ORS 410.619¹
Home care and personal support workers not state employees
  • exception

(1) A home care worker or personal support worker who is not otherwise employed by the Home Care Commission, the Department of Human Services, the Oregon Health Authority, an area agency or a support services brokerage shall not be deemed to be an employee of the state, whether or not the state selects the home care worker or personal support worker for employment or exercises any direction or control over the home care worker or personal support worker, for the purpose of the state’s liability for the actions of the home care worker or personal support worker.

(2) The state shall be deemed an employer of home care workers or personal support workers for the purposes of:

(a) ORS 410.605 (Private pay home care worker program), 410.606 (Referral of qualified individuals on home care registry), 410.612 (Collective bargaining) and 410.614 (Rights of home care and personal support workers); and

(b) ORS chapter 657, except as provided in ORS 657.730 (Workforce and labor market information system) (4). [Formerly 411.159; 2014 c.116 §10; 2017 c.307 §4; 2018 c.75 §17]

Note: The amendments to 410.619 (Home care and personal support workers not state employees) by section 53, chapter 700, Oregon Laws 2019, become operative January 1, 2022. See section 63, chapter 700, Oregon Laws 2019. The text that is operative on and after January 1, 2022, is set forth for the user’s convenience.

410.619 (Home care and personal support workers not state employees). (1) A home care worker or personal support worker who is not otherwise employed by the Home Care Commission, the Department of Human Services, the Oregon Health Authority, an area agency or a support services brokerage shall not be deemed to be an employee of the state, whether or not the state selects the home care worker or personal support worker for employment or exercises any direction or control over the home care worker or personal support worker, for the purpose of the state’s liability for the actions of the home care worker or personal support worker.

(2) The state shall be deemed an employer of home care workers or personal support workers for the purposes of:

(a) ORS 410.605 (Private pay home care worker program), 410.606 (Referral of qualified individuals on home care registry), 410.612 (Collective bargaining) and 410.614 (Rights of home care and personal support workers) and ORS chapter 657B; and

(b) ORS chapter 657, except as provided in ORS 657.730 (Workforce and labor market information system) (4).

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 (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 410, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano410.­html (2019) (last ac­cessed May 16, 2020).
 
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. Currency Information