Bill Text: OR SB137 | 2013 | Regular Session | Introduced

---

Bill Title: Relating to adult foster care; declaring an emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB137 Detail]

Download: Oregon-2013-SB137-Introduced.html

---

     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2666

                         Senate Bill 137

Sponsored by Senator MONNES ANDERSON (at the request of Albert
  Contreras) (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Prohibits Oregon Department of Administrative Services from
entering into collective bargaining agreement with adult foster
care home providers that modifies rights of adults with
developmental disabilities to choose providers and to have
providers paid in accordance with terms and conditions of home
and community-based waiver granted by Centers for Medicare and
Medicaid Services.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to adult foster care; amending ORS 443.733; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 443.733 is amended to read:
  443.733. (1) As used in this section, 'adult foster care home
provider' means a person who operates an adult foster home in the
provider's home and who receives fees or payments from the state
for providing adult foster care home services. 'Adult foster care
home provider' does not include a person:
  (a) Who is a resident manager of an adult foster home who does
not provide adult foster care home services in the resident
manager's own home or who does not have a controlling interest
in, or is not an officer or partner in, the entity that is the
provider of adult foster care home services;
  (b) Who is not a natural person; or
  (c) Whose participation in collective bargaining is determined
by the licensing agency to be inconsistent with this section or
in violation of state or federal law.
  (2) For purposes of collective bargaining under ORS 243.650 to
243.782, the State of Oregon is the public employer of record of
adult foster care home providers.
  (3) Notwithstanding ORS 243.650 (19), adult foster care home
providers are considered to be public employees governed by ORS
243.650 to 243.782. Adult foster care home providers have the
right to form, join and participate in the activities of labor
organizations of their own choosing for the purposes of
representation and collective bargaining on matters concerning
labor relations. Mandatory subjects of collective bargaining
include but are not limited to provider base rates and add-on
payments. These rights shall be exercised in accordance with the
rights granted to public employees, with mediation and interest
arbitration under ORS 243.742 as the method of concluding the
collective bargaining process. Adult foster care home providers
may not strike.
  (4) Notwithstanding subsections (2) and (3) of this section,
adult foster care home providers are not for any other purpose
employees of the State of Oregon or any other public body.
  (5) The Oregon Department of Administrative Services shall
represent the State of Oregon in collective bargaining
negotiations with the certified or recognized exclusive
representative of an appropriate bargaining unit of adult foster
care home providers. The Oregon Department of Administrative
Services is authorized to agree to terms and conditions of
collective bargaining agreements on behalf of the State of
Oregon.
  (6) Notwithstanding ORS 243.650 (1), an appropriate bargaining
unit for adult foster care home providers is any bargaining unit
recognized by the Governor in an executive order issued prior to
January 1, 2008.
  (7)   { - This section does not modify - }  { +  The Oregon
Department of Administrative Services may not enter into a
collective bargaining agreement with an adult foster care home
provider that modifies + } any right of an adult receiving foster
care { + , including but not limited to the right of adults with
developmental disabilities to select providers of their own
choosing who are paid at rates calculated in accordance with the
terms and conditions in the home- and community-based waiver
granted by the Centers for Medicare and Medicaid Services + }.
  SECTION 2.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
                         ----------