73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
Enrolled
Senate Bill 1088
Sponsored by COMMITTEE ON RULES
CHAPTER ................
AN ACT
Relating to payment for prescription drugs for a person who is
eligible for both Medicare and Medicaid prescription drug
benefits; creating new provisions; amending ORS 115.125 and
411.795; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) Notwithstanding ORS 414.705 to 414.750, the
Department of Human Services shall adopt rules modifying the
prescription drug benefits for persons who are eligible for
Medicare Part D prescription drug coverage and who receive
prescription drug benefits under the state medical assistance
program or Title XIX of the Social Security Act. The rules shall
include but need not be limited to:
(a) Identification of the Part D classes of drugs for which
federal financial participation is not available and that are not
covered classes of drugs;
(b) Identification of the Part D classes of drugs for which
federal financial participation is not available and that are
covered classes of drugs;
(c) Identification of the classes of drugs not covered under
Medicare Part D prescription drug coverage for which federal
financial participation is available and that are covered classes
of drugs; and
(d) Cost-sharing obligations related to the provision of Part D
classes of drugs for which federal financial participation is not
available.
(2) As used in this section, 'covered classes of drugs ' means
classes of prescription drugs provided to persons eligible for
prescription drug coverage under the state medical assistance
program or Title XIX of the Social Security Act. + }
SECTION 2. ORS 411.795 is amended to read:
411.795. (1) The amount of any general assistance paid under
this chapter is a claim against the property or any interest
therein belonging to and a part of the estate of any deceased
recipient or if there be no estate or the estate does not have
sufficient assets to satisfy the claim, the estate of the
surviving spouse shall be charged for such aid paid to either or
both; provided, however, that there shall be no adjustment or
recovery of any general assistance correctly paid to or on behalf
of any individual under this chapter except after the death of
such individual and the surviving spouse of the individual, if
any, and only at a time when the individual has no surviving
Enrolled Senate Bill 1088 (SB 1088-INTRO) Page 1
child who is under 21 years of age or is blind or permanently and
totally disabled.
(2) Except where there is a surviving spouse, or a surviving
child who is under 21 years of age or is blind or permanently and
totally disabled, the amount of any general assistance paid under
this chapter is a claim against the estate in any conservatorship
proceedings and may be paid pursuant to ORS 125.495.
(3) Nothing in this section authorizes the recovery of the
amount of any aid from the estate or the surviving spouse of a
recipient to the extent that the need for aid resulted from a
crime committed against the recipient.
{ + (4) As used in this section, 'general assistance'
includes the state's monthly contribution to the federal
government to defray the costs of outpatient prescription drug
coverage provided to a person who is eligible for Medicare Part D
prescription drug coverage and who receives benefits under the
state medical assistance program or Title XIX of the Social
Security Act. + }
SECTION 3. ORS 115.125 is amended to read:
115.125. (1) If the applicable assets of the estate are
insufficient to pay all expenses and claims in full, the personal
representative shall make payment in the following order:
(a) Support of spouse and children, subject to the limitations
imposed by ORS 114.065.
(b) Expenses of administration.
(c) Expenses of a plain and decent funeral and disposition of
the remains of the decedent.
(d) Debts and taxes with preference under federal law.
(e) Reasonable and necessary medical and hospital expenses of
the last illness of the decedent, including compensation of
persons attending the decedent.
(f) Taxes with preference under the laws of this state that are
due and payable while possession of the estate of the decedent is
retained by the personal representative.
(g) Debts owed employees of the decedent for labor performed
within 90 days immediately preceding the date of death of the
decedent.
(h) Child support arrearages.
(i) The claim of the Department of Human Services for the net
amount of { - public - } assistance { - , as defined in ORS
411.010, - } paid to or for the decedent, { - and - } { + in
the following order:
(A) The amount of the state's monthly contribution to the
federal government to defray the costs of outpatient prescription
drug coverage provided to a person who is eligible for Medicare
Part D prescription drug coverage and who receives benefits under
the state medical assistance program or Title XIX of the Social
Security Act;
(B) Public assistance, as defined in ORS 411.010, funded
entirely by moneys from the General Fund; and
(C) Public assistance, as defined in ORS 411.010, funded by a
combination of state and federal funds.
(j) + } The claim of the Department of Corrections for care and
maintenance of any decedent who was at a state institution to the
extent provided in ORS 179.610 to 179.770.
{ - (j) - } { + (k) + } All other claims against the
estate.
(2) If the applicable assets of the estate are insufficient to
pay in full all expenses or claims of any one class specified in
Enrolled Senate Bill 1088 (SB 1088-INTRO) Page 2
subsection (1) of this section, each expense or claim of that
class shall be paid only in proportion to the amount thereof.
SECTION 4. { + The amendments to ORS 115.125 by section 3 of
this 2005 Act apply to claims against an estate filed on or after
the effective date of this 2005 Act. + }
SECTION 5. { + During the 2005-2007 biennium, the Department
of Human Services shall report regularly to the appropriate
legislative interim committees with oversight of health care or
human services programs on:
(1) The adoption of rules under section 1 of this 2005 Act; and
(2) The implementation of the Medicare Part D prescription drug
coverage for persons who are eligible for Medicare Part D
prescription drug coverage and who receive prescription drug
benefits under the state medical assistance program or Title XIX
of the Social Security Act. + }
SECTION 6. { + This 2005 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2005 Act takes effect July 1,
2005. + }
----------
Passed by Senate July 13, 2005
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House July 27, 2005
...........................................................
Speaker of House
Enrolled Senate Bill 1088 (SB 1088-INTRO) Page 3
Received by Governor:
......M.,............., 2005
Approved:
......M.,............., 2005
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2005
...........................................................
Secretary of State
Enrolled Senate Bill 1088 (SB 1088-INTRO) Page 4