Oregon legislation · 2025 Legislative Measures
Oregon HB3838: Relating to the Home and Community-Based Services Workforce Standards Board.
Status: Failed, June 27, 2025
Digest: The Act would make new laws about a workforce standards board for some workers in the home and community-based services sector. (Flesch Readability Score: 60.6). Establishes the Home and Community-Based Services Workforce Standards Board. Prescribes the duties of the board. Directs the board to establish minimum working standards for the home and community-based services workforce. Requires the board to take certain actions before adopting proposed minimum standards. Directs certain state agencies to conduct a fiscal impact analysis to determine whether a proposed minimum standard will increase the fiscal obligations of the state, including an increase in Medicaid reimbursement rates. [ Requires the board to submit a written report to the Legislative Assembly regarding any adopted standard that is anticipated to impact the state budget. Provides that any such standard must be ratified by the Legislative Assembly before taking effect. ] Requires the board to report to the Legislative Assembly and to the Governor the increase in funding needed to implement the standard. Provides that a rule establishing a minimum standard may not take effect before the Legislative Assembly has appropriated funding and the board has received approval from the Centers for Medicare and Medicaid Services, if applicable. Permits the Bureau of Labor and Industries to conduct investigations, issue subpoenas, administer oaths, obtain evidence and take testimony to make determinations regarding implementation and compliance with the minimum standards established by the board. Provides remedies for allegations of violations of the minimum standards established by the board. Clarifies that relief may be sought for alleged violations no sooner than 90 days after a rule establishing a minimum standard takes effect. Requires the board to conduct a [ biennial ] quadrennial comprehensive review, including a labor market analysis to infor
What the bill says
From the introduced text, June 16, 2025:
83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session HOUSE AMENDMENTS TO HOUSE BILL 3838 By COMMITTEE ON RULES June On page 1 of the printed bill, line 2, before the period insert "; creating new provisions; and amending ORS 192.670 and 443.517". Delete lines 4 through 21 and delete pages 2 through 7 and insert: "DEFINITIONS "SECTION 1. Definitions. As used in sections 1 to 12 of this 2025 Act: "(1) 'Adult foster home' has the meaning given that term in ORS 443.705. "(2) 'Attendant care services' has the meaning given that term in ORS 427.191. "(3) 'Community-based structured housing' has the meaning given that term in ORS 443.480. "(4) 'Developmental disability child foster home' has the meaning given that term in ORS 443.830. "(5)(a) 'Direct care staff' means employees of an adult foster home, a residential care facility, a residential training facility or a residential training home whose primary responsibilities are to provide personal care services to residents, including but not limited "(B) Coordinating resident-focused activities; "(C) Supervising and supporting residents; "(D) Supporting activities of daily living, including but not limited to bathing, dressing, eating and transferring; and "(E) Serving but not preparing meals. "(b) 'Direct care staff' does not include management-level staff, including nurses, physicians and administrative staff. "(6) 'Domiciliary care facilities' has the meaning given that term in ORS …