Relating to health service assessments; appropriating money; and providing for revenue raising that requires approval by a three-fifths majority.

 
 
 
     72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 2387
 
                         House Bill 3393
 
Sponsored by Representative BATES
 
 
                             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 as
introduced.
 
  Imposes assessments for hospital, physician or pharmacy
services. Directs Department of Human Services to collect
assessments. Establishes Medicaid Fund. Continuously appropriates
Medicaid Fund moneys to Department of Human Services for medical
assistance programs.
  Applies to hospital or physician services billed and
prescriptions filled in calendar quarters beginning on or after
January 1, 2004.
 
                        A BILL FOR AN ACT
Relating to health service assessments; appropriating money; and
  providing for revenue raising that requires approval by a
  three-fifths majority.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section:
  (a) 'Hospital' has the meaning given that term in ORS 442.015.
  (b) 'Gross billing' means the amount billed to a patient for
hospital services. 'Gross billing' does not include any amount
billed for the assessment imposed under this section.
  (2) A hospital services assessment is imposed on each hospital
in this state. The amount of the assessment is ___ percent of the
gross billing of a hospital.
  (3) Each hospital shall compute, report and pay the assessment
each calendar quarter.
  (4) The assessment shall be reported on a form prescribed by
the Department of Human Services and shall contain the
information required to be reported by the department. The
assessment form shall be filed with the department on or before
the 20th day of the month following the calendar quarter for
which the assessment is being reported. The hospital shall pay
the assessment at the time the hospital files the assessment
report. The payment shall accompany the report. + }
  SECTION 2.  { + (1) As used in this section:
  (a) 'Physician' has the meaning given that term in ORS 677.010.
  (b) 'Gross billing' means the amount billed to a patient for
hospital services. 'Gross billing' does not include any amount
billed for the assessment imposed under this section.
  (2) A physician services assessment is imposed on each
physician in this state. The amount of the assessment is
___ percent of the gross billing of the physician.
 
  (3) Each physician shall compute, report and pay the assessment
each calendar quarter.
  (4) The assessment shall be reported on a form prescribed by
the Department of Human Services and shall contain the
information required to be reported by the department. The
assessment form shall be filed with the department on or before
the 20th day of the month following the calendar quarter for
which the assessment is being reported. The physician shall pay
the assessment at the time the physician files the assessment
report. The payment shall accompany the report. + }
  SECTION 3.  { + (1) As used in this section:
  (a) 'Pharmacy' means a drug outlet, as that term is defined in
ORS 689.005, but does not include a penal institution,
wholesaler, manufacturer or out-of-state mail order vendor.
  (b) 'Prescription' has the meaning given that term in ORS
689.005.
  (c) 'Prescription drug' has the meaning given that term in ORS
689.005.
  (2) A pharmacy services assessment is imposed on each pharmacy
in this state. The amount of the assessment is $1.00 per
prescription that is filled by the pharmacy by dispensing a
prescription drug.
  (3) Each pharmacy shall compute, report and pay the assessment
each calendar quarter.
  (4) The assessment shall be reported on a form prescribed by
the Department of Human Services and shall contain the
information required to be reported by the department. The
assessment form shall be filed with the department on or before
the 20th day of the month following the calendar quarter for
which the assessment is being reported. The pharmacy shall pay
the assessment at the time the pharmacy files the assessment
report. The payment shall accompany the report. + }
  SECTION 4.  { + (1) A hospital, physician or pharmacy that is
subject to assessment under sections 1 to 3 of this 2003 Act and
that fails to file an assessment report or pay an assessment by
the date the report or assessment is due shall be subject to a
penalty of $500 per day of delinquency. The total amount of
penalties imposed under this section for each reporting period
may not exceed two percent of the assessment due under sections 1
to 3 of this 2003 Act for the reporting period for which
penalties are being assessed.
  (2) Penalties imposed under this section shall be collected by
the Department of Human Services. + }
  SECTION 5.  { + Any hospital, physician or pharmacy subject to
assessment under sections 1 to 3 of this 2003 Act that is
aggrieved by an action of the Department of Human Services or by
an action of the Director of the Department of Human Services
under sections 1 to 3, 4 or 6 of this 2003 Act may appeal the
action as a contested case under ORS 183.310 to 183.550. + }
  SECTION 6.  { + (1) Each hospital, physician or pharmacy
subject to assessment under sections 1 to 3 of this 2003 Act
shall maintain records sufficient to determine the amount of the
assessment under sections 1 to 3 of this 2003 Act.
  (2) The Department of Human Services may audit the records of
any hospital, physician or pharmacy subject to assessment under
sections 1 to 3 of this 2003 Act to determine compliance with
sections 1 to 3 of this 2003 Act. The department may audit
records at any time for a period of three years following the
date an assessment is due to be reported and paid under sections
1 to 3 of this 2003 Act. + }
  SECTION 7.  { + Amounts collected by the Department of Human
Services from the assessments under sections 1 to 3 of this 2003
Act and from penalties imposed under section 4 of this 2003 Act
shall be deposited in a suspense account established under ORS
293.445. Amounts necessary to pay refunds are continuously
appropriated to the department from the suspense account. After
the payment of refunds, the net amount of revenue shall be
transferred to the Medicaid Fund established under section 9 of
this 2003 Act. + }
  SECTION 8.  { + Sections 1 to 7 of this 2003 Act apply to
hospital or physician services billed and prescriptions filled in
calendar quarters beginning on or after January 1, 2004. + }
  SECTION 9.  { + (1) The Medicaid Fund is created, separate and
distinct from the General Fund. Interest earned by the Medicaid
Fund shall be credited to the Medicaid Fund.
  (2) Moneys in the Medicaid Fund are continuously appropriated
to the Department of Human Services for medical assistance
programs. + }
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