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 427
 
                         Senate Bill 142
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor Theodore R.
  Kulongoski for the Department of Human Services)
 
 
                             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.
 
  Modifies duties of Medicaid Long Term Care Quality and
Reimbursement Advisory Council.
 
                        A BILL FOR AN ACT
Relating to Medicaid Long Term Care Quality and Reimbursement
  Advisory Council; amending ORS 410.555.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 410.555 is amended to read:
  410.555. (1) The Department of Human Services shall submit to
the Medicaid Long Term Care Quality and Reimbursement Advisory
Council, for the council's review and recommendation, any
proposed change or modification to the Oregon Medicaid
reimbursement system for long term care services and
community-based care services.
  (2) Upon review of any proposed change or modification under
subsection (1) of this section, the council shall issue a written
advisory recommendation to the department. The recommendation
shall state whether the council supports or opposes the proposed
change or modification and whether the council believes the
proposed change or modification will have an adverse or positive
effect on the quality of long term care services and
community-based care services provided under the Oregon Medicaid
program.
   { +  (3) The council shall issue its recommendation to the
department within the timelines established by the department by
rule. + }
    { - (3) - }   { + (4)(a) + }  { + Except as provided in
paragraph (b) of this subsection, + } prior to implementing any
change or modification to the reimbursement system for long term
care services and community-based care services, the Department
of Human Services shall submit the council's written
recommendation to the Legislative Assembly or to the Emergency
Board if the Legislative Assembly is not in session.
   { +  (b) If the department does not receive a recommendation
from the council within the timelines established by the
department, the department, when the department seeks approval of
a proposed change or modification as described in paragraph (c)
of this subsection, shall report in writing to the Legislative
Assembly or Emergency Board that the department did not receive a
recommendation from the council.
  (c) + } Before instituting the proposed change or modification,
the department shall obtain the approval of the Legislative
Assembly or the Emergency Board if the Legislative Assembly is
not in session.
   { +  (d) + } A proposed change or modification with an
estimated fiscal impact of $100,000 or less   { - shall be - }
 { + is + } exempt from the provisions of this subsection.
    { - (4) - }   { + (5) + } At the beginning of each
legislative session, the Medicaid Long Term Care Quality and
Reimbursement Advisory Council shall review the Governor's
proposed budget for the Department of Human Services.
    { - (5) - }   { + (6) + } The Department of Human Services
shall adopt such rules as are reasonably necessary for the
enforcement of this section. The department shall submit to the
council any proposed rule that directly or indirectly affects
payment rates prior to proceeding with the notice requirements
provided for in ORS 183.335. The department shall consider the
comments of the council that pertain to the proposed rule.
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