71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1093
 
                         House Bill 2269
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor John A. Kitzhaber,
  M.D., for Department of Human Services)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Establishes Oregon Immunization ALERT as statewide immunization
registry program. Authorizes Health Division to assess certain
fees to fund ALERT and to adopt rules for setting and assessing
fees.
  Appropriates moneys to program.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to the Oregon Immunization ALERT; creating new
  provisions; amending ORS 433.100; appropriating money; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + For purposes of this section and section 2 of
this 2001 Act:
  (1) 'Insurer' means:
  (a) Any insurer, as defined in ORS 731.106, or any fraternal
benefit society, as described in ORS 748.106, that is required to
have a certificate of authority to transact health insurance
business in this state or any health care service contractor, as
defined in ORS 750.005, issuing or renewing medical insurance on
or after September 27, 1987;
  (b) Any person reinsuring medical insurance on or after
September 27, 1987; or
  (c) Any party implementing a self-insurance arrangement not
covered by the federal Employee Retirement Income Security Act of
1974, as amended, that provides health care benefits in this
state on or after September 27, 1987.
  (2) 'Medical insurance' means any health insurance benefits
payable on the basis of hospital, surgical or medical expenses
incurred and any health care service contractor contract.  '
Medical insurance' does not include coverage for accident only,
disability income, hospital confinement indemnity, dental or
credit insurance, coverage issued as a supplement to liability
insurance, coverage issued as a supplement to Medicare, insurance
arising out of workers' compensation or similar law, automobile
medical payment insurance or insurance under which benefits are
payable with or without regard to fault and that is statutorily
required as a part of liability insurance or equivalent
self-insurance, or insurance limited to vision benefits.
  (3) 'Self-insurance arrangement' means any plan, program,
contract or any other arrangement under which one or more
employers, unions or other organizations provide health care
services or benefits to their employees or members, either
directly or indirectly through a trust or third party
administrator, unless the health care services or benefits are
provided by an insurance policy issued by an insurer other than
the self-insurance arrangement. + }
  SECTION 2.  { + (1) The Oregon Immunization ALERT is the
statewide immunization registry established by the Health
Division of the Department of Human Services for the purposes of
ORS 433.094.
  (2) The division may assess fees on insurers and may accept
payments from self-insurance arrangements to fund the operation
of the Oregon Immunization ALERT.
  (3) Each insurer's assessment shall be determined by
multiplying the total amount to be assessed by the fraction
described in ORS 735.614 (2).
  (4) Fees assessed under this section shall not exceed $350,000
for the first year of assessment. For subsequent years, the fees
assessed on insurers shall be in an amount equal to the prior
year's assessment, adjusted annually to reflect changes in the
Consumer Price Index as defined in ORS 327.006. + }
  SECTION 3.  { + There is created in the Department of Human
Services Account in the General Fund the Oregon Immunization
ALERT subaccount. All moneys appropriated by statute, fees,
assessments or other moneys received by the department for the
purposes of section 2 of this 2001 Act shall be paid into the
State Treasury and deposited to the credit of the Oregon
Immunization ALERT subaccount of the Department of Human Services
Account. Such moneys are appropriated continuously to the
Department of Human Services for the purposes of section 2 of
this 2001 Act. Interest earned by the subaccount shall be
credited to the subaccount. + }
  SECTION 4. ORS 433.100 is amended to read:
  433.100. (1) The Health Division shall adopt rules pertaining
to the development and implementation of the immunization
registries and their associated tracking and recall systems. The
rules shall include a process by which a custodial parent or
guardian can control the transfer of information from the
immunization record or the immunization tracking and recall
record when such control is necessary to protect the health or
safety of the family.  { + The division shall also establish by
rule a procedure for setting and assessing the fees authorized
under section 2 of this 2001 Act. + }
  (2) Nothing in this section requires the consent of a parent or
guardian prior to enrolling the child in the registry or
restricts the registry from providing tracking and recall
information to a custodial parent or guardian.
  SECTION 5.  { + 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 on its
passage. + }
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