Or. Admin. Code § 411-016-0075

Current through Register Vol. 63, No. 10, October 1, 2024

Section 411-016-0075 - [Effective until 11/26/2024] Consumer-Employer Responsibilities

(1) CONSUMER-EMPLOYER RESPONSIBILITIES. To be eligible for OPI-M in-home services provided by a homecare worker, an individual or the individual's representative must be able to:

(a) Locate, screen, and hire a qualified homecare worker;

(b) Supervise and train the homecare worker;

(c) Schedule the homecare worker's work, leave, and coverage;

(d) Track the hours worked and verify the authorized hours completed by the homecare worker;

(e) Recognize, discuss, and attempt to correct any performance deficiencies with the homecare worker;

(f) Discharge an unsatisfactory homecare worker; and

(g) Follow all employer responsibilities required by law to ensure the workplace is safe from harassment.

(2) The Department may require individuals who have failed to meet the responsibilities in section (1) of this rule to designate a representative to exercise these responsibilities. A representative of an individual may not be a homecare worker providing In-Home services to the individual.

(a) Individuals who have failed to meet the responsibilities in section (1) of this rule and who do not have a representative are ineligible for in-home services provided by a homecare worker.

(b) Individuals must also be offered other available OPI-M service options to meet the individual's service needs.

(3) An individual determined ineligible for in-home services provided by a homecare worker and who does not have a representative may request in-home services provided by a homecare worker at the individual's next re-assessment, but no sooner than 12 months from the date the individual was determined ineligible.

(a) To reestablish eligibility for in-home services provided by a homecare worker, an individual must attend training and acquire, or otherwise demonstrate, the ability to meet the employer responsibilities in section (1) of this rule. Improvements in health and cognitive functioning, for example, may be factors in demonstrating the individual's ability to meet the employer responsibilities in section (1) of this rule.

(b) If the Department determines an individual may not meet the individual's employer responsibilities, the Department may require the individual to appoint an acceptable representative.

(4) The Department retains the right to approve the representative selected by an individual. Approval may be based on, but is not limited to, the representative's criminal history, protective services history, or credible allegations of fraud or collusion in fraudulent activities involving a public assistance program.

(5) If an individual's representative is unable to meet the employer responsibilities of section (1) of this rule, or the Department does not approve the representative, the individual must designate a different representative or select other available services.

(6) An individual with a history of credible allegations of fraud or collusion in fraud with respect to in-home services is not eligible for in-home services provided by a homecare worker.

(7) REPRESENTATIVE.

(a) The Department may require that an individual obtain a representative to act as the consumer-employer or for service planning purposes.

(b) The Department, or the Department's designee, may deny an individual's request for any representative if the representative has a history of a substantiated adult protective service complaint as described in OAR chapter 411, division 020. The individual may select another representative.

(c) An individual with a guardian must have a representative to act as the consumer-employer and for service planning purposes. A guardian may designate themselves as the representative.

(d) A representative may not be a paid caregiver for the individual they are representing.

Or. Admin. Code § 411-016-0075

APD 22-2024, temporary adopt filed 05/20/2024, effective 5/31/2024 through 11/26/2024

Statutory/Other Authority: ORS 410.070

Statutes/Other Implemented: ORS 410.060, 410.070 & 414.065