(1) A home care worker or personal support worker who is not otherwise employed by the Home Care Commission, the Department of Human Services, the Oregon Health Authority, an area agency or a support services brokerage shall not be deemed to be an employee of the state, whether or not the state selects the home care worker or personal support worker for employment or exercises any direction or control over the home care worker or personal support worker, for the purpose of the state’s liability for the actions of the home care worker or personal support worker.
(2) The state shall be deemed an employer of home care workers or personal support workers for the purposes of:
(a) ORS 410.605, 410.606, 410.612 and 410.614 and ORS chapter 657B; and
(b) ORS chapter 657, except as provided in ORS 657.730 (4).