71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 3346
 
LC 1532/HB 3346-3
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3346
 
             By COMMITTEE ON ADVANCING E-GOVERNMENT
 
                             May 22
 
  On page 1 of the printed bill, delete lines 4 through 30 and
delete page 2 and insert:
  '  { +  SECTION 1. + }  { + As used in sections 1 to 6 of this
2001 Act:
  ' (1) 'Discharge planning staff' means staff employed by a long
term care facility as defined in subsection (3)(a) or (b) of this
section who help a resident identify the needs of the resident
and who target appropriate resources for follow-up care after the
discharge of a resident from the facility.
  ' (2) 'For-profit referral service' means a business that
provides information and referral services to a client who
requests help in locating a long term care facility and that:
  ' (a) Receives a fee from either a client or a long term care
facility; or
  ' (b) Has a pecuniary or financial interest in a long term care
facility.
  ' (3) 'Long term care facility' means:
  ' (a) A long term care facility as defined in ORS 442.015;
  ' (b) A residential care facility as defined in ORS 443.400; or
  ' (c) An adult foster home as defined in ORS 443.705 that is
licensed by the Senior and Disabled Services Division.
  ' (4) 'Nonprofit referral service' means a business that:
  ' (a) Provides information and referral services to a client
who requests help in locating a long term care facility; and
  ' (b) Is registered with the Secretary of State as a domestic
nonprofit corporation formed under ORS chapter 65. + }
  '  { +  SECTION 2. + }  { + (1) The Senior and Disabled
Services Division shall make the complaint file summary
information maintained by the division for long term care
facilities under ORS 441.703 (1) and (2) available to the public
through a searchable Internet website.
  ' (2) The complaint file summary information available through
the Internet website shall contain the explanation required under
ORS 441.703 (5).
  ' (3) If the division receives a request for complaint file
summary information on a long term care facility and the division
does not maintain information on that long term care facility,
the division shall indicate whether the information is available,
whether the information is maintained by another public agency
and how to obtain the information. + }
  '  { +  SECTION 3. + }  { + (1) The Senior and Disabled
Services Division may make inspection reports for long term care
facilities conducted by the division of the facilities available
to the public through a searchable Internet website.
  ' (2) If the division receives a request for inspection reports
for a long term care facility and the division does not have
reports for that long term care facility, the division shall
indicate whether reports are available, whether reports are
maintained by another public agency and how to obtain the
reports. + }
  '  { +  SECTION 4. + }  { + (1) When a for-profit referral
service refers a client to a long term care facility, the
referral service shall provide the client with a printed copy of
the complaint file summary information described in section 2 (1)
of this 2001 Act and the inspection reports described in section
3 (1) of this 2001 Act.
  ' (2) The referral service shall also provide the client with
an information disclosure form designed by the Senior and
Disabled Services Division that includes:
  ' (a) An Internet website address and a telephone number to
contact the Senior and Disabled Services Division directly to
obtain complaint file summary information on and inspection
reports for long term care facilities; and
  ' (b) A full and accurate disclosure of any pecuniary or
financial interest the referral service has in a facility to
which a client is being referred. + }
  '  { +  SECTION 5. + }  { + A nonprofit referral service and
discharge planning staff employed by a health care facility shall
provide a client with a form designed by the Senior and Disabled
Services Division that includes an Internet website address and a
telephone number to contact the Senior and Disabled Services
Division directly to obtain a printed copy of the complaint file
summary information described in section 2 (1) of this 2001 Act
and the inspection reports described in section 3 (1) of this
2001 Act. + }
  '  { +  SECTION 6. + }  { + (1) An individual may bring a civil
action against any person who violates section 4 of this 2001
Act.
  ' (2) In addition to and not in lieu of any other damages that
may be claimed, a person who prevails on a claim under this
section may recover an amount not to exceed $5,000.
  ' (3) A court may increase an award under subsection (2) of
this section to an amount not to exceed $50,000 if the court
determines that the violation was committed for commercial
advantage.
  ' (4) The prevailing party in an action brought under this
section shall be awarded reasonable court costs and attorney fees
and all costs. + } ' .
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