ORS 410.619
Home care and personal support workers not state employees

  • exception

(1)

A home care worker or personal support worker who is not otherwise employed by the Home Care Commission, the Department of Human Services, the Oregon Health Authority, an area agency or a support services brokerage shall not be deemed to be an employee of the state, whether or not the state selects the home care worker or personal support worker for employment or exercises any direction or control over the home care worker or personal support worker, for the purpose of the state’s liability for the actions of the home care worker or personal support worker.

(2)

The state shall be deemed an employer of home care workers or personal support workers for the purposes of:

(a)

ORS 410.605 (Private pay home care worker program), 410.606 (Referral of qualified individuals on home care registry), 410.612 (Collective bargaining) and 410.614 (Rights of home care and personal support workers); and

(b)

ORS chapter 657, except as provided in ORS 657.730 (Workforce and labor market information system) (4). [Formerly 411.159; 2014 c.116 §10; 2017 c.307 §4; 2018 c.75 §17]
Note: The amendments to 410.619 (Home care and personal support workers not state employees) by section 53, chapter 700, Oregon Laws 2019, become operative January 1, 2023. See section 63, chapter 700, Oregon Laws 2019, as amended by section 1, chapter 30, Oregon Laws 2021, and section 6a, chapter 639, Oregon Laws 2021. The text that is operative on and after January 1, 2023, is set forth for the user’s convenience.
410.619 (Home care and personal support workers not state employees). (1) A home care worker or personal support worker who is not otherwise employed by the Home Care Commission, the Department of Human Services, the Oregon Health Authority, an area agency or a support services brokerage shall not be deemed to be an employee of the state, whether or not the state selects the home care worker or personal support worker for employment or exercises any direction or control over the home care worker or personal support worker, for the purpose of the state’s liability for the actions of the home care worker or personal support worker.

(2)

The state shall be deemed an employer of home care workers or personal support workers for the purposes of:

(a)

ORS 410.605 (Private pay home care worker program), 410.606 (Referral of qualified individuals on home care registry), 410.612 (Collective bargaining) and 410.614 (Rights of home care and personal support workers) and ORS chapter 657B; and

(b)

ORS chapter 657, except as provided in ORS 657.730 (Workforce and labor market information system) (4).

Source: Section 410.619 — Home care and personal support workers not state employees; exception, 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
Green check means up to date. Up to date