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 1684
 
                           A-Engrossed
 
                         Senate Bill 470
                 Ordered by the Senate April 28
           Including Senate Amendments dated April 28
 
Sponsored by Senators FISHER, SHIELDS; Senators DEVLIN, GORDLY,
  MINNIS, MORRISETTE, MORSE, WALKER, WINTERS, Representatives
  GALLEGOS, KRUMMEL
 
 
                             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.
 
  Prohibits retaliation by county against community mental health
and developmental disabilities program that requests mediation
 { - or takes other action - }  { + , requests dispute
resolution, files appeal or initiates contested case
proceeding + } to address contract dispute between county and
program. Authorizes private cause of action for damages. { +
Directs court to award reasonable attorney fees to prevailing
party. + }
 
                        A BILL FOR AN ACT
Relating to community mental health and developmental
  disabilities programs; creating new provisions; and amending
  ORS 430.673.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 430.673 is amended to read:
  430.673. (1) When a dispute exists between a county and a
community mental health and developmental disabilities program
 { +  that is a private corporation or individual + } regarding
the terms of their contract or the interpretation of an
administrative rule of the Department of Human Services relating
to department programs under this chapter, either party may
request mediation under rules adopted by the department.
   { +  (2) A county may not retaliate against a community mental
health and developmental disabilities program solely because the
program:
  (a) Requested mediation under subsection (1) of this section;
  (b) Requested dispute resolution or filed an appeal under rules
adopted by the department under this section with respect to a
dispute described in subsection (1) of this section; or
  (c) Initiated a contested case proceeding otherwise available
under ORS 183.310 to 183.550 with respect to a dispute described
in subsection (1) of this section.
  (3) For purposes of this section, 'retaliate' means an adverse
action taken by a county against a community mental health and
developmental disabilities program to:
 
  (a) Materially alter or terminate the contract between the
county and the community mental health and developmental
disabilities program; or
  (b) Fail to renew the contract between the county and the
community mental health and developmental disabilities program.
  (4) Notwithstanding any other remedy provided by law, a
community mental health and developmental disabilities program
against which a county has retaliated in violation of subsection
(2) of this section may bring an action against the county for
actual damages or $1,000, whichever is greater. The court shall
award reasonable attorney fees to the prevailing party in an
action under this subsection. An action described in this section
shall be considered a tort claim under ORS 30.260 to 30.300.
Except as provided in this section, the provisions of ORS 30.260
to 30.300 apply to an action described in this section. + }
    { - (2) - }   { + (5) + } In accordance with any applicable
provision of ORS 183.310 to 183.550, the department may adopt
rules to carry out the provisions of this section.
  SECTION 2.  { + The amendments to ORS 430.673 by section 1 of
this 2003 Act apply to:
  (1) Requests for mediation made by a community mental health
and developmental disabilities program on or after the effective
date of this 2003 Act;
  (2) Requests for dispute resolution or appeals filed on or
after the effective date of this 2003 Act by a community mental
health and developmental disabilities program under rules adopted
by the Department of Human Services under ORS 430.673; and
  (3) Contested case proceedings initiated on or after the
effective date of this 2003 Act by a community mental health and
developmental disabilities program under ORS 183.310 to
183.550. + }
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