71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 2294
LC 1750/HB 2294-1
HOUSE AMENDMENTS TO
HOUSE BILL 2294
By COMMITTEE ON HEALTH AND PUBLIC ADVOCACY
May 29
On page 1 of the printed bill, line 11, after '411.145, '
insert '411.320,'.
In line 12, after '412.600,' insert '413.165,'.
In line 17, after '430.610,' insert '430.705,'.
On page 4, line 13, delete 'Self-Sufficiency'.
Delete lines 33 through 45 and insert:
' (2) The department is responsible for the delivery and
administration of programs and services relating to:
' (a) Children and families, including but not limited to child
protective services, foster care, residential care for children
and adoption services;
' (b) Elderly persons and disabled persons, including but not
limited to social, health and protective services and promotion
of hiring of otherwise qualified persons who are certifiably
disabled;
' (c) Persons who, as a result of the person's or the person's
family's economic, social or health condition, require financial
assistance, institutional care, rehabilitation or other social
and health services;
' (d) Health and health-related affairs, including but not
limited to medical assistance and services, public health
services, migrant health services, licensing of health facilities
and coordination of the activities of professional and
occupational licensing boards;
' (e) Mental health and developmental disabilities;
' (f) Vocational rehabilitation for individuals with
disabilities;
' (g) Alcohol abuse, drug abuse, addiction and chemical
dependency problems;
' (h) Licensing and regulation of individuals, facilities and
programs providing health and human services, in accordance with
the provisions of state and federal law; and
' (i) Any other health and human service programs and functions
delegated to the department by or in accordance with the
provisions of state and federal law.'.
On page 5, delete lines 1 and 2.
In line 24, after the period insert 'Notwithstanding ORS
430.640,'.
On page 38, line 41, after 'Services' insert 'health programs,
child welfare programs and public assistance programs'.
On page 45, line 17, after 'any' insert 'child welfare'.
In line 26, after 'disclose' insert 'child welfare'.
In line 41, after 'disclose' insert 'child welfare'.
On page 55, line 19, delete 'Resources' and insert ' Services'.
In line 23, delete 'Self-'.
In line 24, delete 'Sufficiency'.
In line 34, after 'department' insert 'relating to programs and
services to persons who, as a result of the person's or the
person's family's economic, social or health condition, require
medical assistance, financial assistance, institutional care,
rehabilitation, vocational rehabilitation or other social or
health services. The commission'.
In line 35, delete 'and'.
On page 56, after line 13, insert:
' { + SECTION 88a. + } ORS 411.320 is amended to read:
' 411.320. (1) For the protection of applicants for and
recipients of public assistance, except as otherwise provided in
this section, the { - Adult and Family Services Division - }
{ + Department of Human Services + } shall not disclose or use
the contents of any { + public assistance + } records, files,
papers or communications for purposes other than those directly
connected with the administration of the public assistance laws
of Oregon or as necessary to assist public assistance applicants
and recipients in accessing and receiving other governmental or
private nonprofit services, and these records, files, papers and
communications are considered confidential subject to the rules
and regulations of the { - Adult and Family Services
Division - } { + Department of Human Services + }. In any
judicial or administrative proceeding, except proceedings
directly connected with the administration of public assistance
or child support enforcement laws, their contents are considered
privileged communications.
' (2) Nothing in this section prohibits the disclosure or use
of contents of records, files, papers or communications for
purposes directly connected with the establishment and
enforcement of support obligations pursuant to the Title IV-D
program.
' (3) Nothing in this section prohibits the disclosure of the
address, social security number and photograph of any applicant
or recipient to a law enforcement official at the request of such
official. To receive information pursuant to this section, the
officer must furnish the agency the name of the applicant or
recipient and advise that the applicant or recipient:
' (a) Is fleeing to avoid prosecution, custody or confinement
after conviction for a felony;
' (b) Is violating a condition of probation or parole; or
' (c) Has information that is necessary for the officer to
conduct the official duties of the officer and the location or
apprehension of the applicant or recipient is within such
official duties.'.
In line 44, delete 'Self-'.
In line 45, delete 'Sufficiency'.
On page 58, line 41, delete 'Self-Sufficiency'.
On page 59, after line 33, insert:
' { + SECTION 99a. + } ORS 413.165 is amended to read:
' 413.165. (1) Money payments of old-age assistance with
respect to a recipient may be made to a representative payee if
it is determined by the { - division - } { + Department of
Human Services + } that the recipient, by reason of physical or
mental condition, has such inability to manage funds that making
payments to the recipient would be contrary to the welfare of the
person and that, therefore, it is necessary to provide assistance
through payments authorized by this section.
' (2) The { - division - } { + department + } may designate
as representative payee any responsible individual who is
interested in or concerned with the welfare of the recipient and
who is willing to act in that capacity.
' (3) If it appears to the { - division - }
{ + department + } that the interests of the recipient would be
best served thereby, the
{ - division - } { + department + } may petition for the
judicial appointment of a guardian, conservator or other legal
representative of the recipient. If the person is appointed and
duly qualified, money payments of assistance otherwise payable to
the recipient, or representative payee, shall be made to the
qualified person until the { - division - }
{ + department + } determines that the conditions which would
justify the protective payments no longer exist.
' (4) Subject to funds made available to the { - division - }
{ + department + } for administrative expenditures, the
{ - division - } { + department + } may, with respect to any
guardianship or conservatorship established pursuant to this
section, pay all costs and fees, including any necessary bond
premiums, reasonably incurred in the proceeding and in
administering money payments.'.
On page 67, line 4, after 'program' insert ', delivery or
administration of programs and services the Department of Human
Services is authorized to deliver and administer pursuant to ORS
409.010'.
In line 8, delete 'Department of Human Services' and insert '
department'.
On page 68, line 27, delete 'or'.
In line 29, delete the period and insert '; or
' (e) Any developmental disability child foster home as defined
in ORS 443.830.'.
On page 69, line 10, delete 'employee' and insert 'child
welfare worker'.
On page 85, after line 2, insert:
' { + SECTION 140a. + } ORS 430.705 is amended to read:
' 430.705. { + Notwithstanding ORS 430.640, + } the State of
Oregon, through the { - State Office for Services to Children
and Families - } { + Department of Human Services + }, may
establish the necessary facilities and provide comprehensive
mental health services for children throughout the state. These
services may include, but not be limited to the prevention of
mental illness, and the prevention, treatment and restoration of
emotionally disturbed, mentally ill and drug-dependent
children.'.
On page 108, after line 15, insert:
' (4) Any residential treatment home, as defined in ORS
443.400, licensed and funded by the department.'.
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