74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1644
A-Engrossed
House Bill 3088
Ordered by the House May 8
Including House Amendments dated May 8
Sponsored by COMMITTEE ON HEALTH CARE
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 hospitals from billing to or attempting to collect
from uninsured patients charges that exceed either Medicare rate
or rate paid by hospital's highest volume commercial
insurer. Allows patient to claim treble damages and attorney fees
if hospital bills or attempts to collect charges in violation of
Act.
{ - Requires Office for Oregon Health Policy and Research to
establish standards for hospital cost efficiency and performance.
Requires office to set total margin based upon standards. Imposes
annual charge upon hospital in amount that earnings exceed
allowable margin. - }
{ - Establishes Excess Revenue Fund. Continuously
appropriates moneys in fund to Office for Oregon Health Policy
and Research and Department of Human Services for purposes of Act
and of providing Oregon Health Plan standard medical
assistance. - }
Takes effect on 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to hospitals; creating new provisions; amending ORS
442.400, 442.405 and 442.460; and prescribing an effective
date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 5 of this 2007 Act are added to
and made a part of ORS chapter 441. + }
SECTION 2. { + As used in sections 2, 3, 4 and 5 of this 2007
Act:
(1) 'Health benefit plan' has the meaning given that term in
ORS 743.730.
(2) 'Hospital' has the meaning given that term in ORS 442.015,
exclusive of special inpatient care and inpatient psychiatric
facilities operated by the state.
(3) 'Uninsured' means not enrolled in any public or private
health benefit plan. + }
SECTION 3. { + A hospital may not charge to or attempt to
collect from an uninsured patient an amount for a service in
excess of the amount paid to the hospital for the same service by
Medicare or the hospital's highest volume insurer. A hospital
must choose one payor scale for charges to all uninsured
patients. + }
SECTION 4. { + (1) A hospital shall provide patients with a
written notice explaining the hospital's policy for charges to
uninsured patients and providing contact information for a
hospital employee or office from which a person may obtain a copy
of and further information about the policy. The hospital also
shall provide notice to patients who receive emergency or
outpatient care and who may be billed for that care, but who were
not admitted to the hospital. The notice shall be provided in
English and in languages other than English as required by state
and federal law.
(2) The hospital shall post notices of the hospital's policy on
charges to uninsured patients in conspicuous locations that are
visible to the public including, but not limited to:
(a) Emergency departments;
(b) Billing offices;
(c) Admitting offices; and
(d) Patient waiting areas in outpatient care settings. + }
SECTION 5. { + (1) If a hospital initiates an action for
collection in violation of section 3 of this 2007 Act, the
patient or the patient's representative or estate may maintain an
action in any court of general equitable jurisdiction of this
state, to prevent, restrain or enjoin the violation or threatened
violation. If in such action, a violation or threatened
violation of section 3 of this 2007 Act is established, the court
shall enjoin and restrain or otherwise prohibit such violation or
threatened violation, and the plaintiff in the action is entitled
to recover treble the amount of damages that the patient
incurred. Damages shall be the amount by which the hospital
charge exceeded the amount allowed under section 3 of this 2007
Act. The court may award reasonable attorney fees to the
prevailing plaintiff in an action under this section.
(2) Actions brought under this section shall be commenced
within four years from the date of the first billing. + }
SECTION 6. ORS 442.400 is amended to read:
442.400. As used in ORS 442.400 to 442.463, unless the context
requires otherwise { - , - } { + :
(1) + } 'Health care facility' or 'facility' means
{ - such - } { + a health care + } facility as defined by ORS
442.015, exclusive of a long term care facility, and includes all
publicly and privately owned and operated health care facilities,
but does not include facilities described in ORS 441.065.
{ + (2) 'Hospital' has the meaning given that term in ORS
442.015, exclusive of special inpatient care and inpatient
psychiatric facilities operated by the state. + }
SECTION 7. ORS 442.405 is amended to read:
442.405. The Legislative Assembly finds that rising costs and
charges of health care facilities are a matter of vital concern
to the people of this state. The Legislative Assembly finds and
declares that it is the policy of this state:
(1) To require health care facilities to file for public
disclosure reports that will enable both private and public
purchasers of services from such facilities to make informed
decisions in purchasing such services; { - and - }
(2) To encourage development of programs of research and
innovation in the methods of delivery of institutional health
care services of high quality with costs and charges reasonably
related to the nature and quality of the services rendered
{ - . - } { + ; and
(3) To endeavor to improve access to health care for all
Oregonians and ensure that health care resources are equitably
distributed among all populations. + }
SECTION 8. ORS 442.460 is amended to read:
442.460. In order to obtain regional or statewide data about
the utilization and cost of health care services, the Office for
Oregon Health Policy and Research may accept information relating
to the { + quality, + } utilization { + , + } { - and - }
cost { + and cost efficiency + } of health care services
identified by the Administrator of the Office for Oregon Health
Policy and Research from physicians, insurers or other
third-party payers or employers or other purchasers of health
care.
SECTION 9. { + This 2007 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-fourth
Legislative Assembly adjourns sine die. + }
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