2015 ORS 410.600¹
Definitions for ORS 410.595 to 410.625

As used in ORS 410.595 (Legislative intent and findings) to 410.625 (Authority of commission):

(1) "Activities of community inclusion" includes but is not limited to volunteer activities, employment, development of community life skills and participation in social and recreational community events.

(2) "Activities of daily living" includes but is not limited to the following:

(a) Bathing and personal hygiene;

(b) Dressing and grooming;

(c) Eating;

(d) Mobility;

(e) Bowel and bladder management; and

(f) Cognition.

(3) "Adult support services" means individually determined services, activities and purchases, whether those services, activities and purchases are necessary for an individual to live in the individual’s own home or the individual’s family’s home or to fully participate in community life or work, that:

(a) Complement existing services, activities or purchases available to the individual;

(b) Are designed, selected and managed by the individual or the individual’s legal representative;

(c) Are provided in accordance with an individualized plan; and

(d) Allow individuals to choose and have control over services and life goals.

(4) "Area agency" has the meaning given that term in ORS 410.040 (Definitions for ORS 410.040 to 410.300, 410.320 and 410.619).

(5) "Commission" means the Home Care Commission established and operated pursuant to section 11, Article XV of the Oregon Constitution, and ORS 410.595 (Legislative intent and findings) to 410.625 (Authority of commission).

(6) "Elderly person" has the meaning given that term in ORS 410.040 (Definitions for ORS 410.040 to 410.300, 410.320 and 410.619).

(7) "Home care registry" means the registry described in ORS 410.604 (Duties of commission) (1)(d).

(8) "Home care services" means assistance with activities of daily living, activities of community inclusion and self-management provided by a home care worker for an elderly person or a person with a disability.

(9) "Home care worker" means:

(a) A person:

(A) Who is hired or selected by an elderly person or a person with a physical disability or by a parent or guardian of an elderly person or a person with a physical disability;

(B) Who receives moneys from the Department of Human Services for the purpose of providing care to the elderly person or the person with a physical disability;

(C) Whose compensation is funded in whole or in part by the department, an area agency or other public agency; and

(D) Who provides either hourly or live-in home care services;

(b) A personal support worker; or

(c) A person who provides home care services to private payers through the program described in ORS 410.605 (Private pay home care worker program).

(10) "Payment rates" means the cost to a private payer to purchase home care services through the program described in ORS 410.605 (Private pay home care worker program).

(11) "Person with a disability" means a person with a physical disability, developmental disability or mental illness.

(12) "Personal support worker" means a person:

(a) Who is hired or selected by a person with a developmental disability or mental illness or a parent or guardian of a person with a developmental disability or mental illness;

(b) Who receives moneys from the department for the purpose of providing care to the person with a developmental disability or mental illness;

(c) Whose compensation is provided in whole or in part through the department, a support services brokerage or other public agency; and

(d) Who provides home care services in the home or community.

(13) "Private pay home care worker" means a home care worker who provides home care services purchased from the commission by a private payer through the program described in ORS 410.605 (Private pay home care worker program).

(14)(a) "Private payer" means an individual who purchases from the commission home care services that are not otherwise covered by the medical assistance program.

(b) "Private payer" does not include the Home Care Commission, the Department of Human Services, the Oregon Health Authority, an area agency or a support services brokerage.

(15) "Self-management" includes but is not limited to the following activities, other than activities of daily living, required by an individual to continue living independently in the individual’s own home:

(a) Medication and oxygen management;

(b) Transportation;

(c) Meal preparation;

(d) Shopping; and

(e) Client-focused general household work.

(16) "Support services brokerage" means an entity that performs the functions associated with the planning and implementation of adult support services, including the provision of services and the arrangement of activities and purchases, for the purpose of maximizing individual choice and self-determination for persons with developmental disabilities or mental illnesses. [2001 c.901 §1; 2003 c.14 §177; 2007 c.70 §178; 2010 c.100 §6; 2014 c.116 §5]

Chapter 410

Notes of Decisions

Agency rules making place­ment of handicapped and elderly per­sons factor of their primary service needs and providing for different residential facilities to accommodate per­sons with different needs were consistent with pro­vi­sions of this chapter in effect at time peti­tioner, who was mentally retarded, was refused place­ment at facility which primarily served elderly. Dempsey v. Senior Services Division, 92 Or App 163, 758 P2d 367 (1988)


1 Legislative Counsel Committee, CHAPTER 410—Senior and Disability Services, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors410.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 410, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano410.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.