov/bills_laws/ors/ors410.­html.

410.010
State policy for seniors and people with disabilities
410.020
Implementation of state policy
410.030
Legislative findings on long term care options
410.040
Definitions for ORS 410.040 to 410.300, 410.320 and 410.619
410.050
General policy
410.060
Policy for persons with disabilities served by department
410.065
Comprehensive plan for long term care system
410.070
Duties of Department of Human Services
410.072
Determination of annual budget levels for type B area agencies
410.074
Consultation with representatives of type B area agencies on rules establishing methodology
410.075
Authority of department and Oregon Health Authority to hold title to property
410.080
Department as single state agency for specified federal programs
410.090
Department to implement supportive social services for persons age 60 and older
410.100
When department to administer area agency programs
410.120
Senior and Disabled Services Account
410.140
Records
410.150
Use of files
410.160
Limitation on estate claims
410.180
Long term care reimbursement audit manual
410.190
Representation of entities in contested case proceedings before department
410.210
Area agency advisory councils
410.220
Use of state and local resources
410.230
Expenditure of local funds not required
410.240
Operation of type A agencies
410.250
Duties of type A agencies
410.270
Operation of type B agencies
410.280
Duties of type B agencies
410.290
Conditions for designation as type B agency
410.295
Authority of type B agency to regulate adult foster homes
410.300
Transfer of state employees to type B agency
410.320
Governor’s Commission on Senior Services
410.330
Legislator members
410.340
Appointments to fill vacancies
410.410
Definitions for ORS 410.410 to 410.480
410.420
Use of funds for specified services
410.422
Oregon Project Independence Fund
410.425
Separate accounts for persons age 60 and over and for persons with Alzheimer’s disease or related disorders
410.430
Eligibility for authorized services
410.435
Expansion of Oregon Project Independence
410.440
Priorities for services
410.450
Determinations of eligibility
410.460
Computation of allowable costs
410.470
Fees
410.480
Required record keeping
410.485
Legislative findings
410.490
Duties of department
410.495
Registry for adult day care programs in state
410.505
Definitions for ORS 410.505 to 410.545
410.510
Establishment of procedure for assessment
410.515
Notice of availability of admission assessment services
410.520
When assessment to occur
410.525
Disclosure of fees
410.530
Department authority
410.535
Rules
410.540
Compliance as condition for licensure
410.545
Implementation of ORS 410.505 to 410.545 requires federal funding
410.550
Medicaid Long Term Care Quality and Reimbursement Advisory Council
410.555
Submission of changes to Medicaid reimbursement system to council
410.595
Legislative intent and findings
410.596
Statewide plan to expand access to skilled home care and personal support workforce
410.598
Training and testing for home care workers and personal support workers
410.600
Definitions for ORS 410.595 to 410.625
410.602
Home Care Commission
410.603
Developmental Disabilities and Mental Health Committee
410.604
Duties of commission
410.605
Private pay home care worker program
410.606
Referral of qualified individuals on home care registry
410.607
Home care and personal support worker classifications and payment rates
410.608
Selection of home care or personal support worker
410.612
Collective bargaining
410.614
Rights of home care and personal support workers
410.619
Home care and personal support workers not state employees
410.625
Authority of commission
410.631
Noncompetition agreements voidable by home care worker and personal support worker
410.632
Certain covenants between employer and home care worker or personal support worker voidable by worker
410.710
State policy on persons with disabilities
410.715
Person suffering brain injury to be considered person with disability
410.720
Mental health and addiction services for senior citizens and persons with disabilities
410.730
Self-Sufficiency Trust Fund
410.732
Disabilities Trust Fund
410.740
Oregon Deaf and Hard-of-Hearing Services Program
410.851
Policy on patient-based reimbursement system for long term care facilities
410.890
Civil penalty
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