71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 3214
Sponsored by Representatives PATRIDGE, KAFOURY, Senator FERRIOLI;
Representatives CARLSON, DINGFELDER, MONNES ANDERSON, NELSON,
SCHRADER, V WALKER, WINTERS, Senators CLARNO, HARTUNG (at the
request of American Cancer Society)
CHAPTER ................
AN ACT
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
Enrolled House Bill 3214 (HB 3214-A) Page 1
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. + }
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Enrolled House Bill 3214 (HB 3214-A) Page 2
Passed by House July 3, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate July 4, 2001
...........................................................
President of Senate
Enrolled House Bill 3214 (HB 3214-A) Page 3
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 3214 (HB 3214-A) Page 4