74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 163
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)
CHAPTER ................
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
Enrolled Senate Bill 163 (SB 163-B) Page 1
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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Passed by Senate March 5, 2007
Repassed by Senate June 15, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 8, 2007
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Speaker of House
Enrolled Senate Bill 163 (SB 163-B) Page 2
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
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Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 163 (SB 163-B) Page 3