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 719
 
                           B-Engrossed
 
                         Senate Bill 163
                   Ordered by the House June 5
     Including Senate Amendments dated February 27 and House
                           Amendments
                          dated June 5
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor Theodore R.
  Kulongoski for Department of Human Services)
 
 
                             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.
 
  Permits exchange of  { + specified + } protected health
information between health services organizations and state
health plan for purposes of provision of behavioral or physical
health care services to subject of protected information. { +
Requires state health plan or health services organization, upon
individual's enrollment, to disclose information that may be
disclosed or exchanged. Requires plan or organization to obtain
signed acknowledgment that individual has been informed of
information that may be disclosed or exchanged without
individual's authorization. + }
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to disclosure of protected health information; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2007 Act is added to and made
a part of ORS 192.518 to 192.526. + }
  SECTION 2.  { + (1) Notwithstanding ORS 179.505, a state health
plan or a prepaid managed care health services organization may
disclose the protected health information of an individual listed
in subsection (2) of this section, without obtaining an
authorization from the individual or a personal representative of
the individual, to another prepaid managed care health services
organization for treatment activities of a prepaid managed care
health services organization when the prepaid managed care health
services organization is providing behavioral or physical health
care services to the individual.
  (2) The protected health information that may be disclosed
pursuant to subsection (1) of this section includes the
following, as defined by the Department of Human Services by
rule:
  (a) Oregon Health Plan member name;
  (b) Medicaid recipient number;
  (c) Performing provider number;
  (d) Hospital provider name;
  (e) Attending physician;
  (f) Diagnosis;
  (g) Date or dates of service;
  (h) Procedure code;
  (i) Revenue code;
  (j) Quantity of units of service provided; or
  (k) Medication prescription and monitoring.
  (3) As used in this section, 'prepaid managed care health
services organization' has the meaning given that term in ORS
414.736. + }
  SECTION 3. Upon an individual's enrollment in a state health
plan or a prepaid managed care health services organization, the
plan or organization shall disclose to the individual the
information that may be disclosed or exchanged under section 2 of
this 2007 Act. The plan or organization must obtain a signed
acknowledgment that the individual has been informed of the
provisions of this section and section 2 of this 2007 Act and the
specific information that may be disclosed or exchanged under
section 2 of this 2007 Act without the individual's
authorization.
  SECTION 4.  { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect on its
passage. + }
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