Independent Contractors are independent entities offering their services to the public at large. They must not only understand the rules that govern payment through support services funds, but must also meet requirements by such entities as the Center for Medicare and Medicaid Services, the IRS, BOLI, the Department of Consumer and Business Affairs and the Employment Department.
If you are interested in becoming qualified as an independent contractor of support services in the Portland metro area, please email firstname.lastname@example.org for information.
Under Oregon law (ORS 670.600 ), when you work as an independent contractor, you must be:
- Free from direction and control
- Engaged in an independently established business
- Licensed under ORS 671 or 701 (Construction Contractors Board, State Landscape Architect Board, State Landscape Contractors Board, or State Board of Architect Examiners) if required for the service
- Responsible for other licenses or certificates needed to do the work
Oregon Administrative Rule (411-340-0160) Requirements
- Must be at least 18 years of age
- Must be able to pass a criminal history check
- Must be legally eligible to work in the United States
- Must demonstrate by background, education, references, skills and abilities that he or she is capable of safely and adequately performing the tasks specified on the ISP, with such demonstration confirmed in writing by the customer or the customer’s legal guardian and including:
- Ability and education to follow oral and written instructions and keep any records that are required.
- Responsibility, maturity, and reputable character exercising sound judgement
- Ability to communicate with the customer.
- Training of a nature and type sufficient to ensure that the provider has knowledge of emergency procedures specific to the individual being cared for.
- Understand requirements of maintaining confidentiality and safeguarding customer information
- Not be on the current Centers for Medicare and Medicaid Services list of excluded or debarred providers
- If providing transportation, you must have a valid driver’s license and proof of insurance, as well as other license or certification that may be required under state and local law depending on the nature and scope of the transportation services (insurance)
- If providing a service that requires licensure or certification, you must hold a current, valid, and unrestricted appropriate professional license or certification where care and supervision requires specific professional education, training and skill.
Independent Contractor Test
In order to be qualified as an independent contractor paid to support Customers of a Support Services Brokerage, you must be able to affirm at least four of the following:
- You must affirm that you maintain a business location that is either separate from your residence or is in a portion of your residence that is primarily used for business practices.
- Each year, you perform services for two or more individuals or organizations.
- You must affirm that you have business cards for your business OR you are a member of a trade association OR you purchase public, commercial advertising for your services.
- Your services are only available to the public by way of contracts.
- Your business telephone listing is separate and distinct from your residential telephone listing.
- You assume financial responsibility for defective workmanship or for services not provided by purchasing performance bonds, errors and omission insurance or liability insurance, or providing warranties relating to the labor or services you provide.