72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to HB 2522
 
LC 2060/HB 2522-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2522
 
            By COMMITTEE ON HEALTH AND HUMAN SERVICES
 
                             May 22
 
  On page 1 of the printed bill, line 2, after 'agencies; '
delete the rest of the line and insert 'creating new provisions;
amending ORS 409.185, 414.712, 417.805, 417.810, 417.815,
417.825, 419B.035 and 656.709; appropriating money; and declaring
an emergency.'.
  Delete lines 4 through 31 and delete page 2 and insert:
  '  { +  SECTION 1. + } ORS 414.712 is amended to read:
  ' 414.712.   { - Within six months after obtaining the
necessary federal waivers or January 1, 1995, whichever is
later, - }  The Department of Human Services shall provide
medical assistance under ORS 414.705 to 414.750 to eligible
persons who are aged and described in ORS chapter 413 or who are
blind or disabled and described in ORS chapter 412 and to
children described in ORS 414.025 (2)(f), (i), (j), (k) and (m),
418.001 to 418.034, 418.187 to 418.970 and 657A.020 to 657A.460
and those mental health and chemical dependency services
recommended according to standards of medical assistance
 { - set pursuant to chapter 836, Oregon Laws 1989, - }  and
according to the schedule of implementation established by the
Legislative Assembly. In providing medical assistance services
described in ORS 414.018 to 414.024, 414.042, 414.107, 414.710,
414.720 and 735.712, the Department of Human Services shall also
provide the following:
  ' (1) Ombudsman services for eligible persons who are aged and
described in ORS chapter 413 or who are blind or disabled and
described in ORS chapter 412.  { + With the concurrence of the
Governor, the Director of Human Services shall appoint ombudsmen
and may terminate an ombudsman. Ombudsmen are under the
supervision and control of the director. + } An ombudsman shall
serve as a patient's advocate whenever the patient or a physician
or other medical personnel serving the patient is reasonably
concerned about access to, quality of or limitations on the care
being provided by a health care provider. Patients shall be
informed of the availability of an ombudsman. { +  Ombudsmen
shall report to the Governor in writing at least once each
quarter. A report shall include a summary of the services that
the ombudsman provided during the quarter and the ombudsman's
recommendations for improving ombudsman services and access to or
quality of care provided to eligible persons by health care
providers. + }
  ' (2) Case management services in each health care provider
organization for those eligible persons who are aged and
described in ORS chapter 413 or who are blind or disabled and
described in ORS chapter 412. Case managers shall be trained in
and shall exhibit skills in communication with and sensitivity to
the unique health care needs of people who are elderly and those
with disabilities. Case managers shall be reasonably available to
assist patients served by the organization with the coordination
of the patient's health care services at the reasonable request
of the patient or a physician or other medical personnel serving
the patient. Patients shall be informed of the availability of
case managers.
  ' (3) A mechanism, established by rule, for soliciting consumer
opinions and concerns regarding accessibility to and quality of
the services of each health care provider.
  ' (4) A choice of available medical plans and, within those
plans, choice of a primary care provider.
  ' (5) Due process procedures for any individual whose request
for medical assistance coverage for any treatment or service is
denied or is not acted upon with reasonable promptness. These
procedures shall include an expedited process for cases in which
a patient's medical needs require swift resolution of a dispute.
  '  { +  SECTION 2. + } ORS 414.712, as amended by section 53,
chapter 1084, Oregon Laws 1999, is amended to read:
  ' 414.712.   { - Within six months after obtaining the
necessary federal waivers or January 1, 1995, whichever is
later, - }  The Department of Human Services shall provide
medical assistance under ORS 414.705 to 414.750 to eligible
persons who are aged and described in ORS chapter 413 or who are
blind or disabled and described in ORS chapter 412 and to
children described in ORS 414.025 (2)(f), (i), (j), (k) and (m),
418.001 to 418.034, 418.189 to 418.970 and 657A.020 to 657A.460
and those mental health and chemical dependency services
recommended according to standards of medical assistance
 { - set pursuant to chapter 836, Oregon Laws 1989, - }  and
according to the schedule of implementation established by the
Legislative Assembly. In providing medical assistance services
described in ORS 414.018 to 414.024, 414.042, 414.107, 414.710,
414.720 and 735.712, the Department of Human Services shall also
provide the following:
  ' (1) Ombudsman services for eligible persons who are aged and
described in ORS chapter 413 or who are blind or disabled and
described in ORS chapter 412.  { + With the concurrence of the
Governor, the Director of Human Services shall appoint ombudsmen
and may terminate an ombudsman. Ombudsmen are under the
supervision and control of the director. + } An ombudsman shall
serve as a patient's advocate whenever the patient or a physician
or other medical personnel serving the patient is reasonably
concerned about access to, quality of or limitations on the care
being provided by a health care provider. Patients shall be
informed of the availability of an ombudsman.  { + Ombudsmen
shall report to the Governor in writing at least once each
quarter. A report shall include a summary of the services that
the ombudsman provided during the quarter and the ombudsman's
recommendations for improving ombudsman services and access to or
quality of care provided to eligible persons by health care
providers. + }
  ' (2) Case management services in each health care provider
organization for those eligible persons who are aged and
described in ORS chapter 413 or who are blind or disabled and
described in ORS chapter 412. Case managers shall be trained in
and shall exhibit skills in communication with and sensitivity to
the unique health care needs of people who are elderly and those
with disabilities. Case managers shall be reasonably available to
assist patients served by the organization with the coordination
of the patient's health care services at the reasonable request
of the patient or a physician or other medical personnel serving
the patient. Patients shall be informed of the availability of
case managers.
  ' (3) A mechanism, established by rule, for soliciting consumer
opinions and concerns regarding accessibility to and quality of
the services of each health care provider.
  ' (4) A choice of available medical plans and, within those
plans, choice of a primary care provider.
  ' (5) Due process procedures for any individual whose request
for medical assistance coverage for any treatment or service is
denied or is not acted upon with reasonable promptness. These
procedures shall include an expedited process for cases in which
a patient's medical needs require swift resolution of a dispute.
  '  { +  SECTION 3. + } ORS 417.805 is amended to read:
  ' 417.805.   { - (1) Subject to the availability of funds under
subsection (2) of this section, the State Commission on Children
and Families - }   { + The Office of Children's Advocate + }
shall   { - cause to have installed - }   { + maintain + } a
state toll-free telephone line { +  to allow the public to: + }
 { - that may be used in child abuse situations to provide to
persons who request such information referrals to local
counseling and legal assistance. - }
  '  { - (2) The commission may accept contributions of funds
from any source to meet the costs of the installation described
in subsection (1) of this section. - }
  '  { +  (1) Access information and be referred to the
appropriate services in matters of child abuse.
  ' (2) Voice concerns regarding the actions and conduct of the
Department of Human Services relating to child abuse.
  ' (3) Have a single place to file complaints concerning the
actions and conduct of the Department of Human Services relating
to child abuse. + }
  '  { +  SECTION 4. + } ORS 417.810 is amended to read:
  ' 417.810. (1)   { - Subject to the availability of funds under
ORS 417.805 (2), - }  The Office of Children's
 { - Ombudsman - }   { + Advocate + } is established in the
 { - State Commission on Children and Families. - }  { +
Department of Human Services. The office is under the supervision
and control of the Children's Advocate, who is responsible for
the performance of the duties, functions and powers of the
office.  With the concurrence of + } the Governor { + , the
Director of Human Services + } shall appoint the   { - Children's
Ombudsman for a four-year term. Any vacancy shall be filled
within 60 days. The appointment is subject to confirmation by the
Senate under ORS 171.562 and 171.565. - }  { +  Children's
Advocate and may terminate the Children's Advocate.
  ' (2) Subject to available funds and the applicable provisions
of ORS chapter 240, the Children's Advocate may hire staff to
carry out the duties, functions and powers of the office and
shall prescribe their duties and fix their compensation. + }
  '  { - (2) - }   { + (3) + } The Children's   { - Ombudsman - }
 { + Advocate + } shall be a person who has background and
experience   { - either - }  in { + :
  ' (a) + } Law enforcement with particular emphasis on crimes
involving child victims { + ; + } or   { - in - }
  '  { +  (b) + } Social work with particular emphasis on child
 { - sexual - } abuse.
  '  { +  SECTION 5. + } ORS 417.815 is amended to read:
  ' 417.815. (1) The  { + Office of + } Children's
 { - Ombudsman - }   { + Advocate + } shall be accessible  { + to
the public + } through the state toll-free telephone line
 { - established - }   { + maintained + } pursuant to ORS 417.805
and  { + through other electronic and written forms of
communication.  The office + } shall:
  '  { - (a) Initiate or participate in activities relating to
disseminating information on child sexual abuse detection,
prosecution, prevention and education. - }
  '  { +  (a) Disseminate information and educate the public
about the detection and prevention of child abuse and about the
prosecution of persons accused of child abuse; + }
  ' (b) Cooperate with  { + other units within + } the Department
of Human Services and law enforcement officials in performing
duties under ORS 418.747 to 418.749 and 419B.005 to 419B.050 when
the investigation involves alleged child   { - sexual - }  abuse
 { - . - }  { + ; + }
 
  '  { - (c) Assist the court appointed special advocate under
ORS 419A.170 when the juvenile court proceedings involve a child
sexual abuse victim or a child as the alleged perpetrator of
child sexual abuse. - }
  '  { - (d) - }   { + (c) + } Provide technical assistance in
the development and implementation of state and local programs
that relate to child   { - sexual - }  abuse  { - . - }
 { + ; + }
  '  { - (e) Collect and analyze data on child sexual abuse
detection, prosecution, prevention and education. - }
  '  { +  (d) In cooperation with the department, objectively
review the department's systems for handling child abuse cases;
and
  ' (e) Analyze data collected by the office to discern general
patterns and trends, chronic problems and other systemic
difficulties in the detection, reporting, investigation,
prosecution and resolution of cases of child abuse.
  ' (2) In addition to the duties required under subsection (1)
of this section, the office shall:
  ' (a) Review any complaint regarding the department's
involvement in a specific child abuse case, unless the office
determines there is an adequate remedy for the complaint;
  ' (b) Make any appropriate referrals of the complaint or
complainant at the time the office receives the complaint or
during the office's review process;
  ' (c) Inform the complainant of the referral of the complaint
or any other action taken by the office on the complaint;
  ' (d) Inform the department of the office's intention to review
the department's action, unless the office determines that
advance notice will unduly hinder the review; and
  ' (e) Conduct a review of the department's action when
appropriate, and inform the department of the results of the
review, including any recommendation the Children's Advocate
believes would resolve any case or any systemic issues identified
in the review. + }
  '  { - (2) - }   { + (3) + } If the   { - Children's
Ombudsman - }   { + office + } has knowledge of confidential
information relating to a child involved or allegedly involved in
child   { - sexual - }  abuse,   { - such - }   { + the office
shall keep the + } information   { - shall remain - }
confidential from public disclosure. However, the   { - ombudsman
shall be - }   { + office is + } subject to legal mandates in ORS
418.747 to 418.749 and 419B.005 to 419B.050.
  '  { +  (4) A person who files a complaint under this section
or ORS 417.805 or participates in any investigation under this
section may not be, because of that action:
  ' (a) Subject to any penalties, sanctions or restrictions
imposed by the department;
  ' (b) Subject to any penalties, sanctions or restrictions
connected with the person's employment; or
  ' (c) Denied any right, privilege or benefit.
  ' (5) If deemed necessary by the Children's Advocate for the
purposes of carrying out the duties of the office, the office may
conduct criminal records checks on subject individuals pursuant
to ORS 181.537 through the Law Enforcement Data System maintained
by the Department of State Police or through a qualified
vendor. + }
  '  { +  SECTION 6. + } ORS 417.825 is amended to read:
  ' 417.825.  { + (1) + } In addition to any other fees provided
by law,
  { - a $1 fee on the original filing and duplication of birth
certificates, adoption filing and divorce filing shall be
collected by the agency responsible for collecting the issuance
or filing fee and the money dedicated to child sexual abuse
prevention and intervention programs and to the Children's
Ombudsman pursuant to ORS 417.400 to 417.490 (1991 Edition). The
money shall be credited to the commission by the person
collecting the fee. - }  { +  the appropriate agency:
  ' (a) When birth certificates are registered with the state,
shall pay a $1 fee on each birth certificate registered with the
agency.
  ' (b) That issues birth certificates for the state or a county,
shall collect a $1 fee on each birth certificate issued by the
agency.
  ' (c) When adoptions and divorces are filed with the court,
shall collect a $1 fee on each adoption and divorce filed with
the agency.
  ' (2) The agencies paying or collecting the fees described in
subsection (1) of this section shall transfer moneys from the
fees imposed by this section to the State Treasurer for deposit
in the Department of Human Services Account established under ORS
409.060. The moneys deposited under this section are appropriated
continuously to the Department of Human Services for use by the
Office of Children's Advocate for the administration of ORS
417.805, 417.810 and 417.815. + }
  '  { +  SECTION 7. + } ORS 409.185 is amended to read:
  ' 409.185. (1) The Director of Human Services shall oversee the
development of standards and procedures for assessment,
investigation and enforcement of child protective services.
  ' (2)(a) The Department of Human Services shall take action to
implement the provision of child protective services as outlined
in ORS 417.705 to 417.797 and 419A.170 and based on the
recommendations in the 1992 'Oregon Child Protective Services
Performance Study' published by the University of Southern Maine.
  ' (b) In all substantiated cases of child abuse and neglect,
the role of the department is to complete a comprehensive family
assessment of risk of abuse or neglect, or both, assess service
needs and provide immediate protective services as necessary.
  ' (c) The department shall provide remedial services needed to
ensure the safety of the child.
  ' (d) In all cases of abuse and neglect when a criminal
investigation occurs, the role of law enforcement agencies is to
provide a legally sound, child sensitive investigation of whether
abuse or neglect or both have occurred and to gather other
evidence and perform other responsibilities in accordance with
interagency agreements.
  ' (e) The department and law enforcement agencies shall conduct
the investigation and assessment concurrently, based upon the
protocols and procedures of the multidisciplinary team in each
jurisdiction.
  ' (f) When the department and law enforcement agencies conduct
a joint investigation and assessment, the activities of the
department and agencies are to be clearly differentiated by the
protocols of the multidisciplinary team.
  ' (g) Nothing in this subsection is intended to be inconsistent
with ORS 418.747, 418.748 and 418.749 and ORS chapter 419B.
  '  { +  (3) Upon receipt of a recommendation of the Children's
Advocate under ORS 417.815 (2)(e), the department shall implement
the recommendation or give the Children's Advocate written notice
of an intent not to implement the recommendation. + }
  '  { +  SECTION 8. + } ORS 419B.035 is amended to read:
  ' 419B.035. (1) Notwithstanding the provisions of ORS 192.001
to 192.170, 192.210 to 192.505 and 192.610 to 192.990 relating to
confidentiality and accessibility for public inspection of public
records and public documents, reports and records compiled under
the provisions of ORS 419B.010 to 419B.050 are confidential and
are not accessible for public inspection. However, the Department
of Human Services shall make records available to:
  ' (a) Any law enforcement agency or a child abuse registry in
any other state for the purpose of subsequent investigation of
child abuse;
 
  ' (b) Any physician, at the request of the physician, regarding
any child brought to the physician or coming before the physician
for examination, care or treatment;
  ' (c) Attorneys of record for the child or child's parent or
guardian in any juvenile court proceeding;
  ' (d) Citizen review boards established by the Judicial
Department for the purpose of periodically reviewing the status
of children, youths and youth offenders under the jurisdiction of
the juvenile court under ORS 419B.100 and 419C.005. Citizen
review boards may make such records available to participants in
case reviews;
  ' (e) A court appointed special advocate in any juvenile court
proceeding in which it is alleged that a child has been subjected
to child abuse or neglect;   { - and - }
  ' (f) The Child Care Division for certifying, registering or
otherwise regulating child care facilities { + ; and + }
  '  { +  (g) The Office of Children's Advocate + }.
  ' (2) The Department of Human Services may make reports and
records available to any person, administrative hearings officer,
court, agency, organization or other entity when the department
determines that such disclosure is necessary to administer its
child welfare services and is in the best interests of the
affected child, or that such disclosure is necessary to
investigate, prevent or treat child abuse and neglect, to protect
children from abuse and neglect or for research when the
  { - assistant director - }   { + Director of Human Services + }
gives prior written approval. The department shall adopt rules
setting forth the procedures by which it will make the
disclosures authorized under this subsection and subsection (1)
of this section. The names, addresses or other identifying
information about the person who made the report shall not be
disclosed pursuant to this subsection and subsection (1) of this
section.
  ' (3) Any record made available to a law enforcement agency in
this state or to a physician in this state, as authorized by
subsections (1) and (2) of this section, shall be kept
confidential by the agency or physician. Any record or report
disclosed by the department to other persons or entities pursuant
to subsections (1) and (2) of this section shall be kept
confidential.
  ' (4) No officer or employee of the department or any person or
entity to whom disclosure is made pursuant to subsections (1) and
(2) of this section shall release any information not authorized
by subsections (1) and (2) of this section.
  ' (5) A person who violates subsection (3) or (4) of this
section commits a Class A violation.
  '  { +  SECTION 9. + }  { + On the effective date of this 2003
Act, the duties, functions and powers of the State Commission on
Children and Families relating to the Office of Children's
Advocate are imposed upon, transferred to and vested in the
Department of Human Services. + }
  '  { +  SECTION 10. + }  { + (1) The staff director of the
State Commission on Children and Families shall:
  ' (a) Deliver to the Department of Human Services all records
and property within the jurisdiction of the director that relate
to the duties, functions and powers transferred by section 9 of
this 2003 Act; and
  ' (b) Transfer to the Department of Human Services those
employees engaged primarily in the exercise of the duties,
functions and powers transferred by section 9 of this 2003 Act.
  ' (2) The Director of Human Services shall take possession of
the records and property, and shall take charge of the employees
and employ them in the exercise of the duties, functions and
powers transferred by section 9 of this 2003 Act, without
reduction of compensation but subject to change or termination of
employment or compensation as provided by law.
  ' (3) The Governor shall resolve any dispute between the State
Commission on Children and Families and the Department of Human
Services relating to transfers of records, property and employees
under this section, and the Governor's decision is final. + }
  '  { +  SECTION 11. + }  { + (1) The unexpended balances of
amounts authorized to be expended by the State Commission on
Children and Families for the biennium beginning July 1, 2003,
from revenues dedicated, continuously appropriated, appropriated
or otherwise made available for the purpose of administering and
enforcing the duties, functions and powers transferred by section
9 of this 2003 Act are appropriated and transferred to and are
available for expenditure by the Department of Human Services for
the biennium beginning July 1, 2003, for the purpose of
administering and enforcing the duties, functions and powers
transferred by section 9 of this 2003 Act.
  ' (2) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the State Commission
on Children and Families relating to the duties, functions and
powers transferred by section 9 of this 2003 Act remain
applicable to expenditures by the Department of Human Services
under this section. + }
  '  { +  SECTION 12. + }  { + The transfer of duties, functions
and powers to the Department of Human Services by section 9 of
this 2003 Act does not affect any action, proceeding or
prosecution involving or with respect to such duties, functions
and powers begun before and pending at the time of the transfer,
except that the Department of Human Services is substituted for
the State Commission on Children and Families in the action,
proceeding or prosecution. + }
  '  { +  SECTION 13. + }  { + (1) Nothing in sections 9 to 15 of
this 2003 Act or ORS 409.185, 417.805, 417.810, 417.815, 417.825
or 419B.035 as amended by sections 3 to 8 of this 2003 Act
relieves a person of a liability, duty or obligation accruing
under or with respect to the duties, functions and powers
transferred by section 9 of this 2003 Act. The Department of
Human Services may undertake the collection or enforcement of any
such liability, duty or obligation.
  ' (2) The rights and obligations of the State Commission on
Children and Families legally incurred under contracts, leases
and business transactions executed, entered into or begun before
the effective date of section 9 of this 2003 Act are transferred
to the Department of Human Services. For the purpose of
succession to these rights and obligations, the Department of
Human Services is a continuation of the State Commission on
Children and Families and not a new authority. + }
  '  { +  SECTION 14. + }  { + Notwithstanding the transfer of
duties, functions and powers by section 9 of this 2003 Act, the
rules of the State Commission on Children and Families relating
to the duties, functions and powers transferred by section 9 of
this 2003 Act, in effect on the effective date of section 9 of
this 2003 Act, continue in effect until superseded or repealed by
rules of the Department of Human Services. References in the
specified rules of the State Commission on Children and Families
to the commission or an officer or employee of the commission are
considered to be references to the Department of Human Services
or an officer or employee of the department. + }
  '  { +  SECTION 15. + }  { + (1) Whenever, in any uncodified
law or resolution of the Legislative Assembly relating to the
duties, functions and powers transferred by section 9 of this
2003 Act or in any rule, document, record or proceeding
authorized by the Legislative Assembly relating to the duties,
functions and powers transferred by section 9 of this 2003 Act,
reference is made to the State Commission on Children and
Families or an officer or employee of the commission, the
reference is considered to be a reference to the Department of
Human Services or an officer or employee of the department.
  ' (2) Whenever, in any uncodified law or resolution of the
Legislative Assembly relating to the duties, functions and powers
transferred by section 9 of this 2003 Act or in any rule,
document, record or proceeding authorized by the Legislative
Assembly relating to the duties, functions and powers transferred
by section 9 of this 2003 Act, reference is made to the Office of
Children's Ombudsman or an officer or employee of the Office of
Children's Ombudsman, the reference is considered to be a
reference to the Office of Children's Advocate or an officer or
employee of the Office of Children's Advocate. + }
  '  { +  SECTION 16. + } ORS 656.709 is amended to read:
  ' 656.709. (1) { + (a) + } The   { - office of - }
 { + Director of the Department of Consumer and Business
Services, with the concurrence of the Governor, shall appoint
an + } ombudsman for injured workers { + . + }   { - is created
in the Department of Consumer and Business Services. The
ombudsman shall report directly to the Director of the Department
of Consumer and Business Services - }  { +  The ombudsman is
under the supervision and control of the director and, with the
concurrence of the Governor, the director may terminate the
ombudsman + }.
  '  { +  (b) + } The ombudsman  { + for injured workers + }
shall { + :
  ' (A) + } Act as an advocate for injured workers by
accepting { + , investigating and attempting to resolve + }
complaints concerning matters related to workers' compensation
 { - , investigating them and attempting to resolve them. The
ombudsman shall also - }  { + ;
  ' (B) + } Provide information to injured workers to enable them
to protect their rights in the workers' compensation system { + ;
and
  ' (C) Report to the Governor in writing at least once each
quarter. A report shall include a summary of the services that
the ombudsman provided during the quarter and the ombudsman's
recommendations for improving ombudsman services and for
protecting workers' rights in the workers' compensation
system + }.
  ' (2) { + (a) + } The   { - office of - }   { + Director of the
Department of Consumer and Business Services, with the
concurrence of the Governor, shall appoint an + } ombudsman for
small business { + . + }   { - is created in the department. The
ombudsman shall report directly to the director. - }   { + The
ombudsman is under the supervision and control of the director
and, with the concurrence of the Governor, the director may
terminate the ombudsman. + }
  '  { +  (b) + } The ombudsman  { + for small business + }
shall { + :
  ' (A) + } Provide information and assistance to small
businesses with regard to workers' compensation insurance and
claims processing matters { + ; and + }
  '  { +  (B) Report to the Governor in writing at least once
each quarter. A report shall include a summary of the services
that the ombudsman provided during the quarter and the
ombudsman's recommendations for improving ombudsman services and
for providing information and assistance to small businesses with
regard to workers' compensation insurance and claims processing
matters + }.
  '  { +  SECTION 17. + }  { + If an agency or officer of the
executive department, as defined by ORS 174.112, designates a
person to perform ombudsman services, the person shall report to
the Governor in writing at least once each quarter. A report
shall include a summary of the services that the person provided
during the quarter and the person's recommendations for improving
ombudsman services and the services for which the person provides
assistance. + }
 
  '  { +  SECTION 18. + }  { + Section 17 of this 2003 Act
applies to all designations, whether made before, on or after the
effective date of this 2003 Act. + }
  '  { +  SECTION 19. + }  { + This 2003 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2003 Act
takes effect July 1, 2003. + } ' .
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