Establishes the Home and Community-Based Services Workforce Standards Board.

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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 1138
Sponsored by Senators WAGNER, JAMA, TAYLOR, PATTERSON, PHAM K, Representatives BOWMAN, FAHEY,
GRAYBER, MUNOZ, NELSON, VALDERRAMA
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. The statement includes a measure digest written in compliance with applicable readability
standards.
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 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.
Provides remedies for allegations of violations of the minimum standards established by the
board.
Requires the board to conduct a biennial comprehensive review, including a labor market anal-
ysis to inform the board’s decisions to adopt new minimum standards or revise existing standards.
Permits the board to establish uniform training standards for the home and community-based ser-
vices workforce and to establish a process by rule for certifying worker organizations to provide the
training to workers.
Requires the board to submit a biennial report to the Governor and the Legislative Assembly
summarizing the results of the comprehensive review and any actions taken by the board in the
prior biennium.
A BILL FOR AN ACT
Relating to the Home and Community-Based Services Workforce Standards Board.
Be It Enacted by the People of the State of Oregon:
DEFINITIONS
SECTION 1.
Definitions. As used in sections 1 to 12 of this 2025 Act:
(1)(a) “Direct care staff” means:
(A) Direct care staff, as defined in ORS 443.400.
(B) The employees of an adult foster home, as defined in ORS 443.705, whose primary
responsibilities are to provide personal care services to residents, including but not limited
to:
(i) Administering medications;
(ii) Coordinating resident-focused activities;
(iii) Supervising and supporting residents;
(iv) Supporting activities of daily living, including but not limited to bathing, dressing,
eating and transferring; and
(v) Serving but not preparing meals.
(b) “Direct care staff” does not include management-level staff, including nurses, physi-
cians and administrative staff.
(2) “Employer organization” means a nonprofit trade association whose membership is
NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 4621
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primarily composed of a majority of not-for-profit, proprietary and individually owned home
and community-based care providers that employ workers of the home and community-based
services workforce in this state.
(3)(a) “Home and community-based services workforce” includes the following workers:
(A) A home care worker and a personal support worker, as those terms are defined in
ORS 410.600;
(B) An individual providing in-home care services as an employee of or under an ar-
rangement or contract with an in-home care agency, as defined in ORS 443.305;
(C) Direct care staff at a residential facility, as defined in ORS 443.400, or an adult foster
home, as defined in ORS 443.705;
(D) A direct support professional, as defined in ORS 427.191; and
(E) A personal care attendant.
(b) “Home and community-based services workforce” does not include:
(A) A private pay home care worker, as defined in ORS 410.600.
(B) Management-level staff, including nurses, physicians and administrative staff.
(4) “Labor organization” has the meaning given that term in ORS 663.005.
(5) “Personal care attendant” means an individual who:
(a) Provides in-home personal care services to a person with a behavioral health condi-
tion or disability; and
(b) Meets the eligibility requirements established by rule by the Oregon Health Authority
in order to receive Medicaid reimbursement for such services.
(6) “Worker organization” means any of the following that assemble to collectively ad-
vocate for the shared interests of improving wages, benefits and working conditions for the
home and community-based services workforce:
(a) Labor organizations.
(b) Advocacy groups.
(c) Groups or associations of workers from the home and community-based services
workforce.
HOME AND COMMUNITY-BASED SERVICES
WORKFORCE STANDARDS BOARD
SECTION 2.
Establishment; members; term; vacancies. (1) There is established the Home
and Community-Based Services Workforce Standards Board the purposes of which are to:
(a) Strengthen the supply of a skilled home and community-based services workforce by
examining factors that may present challenges to recruiting and retaining workers, including
but not limited to compensation, work schedules and other working conditions; and
(b) Make recommendations to revise the minimum workforce standards established by
the board under section 4 of this 2025 Act and adopt new standards, as needed, to protect the
health and welfare of the home and community-based services workforce.
(2) The board shall consist of 13 members appointed by the Governor, as follows:
(a) Four members who represent the home and community-based services workforce or
worker organizations;
(b) Four members who represent employers of individuals of the home and community-
based services workforce or employer organizations;
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(c) Two members who represent the interests of individuals who receive services provided
by the home and community-based services workforce;
(d) One member who represents the Bureau of Labor and Industries;
(e) One member who represents the Department of Human Services; and
(f) One member who represents the executive department of state government.
(3) The term of a member of the board is two years and the member may be reappointed.
(4) Each successor board member shall be appointed by the Governor, before the expira-
tion of the term of a member, but not later than January 1 of each even-numbered year. If
a vacancy occurs for any cause before the expiration of the term of a member, the Governor
shall make an appointment to fill the vacancy, in the same manner as an appointment to a
full term, to become immediately effective for the unexpired term.
(5) The Governor shall appoint one of the members as chairperson, to serve at the
pleasure of the Governor. The members of the board shall elect from among themselves a
vice chairperson who shall preside over meetings and exercise the functions of the chair-
person during any absence of the chairperson.
(6) The Governor may appoint an executive director for the board who is responsible for
the performance of duties assigned by the board. The executive director may employ appro-
priate staff to carry out the duties assigned by the board.
SECTION 3.
Compensation; meetings. (1) Members of the Home and Community-Based
Services Workforce Standards Board shall receive such compensation as authorized under
ORS 292.495.
(2) The board shall adopt rules for conducting meetings and any other rules as necessary
for carrying out the duties of the board.
(3) A majority of members of the board constitutes a quorum for the transaction of
business.
(4) An affirmative vote by a majority of members of the board is necessary for the board
to take any action.
(5) All meetings of the board shall be held as public meetings in accordance with ORS
192.610 to 192.705.
DUTIES OF THE BOARD
SECTION 4. Minimum workforce standards. (1) Subject to subsection (4) of this section,
the Home and Community-Based Services Workforce Standards Board shall adopt rules es-
tablishing minimum standards for the home and community-based services workforce that
are designed to ensure the health and welfare of such workers. The board may not adopt any
standards that are less protective of or beneficial to the home and community-based services
workforce than the standards provided under any other applicable statute or rule or any
standard previously established by the board.
(2) At a minimum, the standards must:
(a) Set compensation rates for paying individuals in the home and community-based
services workforce, provided that the rates are not less than the minimum wage rate es-
tablished under ORS 653.025.
(b) Establish requirements for working conditions such as work schedules and working
hours and staffing.
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(c) Establish curriculum and criteria for providing education and professional develop-
ment opportunities for the home and community-based services workforce.
(d) Establish workplace health and safety requirements specific to the home and
community-based services workforce that meet or exceed any applicable health and safety
requirements prescribed by the Oregon Safe Employment Act.
(e) Provide for the provision of health care benefits and other paid benefits for the home
and community-based services workforce, including but not limited to paid family leave, sick
leave and retirement benefits.
(f) Establish requirements for itemized statements regarding deductions from wages that
meet or exceed the requirements under ORS 652.610, including a requirement that such
statements are timely provided to a worker organization.
(g) Establish requirements for the production of workers’ information maintained in an
employer’s records to the board or to a worker organization that is the labor organization
that represents the workers to whom the information pertains. For purposes of this para-
graph, “workers’ information” includes full names, telephone numbers, home addresses,
personal mailing addresses and electronic mail addresses.
(3) Before adopting any rules establishing minimum standards under this section, the
board shall:
(a) Evaluate and consider the following information in relation to the home and
community-based services workforce to ensure that the standards adopted by the board meet
or exceed prevailing labor market conditions:
(A) Labor market data, including but not limited to:
(i) Wage levels and benefit data from comparable occupations and industries within dif-
ferent geographic regions in this state;
(ii) Workplace policies concerning working conditions such as staffing levels, hours of
work and workplace health and safety;
(iii) Collective bargaining agreements applicable to workers in comparable occupations
and industries within different geographic regions in this state; and
(iv) Existing state and local minimum standards for the home and community-based
services workforce;
(B) Testimony from current and former workers from the home and community-based
services workforce, worker organizations, employers and other interested stakeholders;
(C) Data submitted by or obtained from state and local government entities; and
(D) Any other information the board deems relevant and reflective of trends concerning
the working conditions of the home and community-based services workforce.
(b) Hold at least one public hearing at which members of the public, including workers
in the home and community-based services workforce, shall have the opportunity to provide
input on any matter relating to the minimum standards being considered by the board.
(4) Whenever the board adopts a minimum wage or working standard under this section
that is anticipated to create a fiscal impact, require any adjustment to state funding levels
or otherwise result in an increase in the fiscal obligations of the state, the board shall issue
a written report to the Legislative Assembly. The report shall include a description of any
such adopted standard and the corresponding anticipated fiscal impacts, and may include
recommendations for legislation, including recommendations for potential sources of funding
to address the anticipated fiscal impacts. The board shall provide the report to the Legisla-
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tive Assembly at the beginning of the legislative session next following the date of the
adoption of the standard. The board shall obtain ratification of the standard by the Legis-
lative Assembly before the standard may take effect.
SECTION 5.
Comprehensive review. (1) At least once every two years, the Home and
Community-Based Services Workforce Standards Board shall conduct a comprehensive re-
view of the minimum standards previously adopted by the board to determine whether the
standards have continuing applicability or whether the board should adopt new standards or
revise the existing standards.
(2)(a) As part of the review, the board shall conduct a labor market analysis of the
working conditions for the home and community-based services workforce that examines
factors that may include, but need not be limited to:
(A) Supply and demand estimates and projections for such workers;
(B) Education, training and skill requirements;
(C) Terms and conditions of employment;
(D) Unionization rates;
(E) Compensation rates;
(F) Industry profits; and
(G) Professional development and training opportunities.
(b) In conducting the labor market analysis, the board shall consider whether and to
what extent the board’s minimum standards regarding compensation rates for paying work-
ers in the home and community-based services workforce should be adjusted relative to the
Medicaid reimbursement rates for such workers. Such a determination shall be made pur-
suant to a process specified by the board by rule.
SECTION 6.
Reporting. (1) The Home and Community-Based Services Workforce Stan-
dards Board shall prepare and submit a biennial report to the Governor and to the Legisla-
tive Assembly by April 1 of each even-numbered year on the board’s activities and
recommendations.
(2) The report must include, at a minimum:
(a) A statement of findings and conclusions of the comprehensive review required under
section 5 of this 2025 Act, including recommendations:
(A) For statutory changes;
(B) For revisions to amounts appropriated to the board, if any; and
(C) For proposed adjustments to Medicaid reimbursement rates to ensure that such rates
directly correspond to the board’s minimum standards for compensation rates paid to the
home and community-based services workforce.
(b) A copy of the budget documents of the board showing:
(A) The Medicaid reimbursement rates for the home and community-based services
workforce; and
(B) Statements showing aggregate data regarding compensation paid and benefits pro-
vided to the home and community-based services workforce.
(c) A description of the public hearing process used to inform the minimum standards
established by the board.
(d) A description of the current minimum standards established by the board and re-
commended changes to the standards, along with any supporting documentation for the
proposed changes.
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(e) The number and types of complaints or civil actions filed alleging a violation of any
of the standards established by the board, if any.
(f) A summary of all other actions taken during the prior biennium in the performance
of the board’s statutory responsibilities that is adequate to allow evaluation of the board’s
performance.
BOARD AUTHORITY
SECTION 7.
Uniform training standards; training certification. (1) The Home and
Community-Based Services Workforce Standards Board shall establish by rule uniform
training standards for the home and community-based services workforce. At a minimum,
the standards must include a training curriculum that provides the following information to
workers in the home and community-based services workforce:
(a) The applicable minimum standards established by the board under section 4 of this
2025 Act.
(b) The rights and remedies afforded to the home and community-based services
workforce, including the right to be protected against retaliation and the private right of
action for violation of the board’s standards.
(c) The duties and obligations of the board under sections 1 to 12 of this 2025 Act.
(d) Any other information that the board deems appropriate and necessary to facilitate
compliance with the minimum standards established by the board under section 4 of this
section.
(2) The board may adopt by rule uniform requirements, standards and criteria for certi-
fying a worker organization to provide the training described under this section to the home
and community-based services workforce.
(3) The board shall hold at least one public hearing for public input and deliberation be-
fore the board adopts any rules establishing minimum training standards under this section.
SECTION 8.
Investigative authority. (1) In order to determine any facts relevant to
matters concerning implementation of and compliance with the minimum standards estab-
lished by the Home and Community-Based Services Workforce Standards Board under sec-
tion 4 of this 2025 Act, the board may:
(a) Issue subpoenas in the name of the board for the attendance of witnesses and the
production of books, records and documents relating to matters before the board;
(b) Administer oaths; and
(c) Take or cause to be taken depositions within or without this state, as provided by law.
(2) The board’s subpoenas shall be served by the chairperson of the board.
WORKER PROTECTIONS
SECTION 9.
Retaliation prohibited. An employer may not terminate, discipline, penalize,
retaliate or take any other adverse action against any worker from the home and
community-based services workforce because the worker has:
(1) Inquired about or exercised any right afforded to a worker under sections 1 to 12 of
this 2025 Act or under any minimum standards established by the board under section 4 of
this 2025 Act.
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(2) Participated in any process or proceeding under or related to sections 1 to 12 of this
2025 Act, or has testified or is about to testify in any such proceeding.
(3) Participated in any training provided by a worker organization pursuant to section 7
of this 2025 Act.
SECTION 10.
Remedies. (1) A worker from the home and community-based services
workforce or a worker organization may seek relief for an alleged violation of a minimum
standard established by the Home and Community-Based Services Workforce Standards
Board under section 4 of this 2025 Act by:
(a) Commencing a civil action in the circuit court of appropriate jurisdiction for
injunctive relief, damages or other appropriate equitable relief against any person alleged to
have violated a minimum standard; or
(b) Filing a complaint with the Commissioner of the Bureau of Labor and Industries in
the manner provided by ORS 659A.820, not later than one year after the date of the alleged
violation.
(2) Upon prevailing in an action under this section, the plaintiff may recover actual
damages and the court shall award reasonable attorney fees and costs to the prevailing
plaintiff.
SECTION 11. Limits. Nothing in sections 1 to 12 of this 2025 Act is intended to:
(1) Limit, interfere with or reduce the rights of any parties to a collective bargaining
agreement.
(2) Diminish the rights or remedies that are otherwise available to a worker from the
home and community-based services workforce under federal or state law or regulation, in-
cluding but not limited to the right to file a wage claim under ORS 652.310 to 652.414.
SECTION 12. Employer notice requirements. (1) Each employer of workers of the home
and community-based services workforce shall provide notice to the workers of the following:
(a) The rights of the workers with respect to the minimum standards established by the
Home and Community-Based Services Workforce Standards Board under section 4 of this
2025Act.
(b) The duties and functions of the board.
(c) Contact information for each state agency responsible with enforcement authority
over matters that relate to the same subjects over which the board has authority.
(2) The employer shall provide the notice required under this section as follows:
(a) In the same language that the employer typically communicates with the worker; and
(b)(A) By posting the notice in a conspicuous location in the workplace; and
(B) By sending the notice to the electronic mail address of each worker of the employer.
MISCELLANEOUS
SECTION 13.
The unit and section captions used in this 2025 Act are provided only for
the convenience of the reader and do not become part of the statutory law of this state or
express any legislative intent in the enactment of this 2025 Act.
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