Chapter 37 Oregon Laws 2008 Special Session
AN ACT
SB 1061
Relating to long term care; and declaring an emergency.
Whereas
Whereas
Whereas the aging
demographic and an increase in the number of younger persons with disabilities
require that
Whereas the Department
of Human Services is developing a collaborative, comprehensive planning effort
for the long term care system, built on the assumption of a strong and robust
community-based care infrastructure; and
Whereas that
infrastructure is crumbling and requires immediate attention in order to ensure
a strong foundation on which to build the future long term care system; and
Whereas there is a
growing disparity between Medicaid reimbursement rates and private pay rates in
community-based care settings, resulting in a loss of Medicaid-funded access to
residential care facilities, assisted living facilities and adult foster homes;
and
Whereas recent trends in
long term care placements are deviating from the previous forecasts; and
Whereas it is imperative
that the Seventy-fourth Legislative Assembly take immediate action to stem the
loss of housing options for seniors and persons with physical disabilities and
redirect the state’s planning and resources toward building and maintaining a
viable community-based care infrastructure; now, therefore,
Be It Enacted by the People of
the State of
SECTION 1. (1)
The Department of Human Services shall develop a comprehensive plan for
(2) In developing the
comprehensive plan, the department shall work with stakeholders, advocates for
seniors and advocates for persons with physical disabilities.
(3) The comprehensive
plan must include recommendations for:
(a) Improving the long
term care system in
(b) Improving access by
seniors and persons with physical disabilities to services in the least
restrictive long term care settings;
(c) Obtaining any
Medicaid waivers that may be required; and
(d) Creating a
reimbursement structure that ensures access to services while controlling costs
and maintaining quality care by:
(A) Reexamining client
acuity and appropriate service priority level designations;
(B) Developing
reimbursement rates that are reasonably competitive with rates paid by private
payers;
(C) Creating incentives
for providers to participate in the state medical assistance program; and
(D) Addressing
geographic differentials.
SECTION 2. The
Department of Human Services shall report to the regular session of the
Seventy-fifth Legislative Assembly on the department’s cost projections for:
(1) Stabilization and
provision of adequate funding for
(2) Restoration of the
general assistance program under ORS 411.710 to 411.730;
(3) Strengthening
volunteer-based services for seniors, including the Senior Companion Program
and the Retired and Senior Volunteer Program;
(4) Developing a model
for a long term care system that:
(a) Is not funded by
Medicaid;
(b) Is based on early
intervention and prevention services; and
(c) Provides a single
point of entry to the entire aging and disabilities services network;
(5) Providing to area
agencies, as defined in ORS 410.040, fair and adequate funding, based on
workload;
(6) Addressing the needs
of seniors and persons with physical disabilities for mental health and
addiction services;
(7) Increasing the
training capacity in this state to address shortages in the recruitment and
retention of a qualified workforce, with special attention to rural workforce
needs and to maximizing federal funding for training;
(8) Implementing a
proposal, developed in collaboration with stakeholders, for a residential care
facility licensure review process that will replace the assisted living and
residential care licensing moratorium created as a result of section 1, chapter
981, Oregon Laws 2001;
(9) Improving services
for persons who have a traumatic brain injury;
(10) Developing and
exploring alternative long term care models; and
(11) Strengthening
services and supports for family and other volunteer caregivers.
SECTION 3. This
2008 Act being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this 2008 Act takes
effect on its passage.
Approved by the Governor March 11, 2008
Filed in the office of Secretary of State March 11, 2008
Effective date March 11, 2008
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