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
 
                         Senate Bill 470
 
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 as
introduced.
 
  Prohibits retaliation by county against community mental health
and developmental disabilities program that requests mediation or
takes other action to address contract dispute between county and
program. Authorizes private cause of action for damages.
 
                        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;
or
  (b) Took other action under rules adopted by the department
under this section with respect to a dispute described in
subsection (1) of this section.
  (3) For purposes of this section, 'retaliate' means any adverse
action taken by a county against the community mental health and
developmental disabilities program, including, but not limited
to:
  (a) Alteration or termination of the contract between the
county and the program; and
  (b) Failure to renew the contract between the county and the
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 a plaintiff who prevails in an
action under this subsection. An action under this subsection
must be commenced within seven years after discovery of the
conduct described in this section that gives rise to a cause of
action under this subsection. An award of damages under this
subsection is not subject to ORS 18.535, 18.537 or 18.540. + }
    { - (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; and
  (2) Other action taken 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. + }
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