(1) "Activities of community inclusion" includes but is not limited to volunteer activities, employment, development of community life skills and participation in social and recreational community events.
(2) "Activities of daily living" includes but is not limited to the following:
(a) Bathing and personal hygiene;
(b) Dressing and grooming;
(c) Eating;
(d) Mobility;
(e) Bowel and bladder management; and
(f) Cognition.
(3) "Adult support services" means individually determined services, activities and purchases, whether those services, activities and purchases are necessary for an individual to live in the individual’s own home or the individual’s family’s home or to fully participate in community life or work, that:
(a) Complement existing services, activities or purchases available to the individual;
(b) Are designed, selected and managed by the individual or the individual’s legal representative;
(c) Are provided in accordance with an individualized plan; and
(d) Allow individuals to choose and have control over services and life goals.
(4) "Area agency" has the meaning given that term in ORS 410.040.
(5) "Commission" means the Home Care Commission established and operated pursuant to section 11, Article XV of the Oregon Constitution, and ORS 410.595 to 410.625.
(6) "Elderly person" has the meaning given that term in ORS 410.040.
(7) "Home care registry" means the registry described in ORS 410.604 (1)(e).
(8) "Home care services" means assistance with activities of daily living, activities of community inclusion and self-management provided by a home care worker or personal support worker for an elderly person or a person with a disability.
(9) "Home care worker" means a person:
(a)(A) Who is hired or selected by an elderly person or a person with a physical disability or by a parent or guardian of an elderly person or a person with a physical disability;
(B) Who receives moneys from the Department of Human Services for the purpose of providing care to the elderly person or the person with a physical disability;
(C) Whose compensation is funded in whole or in part by the department, an area agency or other public agency; and
(D) Who provides either hourly or live-in home care services; or
(b) Who provides home care services to private payers through the program described in ORS 410.605.
(10) "Payment rates" means the cost to a private payer to purchase home care services through the program described in ORS 410.605.
(11) "Person with a disability" means a person with a physical disability, developmental disability or mental illness.
(12) "Personal support worker" means a person:
(a) Who is hired or selected by a person with a developmental disability or mental illness or a parent or guardian of a person with a developmental disability or mental illness;
(b) Who receives moneys from the department for the purpose of providing care to the person with a developmental disability or mental illness;
(c) Whose compensation is provided in whole or in part through the department, a support services brokerage or other public agency; and
(d) Who provides home care services in the home or community.
(13) "Private pay home care worker" means a home care worker who provides home care services purchased from the commission by a private payer through the program described in ORS 410.605.
(14)(a) "Private payer" means an individual who purchases from the commission home care services that are not otherwise covered by the medical assistance program.
(b) "Private payer" does not include the Home Care Commission, the Department of Human Services, the Oregon Health Authority, an area agency or a support services brokerage.
(15) "Self-management" includes but is not limited to the following activities, other than activities of daily living, required by an individual to continue living independently in the individual’s own home:
(a) Medication and oxygen management;
(b) Transportation;
(c) Meal preparation;
(d) Shopping; and
(e) Client-focused general household work.
(16) "Support services brokerage" means an entity that performs the functions associated with the planning and implementation of adult support services, including the provision of services and the arrangement of activities and purchases, for the purpose of maximizing individual choice and self-determination for persons with developmental disabilities or mental illnesses. [2001 c.901 §1; 2003 c.14 §177; 2007 c.70 §178; 2010 c.100 §6; 2014 c.116 §5; 2018 c.75 §4]
Structure 2021 Oregon Revised Statutes
Volume : 11 - Juvenile Code, Human Services
Chapter 410 - Senior and Disability Services
Section 410.010 - State policy for seniors and people with disabilities.
Section 410.020 - Implementation of state policy.
Section 410.030 - Legislative findings on long term care options.
Section 410.040 - Definitions for ORS 410.040 to 410.300, 410.320 and 410.619.
Section 410.050 - General policy.
Section 410.060 - Policy for persons with disabilities served by department.
Section 410.065 - Comprehensive plan for long term care system.
Section 410.072 - Determination of annual budget levels for type B area agencies; rules.
Section 410.100 - When department to administer area agency programs.
Section 410.120 - Senior and Disabled Services Account.
Section 410.180 - Long term care reimbursement audit manual.
Section 410.190 - Representation of entities in contested case proceedings before department.
Section 410.210 - Area agency advisory councils; membership; duties.
Section 410.250 - Duties of type A agencies.
Section 410.270 - Operation of type B agencies.
Section 410.280 - Duties of type B agencies.
Section 410.290 - Conditions for designation as type B agency; plan of operation.
Section 410.295 - Authority of type B agency to regulate adult foster homes.
Section 410.300 - Transfer of state employees to type B agency; conditions.
Section 410.320 - Governor’s Commission on Senior Services.
Section 410.330 - Legislator members; expenses.
Section 410.410 - Definitions for ORS 410.410 to 410.480.
Section 410.420 - Use of funds for specified services.
Section 410.422 - Oregon Project Independence Fund.
Section 410.430 - Eligibility for authorized services.
Section 410.435 - Expansion of Oregon Project Independence; rules.
Section 410.440 - Priorities for services.
Section 410.450 - Determinations of eligibility; rules.
Section 410.470 - Fees; collection; records; use.
Section 410.480 - Required record keeping; audit.
Section 410.490 - Duties of department; rules.
Section 410.495 - Registry for adult day care programs in state; rules.
Section 410.505 - Definitions for ORS 410.505 to 410.545.
Section 410.520 - When assessment to occur; exceptions.
Section 410.525 - Disclosure of fees; waiver of assessment; additional assessment services.
Section 410.530 - Department authority; delegation; advisory committee; rules.
Section 410.595 - Legislative intent and findings.
Section 410.598 - Training and testing for home care workers and personal support workers; rules.
Section 410.600 - Definitions for ORS 410.595 to 410.625.
Section 410.602 - Home Care Commission; membership; rules.
Section 410.603 - Developmental Disabilities and Mental Health Committee.
Section 410.604 - Duties of commission; executive director.
Section 410.605 - Private pay home care worker program; rules.
Section 410.606 - Referral of qualified individuals on home care registry.
Section 410.607 - Home care and personal support worker classifications and payment rates.
Section 410.612 - Collective bargaining.
Section 410.614 - Rights of home care and personal support workers.
Section 410.619 - Home care and personal support workers not state employees; exception.
Section 410.625 - Authority of commission; budget.
Section 410.710 - State policy on persons with disabilities.
Section 410.730 - Self-Sufficiency Trust Fund; rules.
Section 410.732 - Disabilities Trust Fund; rules.
Section 410.740 - Oregon Deaf and Hard-of-Hearing Services Program; advisory committee.
Section 410.851 - Policy on patient-based reimbursement system for long term care facilities; rules.