Relating to per-visit compensation for home health care entities.
Summary
SB 1168 prohibits home health agencies and hospice programs from paying home health care staff and home hospice care staff on a per-visit basis. The bill defines per-visit compensation broadly to include pay arrangements tied directly or indirectly to the number of patients served or the number of visits made, and it also treats certain employment terms and conditions—such as bonuses, productivity-based pay raises, and disciplinary procedures—as part of the compensation analysis. The measure amends ORS 652.260 to expand and clarify the existing wage-payment restrictions for these workers.
The bill also assigns enforcement authority to the Bureau of Labor and Industries (BOLI), which may adopt rules to implement the law. In addition, it increases BOLI’s General Fund appropriation by $159,362 for the 2025-27 biennium to cover enforcement costs. The enrolled text indicates the measure passed both chambers and was sent to the governor, so it would become part of Oregon employment law governing compensation practices in home health and hospice settings.
Impact
SB 1168 changes Oregon wage-and-hour law by adding a specific prohibition on per-visit compensation for home health care staff and home hospice care staff, while leaving in place exclusions for home care workers, direct caregivers employed by in-home care agencies, physicians, nurse practitioners, psychiatrists, psychologists, volunteers, and certain supervisors. It expands ORS 652.260 and gives BOLI explicit enforcement and rulemaking authority, creating a new compliance obligation for home health agencies and hospice programs and a corresponding administrative enforcement role for the state.
Sentiment
The bill appears to have received mixed but ultimately favorable support. It advanced through committee on narrow votes and then passed the Senate and House on broader floor votes, suggesting some legislative support but also meaningful opposition. The final passage margins indicate the measure was approved despite concerns from some lawmakers, likely reflecting a policy consensus that the compensation practice should be restricted even if the details were debated.
Contention
The main point of contention is the prohibition on per-visit pay, which can affect how home health and hospice employers structure compensation, productivity incentives, and staffing models. Opponents likely viewed the restriction as limiting flexibility or increasing labor costs, while supporters likely argued it protects workers from pay practices that may encourage rushed visits or unstable earnings. The committee votes, especially the close 3-2 and 13-9 recommendations, show that the compensation rule and its implementation through BOLI were the most debated aspects of the bill.