Chapter 902 Oregon Laws 2001

AN ACT

HB 3214

Relating to medical assistance; appropriating money; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. As used in sections 2 to 4 of this 2001 Act:

(1) “Medical assistance” has the meaning given that term in ORS 414.025.

(2) “Provider” has the meaning given that term in ORS 743.801.

SECTION 2. (1) The Department of Human Services shall provide medical assistance to a woman who:

(a) Is screened for breast or cervical cancer through the Oregon Breast and Cervical Cancer Program operated by the Health Division;

(b) As a result of a screening in accordance with paragraph (a) of this subsection, is found by a provider to be in need of treatment for breast or cervical cancer;

(c) Does not otherwise have creditable coverage, as defined in 42 U.S.C. 300gg(c); and

(d) Is 64 years of age or younger.

(2) The period of time a woman can receive medical assistance based on the eligibility criteria of subsection (1) of this section:

(a) Begins:

(A) On the date the department makes a formal determination that the woman is eligible for medical assistance in accordance with subsection (1) of this section; or

(B) Up to three months prior to the month in which the woman applied for medical assistance if on the earlier date the woman met the eligibility criteria of subsection (1) of this section.

(b) Ends when:

(A) The woman is no longer in need of treatment; or

(B) The department determines the woman no longer meets the eligibility criteria of subsection (1) of this section.

SECTION 3. (1) The Department of Human Services shall provide medical assistance to a woman whom the department determines is presumptively eligible for medical assistance. As used in this section, a woman is “presumptively eligible for medical assistance” if the department determines that the woman likely is eligible for medical assistance under section 2 of this 2001 Act.

(2) The period of time a woman may receive medical assistance based on presumptive eligibility is limited. The period of time:

(a) Begins on the date that the department determines the woman likely meets the eligibility criteria under section 2 of this 2001 Act; and

(b) Ends on the earlier of the following dates:

(A) If the woman applies for medical assistance following the determination by the department that the woman is presumptively eligible for medical assistance, the date on which a formal determination on eligibility is made by the department in accordance with section 2 of this 2001 Act; or

(B) If the woman does not apply for medical assistance following the determination by the department that the woman is presumptively eligible for medical assistance, the last day of the month following the month in which presumptive eligibility begins.

SECTION 4. (1) The Department of Human Services shall provide medical assistance under section 2 or 3 of this 2001 Act to a woman who meets general coverage requirements applicable to recipients of medical assistance. The department may not impose income or resource limitations or a prior period of uninsurance on a woman who otherwise qualifies for medical assistance under section 2 or 3 of this 2001 Act.

(2) In providing medical assistance under section 2 or 3 of this 2001 Act, the Department of Human Services shall give priority to low-income women.

SECTION 5. The Department of Human Services shall adopt rules necessary for the implementation and administration of sections 2 to 4 of this 2001 Act.

SECTION 6. The Department of Human Services shall submit a state plan amendment to the Health Care Financing Administration not later than December 31, 2001.

SECTION 7. In addition to and not in lieu of any other appropriation, there is appropriated to the Department of Human Services Medical Assistance Programs, for the biennium beginning July 1, 2001, out of the General Fund, the amount of $323,736, for the purpose of implementing sections 2 to 4 of this 2001 Act.

SECTION 8. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect July 1, 2001.

Approved by the Governor August 2, 2001

Filed in the office of Secretary of State August 2, 2001

Effective date August 2, 2001

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