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Oregon In-home Caregivers: Laws, Regulation, and Practice

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Finding a qualified, licensed, affordable, and available in-home caregiver is almost a full-time job in itself, as anyone who has tried to do this knows well.

The best place to begin your research is with the: State of Oregon Home Care Commission and their Consumer / Employer Tools website.

Their contact information is:

Department of Human Services
Seniors and People with Disabilities
Salem, OR 97301-1073
Phone: 503-945-5811

Phone: 800-282-8096

Read on for additional resources:

I have compiled the following after speaking to a few people who work in this field here in Oregon, but I am always open to learning more, hearing stories, making corrections, etc.:

1) Anyone who wishes to hire anyone else to be a care giver for themselves in their home may hire whom they wish without any certification or training.

2) If a person on Medicaid wishes to have in-home help, they must choose (or the person they want must register) from a list of approved caregivers. These people are at least 18 years of age and have had criminal background checks and have taken at least the orientation course offered through the local state office. Additional courses are available from time to time, and these caregivers may take these courses and list them as part of their qualifications.

3) If a person goes to an adult foster care home, these homes are licensed by the state and they are certified as to level of care they are able to deliver. Note that the home is licensed, not the individual caregivers in the home.

4) Keep in mind also that in addition to checking the bona fides of the caregiver, you also need to check the legal status of the caregiver’s employer (assuming the caregiver isn’t self-employed, which s/he may be).

Here are some research resources on caregivers:

1) Another good place to begin your research is with your own county office that provides health and human service information and referrals. For example, Washington County HHS has a website that provides a lot of information for county residents.

(NOTE: If you believe abuse or neglect is occurring, immediately contact your local law enforcement agency, county district attorney, or your DHS or Area Agency on Aging local office.)

2) National Family Caregivers Association

3) CareCrunch has some useful brochures and checklists on checking the licensing, certification, or simple qualification of caregivers.

4) Oregon Association of Adult Day Services has some information about adult day-care facilities outside the home.

5) National Private Duty Association (NPDA), an association for providers of private duty home care.

6) The Oregon government (DHS) website on Caregiving is a good place to begin. It describes what a caregiver is and does and links to many resources for caregivers and their employers.

7) Employment resources, laws, data, guides and brochures, and more.

8) Oregon Advisory and Advocacy Groups

9) Licensing of caregivers is another tricky area to navigate. You need to check out the qualifications and references for the caregivers you plan to interview. One place to start is with the Oregon State Health Care Licensure and Certification program.

Their contact information:

Oregon Department of Human Services
Seniors and People with Disabilities
500 Summer St. NE E12
Salem, OR 97301-1073

Phone: 503-945-5921
Phone: 800-282-8096
TTY: 800-282-8096

Other organizations that can be contacted for additional information:

1) AARP-Oregon

1) Elders in Action

OREGON LEGAL RESEARCH BLOG: DISCLAIMERS and REGRETS

We cannot respond to most legal research questions.

Disclaimer: The information provided on this blog is for research purposes only. We do not provide legal advice, nor do we endorse any person, product, or company.

Disclaimer: It is against state law for library staff members to engage in any conduct that might constitute the unauthorized practice of law (ORS 9.160, 9.166 and 9.21). They may not interpret statutes, cases or regulations, perform legal research, recommend or assist in the preparation of forms, or advise patrons regarding their legal rights. They may, however, assist patrons in locating materials or links that would aid in individual research.

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10 responses to “Oregon In-home Caregivers: Laws, Regulation, and Practice”

  1. Phyllis Fort says:

    I am asking a question about a caregiver or family member taking a person of the opposite sex into a public bathroom. Is there some thing like a good Samaritan law that would allow this?
    Example a son taking his dementia Mom into a ladies bathroom. Or a woman hired to take care of a man with crutches, would they go into the mens room or ladies room?
    Thank you

  2. Julie Greenwald says:

    I am working as a caregiver on a 24hr shift. They only want to pay me for 16hrs. Can they do this? This means I am working for free for 8hrs even if I am suppose to be “sleeping”??? They get reimbursement from the state at regular wage pay.

  3. Tom says:

    My wife is caring for her son who is quadriplegic has ostomy care transfers ext. She is only paid an average 4.3 hours a day working every day of the month. That’s not even 40 hours a week. How does she go about getting it fixed? (When we did it before she was getting 3500 so she could hire help.)

  4. Tom says:

    My wife is caring for her son who is quadriplegic has ostomy care transfers ext. She is only paid an average 4.3 hours a day working every day of the month. That’s not even 40 hours a week. How does she go about getting it fixed? (When we did it before she was getting 3500 so she could hire help.)

  5. Sherry Underwood says:

    I am bed ridden, with MS and other severe disabilities. As if 2017 my Caregiver’s hours went from live-in, to 6 hours a day. I need to find out what the Caregiver’s are actually able to work. can anybody direct me to an agency to help me?

  6. Erin Sheehan-Kato says:

    I am working as a caregiver on a 24hr shift. They only want to pay me for 16hrs. This means I am working for free for 8hrs even if I am suppose to be “sleeping”. Is that legal?

  7. Linda Mendoza says:

    Yes I had a question if you are a caregiver you cannot live in the person home

  8. Karen says:

    I am a Caregiver too a Altzheimers person. I work 3 24 hour shifts in a row. My pay averages out too 6.25 per hour. Is this legal in Oregon? Thank you

  9. Ashley Matsumoto says:

    I’m really interested in home health care giving but I do have a felony. It was back in 2012 and it was a possession felony. I have been on the straight and narrow ever since. I had never been in trouble before and never after. I love people and I know I would be great at this!

  10. Denise Hall says:

    I live in Oregon and work for a non profit caregivers agency. I get sent to jobs where all I do for 3 hours is house work. Is this legal? I earn $12 an hour even for cleaning floors and toilets!

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