Relating to trauma services; creating new provisions; amending ORS 742.520, 742.524 and 742.530 and section 10, chapter 533, Oregon Laws 1981; 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 2832
 
                         House Bill 3394
 
Sponsored by Representative BATES; Representative PATRIDGE
 
 
                             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.
 
  Requires $5,000 personal injury protection benefits for motor
vehicle liability policy dedicated to trauma service medical
expenses.
  Authorizes Department of Revenue to establish total rate of
9-1-1 emergency reporting system tax subject to cap of
$___. Dedicates portion of tax to support costs of certain trauma
service programs.
 
                        A BILL FOR AN ACT
Relating to trauma services; creating new provisions; amending
  ORS 742.520, 742.524 and 742.530 and section 10, chapter 533,
  Oregon Laws 1981; 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. ORS 742.520 is amended to read:
  742.520. (1) Every motor vehicle liability policy issued for
delivery in this state that covers any private passenger motor
vehicle shall provide personal injury protection benefits to the
person insured thereunder, members of that person's family
residing in the same household, children not related to the
insured by blood, marriage or adoption who are residing in the
same household as the insured and being reared as the insured's
own, passengers occupying the insured motor vehicle and
pedestrians struck by the insured motor vehicle. 'Personal injury
protection benefits' means the benefits described in this section
and ORS 742.524 and 742.530.
  (2) Personal injury protection benefits apply to a person's
injury or death resulting:
  (a) In the case of the person insured under the policy and
members of that person's family residing in the same household,
from the use, occupancy or maintenance of any motor vehicle,
except the following vehicles:
  (A) A motor vehicle, including a motorcycle or moped, that is
owned or furnished or available for regular use by any of such
persons and that is not described in the policy;
  (B) A motorcycle or moped which is not owned by any of such
persons, but this exclusion applies only when the injury or death
results from such person's operating or riding upon the
motorcycle or moped; and
  (C) A motor vehicle not included in subparagraph (A) or (B) of
this paragraph and not a private passenger motor vehicle.
However, this exclusion applies only when the injury or death
results from such person's operating or occupying the motor
vehicle.
  (b) In the case of a passenger occupying or a pedestrian struck
by the insured motor vehicle, from the use, occupancy or
maintenance of the vehicle.
  (3) Personal injury protection benefits consist of payments for
expenses, loss of income and loss of essential services as
provided in ORS 742.524.
  (4) An insurer shall pay all personal injury protection
benefits promptly after proof of loss has been submitted to the
insurer.
  (5) The potential existence of a cause of action in tort does
not relieve an insurer from the duty to pay personal injury
protection benefits.
  (6) Disputes between insurers and beneficiaries about the
amount of personal injury protection benefits, or about the
denial of personal injury protection benefits, shall be decided
by arbitration if mutually agreed to at the time of the dispute.
  (7) As used in ORS 742.520 to 742.542:
  (a) 'Motor vehicle' means a self-propelled land motor vehicle
or trailer, other than:
  (A) A farm type tractor or other self-propelled equipment
designed for use principally off public roads, while not upon
public roads;
  (B) A vehicle operated on rails or crawler-treads; or
  (C) A vehicle located for use as a residence or premises.
  (b) 'Motorcycle' and 'moped' have the meanings given those
terms in ORS 801.345 and 801.365.
  (c) 'Occupying' means in, or upon, or entering into or
alighting from.
  (d) 'Pedestrian' means a person while not occupying a
self-propelled vehicle other than a wheelchair or a similar
low-powered motorized or mechanically propelled vehicle that is
designed specifically for use by a physically disabled person and
that is determined to be medically necessary for the occupant of
the wheelchair or other low-powered vehicle.
  (e) 'Private passenger motor vehicle' means a four-wheel
passenger or station wagon type motor vehicle not used as a
public or livery conveyance, and includes any other four-wheel
motor vehicle of the utility, pickup body, sedan delivery or
panel truck type not used for wholesale or retail delivery other
than farming, a self-propelled mobile home, and a farm truck.
   { +  (f) 'Trauma services' means services provided within 72
hours of a motor vehicle accident to a person entitled to receive
personal injury protection benefits by a hospital designated as a
trauma hospital in accordance with ORS 431.611. + }
  SECTION 2. ORS 742.524 is amended to read:
  742.524. (1) Personal injury protection benefits as required by
ORS 742.520 shall consist of the following payments for the
injury or death of each person:
  (a) All reasonable and necessary expenses of medical, hospital,
dental, surgical, ambulance and prosthetic services incurred
within one year after the date of the person's injury, but not
more than $10,000 in the aggregate for all such expenses of the
person. Expenses of medical, hospital, dental, surgical,
ambulance and prosthetic services shall be presumed to be
reasonable and necessary unless the provider is given notice of
denial of the charges not more than 60 calendar days after the
insurer receives from the provider notice of the claim for the
services. At any time during the first 50 calendar days after the
insurer receives notice of claim, the provider shall, within 10
business days, answer in writing questions from the insurer
regarding the claim. For purposes of determining when the 60-day
period provided by this paragraph has elapsed, counting of days
shall be suspended if the provider does not supply written
answers to the insurer within 10 days and shall not resume until
the answers are supplied.
   { +  (b) If medical expense benefits required under paragraph
(a) of this subsection are exhausted, an additional $5,000 for
trauma services. The availability of benefits under this
paragraph does not reduce the amount that a trauma service
provider may recover under paragraph (a) of this subsection.
Notwithstanding ORS 87.555 to 87.585, benefits under this
paragraph may not be included as funds available to determine the
proportionate share of a lien for a trauma service provider for
benefits provided under paragraph (a) of this subsection. If
multiple trauma service providers seeking reimbursement under
this paragraph have liens, the liens shall be prorated as
provided in ORS 87.555 after subtracting any amounts paid to a
trauma service provider under paragraph (a) of this
subsection. + }
    { - (b) - }   { + (c) + } If the injured person is usually
engaged in a remunerative occupation and if disability continues
for at least 14 days, 70 percent of the loss of income from work
during the period of the injured person's disability until the
date the person is able to return to the person's usual
occupation. This benefit is subject to a maximum payment of
$1,250 per month and a maximum payment period in the aggregate of
52 weeks. As used in this paragraph, 'income' includes but is not
limited to salary, wages, tips, commissions, professional fees
and profits from an individually owned business or farm.
    { - (c) - }   { + (d) + } If the injured person is not
usually engaged in a remunerative occupation and if disability
continues for at least 14 days, the expenses reasonably incurred
by the injured person for essential services in lieu of the
services the person would have performed without income during
the period of the person's disability until the date the person
is reasonably able to perform such essential services. This
benefit is subject to a maximum payment of $30 per day and a
maximum payment period in the aggregate of 52 weeks.
    { - (d) - }   { + (e) + } All reasonable and necessary
funeral expenses incurred within one year after the date of the
person's injury, but not more than $2,500.
    { - (e) - }   { + (f) + } If the injured person is a parent
of a minor child and is required to be hospitalized for a minimum
of 24 hours, $15 per day for child care, with payments to begin
after the initial 24 hours of hospitalization and to be made for
as long as the person is unable to return to work if the person
is engaged in a remunerative occupation or for as long as the
person is unable to perform essential services that the person
would have performed without income if the person is not usually
engaged in a remunerative occupation, but not to exceed $450.
  (2) With respect to the insured person and members of that
person's family residing in the same household, an insurer may
offer forms of coverage for the benefits required by subsection
  { - (1)(a), (b) and (c) - }   { + (1)(a), (c) and (d) + } of
this section with deductibles of up to $250.
  SECTION 3. ORS 742.530 is amended to read:
  742.530. (1) The insurer may exclude from the coverage for
personal injury protection benefits any injured person who:
  (a) Intentionally causes self-injury; or
  (b) Is participating in any prearranged or organized racing or
speed contest or practice or preparation for any such contest.
  (2) The insurer may exclude from the coverage for the benefits
required by ORS 742.524   { - (1)(b) and (c) - }   { + (1)(c) and
(d) + } any person injured as a pedestrian in an accident outside
this state, other than the insured person or a member of that
person's family residing in the same household.
  SECTION 4. Section 10, chapter 533, Oregon Laws 1981, as
amended by section 1, chapter 793, Oregon Laws 1989, section 12,
chapter 743, Oregon Laws 1991, section 1, chapter 808, Oregon
Laws 1993, section 2, chapter 276, Oregon Laws 1995, section 2,
chapter 740, Oregon Laws 2001, and section 1, chapter 5, Oregon
Laws 2002, is amended to read:
   { +  Sec. 10. + } (1) There is imposed on each paying retail
subscriber who has telecommunication services with access to the
9-1-1 emergency reporting system a tax equal to 75 cents per
month  { +  to pay for the distribution of revenues required by
sections 17 and 18, chapter 533, Oregon Laws 1981, plus an amount
determined under subsection (5) of this section, but not to
exceed ___ cents per month to pay for the trauma service programs
described in section 5 of this 2003 Act + }. The tax shall be
applied on a telecommunications circuit designated for a
particular subscriber. One subscriber line shall be counted for
each circuit that is capable of generating usage on the line side
of the switched network regardless of the quantity or ownership
of customer premise equipment connected to each circuit. For
providers of central office based services, the tax shall be
applied to each line that has unrestricted connection to the
switched network. Those central office based service lines that
have restricted connection to the switched network shall be
charged based on software design in the central office that
restricts the number of station calls to and from the network.
For cellular, wireless or other radio common carriers, the tax
shall apply on a per instrument basis and only if the
subscriber's place of primary use, as defined and determined
under 4 U.S.C. 116 to 126, is within this state.
  (2) The subscriber shall be liable for the tax imposed by this
section.
  (3) The amounts of tax collected by the provider shall be
considered as payment by the subscriber for that amount of tax.
  (4) Any return made by the provider collecting the tax shall be
accepted by the Department of Revenue as evidence of payments by
the subscriber of amounts of tax so indicated upon the return.
   { +  (5) The Department of Revenue, in consultation with the
Department of Human Services, shall establish by rule the rate of
the 9-1-1 emergency reporting system tax assessed and collected
under this section required to pay for the distribution of
revenues required by sections 17 and 18, chapter 533, Oregon Laws
1981, and to pay for the distribution of revenues required by
section 5 of this 2003 Act to support trauma services. + }
  SECTION 5.  { + (1) The moneys raised by the 9-1-1 emergency
reporting system tax assessed and collected in addition to the
tax equal to 75 cents per month to pay for the distribution of
revenues required by sections 17 and 18, chapter 533, Oregon Laws
1981, under section 10, chapter 533, Oregon Laws 1981, as amended
by section 4 of this 2003 Act, shall be distributed as
follows: + }
 
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
 
   { +
(aTrauma services for
      indigent persons under
      ORS chapter 445......$    ___
  (b) Emergency Medical Services
      for Children Program under
      ORS 431.671..........$    ___
  (c) Emergency Medical Services
      and Trauma System Program
      under ORS 431.623....$    ___
 + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
   { +  (2) The funds distributed to trauma service programs
under subsection (1) of this section are in addition to, and not
in lieu of, General Fund appropriations to support those
programs.
  (3) Any surplus funds resulting from the 9-1-1 emergency
reporting system tax assessed and collected under section 10,
chapter 533, Oregon Laws 1981, as amended by section 4 of this
2003 Act, required to support trauma services shall be used
reimburse hospitals in this state for expenses incurred in
providing medical services to indigent persons. + }
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