Or. Admin. Code § 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.
Notes
Stat. Auth.: ORS 410.602
Stats. Implemented: ORS 410.595-625
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