71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to SB 888
 
LC 2285/SB 888-1
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 888
 
            By COMMITTEE ON HEALTH AND HUMAN SERVICES
 
                              May 4
 
  On page 1 of the printed bill, line 6, delete '11' and insert
'17'.
  In line 11, delete 'Two persons' and insert 'One person'.
  In line 12, delete the first 'one' and after 'Senate ' insert a
period and delete the rest of the line and delete line 13.
  After line 18, insert:
  ' (f) One representative of the Governor's Commission on Senior
Services, to be appointed by the commission.
  ' (g) One representative of the Oregon Disabilities Commission,
to be appointed by the commission.
  ' (h) One physician specializing in gerontology who is licensed
to practice under ORS chapter 677, to be appointed by the Speaker
of the House of Representatives.
  ' (i) The following persons, to be appointed by the Governor:
  ' (A) One representative of an association representing area
agencies on aging and disabilities;
  ' (B) One representative of the Department of Human Services;
  ' (C) One representative of the Housing and Community Services
Department; and
  ' (D) One physician specializing in gerontology who is licensed
to practice under ORS chapter 677.'.
  On page 2, delete lines 16 and 17 and insert:
  ' (4) The Department of Human Services and the Oregon
Department of Administrative Services shall share the staffing
functions of the task force. The Legislative Fiscal Office and
the Legislative Administrator shall assist the task force in the
performance of its functions and furnish such information and
advice as the members of the task force consider necessary to
perform its functions.
  ' (5) The task force shall designate one of its members as
chairperson. The chairperson shall call periodic meetings of the
task force and shall assign duties to task force members and
appropriate staff.'.
  In line 18, delete '(5)' and insert '(6)'.
  In line 21, delete '(6)' and insert '(7)'.
  In line 23, delete '(7)' and insert '(8)' and delete '
biennially' and insert 'at least annually' and delete 'and the'.
  In line 24, delete 'Legislative Assembly in the manner provided
by ORS 192.245'.
  In line 25, after 'force' insert a period and delete the rest
of the line and delete lines 26 through 30 and insert:
  '  { +  SECTION 2. + }  { + The Director of Human Services
shall report biennially to the Legislative Assembly in the manner
provided by ORS 192.245 on the findings and recommendations of
the task force, including the legislative actions and levels of
funding necessary to implement the plan. + } ' .
  Delete lines 36 through 45.
  On page 3, line 1, delete '(3)' and insert '(2)' and after
'means' insert 'the owner or operator of'.
  In line 2, delete 'that' and insert 'who'.
  In line 6, delete '(4)' and insert '(3)'.
  In line 7, delete 'long term care' and insert 'nursing
facility'.
  In line 9, delete '(5)' and insert '(4)' and after ' between'
insert 'the owners or operators of'.
  In line 10, after 'in' delete the rest of the line and insert
'nursing facilities'.
  In line 11, delete 'the availability of long term care
services'.
  In line 16, delete 'providing' and insert a period.
  Delete line 17.
  In line 21, delete 'in each instance'.
  Delete lines 24 and 25 and insert:
  ' (b) To ensure the placement of nursing facility residents in
appropriate living and health services arrangements;'.
  In line 26, after 'services' insert 'to the state and to
consumers'.
  Delete line 27 and insert:
  ' (d) To avoid, when possible, expenditures of state and
federal funds resulting from the appointment of a trustee
pursuant to ORS 441.277 to 441.323;'.
  In line 28, after 'services;' insert 'and'.
  In line 29, delete '; and' and insert a period.
  Delete line 30.
  Delete lines 33 through 38.
  In line 39, delete '(5)' and insert '(4)'.
  In line 45, delete 'be made'.
  On page 4, line 1, delete 'in the form and manner and shall'.
  In line 2, after 'include' insert a colon and delete the rest
of the line and line 3.
  Delete line 15 and insert:
  ' (e) The name of the representative of the party to the
agreement responsible for completing the reports required by
sections 11 and 12 of this 2001 Act;'.
  In line 27, delete 'shall' and insert 'may'.
  In line 30, after 'Act' insert a semicolon and delete the rest
of the line.
  In line 31, delete 'anticompetitive'.
  In line 32, delete the period and insert '; and
  ' (c) The director is satisfied that approval and
implementation of the voluntary capacity reduction agreement is
consistent with the state policy established in ORS 410.010
(1).'.
  In line 39, delete 'and define'.
  In line 40, delete 'the limits of' and after 'activities '
insert 'in accordance with the application for a voluntary
capacity reduction agreement'.
  Delete lines 44 and 45 and insert:
  ' (a) The practices approved by the director;
  ' (b) The activities required by the director to ensure that
the requirements of ORS 410.505 to 410.545 are met;'.
  On page 5, delete lines 1 and 2.
  In line 5, delete 'Approval of the voluntary capacity reduction
agreement and'.
  In line 9, delete 'all'.
  Delete lines 13 through 45 and delete page 6.
  On page 7, delete lines 1 through 30 and insert:
  '  { +  SECTION 8. + }  { + To the extent permitted and
directed by an order approving a voluntary capacity reduction
agreement application under section 7 of this 2001 Act, parties
to a voluntary capacity reduction agreement may coordinate:
  ' (1) A reduction in nursing facility beds to limit or
eliminate excess nursing facility capacity in target areas;
  ' (2) The identification of nursing facility residents who
shall be relocated because of the loss of nursing facility beds
when the capacity reduction agreement is implemented; and
  ' (3) The transfer of nursing facility residents to other long
term care facilities. + }
  '  { +  SECTION 9. + }  { + The Director of Human Services may
require the parties to a voluntary capacity reduction agreement
that has been approved by the director and that is in effect to
provide information to the director regarding the activities of
the parties and the implementation of the voluntary capacity
reduction agreement. If the director finds that the activities of
the parties are not authorized by the order or that the goals set
forth in the order are not being fulfilled to a substantial
degree, the director may take one or more of the following
actions:
  ' (1) Order the parties to take remedial action to comply with
the order;
  ' (2) Modify the order as appropriate to adjust to changes
approved by the director in the voluntary capacity reduction
agreement to the extent allowed by section 10 of this 2001 Act;
or
  ' (3) Issue an order revoking the approval of the voluntary
capacity reduction agreement. + }
  '  { +  SECTION 10. + }  { + (1) To modify or revoke an order
approving a voluntary capacity reduction agreement, order
remedial action or seek restitution from the parties, the
Director of Human Services shall:
  ' (a) Serve upon the parties a proposed order outlining the
actions that the director intends to take; and
  ' (b) Issue findings that the proposed action is necessary and
appropriate.
  ' (2) No sooner than 21 days after the date the proposed order
has been served on the parties, the director may issue a final
order if:
  ' (a) The parties have not taken appropriate remedial action to
resolve the director's concerns; or
  ' (b) A party to the agreement has not contested the proposed
order under subsection (3) of this section.
  ' (3) A party to a voluntary capacity reduction agreement may
contest the proposed order by filing a written request for a
contested case hearing with the director not later than 20 days
following the date of the proposed order. Unless inconsistent
with this subsection, the provisions of ORS 183.310 to 183.550,
as applicable, shall govern the hearing. The proposed order shall
be final if a request for a hearing is not received.
  ' (4) The director may not modify a voluntary capacity
reduction agreement without the approval of the parties to the
agreement when any party to the agreement demonstrates that:
  ' (a) The parties to the agreement acted in good faith to
implement a voluntary capacity reduction agreement as approved by
the director; and
  ' (b) There has been a change of circumstances beyond the
control of the parties that, in combination with the
modifications of the voluntary capacity reduction agreement in
the director's proposed order, causes a substantial and
unforeseen financial burden on one or more of the parties to the
agreement. + }
  '  { +  SECTION 11. + }  { + (1) Not later than 60 days
following the anniversary date of approval of a voluntary
capacity reduction agreement, a representative of each party to
the agreement shall submit an annual report to the Director of
Human Services on a form prescribed by the director. The director
may request that a representative provide additional information
pertaining to the agreement. The director shall review the annual
report and any additional information submitted to the director
and determine:
  ' (a) Whether the voluntary capacity reduction agreement is
being carried out in accordance with the order of the director
 
approving the agreement application under section 7 of this 2001
Act;
  ' (b) Which of the goals identified in the order are being
achieved and to what degree; and
  ' (c) Whether the parties are engaging in activities that are
not authorized by the order.
  ' (2) Not later than 30 days after receipt of the annual report
and any additional information requested by the director, the
director shall notify the parties in writing that:
  ' (a) The annual report is accepted by the director and the
activities of the parties are in compliance with the order; or
  ' (b) The annual report is not accepted by the director and the
parties are directed to take those actions necessary to fulfill
the obligations of the party. + }
  '  { +  SECTION 12. + }  { + (1) Within 60 days of the
reduction of nursing facility beds or the closure of a nursing
facility in a target area, a representative of each party to the
voluntary capacity reduction agreement shall together submit a
closure report to the Director of Human Services on a form
prescribed by the director.  The director may request that a
representative provide additional information from a party if the
director believes that the information is necessary to evaluate
and act on the closure report.
  ' (2) The director shall review the closure report and any
additional information submitted by a party and determine whether
the parties have fulfilled their obligations under the voluntary
capacity reduction agreement and have met the goals set forth in
the order to the satisfaction of the director.
  ' (3) If the director finds that the obligations of the parties
under the voluntary capacity reduction agreement have been
fulfilled and the goals of the order met, the director shall
accept the report and issue written findings that the obligations
of the parties to the voluntary capacity reduction agreement have
been fulfilled, and no further reports are required.
  ' (4) If the director finds that the obligations of the parties
have not been fulfilled, the director shall direct the parties to
take those actions necessary to fulfill the obligations of the
parties. Upon completion of those actions, the parties shall
together submit a new closure report to the director. If the
director finds that the obligations of the parties under the
voluntary capacity reduction agreement have been fulfilled and
the goals of the order met, the director shall accept the report
and issue written findings that the obligations of the parties to
the voluntary capacity reduction agreement have been fulfilled,
and no further reports are required. + } ' .
  On page 8, delete lines 42 through 44 and insert:
  ' (10) The activities of a nursing facility authorized,
approved and actively supervised by the Director of Human
Services in accordance with sections 4 to 16 of this 2001 Act.'.
  On page 9, line 1, delete 'June 30' and insert 'December 31'.
  After line 1, insert:
  '  { +  SECTION 20. + }  { + The Department of Human Services
may work with other state agencies and private entities to
develop the methods and forms of state resources that may be used
to support voluntary capacity reduction agreements. + } ' .
  In line 2, delete '20' and insert '21'.
  In line 5, delete '21' and insert '22'.
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