HB 3838 Oregon House · 2025 Regular Session

Relating to the Home and Community-Based Services Workforce Standards Board.

Summary
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 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 services 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. Requires the online registry administered by the Department of Human Services to include workers from the home and community-based services workforce. Requires that any public hearing conducted by the board be accessible through electronic or virtual means, if possible.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 27, 2025 Last action Jun 28, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced A-Engrossed · 8 edits
MODERATE
The bill was amended to expand its scope, clarify how standards are adopted, and add new requirements for funding approval and accessibility. The changes make the bill more comprehensive by including additional worker categories and adding safeguards to ensure standards can only take effect after proper funding is secured.
Scope change
The bill now applies to a broader range of workers in the home and community-based services sector, including new categories like agency with choice services and expanded definitions of direct care staff.
SCOPE

Added new worker categories to the definition of 'home and community-based services workforce,' including individuals providing attendant care services and workers at agency with choice services.

REQUIREMENT

Changed the review cycle from biennial to quadrennial for the comprehensive review of minimum standards.

Added requirement that the online registry administered by the Department of Human Services must include workers from the home and community-based services workforce.

Added requirement that any public hearing conducted by the board be accessible through electronic or virtual means, if possible.

Added requirement that the board report to the Legislative Assembly and Governor the increase in funding needed to implement any adopted standard.

FISCAL

Added requirement that a minimum standard may not take effect until the Legislative Assembly appropriates funding and the board receives CMS approval if applicable.

ENFORCEMENT

Added authority for the Bureau of Labor and Industries to conduct investigations, issue subpoenas, and obtain evidence regarding compliance with minimum standards.

ELIGIBILITY

Modified the definition of 'direct care staff' to include employees of residential training facilities and residential training homes.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
11
Key actions
2
Committee
6
Jun 28, 2025
Lower · Passed
In committee upon adjournment.
lower
Jun 16, 2025
Committee
Referred to Ways and Means by order of Speaker.
lower
Jun 16, 2025
Lower · Passed
Recommendation: Do pass with amendments, be printed A-Engrossed, and be referred to Ways and Means.
lower
Apr 15, 2025
Committee
Referred to Rules by order of Speaker.
lower
Apr 15, 2025
Committee
Without recommendation as to passage and be referred to Rules.
lower
Mar 5, 2025
Committee
Referred to Labor and Workplace Standards.
lower
Feb 27, 2025
Introduced
First reading. Referred to Speaker's desk.
lower
11 primary · 7 co-sponsors

Sponsors