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 3363
 
                           A-Engrossed
 
                         Senate Bill 16
                   Ordered by the Senate May 2
             Including Senate Amendments dated May 2
 
Sponsored by Senator JOHNSON
 
 
                             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.
 
  Changes composition of interdisciplinary team coordinating
hospice care. Requires certification by   { - both - }  Centers
for Medicare and Medicaid Services and  { + accreditation by + }
Oregon Hospice Association  { + or Joint Commission on
Accreditation of Healthcare Organizations + }.
 
                        A BILL FOR AN ACT
Relating to hospice programs; amending ORS 443.850, 443.860 and
  443.870.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 443.850 is amended to read:
  443.850. As used in ORS 443.850 to 443.870:
  (1) 'Hospice program' means a coordinated program of home and
inpatient care, available 24 hours a day, that utilizes an
interdisciplinary team of personnel trained to provide palliative
and supportive services to a patient-family unit experiencing a
life threatening disease with a limited prognosis. { +  A hospice
program is an institution for purposes of ORS 146.100. + }
  (2) 'Hospice services' means items and services provided to a
patient-family unit by a hospice program or by other individuals
or community agencies under a consulting or contractual
arrangement with a hospice program. Hospice services include
acute, respite, home care and bereavement services provided to
meet the physical, psychosocial, spiritual and other special
needs of a patient-family unit during the final stages of
illness, dying and the bereavement period.
  (3) 'Interdisciplinary team' means a group of individuals
working together in a coordinated manner to provide hospice care.
An interdisciplinary team includes, but is not limited to, the
patient-family unit,  { + the patient's + } attending
physician { +  or clinician + } and one or more of the following
hospice program personnel: Physician,  { + nurse
practitioner, + } nurse, nurse's aide, occupational therapist,
physical therapist, trained lay volunteer, clergy or spiritual
counselor, and credentialed mental health professional such as
psychiatrist, psychologist, psychiatric nurse or social worker.
  (4) 'Patient-family unit' includes an individual who has a life
threatening disease with a limited prognosis and all others
sharing housing, common ancestry or a common personal commitment
with the individual.
  (5) 'Person' includes individuals, organizations and groups of
organizations.
  SECTION 2. ORS 443.860 is amended to read:
  443.860. (1) Except as provided in subsections (3) and (4) of
this section, no person shall establish, conduct or maintain a
hospice program providing hospice services, or hold itself out to
the public as a hospice program, without:
  (a) Certification by the federal Centers for Medicare and
Medicaid Services as a program of hospice services meeting
standards for Medicare reimbursement; { +  and + }
  (b) { + (A) + } Accreditation by the Oregon Hospice
Association; or
    { - (c) - }   { + (B) + } Accreditation by the Joint
Commission on Accreditation of Healthcare Organizations as a
program of hospice services.
  (2) The Oregon Hospice Association may accredit hospices which
are not members of the Oregon Hospice Association.
  (3) Any person who is in the process of developing a hospice
program may use the term 'hospice' to describe and refer to the
program of services during its development for up to two years.
However, no hospice services to patients or their families shall
be provided by a hospice until accreditation or certification is
obtained.
  (4) Any person may operate a hospice program for a period of
not more than 90 consecutive days if the federal Centers for
Medicare and Medicaid Services or the Oregon Hospice Association
acknowledges in writing that accreditation or certification is
pending and the Oregon Hospice Association authorizes that
operations may commence.
  (5) A certified or accredited hospice need not obtain a license
pursuant to ORS 443.015 unless it meets the definition of a home
health agency and receives direct compensation for home health
care services from the patient, insurers, Medicare or Medicaid.
Compensation paid to licensed professionals is not direct
compensation.
   { +  (6) Except as provided in subsection (5) of this section,
accreditation and certification under subsection (1) of this
section may be considered equivalent to licensure as a hospice
program by the State of Oregon. + }
  SECTION 3. ORS 443.870 is amended to read:
  443.870.  { + (1) + } The Oregon Hospice Association shall
maintain and operate a registry of all certified and accredited
hospice programs and all developing hospice programs and shall
make such records available to the public.
   { +  (2) Hospice programs on the registry shall provide
utilization data requested by the Oregon Hospice Association.
  (3) The Oregon Hospice Association shall compile data received
under subsection (2) of this section and annually report the data
to the Department of Human Services. + }
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