Or. Admin. Code § 418-020-0020 - Qualifications for Homecare and Personal Support Workers and Personal Care Attendants

(1) Minimum Qualifications.

(a) Submit a complete application and provider enrollment agreement.

(b) Pass an ODHS background check and cooperate with a recheck every two years or when requested.

(c) Be capable of performing essential functions to safely provide necessary services or be capable of learning essential functions to safely provide necessary services.

(d) Be 18 years of age or older.

(e) Attend orientation.

(f) Complete mandated core training within specified timelines.

(g) Complete and pass mandated orientation and core training competency evaluations.

(h) Complete mandated continuing education within the specified timelines.

(i) Meet applicable provider enrollment requirements outlined in OAR chapter 411, division 31 (homecare workers), OAR chapter 411, division 375 (personal support workers), or OAR chapter 410, division 172 (personal care attendants).

(2) Provider Orientation. Orientation must:

(a) Occur on a frequent basis to prevent delays in a provider's enrollment or continued employment as a provider.

(b) Include a presentation and materials created or approved by the Commission and ODHS or OHA.

(c) Include information on the following topics:

(A) Abuse and mandatory reporting.

(B) Confidentiality.

(C) Consumer rights.

(D) Medication safety.

(E) Preventing Medicaid fraud.

(F) Providing person-centered services.

(G) Universal precautions and infection control.

(H) Provider requirements, roles, and responsibilities.

(I) Other information ODHS or the Commission deems appropriate for the professionalization of the provider workforce.

(J) The Commission reserves the right to remove training topics listed in OAR 418-020-0020(3)(c)(A) through (I) if it is deemed necessary.

(d) Be culturally-appropriate for applicants of all language abilities.

(A) If orientation is not available in the applicant's preferred language, interpreter services shall be made available.

(B) Orientation presentation and materials shall be culturally appropriate and accessible to applicants in their preferred language. Reasonable efforts shall be made to accommodate language requests when there is adequate demand for the presentation and materials in the preferred language.

(e) Provide reasonable accommodations in accordance with Title II of the Americans with Disabilities Act for applicants who experience a disability.

(f) Allow the Union to make presentations to potential members at orientations, at a mutually agreeable time, in accordance with the current collective bargaining agreement.

(g) Effective September 1, 2021, an applicant is required to complete a minimum of a four-hour orientation, or online equivalency, and pass a competency evaluation prior to the issuance of a provider number and shall not be authorized to work until complete.

(A) An applicant may be granted an exception to begin working prior to attending orientation and passing a competency evaluation under the following circumstances:

(i) The applicant is selected by a specific consumer-employer or common law employer and the applicant's delayed enrollment poses an immediate risk to the individual's health and safety;

(ii) Orientation is not readily accessible; and

(iii) The applicant has met the enrollment criteria described in OAR 418-020-0020(1)(a) through (i).

(B) Requests for exceptions shall be submitted to the Oregon Home Care Commission by the local APD or AAA service delivery office or case management entity for approval.

(i) The Commission shall approve or deny the request within one business day.

(ii) If an exception is approved by the Oregon Home Care Commission, the provider shall attend orientation within 120 days of enrollment. Providers who fail to attend orientation within the specified timeline shall not be authorized to work.

Notes

Or. Admin. Code § 418-020-0020

HCC 1-2014, f. 11-26-14, cert. ef. 12/1/2014; HCC 1-2019, amend filed 06/21/2019, effective 7/1/2019; HCC 1-2020, amend filed 12/18/2020, effective 1/1/2021; HCC 2-2022, amend filed 10/12/2022, effective 10/14/2022

Statutory/Other Authority: ORS 410.602

Statutes/Other Implemented: ORS 410.603, 410.604 & OL 2018 ch. 75