Oregon Law
Law as of Jan 1, 2026
Chapter contents
410.010State policy for seniors and people with disabilities 410.020Implementation of state policy 410.030Legislative findings on long term care options 410.040Definitions for ORS 410.040 to 410.300, 410.320 and 410.619 410.050General policy 410.060Policy for persons with disabilities served by department 410.065Comprehensive plan for long term care system 410.070Duties of Department of Human Services; elderly persons and persons with disabilities; rules 410.072Determination of annual budget levels for type B area agencies; rules 410.074Consultation with representatives of type B area agencies on rules establishing methodology 410.075Authority of department and Oregon Health Authority to hold title to property; rules 410.080Department as single state agency for specified federal programs; authority as single state agency for Title XIX and Title XXI programs 410.090Department to implement supportive social services for persons age 60 and older; rules 410.100When department to administer area agency programs 410.110[1981 c.784 §24; repealed by 2011 c.720 §228] 410.120Senior and Disabled Services Account 410.125[2005 c.690 §7; repealed by 2008 c.18 §16] 410.130[1981 c.784 §26; repealed by 2001 c.900 §261] 410.140Records; rules 410.150Use of files; confidentiality; privileged communications 410.160Limitation on estate claims 410.180Long term care reimbursement audit manual 410.190Representation of entities in contested case proceedings before department 410.210Area agency advisory councils; membership; duties 410.220Use of state and local resources 410.230Expenditure of local funds not required 410.240Operation of type A agencies 410.250Duties of type A agencies 410.270Operation of type B agencies 410.280Duties of type B agencies 410.290Conditions for designation as type B agency; plan of operation 410.295Authority of type B agency to regulate adult foster homes 410.300Transfer of state employees to type B agency; conditions 410.320Governor’s Commission on Senior Services; LGBTQIA2S+ subcommittee 410.330Legislator members; expenses 410.340Appointments to fill vacancies 410.410Definitions for ORS 410.410 to 410.480 410.420Use of funds for specified services 410.422Oregon Project Independence Fund 410.425Separate accounts for persons age 60 and over and for persons with Alzheimer’s disease or related disorders 410.430Eligibility for authorized services 410.435Expansion of Oregon Project Independence; rules 410.440Priorities for services 410.450Determinations of eligibility; rules 410.460Computation of allowable costs 410.470Fees; collection; records; use 410.480Required record keeping; audit 410.485Legislative findings 410.490Duties of department; rules 410.495Registry for adult day care programs in state; rules 410.505Definitions for ORS 410.505 to 410.545 410.510Establishment of procedure for assessment 410.515Notice of availability of admission assessment services; disclosure form; department to provide services; maximum fees 410.520When assessment to occur; exceptions 410.525Disclosure of fees; waiver of assessment; additional assessment services 410.530Department authority; delegation; advisory committee; rules 410.535Rules 410.540Compliance as condition for licensure 410.545Implementation of ORS 410.505 to 410.545 requires federal funding 410.550Medicaid Long Term Care Quality and Reimbursement Advisory Council; membership; duties 410.555Submission of changes to Medicaid reimbursement system to council; advisory recommendation; approval; report; budget review; rules 410.560Eligibility determination dashboard 410.595Legislative intent and findings 410.596Statewide plan to expand access to skilled home care and personal support workforce 410.598Training and testing for home care workers and personal support workers; rules 410.600Definitions for ORS 410.595 to 410.625 410.602Home Care Commission; membership; rules 410.603Developmental Disabilities and Mental Health Committee 410.604Duties of commission; executive director 410.605Private pay home care worker program; rules 410.606Referral of qualified individuals on home care registry 410.607Home care and personal support worker classifications and payment rates 410.608Selection of home care or personal support worker; right to terminate employment; eligibility determination made by Department of Human Services 410.610[1981 c.183 §1; 1987 c.428 §27; 1989 c.721 §50; renumbered 124.050 in 1995] 410.612Collective bargaining 410.614Rights of home care and personal support workers 410.619Home care and personal support workers not state employees; exception 410.620[1981 c.183 §2; renumbered 124.055 in 1995] 410.625Authority of commission; budget 410.630[1981 c.183 §3; renumbered 124.060 in 1995] 410.631Noncompetition agreements voidable by home care worker and personal support worker 410.632Certain covenants between employer and home care worker or personal support worker voidable by worker 410.640[1981 c.183 §4; 1983 c.434 §3; renumbered 124.065 in 1995] 410.650[1981 c.183 §5; 1983 c.434 §1; 1983 c.740 §139; renumbered 124.070 in 1995] 410.660[1981 c.183 §6; renumbered 124.075 in 1995] 410.670[1981 c.183 §7; 1987 c.428 §28; renumbered 124.080 in 1995] 410.680[1981 c.183 §8; 1985 c.651 §1; renumbered 124.085 in 1995] 410.690[1981 c.183 §9; 1983 c.434 §2; 1985 c.651 §2; renumbered 124.090 in 1995] 410.700[1981 c.183 §10; renumbered 124.095 in 1995] 410.710State policy on persons with disabilities 410.715Person suffering brain injury to be considered person with disability 410.720Mental health and addiction services for senior citizens and persons with disabilities 410.730Self-Sufficiency Trust Fund; rules 410.732Disabilities Trust Fund; rules 410.740Oregon Deaf and Hard-of-Hearing Services Program; advisory committee 410.750Department of Human Services to provide services to individuals with brain injuries; Brain Injury Advisory Committee 410.751Reports to Legislative Assembly 410.850[1985 c.647 §2; repealed by 1987 c.523 §1 (410.851 enacted in lieu of 410.850)] 410.851Policy on patient-based reimbursement system for long term care facilities; rules 410.855Agencies that provide direct support services 410.890Civil penalty 410.990[1981 c.183 §12; 1999 c.1051 §177; renumbered 124.990 in 2001]

Chapter 410 — Senior and Disability Services

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, 410.606, 410.612 and 410.614 and ORS chapter 657B; and

(b)

ORS chapter 657, except as provided in ORS 657.730 (4).

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Provenance

Version history

2026-01-01

2025 Oregon Revised Statutes — official online source