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DRO Legislative Update: February 3, 2012

2012 Legislative Session: Bills of Interest to the Disability Community

HB 4012

Summary: Provides legislative approval of Oregon Health Authority proposals for coordinated care organizations. Requires authority to report quarterly to legislative committees on implementation of coordinated care organization model of health care delivery. Authorizes sharing and use of information between Department of Consumer and Business Services and authority for specified purposes. Prohibits discrimination against types of providers by coordinated care organizations and specified managed care organizations. Makes technical corrections. Declares emergency, effective on passage.

  • 2/1/12 H - First reading. Referred to the desks of the Co-Speakers.
  • 2/1/12 H - Referred to Health Care with subsequent referral to Ways and Means.

HB 4022

Summary: Expands definition of 'mentally ill person' for purposes of civil commitment proceedings to include persons with substance dependence associated with opioids and two prior convictions for unlawful possession of heroin and for whom compelled treatment is necessary to avoid reoffending.  Authorizes commitment of such persons to supervision of court for period of 12 months or less.  Prohibits such persons from converting from involuntary to voluntary commitment. Allows such persons to be incarcerated without filing criminal charges.

  • 2/1/12 H - Referred to Judiciary with subsequent referral to Ways and Means.
  • 2/1/12 H - First reading. Referred to the desks of the Co-Speakers.

HB 4036

Summary: Imposes one percent tax on specified providers of residential care and services. Appropriates moneys from tax to Department of Human Services to fund medical assistance expenditures for providers of residential care and services. Sunsets tax on providers of residential care and services no later than October 1, 2019. Takes effect on 91st day following adjournment sine die.

  • 2/3/12 H - Public Hearing scheduled.
  • 2/1/12 H - Referred to Revenue.
  • 2/1/12 H - First reading. Referred to the desks of the Co-Speakers.

HB 4053

Summary: Modifies types of animals qualifying as assistance animals for purposes of accessing places of public accommodation and modes of transportation and for purposes of cause of action for harm to assistance animal. Eliminates redundant provisions addressing assistance animals for persons with visual or hearing impairments. Modifies definitions for purposes of offense involving interference with assistance animal. Modifies definition for assistance animal exemption from licensing. Declares emergency, effective on passage.

  • 2/3/12 H - Public Hearing scheduled.
  • 2/1/12 H - First reading. Referred to the desks of the Co-Speakers.
  • 2/1/12 H - Referred to Business and Labor.

HB 4084

Summary: Creates crime of assault in third degree for intentionally or knowingly causing physical injury to elderly person. Punishes by maximum of five years' imprisonment, $125,000 fine, or both.  Provides that prosecution of certain felonies committed against person 65 years of age or older may be commenced within six years. Prohibits entry of order setting aside conviction for criminal mistreatment in first or second degree when victim was person 65 years of age or older. Requires health care provider to permit inspection and copying of protected health information of person who is alleged victim in abuse investigation. Requires financial institution, upon receipt of certification, to disclose and provide copies of financial records of person who is alleged victim in abuse investigation. Permits Department of Human Services to make names of witnesses and vulnerable persons, and records and reports compiled in abuse investigations, available to certain entities. Creates Resident Safety Review Council. Sunsets council on June 30, 2013. Permits person convicted of certain crimes more than five years before employment to receive public funds in employment where person has contact with vulnerable person. Clarifies that person whose employment cannot be supported by public funds is not entitled to determination of fitness or right of appeal of determination of unfitness. Directs Department of Human Services to establish statewide call system for reporting abuse of elderly person. Requires Department of Human Services to develop and implement training for persons investigating abuse and providing care to persons 65 years of age or older. Directs Department of Human Services to apply for federal grant under Patient Protection and Affordable Care Act. Recreates Oregon Elder Abuse Work Group.  Sunsets work group on June 30, 2013. Declares emergency, effective on passage.

  • 2/3/12 H - Public Hearing and Possible Work Session scheduled.
  • 2/1/12 H - First reading. Referred to the desks of the Co-Speakers.
  • 2/1/12 H - Referred to Human Services with subsequent referral to Ways and Means.

HB 4085

Summary: Creates crime of assault in third degree for intentionally or knowingly causing physical injury to elderly person. Punishes by maximum of five years' imprisonment, $125,000 fine, or both. Provides that prosecution of certain felonies committed against person 65 years of age or older may be commenced within six years. Prohibits entry of order setting aside conviction for criminal mistreatment in first or second degree when victim was person 65 years of age or older. Requires health care provider to permit inspection and copying of protected health information of person who is alleged victim in abuse investigation. Requires financial institution, upon receipt of certification, to disclose and provide copies of financial records of person who is alleged victim in abuse investigation. Permits Department of Human Services to make names of witnesses and vulnerable persons, and records and reports compiled in abuse investigations, available to certain entities. Creates Resident Safety Review Council. Sunsets council on June 30, 2013. Permits person convicted of certain crimes more than five years before employment to receive public funds in employment where person has contact with vulnerable person. Clarifies that person whose employment cannot be supported by public funds is not entitled to determination of fitness or right of appeal of determination of unfitness. Directs Department of Human Services to apply for federal grant under Patient Protection and Affordable Care Act. Declares emergency, effective on passage.

  • 2/1/12 H - Referred to Judiciary with subsequent referral to Ways and Means.
  • 2/1/12 H - First reading. Referred to the desks of the Co-Speakers.

HB 4087

Summary: Establishes Oregon Senior and Disabled Emergency Fund, Oregon Education Emergency Fund and Oregon Public Safety Emergency Fund. Appropriates moneys from General Fund to funds. Sunsets funds on July 1, 2013. Declares emergency, effective on passage.

  • 2/8/12 H - Public Hearing scheduled.
  • 2/1/12 H - First reading. Referred to the desks of the Co-Speakers.
  • 2/1/12 H - Referred to Revenue with subsequent referral to Ways and Means.

HB 4109

Summary: Requires Oregon Health Authority to use competitive bidding process for purchase of generic drugs prescribed for recipients of medical assistance. Declares emergency, effective on passage.

  • 2/1/12 H - First reading. Referred to the desks of the Co-Speakers.
  • 2/1/12 H - Referred to Health Care with subsequent referral to Ways and Means.

HB 4127

Summary: Requires Oregon Health Authority to adopt standards and procedures to certify specified mental health providers to qualify for insurance reimbursement. Declares emergency, effective on passage.

  • 2/3/12 H - Public Hearing and Possible Work Session scheduled.
  • 2/1/12 H - Referred to Health Care with subsequent referral to Ways and Means.
  • 2/1/12 H - First reading. Referred to the desks of the Co-Speakers.

HB 4153

Summary: Establishes criteria for coordinated care organizations. Requires that community advisory council be convened for each organization and specifies duties of council. Prescribes actuarially sound global budgeting process. Creates metrics and scoring committee to establish outcomes measures.  Establishes Oregon Defensive Medicine Task Force to make recommendation for legislative concept to address practice of defensive medicine. Makes coordinated care organizations public bodies for purposes of Oregon Tort Claims Act. Makes technical and conforming amendments. Declares emergency, effective on passage.

  • 2/1/12 H - Referred to Rules.
  • 2/1/12 H - First reading. Referred to the desks of the Co-Speakers.

HB 4159

Summary: Modifies definition of 'ʹtreatment'ʹ for purpose of describing residential facilities that are subject to licensing requirements. Excludes facility from licensing requirements if facility provides access to substantially less than 24-hour on-site care. Directs Oregon Health Authority and Department of Human Services to identify which agency is responsible with respect to residential facility operating without license. Requires certificate of need for residential treatment facility to be based on community need within 10-mile radius. Declares emergency, effective on passage.

  • 2/1/12 H - Referred to Judiciary with subsequent referral to Ways and Means.
  • 2/1/12 H - First reading. Referred to the desks of the Co‑Speakers.

SB 1505

Summary: Specifies procedure for civil commitment of individual who is Native American if state does not have jurisdiction over individual. Declares emergency, effective on passage.

  • 2/1/12 S - Introduction and first reading. Referred to President's desk.
  • 2/1/12 S - Referred to Judiciary.

SB 1506

Summary: Creates Central Oregon Psychiatric Prescribing Program as pilot program to allow reimbursement of mental health drug costs using capitation payment methodology. Establishes requirements for program. Requires appointment of Mental Health Clinical Advisory Group to establish voluntary evidence--‐‑based treatment algorithms for major mental health disorders. Ends pilot program on June 30, 2014. Declares emergency, effective on passage.

  • 2/1/12 S - Introduction and first reading. Referred to President's desk.
  • 2/1/12 S - Referred to Health Care, Human Services and Rural Health Policy, then Ways and Means.

SB 1516

Summary: Establishes Help America Vote Act Task Force. Directs task force to study statewide compliance with Help America Vote Act and report findings and recommendations to Legislative Assembly.  Sunsets task force on July 1, 2013. Declares emergency, effective on passage.

  • 2/1/12 S - Introduction and first reading. Referred to President's desk.
  • 2/1/12 S - Referred to Rules.

SB 1517

Summary: Establishes Help America Vote Act Task Force. Directs task force to study statewide compliance with Help America Vote Act and report findings and recommendations to Legislative Assembly.  Sunsets task force on July 1, 2013. Declares emergency, effective on passage.

  • 2/1/12 S - Introduction and first reading. Referred to President's desk.
  • 2/1/12 S - Referred to Rules.

SB 1522

Summary: Requires Oregon Health Authority to take into account psychological and social factors facing members of coordinated care organization in establishing quality measures and global budgets.  Declares emergency, effective on passage.

  • 2/1/12 S - Referred to Health Care, Human Services and Rural Health Policy.
  • 2/1/12 S - Introduction and first reading. Referred to President's desk.

SB 1523

Summary: Requires insurers to reimburse providers directly for health care service provided to insureds if provider agrees that payment constitutes payment in full for service other than amounts for which insured is responsible. If provider does not agree to accept payment as payment in full from insurer, insurer may, at insurer's option and unless otherwise requested by insured, make payment to insured or to provider.

  • 2/1/12 S - Referred to General Government, Consumer and Small Business Protection.
  • 2/1/12 S - Introduction and first reading. Referred to President's desk.

SB 1525

Summary: Creates Task Force on a Sustainable Public Safety System. Sunsets task force on date of convening of 2013 regular session of Legislative Assembly. Declares emergency, effective on passage.

  • 2/1/12 S - Introduction and first reading. Referred to President's desk.
  • 2/1/12 S - Referred to Judiciary.

SB 1536

Summary: Makes coordinated care organizations local public bodies under Oregon Tort Claims Act for purposes of tort claims arising out of health services that are paid for by Oregon Health Authority. Requires organizations to impose assessments on contracting health care providers for costs associated with defending and indemnifying claims for personal injury or death made against organizations, or contracting health care providers, based on health services paid for by Oregon Health Authority. Declares emergency, effective on passage.

  • 2/1/12 S - Introduction and first reading. Referred to President's desk.
  • 2/1/12 S - Referred to Judiciary.

SB 1555

Summary: Requires school employees to report acts of harassment, intimidation or bullying and acts of cyberbullying. Allows remedial action for failure to report. Requires policy prohibiting harassment, intimidation or bullying and prohibiting cyberbullying to allow student or volunteer to make report voluntarily and anonymously. Takes effect July 1, 2012.

  • 2/1/12 S - Referred to Education and Workforce Development.
  • 2/1/12 S - Introduction and first reading. Referred to President's desk.

SB 1565

Summary: Permits supervising physician or supervising physician organization to apply to Oregon Medical Board for dispensing authority for physician assistant. Requires supervising physician or supervising physician organization to register facility from which physician assistant will dispense as drug outlet with State Board of Pharmacy. Removes limitation providing that Oregon State Board of Nursing may grant dispensing authority only to nurse practitioner in area that lacks readily available access to pharmacy services. Declares emergency, effective on passage.

  • 2/1/12 S - Referred to Health Care, Human Services and Rural Health Policy.
  • 2/1/12 S - Introduction and first reading. Referred to President's desk.

SB 1568

Summary: Establishes requirements for health insurance coverage of autism spectrum disorders. Declares emergency, effective on passage.

  • 2/1/12 S - Introduction and first reading. Referred to President's desk.
  • 2/1/12 S - Referred to Health Care, Human Services and Rural Health Policy.

SB 1580

Summary: Provides legislative approval of Oregon Health Authority proposals for coordinated care organizations. Requires authority to report quarterly to legislative committees on implementation of coordinated care organization model of health care delivery. Authorizes sharing and use of information between Department of Consumer and Business Services and authority for specified purposes. Prohibits discrimination against types of providers by coordinated care organizations and specified managed care organizations. Makes technical corrections. Declares emergency, effective on passage.

  • 2/1/12 S - Referred to Health Care, Human Services and Rural Health Policy, then Ways and Means.
  • 2/1/12 S - Introduction and first reading. Referred to President's desk.
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