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 2656
 
                           A-Engrossed
 
                         Senate Bill 567
                   Ordered by the Senate May 8
             Including Senate Amendments dated May 8
 
Sponsored by Senator FISHER (at the request of Oregon State
  Pharmacist Association, Adult Care Providers of Oregon)
 
 
                             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.
 
  Prohibits Department of Human Services from entering into
exclusive contracts for provision of durable medical equipment
 { + or medical devices, including supplies, + } to recipients of
medical assistance. { +  Provides exception for eyeglasses and
hearing aids. + }
 
                        A BILL FOR AN ACT
Relating to contracts for the provision of durable medical
  equipment by the Department of Human Services.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section: + }
   { +  (a) 'Distributor' means any person engaged in the
business of distributing, selling or renting durable medical
equipment or medical devices, including supplies.
  (b) 'Durable medical equipment' means equipment obtained by
prescription that is used primarily and customarily for medical
purposes, is generally not useful to an individual in the absence
of illness or injury and is appropriate for use in the home.
  (c) 'Medical assistance' has the meaning given that term in ORS
414.025.
  (d) 'Prescription' means a written or oral direction given by a
provider for the use of durable medical equipment.
  (e) 'Provider' has the meaning given that term in ORS 743.801.
  (2) The Department of Human Services may not enter into
exclusive contracts with distributors for the provision of
durable medical equipment or medical devices, including supplies,
to recipients of medical assistance.
  (3) Notwithstanding subsection (2) of this section, the
department may enter into exclusive contracts with distributors
for the provision of eyeglasses and hearing aids. + }
                         ----------