Or. Admin. Code § 418-040-0050

Current through Register Vol. 63, No. 12, December 1, 2024

Section 418-040-0050 - Participant and Provider Employment Relationship

(1) The relationship between a provider and a program participant is that of employee and employer. Participants are required to meet the employer responsibilities described in OAR 418-040-0020(1)(g)(A)-(H).

(2) Homecare Choice providers are not state employees and are not entitled to state funded benefits, including participation in the Public Employees Retirement System or the Oregon Public Service Retirement Plan.

(3) Participants must establish the terms of an employment relationship with a provider at the time of hire.

(a) The terms of employment may include dismissal or resignation notice, work scheduling, absence reporting, and whether sleeping arrangements or meals are provided to employees.

(b) A participant has the right to terminate an employment relationship with a provider at any time and for any reason.

(4) Unless permission has been granted through the court, a participant's legal guardian may not be paid as the individual's Homecare Choice provider and serve as the employer.

Or. Admin. Code § 418-040-0050

HCC 1-2016, f. 6-13-16, cert. ef. 6/20/2016

Stat. Auth.: ORS 410.602

Stats. Implemented: ORS 410.595-625