OAR 411-003-0005. Definitions

For the purpose of these rules, the following definitions apply: (1) “Certification” means that the individuals have completed and passed background checks, successfully completed all training requirements that are relevant to the position and to the health and safety of workers and individuals receiving care, including but not limited to requirements adopted by the Department under ORS 410.598 and 443.011. (2) “Home or community-based services caregiver” or “caregiver” means: (a) A home care worker; (b) An individual who provides in-home care services as an employee of or under an arrangement or contract with an in-home care agency; or (c) An individual who is a direct care staff person or a universal worker in a residential care facility, as defined in OAR 411-054-0005, including an assisted living facility, a residential care facility, an assisted living facility with a memory care endorsement, or a residential care facility with a memory care endorsement as defined in OAR 411-057-0110. (3) “Department” means the Oregon Department of Human Services. (4) “Employer” means: (a) An in-home care agency as defined in ORS 443.305 that hires, enters into an arrangement with, or contracts with a caregiver to provide in-home care services. (b) The Oregon Home Care Commission (OHCC), which serves as the employer of record for collective bargaining for caregivers who are home care workers as defined in ORS 410.600. (c) An owner or operator of a residential care facility or assisted living facility as defined in OAR 411-054-0005, that includes those with a memory care endorsement, that employs caregivers who are direct care staff or universal workers, including a facility with a memory care endorsement as specified by OAR 411-057-0110. (5) “Home care worker” means the term in ORS 410.600, which is 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 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 hourly services; or (e) Who provides home care services to private payers through the program described in ORS 410.605. (6) "In-home care agency” has the meaning given that term in ORS 443.305, which is an agency primarily engaged in providing in-home care services for compensation to an individual in that individual’s place of residence licensed by the Oregon Health Authority. It does not include a home health agency as defined in ORS 443.014. (7) “In-home care agency services” has the meaning given that term in ORS 443.305, which is personal care services furnished by an in-home care agency, or an individual under an arrangement or contract with an in-home care agency, that are necessary to assist an individual in meeting the individual’s daily needs. It does not include curative or rehabilitative services. (8) “Registry” means a centralized repository of caregivers operated by the Oregon Department of Human Services and which makes certain information available to the public, including caregiver name, county of caregiver residence, caregiver certification status, and caregiver criminal records check status through a searchable database. (9) “Substantiated for abuse” has the meaning as defined in chapter 411, division 20.