Oregon Revised Statutes
The Legislative Assembly finds and declares that, in keeping with the traditional concept of the inherent dignity of the individual in our democratic society, the older citizens of this state are entitled to enjoy their later years in health, honor and dignity, and citizens with disabilities are entitled to live lives of maximum freedom and independence. Th…
In carrying out the policies stated in ORS 410.010, the state shall: Coordinate the effective and efficient provision of community services to older citizens and citizens with disabilities so that the services will be readily available to the greatest number over the widest geographic area; assure that information on these services is available in each loca…
The Legislative Assembly of the State of Oregon finds the following regarding older citizens and citizens with disabilities: That there are many older Oregonians and Oregonians with disabilities who face difficulties in maintaining self-care and independent living within the mainstream of life, and who have not yet exhausted their financial resources. These…
As used in ORS 409.010, 410.040 to 410.300, 410.320 and 410.619: “Appropriate living arrangement” means any arrangement for an elderly person or a person with a disability in a residential setting which is appropriate for the person considering, in order of priority, the following criteria: The desires and goals of the person; The right of the person to l…
The State of Oregon finds: That the needs of the elderly population can be best served and planned for at the local community level; That a longer life expectancy and a growing elderly population demands services be provided in a coordinated manner and a single local agency system for such services be instituted; That local resources and volunteer help wi…
It is the policy of the State of Oregon that persons with disabilities served by the Department of Human Services shall also receive necessary services, as appropriate for their needs, from other state agencies. In carrying out the provisions in subsection (1) of this section, the Department of Human Services shall negotiate interagency agreements and coord…
The Department of Human Services shall develop a comprehensive plan for Oregon’s long term care system for seniors and persons with physical disabilities. In developing the comprehensive plan, the department shall work with stakeholders, advocates for seniors and advocates for persons with physical disabilities. The comprehensive plan must include recommen…
The Department of Human Services shall: Serve as the central state agency with primary responsibility for the planning, coordination, development and evaluation of policy, programs and services for elderly persons and persons with disabilities in Oregon. Function as the designated state unit on aging, as defined in the Older Americans Act of 1965. With th…
The Department of Human Services shall: Adopt by rule a methodology for determining biennial budget levels for type B area agencies for planning and administering programs for elderly persons and persons with disabilities that: Includes both direct and indirect costs; and Results in a budget level for each type B area agency that is not less than 95 perce…
Before adopting the rules described in ORS 410.072, the Department of Human Services shall consult with representatives of type B area agencies. Note: 410.074 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 410 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further …
The Department of Human Services or the Oregon Health Authority may take title to real and personal property in performing its duties under ORS 411.630, 411.708, 411.795, 416.310 and 416.350. Title shall be taken in the name of the department or the authority. The department or the authority may convey the property by deed or other appropriate conveyance und…
The Department of Human Services is the designated single state agency for all federal programs under ORS 409.010 and 410.040 to 410.300 except that the Oregon Health Authority is the single state agency responsible for supervising the administration of all programs funded by Title XIX or Title XXI of the Social Security Act as provided in ORS 413.032 (1)(i)…
The Department of Human Services is directed to develop and place in effect a program of supportive social services for persons age 60 or older. The Department of Human Services is authorized to develop and adopt such rules as necessary for the sound, efficient and economical administration of the provisions of this section and ORS 410.320 to 410.340, inclu…
In the event that a local government withdraws the designation of an area agency, or the Department of Human Services withdraws the area agency designation in accordance with the Older Americans Act, the department shall administer the services to clients previously performed by the area agency until a new area agency is designated. The department may withd…
There is established in the General Fund of the State Treasury an account to be known as the Senior and Disabled Services Account. All moneys in the Senior and Disabled Services Account are continuously appropriated for and shall be used by the Department of Human Services for the respective purposes authorized by law. The moneys in the Senior and Disabled S…
The Department of Human Services shall make and enforce rules governing the custody, use and preservation of the records, papers, files and communications by any other agency or department of government or person to which the records may be furnished. Use shall be limited to the purposes for which the records are furnished and by the provisions of the law un…
For the protection of applicants for and recipients of services, the Department of Human Services shall not disclose or use the contents of any records, files, papers or communications for purposes other than those directly connected with the administration of the laws of Oregon, and these records, files, papers and communications are considered confidential…
Nothing in ORS 409.010 and 410.040 to 410.300 extends estate claims requirements and procedures related to certain Title XIX services under current Oregon statutes and federal regulations to other services.
In carrying out the reimbursement system stated in the state policy on long term care reimbursement, the Department of Human Services shall develop, publish and make available an audit manual. The audit manual shall include clear guidelines on costs that are approved for reimbursement. Note: 410.180 and 410.190 were enacted into law by the Legislative Assem…
Notwithstanding ORS 8.690, 9.160, 9.320 or 203.145 or ORS chapter 180 or other law, in any contested case proceeding before the Department of Human Services, a party that is not a natural person may be represented by an attorney or by any officer or authorized agent or employee of the party. Note: See note under 410.180. (Area Agencies)
Each area agency shall have an area agency advisory council, with members appointed by the area agency board. For a type A area agency, membership of the council shall include consumers of services provided primarily to elderly persons under Department of Human Services programs, including low income and minority persons. A type B area agency that serves e…
Each area agency may use, with the consent of state and municipal departments and agencies, their services, equipment, facilities and personnel, and pay therefor, within the limits of its resources, as agreed between the agencies and cooperate with other public and private agencies as to the use of services, equipment and facilities.
Nothing in ORS 409.010 and 410.040 to 410.300 requires an area agency or local governmental unit to expend local funds for the purpose of maintaining or expanding services to elderly persons and persons with disabilities. (Type A Agencies)
On and after October 1, 1981, a type A area agency shall operate in the same manner as it operated with local administrative responsibility for Title III of the Older Americans Act and Oregon Project Independence before October 1, 1981. Nothing in ORS 409.010 and 410.040 to 410.300 requires a type A area agency to become a type B area agency.
Each type A area agency shall: Conduct local planning functions for Title III of the Older Americans Act and Oregon Project Independence. Develop a local plan for service delivery that complies with federal and state requirements and is in accord with locally determined objectives consistent with the state policy on aging. This plan shall be reviewed and a…
A local government shall be responsible for all actions of a type B area agency in its jurisdiction, including but not limited to the accountability for funds and compliance with federal and state laws and rules. Such responsibility shall include all geographic areas in which the type B area agency is designated to operate. The respective local government s…
Each type B area agency shall: Comply with the provisions of ORS 410.250 (1) and (3) to (10). Conduct local planning functions for Title XIX of the Social Security Act. Develop a local plan for service delivery subject to review and approval by the Department of Human Services and the responsible unit of local government that complies with federal and sta…
Prior to the designation of an area agency as a type B area agency, the area agency, the responsible unit of local government and the Department of Human Services must jointly agree upon a plan under which the area agency will operate. The plan described in subsection (1) of this section shall: Establish an administrative structure and qualifications for k…
The Director of Human Services may delegate the following functions pertaining to regulation of adult foster homes for elderly persons and persons with disabilities to a type B area agency: Conducting inspections and issuing and renewing licenses under ORS 443.735; Investigating complaints under ORS 443.765; and Other regulatory functions designated by th…
A type B area agency may contract with the Department of Human Services for services of state employees or have such employees transferred to employment by the area agency by transfer agreement. State employees whose services have been contracted to a type B area agency shall be supervised for program purposes by the area agency. If state employees are tra…
The Governor’s Commission on Senior Services is created. The commission shall consist of at least 21 members appointed by the Governor for terms of three years. Prior to making appointments, the Governor shall request and consider recommendations from the area agencies and other interested senior organizations. The Governor shall designate a member to serve…
In addition to the members of the Governor’s Commission on Senior Services appointed under ORS 410.320, the President of the Senate shall appoint one member from the Senate and the Speaker of the House of Representatives shall appoint one member from the House of Representatives. If the Speaker of the House of Representatives or the President of the Senate i…
In case of a vacancy on the Governor’s Commission on Senior Services, the appointing authority shall appoint a successor for the remainder of the unexpired term. OREGON PROJECT INDEPENDENCE
As used in ORS 410.410 to 410.480: “Authorized agency” means any organization designated by the Department of Human Services as an area agency on aging. “Authorized service” means any service described in ORS 410.420 (1) and designated by the department by rule to be eligible for Oregon Project Independence funding. “Service provider” means any agency or …
Funds appropriated for Oregon Project Independence shall be expended for home care supportive services including in-home or community-based services that assist an individual in achieving the greatest degree of independent functioning in the individual’s home. Funds appropriated for Oregon Project Independence may be expended for the following services: Se…
The Oregon Project Independence Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Project Independence Fund shall be credited to the Oregon Project Independence Fund. Moneys in the Oregon Project Independence Fund at the end of a biennium are retained in the Oregon Project Independence Fund …
Except as provided in ORS 410.422, the funds available for purposes of ORS 410.410 to 410.480 shall be kept in separate accounts in the General Fund. One account shall be used for funds appropriated for persons otherwise eligible who are 60 years of age or older. The other account shall be used for funds appropriated for persons otherwise eligible who have A…
In order to qualify for authorized services from an authorized agency or service provider, each client must: Be 60 years of age or older or have been diagnosed as having Alzheimer’s disease or a related disorder; Not be receiving financial assistance from the Department of Human Services, except supplemental nutrition assistance and limited Medicare reimbu…
Notwithstanding ORS 410.430 and subject to the conditions described in subsection (2) of this section, the Department of Human Services shall adopt rules expanding the eligibility requirements of Oregon Project Independence to cover persons 19 years of age or older with physical disabilities. The department may not adopt the rules expanding Oregon Project I…
Eligible clients shall receive authorized services on a priority basis, with highest priorities receiving services first. Priority for receipt of authorized services shall be: Clients already receiving authorized service as long as their condition indicates services are needed. Clients who are to be placed immediately in an institution if needed authorize…
Eligibility determinations and determinations of services for Oregon Project Independence shall be made in accordance with rules of the Department of Human Services. Eligibility for authorized services shall be based on each client’s financial, physical, functional, medical and social need for such services. Clients who appear eligible for services provide…
Allowable costs by authorized agencies are those associated with the direct provision of services to clients and such administrative costs as may be required to assure adequate services and to provide information to the Department of Human Services.
The Department of Human Services shall establish fees for authorized services after consultation with authorized agencies. The fees may differ for different areas and for different income levels. Fees established under subsection (1) of this section shall be charged to all clients. A record of all fees collected under subsection (1) of this section shall b…
Each authorized agency and service provider shall maintain books, records, documents and accounting procedures which reflect costs and such other activities as the Department of Human Services may require. The books, records and documents shall be made available to the department upon request. Each authorized agency shall submit to the department an audit o…
The Legislative Assembly finds that there is a need for the Department of Human Services to promote the availability of adult day care services and that flexibility in the combination of adult day care with other community-based services gives individuals who would otherwise be placed in restrictive care settings a greater variety of choices.
To provide greater flexibility and availability of services, the Department of Human Services shall apply for waiver of federal statutory and regulatory requirements to make adult day care services available under ORS chapter 414. The Department of Human Services shall adopt rules consistent with the rules adopted under ORS 410.495, that include a provision…
The Department of Human Services shall develop a registry of all adult day care programs in Oregon. The department shall adopt rules, to be followed voluntarily, substantially consistent with standards established by the Oregon Association of Adult Day Care Services regarding adult day care programs. Each program in the registry shall indicate for inclusion…
As used in ORS 410.505 to 410.545: “Admission assessment” means a professional program that provides an assessment of the long term care needs of persons applying for or considering admission to an intermediate care facility or who have remained in a skilled nursing facility for more than 30 days, and who are not or do not appear to be Medicaid eligible. Th…
For reasons stated in ORS 410.030 (2), the Department of Human Services shall establish a procedure for assessment of the long term care needs of each person making application for admission to an intermediate care facility and for each person who remains in a skilled nursing facility for more than 30 days.
Prior to admission to an adult foster home, as defined in ORS 443.705, a residential care facility, as defined in ORS 443.400, an assisted living facility or a nursing facility that is not Medicaid certified, the person seeking admission shall be advised by the facility of the availability of admission assessment services at the person’s own expense and shal…
Subject to subsection (2) of this section, admission screening shall occur: Before admission to an intermediate care facility; and Within seven days following the 30th day from admission to a skilled nursing facility. Subsection (1) of this section does not apply for the following: Patients transferred from one facility to another providing the same leve…
If the admission assessment is performed by a certified program, the program shall disclose to the person receiving the assessment any portion of the fee that may be charged to that person, and shall inform the person of the right of the person to receive an assessment from the Department of Human Services or an area agency on aging at no charge. The depart…
The Department of Human Services has the following authority which it may delegate to any program certified by the department to provide assessment services: To provide information and education to the general public, hospitals, nursing facilities, physicians, physician associates, naturopathic physicians and nurses regarding availability of the assessment …
The Department of Human Services shall adopt rules to carry out the provisions of ORS 410.505 to 410.545, including, but not limited to: Granting exceptions to ORS 410.540; and Insuring confidentiality of all client information gathered during the admission assessment process.
Compliance with the provisions of ORS 410.505 to 410.545 shall be a condition for licensure as a nursing facility.
Implementation of ORS 410.505 to 410.545 is subject to federal fund participation of the admission assessment activities specified in ORS 410.510 to 410.530. (Advisory Council)
The Medicaid Long Term Care Quality and Reimbursement Advisory Council is created, to consist of 12 members. Appointed members shall be residents of the State of Oregon and representative of the geographic locations of all long term care facilities and community-based care facilities in this state. The members shall include: The Long Term Care Ombudsman, wh…
The Department of Human Services shall submit to the Medicaid Long Term Care Quality and Reimbursement Advisory Council, for the council’s review and recommendation, any proposed change or modification to the Oregon Medicaid reimbursement system for long term care services and community-based care services. Upon review of any proposed change or modification…
The Department of Human Services and the Oregon Health Authority shall create a dashboard to measure the amount of time it takes the department, the authority and area agencies, as defined in ORS 410.040, to complete eligibility determinations for long term care services and supports provided through the medical assistance program. [2025 c.617 §1] (Temporar…
The Legislative Assembly finds and declares that the interest and welfare of the public are served by the Home Care Commission that operates in accordance with section 11, Article XV of the Oregon Constitution, and ORS 410.595 to 410.625 and also are served by operations that: Do not compromise the resources of elderly persons, persons with physical disabil…
The Home Care Commission shall adopt a statewide plan to: Increase participation in the home care registry maintained by the commission under ORS 410.604; Increase the number of home care workers and personal support workers in this state in order to meet the need that will arise with the implementation of the Fair Labor Standards Act; Continue the commis…
The Department of Human Services, acting on behalf of and subject to the approval of the Home Care Commission, shall adopt by rule minimum training standards for home care workers and personal support workers and shall establish procedures for testing home care workers and personal support workers on their mastery of the skills and knowledge to be acquired t…
As used in ORS 410.595 to 410.625: “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. “Activities of daily living” includes but is not limited to the following: Bathing and personal hygiene; Dressing and gr…
The Home Care Commission is created, consisting of nine members appointed by the Governor and confirmed by the Senate as provided in ORS 171.562 and 171.565. Five members shall be elderly persons or persons with disabilities who are receiving or who have received home care services. One member shall be appointed to represent each of the following entities, o…
The Home Care Commission shall create a Developmental Disabilities and Mental Health Committee. The committee shall provide information and make recommendations to the commission and to the Department of Human Services on: Methods of improving the quality of services available to persons with developmental disabilities or mental illnesses and the family me…
The Home Care Commission shall ensure the quality of home care services by: 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; Conducting orie…
This section establishes a program, administered by the Home Care Commission, to enable private individuals to purchase home care services from the commission through the home care registry. The commission shall administer the program in a manner that: Builds and strengthens the home care workforce that provides home care services to medical assistance reci…
The Department of Human Services, an area agency, other public agency or support services brokerage shall provide to an individual seeking a home care worker or a personal support worker names of qualified individuals, in the appropriate geographic area, who have been placed on the home care registry. The Home Care Commission may adopt criteria for referral…
The Home Care Commission shall convene a subcommittee of the commission to define and establish classifications of home care workers and personal support workers. The classifications shall be based on the worker’s training, level of skill and the scope of the services provided by the worker. The commission shall establish payment rates for each classificati…
An elderly person or a person with a disability who hires a home care worker or personal support worker has the right to select the home care worker or personal support worker, including a family member. An elderly person or a person with a disability who hires a home care worker or personal support worker has the right to terminate the employment of the ho…
For purposes of collective bargaining under ORS 243.650 to 243.809, the Home Care Commission is the employer of record for home care workers and personal support workers. Except as provided in ORS 410.614 and 410.619, home care workers and personal support workers may not be considered to be employees of the State of Oregon, an area agency, a support servic…
Notwithstanding ORS 243.650 (19) and (20), the Home Care Commission shall be considered a public employer and home care workers and personal support workers shall be considered public employees governed by ORS 243.650 to 243.809. Home care workers and personal support workers have the right to form, join and participate in the activities of labor organizati…
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 employme…
In carrying out its duties under ORS 410.595 to 410.625, the Home Care Commission may: Enter into an interagency agreement or a contract with any state agency for the performance of the commission’s duties or the leasing of office space; Provide nonemployee compensation to home care workers and personal support workers or prospective home care workers and …
Notwithstanding ORS 653.295, a noncompetition agreement as defined in ORS 653.295 made in the context of an employment relationship or contract with a home care worker or personal support worker, as defined in ORS 410.600, is voidable by the home care worker or personal support worker and may not be enforced by a court of this state.
A covenant between an employee and an employer not to solicit employees of the employer or solicit or transact business with customers of the employer made in the context of an employment relationship or contract with a home care worker or personal support worker, as defined in ORS 410.600, is voidable by the home care worker or personal support worker and m…
STATE POLICY ON PERSONS WITH DISABILITIES
The Legislative Assembly finds and declares that it is a policy of this state that: All persons regardless of any disability have the right to live their lives with dignity and to participate in society and all state programs to the fullest extent possible. There is a need for education of state employees and the public generally about the capacity of pers…
It is the policy of the state that any person experiencing an injury defined as an injury to the brain caused by extrinsic forces where the injury results in the loss of cognitive, psychological, social, behavioral or physiological function for a sufficient time to affect that person’s ability to perform activities of daily living shall be considered a perso…
It is the policy of this state to provide mental health and addiction services for all Oregon senior citizens and persons with disabilities through a comprehensive and coordinated statewide network of local mental health services and alcohol and drug abuse education and treatment. These services should involve family and friends and be provided in the least …
The Self-Sufficiency Trust Fund is established, separate and distinct from the General Fund, in the State Treasury. Interest earned, if any, shall inure to the benefit of this fund. The purpose of the Self-Sufficiency Trust Fund is to provide a life-care planning option to meet the supplemental service needs of individuals with disabilities by enabling paren…
The Disabilities Trust Fund is established, separate and distinct from the General Fund, in the State Treasury. The purpose of the Disabilities Trust Fund is to provide supplemental services to meet the needs of low income and indigent individuals with disabilities. The State Treasurer shall be custodian of the Disabilities Trust Fund and the Oregon Departm…
The Oregon Deaf and Hard-of-Hearing Services Program is created in the Department of Human Services. The purpose of the program is to assist members of the public and state agencies in making agency programs available and accessible to individuals who are deaf or hard of hearing. The program may also provide the following: Identification and publicity of t…
As used in this section, “brain injury” means damage to the brain from an internal or external source that results in total or partial impairment in critical functions, including but not limited to attention, memory, reasoning, problem solving, processing speed, decision-making, learning, perception, sensing, speech and language, motor and physical function …
During each odd-numbered year regular session of the Legislative Assembly, the Department of Human Services shall report to the Joint Committee on Ways and Means and the committees of the Legislative Assembly related to health or human services, in the manner provided in ORS 192.245, on the: Types of services provided under ORS 410.750; Number of individua…
MISCELLANEOUS
The Legislative Assembly finds and declares that patients admitted to and cared for by long term care facilities in Oregon are more impaired than in the past. In keeping with the traditional commitment of the State of Oregon to the care and protection of its citizens who are frail or elderly or who have disabilities, as expressed in ORS 410.010, the Legislat…
As used in this section: “Assessed hours” means the number of hours of direct support services that the Department of Human Services determines is needed by an individual in a month. “Client” means an individual who enrolls with an agency that provides direct support services to the individual. An agency that employs staff to provide direct support servic…
Violation of ORS 410.520 shall be subject to a civil penalty not to exceed $5,000, imposed in the manner provided in ORS 441.705 to 441.745.
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