71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2364
 
LC 575/HB 2364-4
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2364
 
                    By COMMITTEE ON JUDICIARY
 
                             April 6
 
  On page 1 of the printed bill, line 2, before the period insert
'; and prescribing an effective date'.
  Delete lines 4 through 31 and delete page 2 and insert:
  '  { +  SECTION 1. + }  { + As used in sections 1 to 5 of this
2001 Act:
  ' (1) 'Medically necessary guardianship' means a guardianship
that is established to consent to medical treatment or placement
in a mental health facility, a nursing home or other residential
facility when the lack of consent for the treatment or placement
of the recipient places the recipient's life or health in serious
danger.
  ' (2) 'Recipient' means a person described in ORS 412.005 (6)
and 412.510 (4) or in ORS 413.005 (2). + }
  '  { +  SECTION 2. + }  { + (1) The Senior and Disabled
Services Division shall allow a recipient to retain enough
monthly income to pay the legal and guardianship expenses
approved by a court under ORS 125.095 that are incurred when the
court establishes and maintains a medically necessary
guardianship.
  ' (2) A court may approve a monthly amount to be retained by a
recipient that is greater than the amounts specified in section 5
of this 2001 Act if the court makes special findings of fact
based upon the record indicating that a greater monthly amount is
necessary due to unusual circumstances.
  ' (3) Legal and guardianship expenses subject to court approval
include but are not limited to attorney fees, court costs and
guardianship fees incurred by a professional fiduciary as
described in ORS 125.240 (5). + }
  '  { +  SECTION 3. + }  { + The Senior and Disabled Services
Division shall seek approval from the Health Care Financing
Administration on or before January 1, 2002, for the Medicaid
state plan amendment necessary to implement section 2 of this
2001 Act. + }
  '  { +  SECTION 4. + }  { + Section 2 of this 2001 Act applies
to a recipient who resides in or is entering long term care or
who receives waivered services funded through the Senior and
Disabled Services Division under Title XIX of the Social Security
Act. + }
  '  { +  SECTION 5. + }  { + (1) Except as provided in section 2
(2) of this 2001 Act, a recipient may retain a reasonable amount
from the recipient's monthly income to establish a medically
necessary guardianship, in an amount not to exceed $200 or 25
percent of the monthly income of the recipient, whichever is
greater.
  ' (2) Except as provided in section 2 (2) of this 2001 Act, a
recipient may retain a reasonable amount from the recipient's
monthly income to maintain a medically necessary guardianship, in
an amount not to exceed $75 or 10 percent of the monthly income
of the recipient, whichever is greater.
 
  ' (3) If the expenses of the medically necessary guardianship
cannot be paid in full from one month's income, the expenses may
be paid from the succeeding months' income. + }
  '  { +  SECTION 6. + }  { + Sections 1, 2, 4 and 5 of this 2001
Act apply only to medically necessary guardianships commenced by
the filing of a petition on or after the operative date of
sections 1, 2, 4 and 5 of this 2001 Act. + }
  '  { +  SECTION 7. + }  { + Sections 1, 2, 4, 5 and 6 of this
2001 Act become operative January 1, 2002. + }
  '  { +  SECTION 8. + }  { + This 2001 Act takes effect on the
91st day after the date on which the regular session of the
Seventy-first Legislative Assembly adjourns sine die. + } ' .
                         ----------