Or. Admin. Code § 410-172-0800 - Personal Care Attendant Employer-Employee Relationship

(1) To be eligible for the BH PCA program, the individual or the individual's consumer-employer representative shall demonstrate the ability to perform the following consumer-employer responsibilities:

(a) Locate, screen and hire a qualified PCA provider;

(b) Supervise and train a PCA provider;

(c) Schedule work hours, leave and coverage;

(d) direct the PCA provider in the provision of personal care services;

(e) Verify the authorized hours completed by a PCA provider through an Authority approved electronic visit verification (EVV) method if required;

(f) Recognize, discuss, and attempt to correct any performance deficiencies with the provider and provide appropriate, progressive disciplinary action as needed;

(g) Discharge a provider who does not perform PCA tasks in compliance with these rules; and

(h) Comply with all federal and state laws related to employer responsibilities, including ensuring a safe work environment.

(2) An individual may designate a consumer-employer representative to act on their behalf to meet the employer responsibilities in section (1) of this rule. An individual's legal representative may be designated as the individual's consumer-employer representative.

(3) The division may deny an individual's designation of a consumer-employer representative if the representative has:

(a) A history of a substantiated abuse of an adult as described in OAR chapter 411, division 20, OAR chapter 407, division 45, or OAR chapter 943 division 45;

(b) A history of founded abuse of a child as described in ORS 419 B.005;

(c) Participated in excessive billing, outside of services approved in the individual's service plan, or fraudulent charges; or

(d) Failed to meet the consumer-employer responsibilities, including previous termination for failure to meet the employer responsibilities in section (1) of this rule.

(4) An individual may select another consumer-employer representative if the division suspends, terminates or denies an individual's designation of consumer-employer representative.

(5) Termination and the grounds for termination of employment are determined by an individual or the individual's representative.

(a) An individual may terminate an employment relationship with a provider at any time and for any reason.

(b) An individual shall must establish an employment agreement at the time of hire.

(c) The employment agreement may include grounds for dismissal, notice of resignation, work scheduling and absence reporting.

(6) An individual who is unable to meet the employer responsibilities in section (1) of this rule may be determined ineligible for the BH PCA program. If this occurs the PCA service coordinator is responsible for assessing for other appropriate program eligibility and referrals to other community resources.

(7) An individual with a legal representative shall have a representative for person-centered service planning purposes. A legal representative may designate themselves the individual's consumer-employer representative or another to act in their stead.

Notes

Or. Admin. Code § 410-172-0800

DMAP 85-2014(Temp), f. 12-24-14, cert. ef. 1-1-15 thru 6-29-15; DMAP 32-2015, f. 6-24-15, cert. ef. 6/26/2015;DMAP 36-2021, temporary amend filed 09/14/2021, effective 9/14/2021 through 3/12/2022; DMAP 38-2022, amend filed 03/23/2022, effective 3/23/2022

Statutory/Other Authority: ORS 413.042 & 430.640

Statutes/Other Implemented: ORS 413.042, 414.025, 414.065, 430.640, 430.705 & 430.715