75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2129
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Human Services)
CHAPTER ................
AN ACT
Relating to health services; creating new provisions; amending
ORS 113.085, 113.105, 114.515, 114.535, 169.690, 181.537,
279A.050, 401.654, 414.325, 426.005, 426.020, 426.070, 426.074,
427.005, 430.640, 430.672, 431.310, 431.920, 433.004, 433.008,
433.045, 441.020, 441.715, 443.045, 443.325, 443.415, 443.430,
443.440, 443.455, 443.735, 443.775, 685.160, 688.545, 691.405,
701.505 and 735.610 and sections 2, 5 and 9, chapter 736,
Oregon Laws 2003, section 38, chapter 43, Oregon Laws 2009
(Enrolled Senate Bill 131), section 3, chapter 121, Oregon Laws
2009 (Enrolled House Bill 2052), sections 2 and 6, chapter 262,
Oregon Laws 2009 (Enrolled Senate Bill 151), section 1, chapter
269, Oregon Laws 2009 (Enrolled Senate Bill 166), section 1,
chapter 418, Oregon Laws 2009 (Enrolled Senate Bill 287),
section 5, chapter ___, Oregon Laws 2009 (Enrolled Senate Bill
596), section 2, chapter ___, Oregon Laws 2009 (Enrolled Senate
Bill 876), sections 1, 9, 11, 15, 16, 29, 32, 33, 34, 35, 50
and 51, chapter ___, Oregon Laws 2009 (Enrolled House Bill
2116), sections 2, 5 and 10, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2134), sections 1b, 1c, 13, 22 and 23,
chapter ___, Oregon Laws 2009 (Enrolled House Bill 2345), and
sections 1, 2, 4, 5, 6, 7, 8, 36, 37 and 40, chapter ___,
Oregon Laws 2009 (Enrolled House Bill 2442); repealing section
1, chapter 43, Oregon Laws 2009 (Enrolled Senate Bill 131),
sections 1, 2, 3 and 4, chapter 45, Oregon Laws 2009 (Enrolled
Senate Bill 165), section 4, chapter 72, Oregon Laws 2009
(Enrolled Senate Bill 163), section 1, chapter 121, Oregon Laws
2009 (Enrolled House Bill 2052), section 1, chapter 200, Oregon
Laws 2009 (Enrolled House Bill 2133), section 2, chapter 382,
Oregon Laws 2009 (Enrolled Senate Bill 8), sections 3, 4 and 8,
chapter 262, Oregon Laws 2009 (Enrolled Senate Bill 151),
section 1, chapter 264, Oregon Laws 2009 (Enrolled Senate Bill
157), sections 2 and 3, chapter 418, Oregon Laws 2009 (Enrolled
Senate Bill 287), sections 198, 296, 383, 625, 627, 633, 685,
1091, 1092, 1109 and 1110, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2009), section 43, chapter ___, Oregon
Laws 2009 (Enrolled House Bill 2116), sections 3 and 7, chapter
___, Oregon Laws 2009 (Enrolled House Bill 2134), section 2,
chapter ___, Oregon Laws 2009 (Enrolled House Bill 2194), and
sections 20, 21, 24, 25, 28, 29, 31 and 33, chapter ___, Oregon
Laws 2009 (Enrolled House Bill 2442); and declaring an
emergency.
Enrolled House Bill 2129 (HB 2129-A) Page 1
Be It Enacted by the People of the State of Oregon:
{ +
SB 8 / HB 2009 CONFLICT RESOLUTIONS + }
SECTION 1. { + If both House Bill 2009 and Senate Bill 8
become law, section 2, chapter 382, Oregon Laws 2009 (Enrolled
Senate Bill 8) (amending ORS 401.654), is repealed and ORS
401.654, as amended by section 227, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2009), is amended to read: + }
401.654. (1) The Oregon Health Authority may establish a
registry of emergency health care providers who are available to
provide health care services during an emergency or crisis. The
authority may require training related to the provision of health
care services in an emergency or crisis as a condition of
registration.
(2) The authority shall issue identification cards to health
care providers included in the registry established under this
section that:
(a) Identify the health care provider;
(b) Indicate that the health care provider is registered as an
Oregon emergency health care provider;
(c) Identify the license or certification held by the health
care provider; and
(d) Identify the health care provider's usual area of practice
if that information is available and the authority determines
that it is appropriate to provide that information.
(3) The authority by rule shall establish a form for
identification cards issued under subsection (2) of this section.
(4) The authority shall support and provide assistance to the
Office of Emergency Management in emergencies or crises involving
the public health or requiring emergency medical response.
{ + (5) The authority may enter into agreements with other
states to facilitate the registry of out-of-state health care
providers in the registry established under this section. + }
SECTION 2. { + The amendments to ORS 401.654 by section 1 of
this 2009 Act become operative on January 1, 2010. + }
{ +
SB 131 / HB 2009 CONFLICT RESOLUTIONS + }
SECTION 3. { + If both House Bill 2009 and Senate Bill 131
become law, and House Bill 2058 does not become law, section 1,
chapter 43, Oregon Laws 2009 (Enrolled Senate Bill 131) (amending
ORS 685.160), is repealed and ORS 685.160, as amended by section
1091, chapter ___, Oregon Laws 2009 (Enrolled House Bill 2009),
is amended to read: + }
685.160. (1) There hereby is created the { - Board of
Naturopathic Examiners in the Oregon Health Authority - } { +
Oregon Board of Naturopathic Medicine + }. The board { - shall
consist - } { + consists + } of seven members appointed by the
Governor for terms of three years commencing July 1, and until
their successors are appointed and qualified. A majority of the
members of the board constitutes a quorum. If there is a vacancy
for any cause, the Governor shall appoint a member to serve for
the remainder of the unexpired term. All appointments of members
of the board by the Governor are subject to confirmation by the
Senate in the manner provided in ORS 171.562 and 171.565.
Enrolled House Bill 2129 (HB 2129-A) Page 2
(2) Of the membership of the { + Oregon + } Board of
Naturopathic
{ - Examiners - } { + Medicine + }:
{ - (a) All members must be citizens of this state. - }
{ - (b) - } { + (a) + } Five members shall be naturopaths
who have each practiced continuously in this state for the five
years immediately prior to the date of appointment.
{ - (c) - } { + (b) + } Two shall be members of the general
public who do not possess the qualifications set forth in
paragraph { - (b) - } { + (a) + } of this subsection.
{ + (3) All members of the board must be residents of this
state. + }
{ - (3) - } { + (4) + } The board shall carry into effect
the provisions of this chapter and is authorized to issue
licenses to practice naturopathic medicine in this state. The
possession of a common seal by the board hereby is authorized.
SECTION 4. If both House Bill 2009 and Senate Bill 131 become
law, and House Bill 2058 does not become law, section 38, chapter
43, Oregon Laws 2009 (Enrolled Senate Bill 131), is amended to
read:
{ + Sec. 38. + } (1) The amendments to { - ORS 685.160 by
section 1 of this 2009 Act - } { + ORS 685.170 by section 28,
chapter 43, Oregon Laws 2009 (Enrolled Senate Bill 131), + } are
intended to change the name of the 'Board of Naturopathic
Examiners' to the 'Oregon Board of Naturopathic Medicine. '
(2) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the 'Board of
Naturopathic Examiners,' wherever they occur in Oregon Revised
Statutes, other words designating the 'Oregon Board of
Naturopathic Medicine. '
SECTION 5. { + The amendments to ORS 685.160 by section 3 of
this 2009 Act become operative on January 1, 2010. + }
{ +
SB 151 / HB 2009 CONFLICT RESOLUTIONS + }
SECTION 6. If both House Bill 2009 and Senate Bill 151 become
law, section 2, chapter 262, Oregon Laws 2009 (Enrolled Senate
Bill 151), is amended to read:
{ + Sec. 2. + } The Director of Human Services, or the
director's designated representative, { + or the Director of the
Oregon Health Authority, or the director's designated
representative, + } may approve in writing attorneys who are
eligible to be appointed as personal representatives under ORS
113.085 if the decedent received public assistance pursuant to
ORS chapter 411 or 414 or received care at an institution as
defined in ORS 179.010, and it appears that the assistance or the
cost of care may be recovered from the estate of the decedent. An
attorney approved under this section does not represent the
Director { + of Human Services or the Director of the Oregon
Health Authority + } when appointed as a personal representative.
SECTION 7. { + If both House Bill 2009 and Senate Bill 151
become law, section 3, chapter 262, Oregon Laws 2009 (Enrolled
Senate Bill 151) (amending ORS 113.085), is repealed and ORS
113.085, as amended by section 76, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2009), is amended to read: + }
113.085. (1) Except as provided in subsection (2) of this
section, upon the filing of the petition, if there is no will or
there is a will and it has been proved, the court shall appoint a
Enrolled House Bill 2129 (HB 2129-A) Page 3
qualified person it finds suitable as personal representative,
giving preference in the following order:
(a) { - To - } The executor named in the will.
(b) { - To - } The surviving spouse of the decedent or the
nominee of the surviving spouse of the decedent.
(c) { - To - } The nearest of kin of the decedent or the
nominee of the nearest of kin of the decedent.
{ - (d) To the Director of Human Services or a designee, if
it appears the decedent received public assistance pursuant to
ORS chapter 411. - }
{ - (e) To the Director of the Oregon Health Authority or a
designee, if it appears the decedent received medical assistance
pursuant to ORS chapter 414. - }
{ + (d) The Director of Human Services, or an attorney
approved by the director under section 2, chapter 262, Oregon
Laws 2009 (Enrolled Senate Bill 151), if the decedent received
public assistance pursuant to ORS chapter 411 or received care at
an institution described in ORS 179.321 (1), and it appears that
the assistance or the cost of care may be recovered from the
estate of the decedent.
(e) The Director of the Oregon Health Authority, or an attorney
approved by the director under section 2, chapter 262, Oregon
Laws 2009 (Enrolled Senate Bill 151), if the decedent received
public assistance pursuant to ORS chapter 414 or received care at
an institution described in ORS 179.321 (2), and it appears that
the assistance or the cost of care may be recovered from the
estate of the decedent. + }
(f) { - To - } The Department of Veterans' Affairs, if the
decedent was a protected person under ORS 406.050 (7), and the
department has joined in the petition for such appointment.
(g) { - To - } Any other person.
(2) Except as provided in subsection (3) of this section, the
court shall appoint the Department of State Lands as personal
representative if it appears that the decedent died wholly
intestate and without known heirs. The Attorney General shall
represent the Department of State Lands in the administration of
the estate. Any funds received by the Department of State Lands
in the capacity of personal representative may be deposited in
accounts, separate and distinct from the General Fund,
established with the State Treasurer. Interest earned by such
account shall be credited to that account.
(3) The court may appoint a person other than the Department of
State Lands to administer the estate of a decedent who died
wholly intestate and without known heirs if the person filing a
petition under ORS 113.035 attaches written authorization from an
estate administrator of the Department of State Lands appointed
under ORS 113.235 approving the filing of the petition by the
person. Except as provided by rule adopted by the Director of the
Department of State Lands, an estate administrator may consent to
the appointment of another person to act as personal
representative only if it appears after investigation that the
estate is insolvent.
SECTION 8. { + If both House Bill 2009 and Senate Bill 151
become law, section 4, chapter 262, Oregon Laws 2009 (Enrolled
Senate Bill 151) (amending ORS 113.105), is repealed and ORS
113.105, as amended by section 77, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2009), is amended to read: + }
113.105. (1) Unless a testator provides in a will that no bond
shall be required of the executor of the estate, or unless the
personal representative is the sole heir or devisee or is the
Enrolled House Bill 2129 (HB 2129-A) Page 4
Department of State Lands, the Department of Veterans' Affairs,
the Director of Human Services { + , + } { - or a designee
or - } the Director of the Oregon Health Authority or { - a
designee - } { + an attorney approved under section 2, chapter
262, Oregon Laws 2009 (Enrolled Senate Bill 151) + }, the
personal representative may not act nor shall letters be issued
to the personal representative until the personal representative
files with the clerk of the court a bond. The bond shall be
executed by a surety company authorized to transact surety
business in this state, or by one or more sufficient personal
sureties approved by the court. A personal surety must be a
resident of this state. The court may, in its discretion, require
a bond notwithstanding any provision in a will that no bond is
required. The bond shall be for the security and benefit of all
interested persons and shall be conditioned upon the personal
representative faithfully performing the duties of the trust.
(2) The amount of the bond set by the court shall be adequate
to protect interested persons, but in no event shall it be less
than $1,000. In setting the amount of the bond the court shall
consider:
(a) The nature, liquidity and apparent value of the assets of
the estate.
(b) The anticipated income during administration.
(c) The probable indebtedness and taxes.
(3) Nothing in this section affects the provisions of ORS
709.240, relating to a trust company acting as personal
representative.
(4) Notwithstanding any other provisions of this section, a
court may, in its discretion, waive the requirement of a bond if
all devisees and heirs known to the court agree in writing that
the requirement be waived and the signed agreement is filed with
the court at the time of filing of the petition for the
appointment of a personal representative.
SECTION 9. If both House Bill 2009 and Senate Bill 151 become
law, section 6, chapter 262, Oregon Laws 2009 (Enrolled Senate
Bill 151), is amended to read:
{ + Sec. 6. + } The Director of Human Services, or the
director's designated representative, { + or the Director of the
Oregon Health Authority, or the director's designated
representative, + } may approve in writing attorneys who are
eligible to file an affidavit under ORS 114.515 if the decedent
received public assistance pursuant to ORS chapter 411 or 414 or
received care at an institution as defined in ORS 179.010, and it
appears that the assistance or the cost of care may be recovered
from the estate of the decedent. An attorney approved under this
section does not represent the Director { + of Human Services or
the Director of the Oregon Health Authority + } when the attorney
files an affidavit under ORS 114.515.
SECTION 10. If both House Bill 2009 and Senate Bill 151 become
law, ORS 114.515, as amended by section 7, chapter 262, Oregon
Laws 2009 (Enrolled Senate Bill 151), is amended to read:
114.515. (1) If the estate of a decedent meets the requirements
of subsection (2) of this section, any of the following persons
may file an affidavit with the clerk of the probate court in any
county where there is venue for a proceeding seeking the
appointment of a personal representative for the estate:
(a) One or more of the claiming successors of the decedent.
(b) If the decedent died testate, any person named as personal
representative in the decedent's will.
Enrolled House Bill 2129 (HB 2129-A) Page 5
(c) The Director of Human Services, { + the Director of the
Oregon Health Authority + } or an attorney approved { - by the
director - } under section 6 { + , chapter 262, Oregon Laws 2009
(Enrolled Senate Bill 151) + } { - of this 2009 Act - } , if
the decedent received public assistance pursuant to ORS chapter
411 or 414 or received care at an institution as defined in ORS
179.010, and it appears that the assistance or the cost of care
may be recovered from the estate of the decedent.
(2) An affidavit under this section may be filed only if:
(a) The fair market value of the estate is $200,000 or less;
(b) Not more than $50,000 of the fair market value of the
estate is attributable to personal property; and
(c) Not more than $150,000 of the fair market value of the
estate is attributable to real property.
(3) An affidavit under this section may not be filed until 30
days after the death of the decedent.
(4) An affidavit filed under the provisions of this section
must contain the information required in ORS 114.525 and shall be
made a part of the probate records. If the affiant is an attorney
approved by the Director of Human Services { + or the Director
of the Oregon Health Authority + }, a copy of the document
approving the attorney must be attached to the affidavit.
(5) In determining fair market value under this section, the
fair market value of the entire interest in the property included
in the estate shall be used without reduction for liens or other
debts.
(6) The clerk of the probate court shall charge and collect a
fee of $23 for the filing of any affidavit under this section.
(7) Any error or omission in an affidavit filed under this
section may be corrected by filing an amended affidavit within
four months after the filing of the affidavit.
(8) One or more supplemental affidavits may be filed at any
time after the filing of an affidavit under this section for the
purpose of including property not described in the original
affidavit. Copies of all previously filed affidavits must be
attached to the supplemental affidavit and all information
required in ORS 114.525 must be reflected in the supplemental
affidavit. A supplemental affidavit may not be filed if by reason
of the additional property described in the supplemental
affidavit any limitation imposed by subsection (2) of this
section is exceeded.
SECTION 11. { + If both House Bill 2009 and Senate Bill 151
become law, section 8, chapter 262, Oregon Laws 2009 (Enrolled
Senate Bill 151) (amending ORS 114.535), is repealed and ORS
114.535, as amended by section 80, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2009), is amended to read: + }
114.535. (1) Any person indebted to the decedent or having
possession of personal property belonging to the estate, to whom
a certified copy of the affidavit filed under ORS 114.515 is
delivered by the affiant on or after the 10th day following the
filing of the affidavit, shall pay, transfer or deliver the
personal property to the affiant. Any person who has received
property of the decedent under ORS 446.616, 722.262 or 803.094,
or any similar statute providing for the transfer of property of
an estate which is not being probated shall pay, transfer or
deliver the property to the affiant if the person would be
required to pay, transfer or deliver the property to a personal
representative of the estate. The transferor is discharged and
released from any liability or responsibility for the transfer in
the same manner and with the same effect as if the property had
Enrolled House Bill 2129 (HB 2129-A) Page 6
been transferred, delivered or paid to a personal representative
of the estate of the decedent.
(2) A transfer agent of any corporate security registered in
the name of the decedent shall change the registered ownership on
the books of the corporation to the person entitled thereto on
presentation of a certified copy of the affidavit filed under ORS
114.515.
(3) If a person to whom an affidavit is delivered refuses to
pay, deliver or transfer any personal property to the affiant or
the person entitled to the property as disclosed in the affidavit
filed under ORS 114.515, the property may be recovered or its
payment, delivery or transfer compelled upon proof of the
transferee's entitlement in a proceeding brought for the purpose
by or on behalf of the transferee.
{ - (4) If the Director of Human Services, the designee of
the Director of Human Services, the Director of the Oregon Health
Authority or the designee of the Director of the Oregon Health
Authority signs the affidavit, the Director of Human Services,
the designee of the Director of Human Services, the Director of
the Oregon Health Authority or the designee of the Director of
the Oregon Health Authority may certify a copy of the affidavit
for the purposes described in subsection (1) or (2) of this
section. - }
{ + (4) If the affidavit was signed by the Director of Human
Services, the Director of the Oregon Health Authority or an
attorney approved under section 6, chapter 262, Oregon Laws 2009
(Enrolled Senate Bill 151), the Director of Human Services, the
Director of the Oregon Health Authority or the attorney may
certify a copy of the affidavit for the purposes described in
subsection (1) or (2) of this section. + }
SECTION 12. { + The amendments to ORS 113.085, 113.105,
114.515 and 114.535 by sections 7, 8, 10 and 11 of this 2009 Act
become operative on January 1, 2010. + }
{ +
SB 152 / HB 2009 CONFLICT RESOLUTIONS + }
SECTION 13. { + If both House Bill 2009 and Senate Bill 152
become law, section 198, chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2009) (amending ORS 279A.050), is repealed and ORS
279A.050, as amended by section 2, chapter 397, Oregon Laws 2009
(Enrolled Senate Bill 152), is amended to read: + }
279A.050. (1)(a) Except as otherwise provided in the Public
Contracting Code, a contracting agency shall exercise all
procurement authority in accordance with the provisions of the
Public Contracting Code.
(b) When a contracting agency has authority under this section
to carry out functions described in this section, or has
authority to make procurements under a provision of law other
than the Public Contracting Code, the contracting agency is not
required to exercise that authority in accordance with the
provisions of the code if, under ORS 279A.025, the code does not
apply to the contract or contracting authority.
(2) Except as otherwise provided in the Public Contracting
Code, for state agencies the Director of the Oregon Department of
Administrative Services has all the authority to carry out the
provisions of the Public Contracting Code.
(3) Except as otherwise provided in the Public Contracting
Code, the Director of Transportation has all the authority to:
Enrolled House Bill 2129 (HB 2129-A) Page 7
(a) Procure or supervise the procurement of all services and
personal services to construct, acquire, plan, design, maintain
and operate passenger terminal facilities and motor vehicle
parking facilities in connection with any public transportation
system in accordance with ORS 184.689 (5);
(b) Procure or supervise the procurement of all goods,
services, public improvements and personal services relating to
the operation, maintenance or construction of highways, bridges
and other transportation facilities that are subject to the
authority of the Department of Transportation; and
(c) Establish standards for, prescribe forms for and conduct
the prequalification of prospective bidders on public improvement
contracts related to the operation, maintenance or construction
of highways, bridges and other transportation facilities that are
subject to the authority of the Department of Transportation.
(4) Except as otherwise provided in the Public Contracting
Code, the Secretary of State has all the authority to procure or
supervise the procurement of goods, services and personal
services related to programs under the authority of the Secretary
of State.
(5) Except as otherwise provided in the Public Contracting
Code, the State Treasurer has all the authority to procure or
supervise the procurement of goods, services and personal
services related to programs under the authority of the State
Treasurer.
(6) The state agencies listed in this subsection have all the
authority to do the following in accordance with the Public
Contracting Code:
(a) The Department of Human Services to procure or supervise
the procurement of goods, services and personal services under
ORS 179.040 for the department's institutions and the procurement
of goods, services and personal services for the construction,
demolition, exchange, maintenance, operation and equipping of
housing { + for the purpose of providing care to individuals
with mental retardation or other developmental disabilities,
subject to applicable provisions of ORS 427.335;
(b) The Oregon Health Authority to procure or supervise the
procurement of goods, services and personal services under ORS
179.040 for the authority's institutions and the procurement of
goods, services and personal services for the construction,
demolition, exchange, maintenance, operation and equipping of
housing for persons with chronic mental illness, subject to
applicable provisions of ORS 426.504; + }
{ - (A) For persons with chronic mental illness, subject to
applicable provisions of ORS 426.504; and - }
{ - (B) For the purpose of providing care to individuals with
mental retardation or other developmental disabilities, subject
to applicable provisions of ORS 427.335; - }
{ - (b) - } { + (c) + } The State Department of Fish and
Wildlife to procure or supervise the procurement of construction
materials, equipment, supplies, services and personal services
for public improvements, public works or ordinary construction
described in ORS 279C.320 that is subject to the authority of the
State Department of Fish and Wildlife;
{ - (c) - } { + (d) + } The State Parks and Recreation
Department to procure or supervise the procurement of all goods,
services, public improvements and personal services relating to
state parks;
{ - (d) - } { + (e) + } The Oregon Department of Aviation
to procure or supervise the procurement of construction
Enrolled House Bill 2129 (HB 2129-A) Page 8
materials, equipment, supplies, services and personal services
for public improvements, public works or ordinary construction
described in ORS 279C.320 that is subject to the authority of the
Oregon Department of Aviation;
{ - (e) - } { + (f) + } The Economic and Community
Development Department to procure or supervise the procurement of
all goods, services, personal services and public improvements
related to its foreign trade offices operating outside the state;
{ - (f) - } { + (g) + } The Housing and Community Services
Department to procure or supervise the procurement of goods,
services and personal services as provided in ORS 279A.025
(2)(o);
{ - (g) - } { + (h) + } The Department of Corrections to
procure or supervise the procurement of construction materials,
equipment, supplies, services and personal services for public
improvements, public works or ordinary construction described in
ORS 279C.320 that is subject to the authority of the Department
of Corrections;
{ - (h) - } { + (i) + } The Department of Corrections,
subject to any applicable provisions of ORS 279A.120, 279A.125,
279A.145 and 283.110 to 283.395, to procure or supervise the
procurement of goods, services and personal services under ORS
179.040 for its institutions;
{ - (i) - } { + (j) + } The Department of Veterans' Affairs
to procure or supervise the procurement of real estate broker and
principal real estate broker services related to programs under
the department's authority;
{ - (j) - } { + (k) + } The Oregon Military Department to
procure or supervise the procurement of construction materials,
equipment, supplies, services and personal services for public
improvements, public works or ordinary construction described in
ORS 279C.320 that is subject to the authority of the Oregon
Military Department;
{ - (k) - } { + (L) + } The Department of Education,
subject to any applicable provisions of ORS 329.075, 329.085 and
329.485 and the federal No Child Left Behind Act of 2001 (P.L.
107-110, 115 Stat. 1425), to procure or supervise the
procurement of goods, services, personal services and information
technology relating to student assessment; and
{ - (L) - } { + (m) + } Any state agency to conduct a
procurement when the agency is specifically authorized by any
provision of law other than the Public Contracting Code to enter
into a contract.
(7) Notwithstanding this section and ORS 279A.140 (1), the
Director of the Oregon Department of Administrative Services has
exclusive authority, unless the director delegates this
authority, to procure or supervise the procurement of all price
agreements on behalf of the state agencies identified in
subsection (6)(a) to
{ - (j) - } { + (k) + } of this section under which more than
one state agency may order goods, services or personal services
and all state agency information technology contracts. This
subsection does not apply to contracts under which the contractor
delivers to the state agency information technology products or
services incidental to the performance of personal services
contracts described in ORS chapter 279C or construction contracts
described in ORS chapter 279C. A state agency identified in
subsection (3) or (6)(a) to { - (j) - } { + (k) + } of this
section may not establish a price agreement or enter into a
contract for goods, services or personal services without the
Enrolled House Bill 2129 (HB 2129-A) Page 9
approval of the director if the director has established a price
agreement for the goods, services or personal services.
{ +
SB 155 / HB 2009 CONFLICT RESOLUTIONS + }
SECTION 14. { + If both House Bill 2009 and Senate Bill 155
become law, section 383, chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2009) (amending ORS 426.020), is repealed and ORS
426.020, as amended by section 1, chapter 59, Oregon Laws 2009
(Enrolled Senate Bill 155), is amended to read: + }
426.020. (1) The superintendent of a hospital referred to in
ORS 426.010 shall be a person the { - Department of Human
Services - } { + Oregon Health Authority + } considers qualified
to administer the hospital. If the superintendent of any hospital
is a physician licensed by the Oregon Medical Board, the
superintendent shall serve as chief medical officer.
(2) If the superintendent is not a physician, the Director of
{ - Human Services - } { + the Oregon Health Authority + } or
the designee of the director shall designate a physician to serve
as chief medical officer. The designated chief medical officer
may be an appointed state employee in the unclassified service, a
self-employed contractor or an employee of a public or private
entity that contracts with the { - department - } { +
authority + } to provide chief medical officer services. Unless
the designated chief medical officer is specifically appointed as
a state employee in the unclassified service, the designated
chief medical officer shall not be deemed a state employee for
purposes of any state statute, rule or policy.
(3)(a) Notwithstanding any other provision of law, the
designated chief medical officer may supervise physicians who are
employed by the hospital or who provide services at the hospital
pursuant to a contract.
(b) The designated chief medical officer may delegate all or
part of the authority to supervise other physicians at the
hospital to a physician who is employed by the state, a
self-employed contractor or an employee of a public or private
entity that contracts with the { - department - }
{ + authority + } to provide physician services.
{ +
SB 157 / HB 2009 CONFLICT RESOLUTIONS + }
SECTION 15. { + If both House Bill 2009 and Senate Bill 157
become law, section 1, chapter 264, Oregon Laws 2009 (Enrolled
Senate Bill 157) (amending ORS 181.537), is repealed and ORS
181.537, as amended by section 159, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2009), is amended to read: + }
181.537. (1) As used in this section:
(a) 'Care' means the provision of care, treatment, education,
training, instruction, supervision, placement services,
recreation or support to children, the elderly or persons with
disabilities.
(b) 'Qualified entity' means a community mental health program,
a community developmental disabilities program, a local health
department or an individual or business or organization, whether
public, private, for-profit, nonprofit or voluntary, that
provides care, including a business or organization that
licenses, certifies or registers others to provide care.
Enrolled House Bill 2129 (HB 2129-A) Page 10
{ - (2) The Department of Human Services, the Oregon Health
Authority and the Employment Department may require the
fingerprints of a person for the purpose of requesting a state or
nationwide criminal records check of the person under ORS
181.534: - }
{ - (a) For agency employment purposes; - }
{ + (2) For the purpose of requesting a state or nationwide
criminal records check under ORS 181.534, the Department of Human
Services, the Oregon Health Authority and the Employment
Department may require the fingerprints of a person:
(a) Who is employed by or is applying for employment with
either department or the authority;
(b) Who provides or seeks to provide services to either
department or the authority as a contractor, subcontractor,
vendor or volunteer who:
(A) May have contact with recipients of care;
(B) Has access to personal information about employees of
either department or the authority, recipients of care from
either department or the authority or members of the public,
including Social Security numbers, dates of birth, driver license
numbers, medical information, personal financial information or
criminal background information;
(C) Has access to information the disclosure of which is
prohibited by state or federal laws, rules or regulations, or
information that is defined as confidential under state or
federal laws, rules or regulations;
(D) Has access to property held in trust or to private property
in the temporary custody of the state;
(E) Has payroll or fiscal functions or responsibility for:
(i) Receiving, receipting or depositing money or negotiable
instruments;
(ii) Billing, collections, setting up financial accounts or
other financial transactions; or
(iii) Purchasing or selling property;
(F) Provides security, design or construction services for
government buildings, grounds or facilities;
(G) Has access to critical infrastructure or secure facilities
information; or
(H) Is providing information technology services and has
control over or access to information technology systems; + }
{ - (b) - } { + (c) + } For the purposes of licensing,
certifying, registering or otherwise regulating or administering
programs, persons or qualified entities that provide care;
{ - (c) - } { + (d) + } For the purposes of employment
decisions by or for qualified entities that are regulated or
otherwise subject to oversight by the Department of Human
Services or the Oregon Health Authority and that provide care; or
{ - (d) - } { + (e) + } For the purposes of employment
decisions made by a mass transit district or transportation
district for qualified entities that, under contracts with the
district or the Oregon Health Authority, employ persons to
operate motor vehicles for the transportation of medical
assistance program clients.
(3) The Department of Human Services and the Oregon Health
Authority may conduct criminal records checks on a person through
the Law Enforcement Data System maintained by the Department of
State Police, if deemed necessary by the Department of Human
Services or the Oregon Health Authority to protect children,
elderly persons, persons with disabilities or other vulnerable
persons.
Enrolled House Bill 2129 (HB 2129-A) Page 11
(4) The Department of Human Services and the Oregon Health
Authority may furnish to qualified entities, in accordance with
the rules of the Department of Human Services or the Oregon
Health Authority and the rules of the Department of State Police,
information received from the Law Enforcement Data System.
However, any criminal offender records and information furnished
to the Department of Human Services or the Oregon Health
Authority by the Federal Bureau of Investigation through the
Department of State Police may not be disseminated to qualified
entities.
(5) A qualified entity, using rules adopted by the Department
of Human Services or the Oregon Health Authority, shall determine
under this section whether a person is fit to hold a position,
provide services, be employed or, if the qualified entity has
authority to make such a determination, be licensed, certified or
registered, based on the criminal records check obtained pursuant
to ORS 181.534, any false statements made by the person regarding
the criminal history of the person and any refusal to submit or
consent to a criminal records check including fingerprint
identification. If a person is determined to be unfit, then that
person may not hold the position, provide services or be
employed, licensed, certified or registered.
(6) In making the fitness determination under subsection (5) of
this section, the qualified entity shall consider:
(a) The nature of the crime;
(b) The facts that support the conviction or pending indictment
or indicate the making of the false statement;
(c) The relevancy, if any, of the crime or the false statement
to the specific requirements of the person's present or proposed
position, services, employment, license, certification or
registration; and
(d) Intervening circumstances relevant to the responsibilities
and circumstances of the position, services, employment, license,
certification or registration. Intervening circumstances include
but are not limited to the passage of time since the commission
of the crime, the age of the person at the time of the crime, the
likelihood of a repetition of offenses, the subsequent commission
of another relevant crime and a recommendation of an employer.
(7) The Department of Human Services, the Oregon Health
Authority and the Employment Department may make fitness
determinations based on criminal offender records and information
furnished by the Federal Bureau of Investigation through the
Department of State Police only as provided in ORS 181.534.
(8) A qualified entity and an employee of a qualified entity
acting within the course and scope of employment are immune from
any civil liability that might otherwise be incurred or imposed
for determining pursuant to subsection (5) of this section that a
person is fit or not fit to hold a position, provide services or
be employed, licensed, certified or registered. A qualified
entity, employee of a qualified entity acting within the course
and scope of employment and an employer or employer's agent who
in good faith comply with this section and the decision of the
qualified entity or employee of the qualified entity acting
within the course and scope of employment are not liable for the
failure to hire a prospective employee or the decision to
discharge an employee on the basis of the qualified entity's
decision. An employee of the state acting within the course and
scope of employment is not liable for defamation or invasion of
privacy in connection with the lawful dissemination of
information lawfully obtained under this section.
Enrolled House Bill 2129 (HB 2129-A) Page 12
(9) The Department of Human Services and the Oregon Health
Authority shall develop systems that maintain information
regarding criminal records checks in order to minimize the
administrative burden imposed by this section and ORS 181.534.
Records maintained under this subsection are confidential and may
not be disseminated except for the purposes of this section and
in accordance with the rules of the Department of Human Services,
the Oregon Health Authority and the Department of State Police.
Nothing in this subsection permits the Department of Human
Services to retain fingerprint cards obtained pursuant to this
section.
(10) In addition to the rules required by ORS 181.534, the
Department of Human Services and the Oregon Health Authority, in
consultation with the Department of State Police, shall adopt
rules:
(a) Specifying which qualified entities are subject to this
section;
(b) Specifying which qualified entities may request criminal
offender information;
(c) Specifying which qualified entities are responsible for
deciding whether a subject individual is not fit for a position,
service, license, certification, registration or employment; and
(d) Specifying when a qualified entity, in lieu of conducting a
completely new criminal records check, may proceed to make a
fitness determination under subsection (5) of this section using
the information maintained by the Department of Human Services
and the Oregon Health Authority pursuant to subsection (9) of
this section.
(11) If a person refuses to consent to the criminal records
check or refuses to be fingerprinted, the qualified entity shall
deny or terminate the employment of the person, or revoke or deny
any applicable position, authority to provide services,
employment, license, certification or registration.
(12) If the qualified entity requires a criminal records check
of employees or other persons, the application forms of the
qualified entity must contain a notice that employment is subject
to fingerprinting and a criminal records check.
SECTION 16. { + The amendments to ORS 181.537 by section 15 of
this 2009 Act become operative on January 1, 2010. + }
{ +
SB 159 / HB 2009 CONFLICT RESOLUTIONS + }
SECTION 17. { + If both House Bill 2009 and Senate Bill 159
become law, section 625, chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2009) (amending ORS 433.004), is repealed and ORS
433.004, as amended by section 2, chapter 268, Oregon Laws 2009
(Enrolled Senate Bill 159), is amended to read: + }
433.004. (1) The { - Department of Human Services - }
{ + Oregon Health Authority + } shall by rule:
(a) Specify reportable diseases;
(b) Identify those categories of persons who must report
reportable diseases and the circumstances under which the reports
must be made;
(c) Prescribe the procedures and forms for making such reports
and transmitting the reports to the { - department - } { +
authority + }; and
(d) Prescribe measures and methods for investigating the source
and controlling reportable diseases.
Enrolled House Bill 2129 (HB 2129-A) Page 13
(2) Persons required under the rules to report reportable
diseases shall do so by reporting to the local public health
administrator. The local public health administrator shall
transmit such reports to the { - department - } { +
authority + }.
(3) The { - department - } { + authority + } or local
public health administrator may investigate a case of a
reportable disease, disease outbreak or epidemic. The
investigation may include, but is not limited to:
(a) Interviews of:
(A) The subject of a reportable disease report;
(B) Controls;
(C) Health care providers; or
(D) Employees of a health care facility.
(b) Requiring a health care provider, any public or private
entity, or an individual who has information necessary for the
investigation to:
(A) Permit inspection of the information by the
{ - department - } { + authority + } or local public health
administrator; and
(B) Release the information to the { - department - }
{ + authority + } or local public health administrator.
(c) Inspection, sampling and testing of real or personal
property with consent of the owner or custodian of the property
or with an administrative warrant.
(4)(a) The { - department - } { + authority + } shall
establish by rule the manner in which information may be
requested and obtained under subsection (3) of this section.
(b) Information requested may include, but is not limited to,
individually identifiable health information related to:
(A) The case;
(B) An individual who may be the potential source of exposure
or infection;
(C) An individual who has been or may have been exposed to or
affected by the disease;
(D) Policies, practices, systems or structures that may have
affected the likelihood of disease transmission; and
(E) Factors that may influence an individual's susceptibility
to the disease or likelihood of being diagnosed with the disease.
(5) In addition to other grounds for which a state agency may
exercise disciplinary action against its licensees or certificate
holders, the substantial or repeated failure of a licensee or
certificate holder to report when required to do so under
subsection (2) or (3) of this section shall be cause for the
exercise of any of the agency's disciplinary powers.
(6) Any person making a report or providing information under
this section is immune from any civil or criminal liability that
might otherwise be incurred or imposed with respect to the making
of a report or providing information under this section.
SECTION 18. { + If both House Bill 2009 and Senate Bill 159
become law, section 627, chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2009) (amending ORS 433.008), is repealed and ORS
433.008, as amended by section 3, chapter 268, Oregon Laws 2009
(Enrolled Senate Bill 159), is amended to read: + }
433.008. (1)(a) Except as provided in subsection (2) of this
section, information obtained by the { - Department of Human
Services - } { + Oregon Health Authority + } or a local public
health administrator in the course of an investigation of a
reportable disease or disease outbreak is confidential and is
exempt from disclosure under ORS 192.410 to 192.505.
Enrolled House Bill 2129 (HB 2129-A) Page 14
(b) Except as required for the administration or enforcement of
public health laws or rules, a state or local public health
official or employee may not be examined in an administrative or
judicial proceeding about the existence or contents of a
reportable disease report or other information received by the
{ - department - } { + authority + } or local public health
administrator in the course of an investigation of a reportable
disease or disease outbreak.
(2) The { - department - } { + authority + } or a local
public health administrator may release information obtained
during an investigation of a reportable disease or disease
outbreak to:
(a) State, local or federal agencies authorized to receive the
information under state or federal law;
(b) Health care providers if necessary for the evaluation or
treatment of a reportable disease;
(c) Law enforcement officials to the extent necessary to carry
out the authority granted to the Public Health Director and local
public health administrators under ORS 433.121, 433.128, 433.131,
433.138 and 433.142;
(d) A person who may have been exposed to a communicable
disease;
(e) A person with information necessary to assist the
{ - department - } { + authority + } or local public health
administrator in identifying an individual who may have been
exposed to a communicable disease; and
(f) The individual who is the subject of the information or the
legal representative of that individual.
(3) The { - department - } { + authority + } or local
public health administrator may release individually identifiable
information under subsection (2)(d) or (e) of this section only
if there is clear and convincing evidence that the release is
necessary to avoid an immediate danger to other individuals or to
the public.
(4) The { - department - } { + authority + } or local
public health administrator may release only the minimum amount
of information necessary to carry out the purpose of the release
pursuant to subsection (2) of this section.
(5) A decision not to disclose information under this
subsection, if made in good faith, shall not subject the entity
or person withholding the information to any liability.
(6) Nothing in this section:
(a) Prevents the { - department - } { + authority + } or a
local public health administrator from publishing statistical
compilations and reports relating to reportable disease
investigations if the compilations and reports do not identify
individual cases or sources of information;
(b) Affects the confidentiality or admissibility into evidence
of information not otherwise confidential or privileged that is
obtained from sources other than the { - department - } { +
authority + }; or
(c) Prevents dispositions of information pursuant to ORS
192.105.
{ +
SB 160 / HB 2009 CONFLICT RESOLUTIONS + }
SECTION 19. { + If both House Bill 2009 and Senate Bill 160
become law, section 633, chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2009) (amending ORS 433.045), is repealed and ORS
Enrolled House Bill 2129 (HB 2129-A) Page 15
433.045, as amended by section 1, chapter 30, Oregon Laws 2009
(Enrolled Senate Bill 160), is amended to read: + }
433.045. (1) Except as provided in subsection (6) of this
section and ORS 433.017, 433.055 (3) and 433.080, no person shall
subject the blood of an individual to an HIV test without first
obtaining informed consent as described in subsection (2) or (7)
of this section.
(2) A physician licensed under ORS chapter 677 shall comply
with the requirement of subsection (1) of this section through
the procedure in ORS 677.097. Any other licensed health care
provider or facility shall comply with the requirement of
subsection (1) of this section through a procedure substantially
similar to that specified in ORS 677.097. Any other person shall
comply with this requirement through use of such forms,
procedures and educational materials as the { - Department of
Human Services - } { + Oregon Health Authority + } shall
specify.
(3) Regardless of the manner of receipt or the source of the
information, including information received from the tested
individual, no person shall disclose or be compelled to disclose
the identity of any individual upon whom an HIV-related test is
performed, or the results of such a test in a manner which
permits identification of the subject of the test, except as
required or permitted by federal law, the law of this state or
any rule, including any { - Department of Human Services - }
{ + authority + } rule considered necessary for public health or
health care purposes, or as authorized by the individual whose
blood is tested.
(4) Any person who complies with the requirements of this
section shall not be subject to an action for civil damages.
(5) An HIV test shall be considered diagnosis of venereal
disease for purposes of ORS 109.610.
(6) The { - Department of Human Services - }
{ + authority + } shall prescribe by rule a procedure whereby an
individual who is housed in a state institution and is incapable
of granting informed consent for an HIV test may be tested.
(7) Whenever an insurer, insurance producer or
insurance-support organization asks an applicant for insurance to
take an HIV test in connection with an application for insurance,
the use of such a test must be revealed to the applicant and the
written consent thereof obtained. The consent form shall disclose
the purpose of the test and the persons to whom the results may
be disclosed.
(8) As used in this section:
(a) 'HIV test' means a test of an individual for the presence
of human immunodeficiency virus (HIV), or for antibodies or
antigens that result from HIV infection, or for any other
substance specifically indicating infection with HIV.
(b) 'Person' includes but is not limited to any health care
provider, health care facility, clinical laboratory, blood or
sperm bank, insurer, insurance producer, insurance-support
organization, as defined in ORS 746.600, government agency,
employer, research organization or agent of any of them. For
purposes of subsection (3) of this section, 'person' does not
include an individual acting in a private capacity and not in an
employment, occupational or professional capacity.
(c) 'State institution' means all campuses of the Oregon State
Hospital, the Blue Mountain Recovery Center and the Eastern
Oregon Training Center.
Enrolled House Bill 2129 (HB 2129-A) Page 16
{ +
SB 163 / HB 2009 CONFLICT RESOLUTIONS + }
SECTION 20. { + If both House Bill 2009 and Senate Bill 163
become law, section 4, chapter 72, Oregon Laws 2009 (Enrolled
Senate Bill 163) (amending ORS 443.735), is repealed and ORS
443.735, as amended by section 791f, chapter ___, Oregon Laws
2009 (Enrolled House Bill 2009), is amended to read: + }
443.735. (1) Applications for a license to maintain and operate
an adult foster home shall be made on forms provided by the
licensing agency. Each application shall be accompanied by a fee
of $20 per bed requested for licensing.
(2) Upon receipt of an application and fee, the licensing
agency shall conduct an investigation.
(3) The licensing agency shall not issue an initial license
unless:
(a) The applicant and adult foster home are in compliance with
ORS 443.705 to 443.825 and the rules of the licensing agency;
(b) The licensing agency has completed an inspection of the
adult foster home;
(c) The licensing agency has completed a criminal records check
under ORS 181.534 on the applicant and any person, other than a
resident, 16 years of age or older who will be residing in the
adult foster home. The criminal records check shall be conducted
in accordance with rules adopted under ORS 181.534;
(d) The licensing agency has { - checked the record of
sanctions available, including the list of nursing assistants who
have been found responsible for abuse and whose names have been
added to the registry under ORS 441.678 - } { + determined that
the registry maintained under ORS 441.678 contains no finding
that the applicant or any nursing assistant employed by the
applicant has been responsible for abuse + }; and
(e) The applicant has demonstrated to the licensing agency the
financial ability and resources necessary to operate the adult
foster home. The licensing agency shall adopt rules as the agency
deems appropriate that establish the financial standards an
applicant must meet to qualify for issuance of a license and that
protect financial information from public disclosure. The
demonstration of financial ability under this paragraph shall
include, but need not be limited to, providing the licensing
agency with a list of any unsatisfied judgments, pending
litigation and unpaid taxes and notifying the agency regarding
whether the applicant is in bankruptcy. If the applicant is
unable to demonstrate the financial ability and resources
required by this paragraph, the licensing agency may require the
applicant to furnish a financial guarantee as a condition of
initial licensure.
(4) The licensing agency may not renew a license under this
section unless:
(a) The applicant and the adult foster home are in compliance
with ORS 443.705 to 443.825 and the rules of the licensing
agency;
(b) The licensing agency has completed an inspection of the
adult foster home;
(c) The licensing agency has completed a criminal records check
under ORS 181.534 on the applicant and any person, other than a
resident, 16 years of age or older who will be residing in the
adult foster home. The criminal records check under this
paragraph shall be conducted in accordance with rules adopted
under ORS 181.534; and
Enrolled House Bill 2129 (HB 2129-A) Page 17
(d) The licensing agency has { - checked the record of
sanctions available, including the list of nursing assistants who
have been found responsible for abuse and whose names have been
added to the registry under ORS 441.678 - } { + determined that
the registry maintained under ORS 441.678 contains no finding
that the applicant or any nursing assistant employed by the
applicant has been responsible for abuse + }.
(5)(a) In seeking an initial license and renewal of a license
when an adult foster home has been licensed for less than 24
months, the burden of proof shall be upon the provider and the
adult foster home to establish compliance with ORS 443.705 to
443.825 and the rules of the licensing agency.
(b) In proceedings for renewal of a license when an adult
foster home has been licensed for at least 24 continuous months,
the burden of proof shall be upon the licensing agency to
establish noncompliance with ORS 443.705 to 443.825 and the rules
of the agency.
(6)(a) Persons who have been convicted of one or more crimes
that, as determined by rules of the licensing agency, are
substantially related to the qualifications, functions or duties
of a provider, { - resident manager, - } substitute caregiver
or other household member of an adult foster home shall be
prohibited from operating, working in or residing in an adult
foster home.
(b) The licensing agency shall adopt rules that distinguish the
criminal convictions and types of abuse that permanently prohibit
a person from operating, working in or living in an adult foster
home from the convictions and types of abuse that do not
permanently prohibit the person from operating, working in or
living in an adult foster home.
(c) A provider may not hire, retain in employment or allow to
live in an adult foster home, other than as a resident, any
person who the provider knows has been convicted of a
disqualifying crime or has been found responsible for a
disqualifying type of abuse.
(7) A license under ORS 443.725 is effective for one year from
the date of issue unless sooner revoked. Each license shall state
the name of the resident manager of the adult foster home, the
names of all providers who own the adult foster home, the address
of the premises to which the license applies, the maximum number
of residents and the classification of the { + adult foster + }
home. If, during the period covered by the license, a resident
manager changes, the provider must within 15 days request
modification of the license. The request must be accompanied by a
fee of $10.
(8) No license under ORS 443.725 is transferable or applicable
to any location, persons operating the adult foster home or the
person owning the adult foster home other than that indicated on
the application for licensing.
(9) The licensing agency shall not issue a license to operate
an additional adult foster home to a provider unless the provider
has demonstrated the qualifications and capacity to operate the
provider's existing licensed { - home or - } { + adult
foster + } homes and has demonstrated the ability to provide
{ - care - } to the residents of those { + adult foster + }
homes { + care + } that is adequate and substantially free from
abuse and neglect.
(10) All moneys collected under ORS 443.725 to 443.780 shall be
deposited in a special account in the General Fund, and are
Enrolled House Bill 2129 (HB 2129-A) Page 18
appropriated continuously for payment of expenses incurred by the
licensing agency.
(11) Notwithstanding any other provision of this section or ORS
443.725 or 443.738, the licensing agency may issue a 60-day
provisional license to a qualified person if the agency
determines that an emergency situation exists after being
notified that the licensed provider of an adult foster home is no
longer overseeing operation of the adult foster home.
SECTION 21. { + The amendments to ORS 443.735 by section 20 of
this 2009 Act become operative on January 1, 2010. + }
{ +
SB 165 / HB 2009 CONFLICT RESOLUTIONS + }
SECTION 22. { + If both House Bill 2009 and Senate Bill 165
become law, section 1, chapter 45, Oregon Laws 2009 (Enrolled
Senate Bill 165) (amending ORS 430.640), is repealed and ORS
430.640, as amended by section 511, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2009), is amended to read: + }
430.640. (1) The Oregon Health Authority, in carrying out the
legislative policy declared in ORS 430.610, subject to the
availability of funds, shall:
(a) Assist Oregon counties and groups of Oregon counties in the
establishment and financing of community mental health programs
operated or contracted for by one or more counties.
(b) If a county declines to operate or contract for a community
mental health program, contract with another public agency or
private corporation to provide the program. The county must be
provided with an opportunity to review and comment.
(c) In an emergency situation when no community mental health
program is operating within a county or when a county is unable
to provide a service essential to public health and safety,
operate the program or service on a temporary basis.
(d) At the request of the tribal council of a federally
recognized tribe of Native Americans, contract with the tribal
council for the establishment and operation of a community mental
health program in the same manner in which the authority
contracts with a county court or board of county commissioners.
(e) If a county agrees, contract with a public agency or
private corporation for all services within one or more of the
following program areas:
(A) Mental or emotional disturbances.
(B) Drug abuse.
(C) Alcohol abuse and alcoholism.
(f) Approve or disapprove the biennial plan and budget
information for the establishment and operation of each community
mental health program. Subsequent amendments to or modifications
of an approved plan or budget information involving more than 10
percent of the state funds provided for services under ORS
430.630 may not be placed in effect without prior approval of the
authority. However, an amendment or modification affecting 10
percent or less of state funds for services under ORS 430.630
within the portion of the program for persons with mental or
emotional disturbances or within the portion for persons with
alcohol or drug dependence may be made without authority
approval.
(g) Make all necessary and proper rules to govern the
establishment and operation of community mental health programs,
including adopting rules defining the range and nature of the
services which shall or may be provided under ORS 430.630.
Enrolled House Bill 2129 (HB 2129-A) Page 19
(h) Collect data and evaluate services in the state hospitals
in accordance with the same methods prescribed for community
mental health programs under ORS 430.665.
(i) Develop guidelines that include, for the development of
comprehensive local plans in consultation with local mental
health authorities:
(A) The use of integrated services;
(B) The outcomes expected from services and programs provided;
(C) Incentives to reduce the use of state hospitals;
(D) Mechanisms for local sharing of risk for state
hospitalization;
(E) The provision of clinically appropriate levels of care
based on an assessment of the mental health needs of consumers;
(F) The transition of consumers between levels of care; and
(G) The development, maintenance and continuation of older
adult mental health programs with mental health professionals
trained in geriatrics.
(j) Work with local mental health authorities to provide
incentives for community-based care whenever appropriate while
simultaneously ensuring adequate statewide capacity.
(k) Provide technical assistance and information regarding
state and federal requirements to local mental health authorities
throughout the local planning process required under ORS 430.630
(11).
(L) Provide incentives for local mental health authorities to
enhance or increase vocational placements for adults with mental
health needs.
(m) Develop or adopt nationally recognized system-level
performance measures, linked to the Oregon Benchmarks, for
state-level monitoring and reporting of mental health services
for children, adults and older adults, including but not limited
to quality and appropriateness of services, outcomes from
services, structure and management of local plans, prevention of
mental health disorders and integration of mental health services
with other needed supports.
(n) Develop standardized criteria for each level of care
described in ORS 430.630 (11), including protocols for
implementation of local plans, strength-based mental health
assessment and case planning.
(o) Develop a comprehensive long-term plan for providing
appropriate and adequate mental health treatment and services to
children, adults and older adults that is derived from the needs
identified in local plans, is consistent with the vision, values
and guiding principles in the Report to the Governor from the
Mental Health Alignment Workgroup, January 2001, and addresses
the need for and the role of state hospitals.
(p) Report biennially to the Governor and the Legislative
Assembly on the progress of the local planning process and the
implementation of the local plans adopted under ORS 430.630
(11)(b) and the state planning process described in paragraph (o)
of this subsection, and on the performance measures and
performance data available under paragraph (m) of this
subsection.
(q) On a periodic basis, not to exceed 10 years, reevaluate the
methodology used to estimate prevalence and demand for mental
health services using the most current nationally recognized
models and data.
(r) Encourage the development of regional local mental health
authorities comprised of two or more boards of county
Enrolled House Bill 2129 (HB 2129-A) Page 20
commissioners that establish or operate a community mental health
program.
(2) The Oregon Health Authority may provide technical
assistance and other incentives to assist in the planning,
development and implementation of regional local mental health
authorities whenever the Oregon Health Authority determines that
a regional approach will optimize the comprehensive local plan
described under ORS 430.630 (11).
(3) The Department of Human Services in carrying out the
legislative policy declared in ORS 430.610, subject to the
availability of funds, shall:
(a) Assist Oregon counties and groups of Oregon counties in the
establishment and financing of community developmental
disabilities programs operated or contracted for by one or more
counties.
(b) If a county declines to operate or contract for a community
developmental disabilities program, contract with another public
agency or private corporation to provide the program. The county
must be provided with an opportunity to review and comment.
(c) In an emergency situation when no community developmental
disabilities program is operating within a county, operate the
program or service on a temporary basis.
(d) At the request of the tribal council of a federally
recognized tribe of Native Americans, contract with the tribal
council for the establishment and operation of a community
developmental disabilities program in the same manner in which
the department contracts with a county court or board of county
commissioners.
(e) If a county agrees, contract with a public agency or
private corporation for all developmental disabilities services.
{ + (f) Operate a program or contract with another entity to
operate a program to provide mental retardation and other
developmental disabilities services required by ORS 430.630 if a
local mental health authority, as defined in ORS 430.630,
declines to provide or contract for the provision of mental
retardation and other developmental disabilities services. + }
{ - (f) - } { + (g) + } Approve or disapprove the biennial
plan and budget information for the establishment and operation
of each community developmental disabilities program. Subsequent
amendments to or modifications of an approved plan or budget
information involving more than 10 percent of the state funds
provided for services under ORS 430.630 may not be placed in
effect without prior approval of the department. However, an
amendment or modification affecting 10 percent or less of state
funds for services under ORS 430.630 within the portion of the
program for persons with developmental disabilities may be made
without department approval.
{ - (g) - } { + (h) + } Make all necessary and proper rules
to govern the establishment and operation of community
developmental disabilities programs.
(4) The enumeration of duties and functions in subsections (1)
and (2) of this section shall not be deemed exclusive nor
construed as a limitation on the powers and authority vested in
the department or the authority by other provisions of law.
SECTION 23. { + If both House Bill 2009 and Senate Bill 165
become law, section 2, chapter 45, Oregon Laws 2009 (Enrolled
Senate Bill 165) (amending ORS 426.005), is repealed and ORS
426.005, as amended by section 381, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2009), is amended to read: + }
Enrolled House Bill 2129 (HB 2129-A) Page 21
426.005. (1) As used in ORS 426.005 to 426.390, unless the
context requires otherwise:
(a) 'Authority' means the Oregon Health Authority.
{ + (b) 'Community mental health program director' means the
director of an entity that provides the services described in ORS
430.630 (3), (4) and (6). + }
{ - (b) - } { + (c) + } 'Director of the facility' means a
superintendent of a state mental hospital, the chief of
psychiatric services in a community hospital or the person in
charge of treatment and rehabilitation programs at other
treatment facilities.
{ - (c) - } { + (d) + } 'Facility' means a state mental
hospital, community hospital, residential facility,
detoxification center, day treatment facility or such other
facility as the authority determines suitable, any of which may
provide diagnosis and evaluation, medical care, detoxification,
social services or rehabilitation for committed mentally ill
persons.
{ - (d) - } { + (e) + } 'Mentally ill person' means a
person who, because of a mental disorder, is one or more of the
following:
(A) Dangerous to self or others.
(B) Unable to provide for basic personal needs and is not
receiving such care as is necessary for health or safety.
(C) A person:
(i) With a chronic mental illness, as defined in ORS 426.495;
(ii) Who, within the previous three years, has twice been
placed in a hospital or approved inpatient facility by the
authority under ORS 426.060;
(iii) Who is exhibiting symptoms or behavior substantially
similar to those that preceded and led to one or more of the
hospitalizations or inpatient placements referred to in
sub-subparagraph (ii) of this subparagraph; and
(iv) Who, unless treated, will continue, to a reasonable
medical probability, to physically or mentally deteriorate so
that the person will become a person described under either
subparagraph (A) or (B) of this paragraph or both.
{ - (e) - } { + (f) + } 'Nonhospital facility' means any
facility, other than a hospital, that is approved by the
authority to provide adequate security, psychiatric, nursing and
other services to persons under ORS 426.232 or 426.233.
{ - (f) - } { + (g) + } 'Prehearing period of detention'
means a period of time calculated from the initiation of custody
during which a person may be detained under ORS 426.228, 426.231,
426.232 or 426.233.
(2) Whenever a community mental health { + program + }
director, director of the facility, superintendent of a state
hospital or administrator of a facility is referred to, the
reference includes any designee such person has designated to act
on the person's behalf in the exercise of duties.
SECTION 24. { + If both House Bill 2009 and Senate Bill 165
become law, section 3, chapter 45, Oregon Laws 2009 (Enrolled
Senate Bill 165) (amending ORS 427.005), is repealed and ORS
427.005 is amended to read: + }
427.005. As used in this chapter:
(1) 'Adaptive behavior' means the effectiveness or degree with
which an individual meets the standards of personal independence
and social responsibility expected for age and cultural group.
(2) 'Care' means:
Enrolled House Bill 2129 (HB 2129-A) Page 22
(a) Supportive services, including, but not limited to,
provision of room and board;
(b) Supervision;
(c) Protection; and
(d) Assistance in bathing, dressing, grooming, eating,
management of money, transportation or recreation.
{ - (3) 'Department' means the Department of Human
Services. - }
{ + (3) 'Community developmental disabilities program
director ' means the director of an entity that provides services
described in ORS 430.630 to persons with mental retardation or
other developmental disabilities. + }
(4) 'Developmental period' means the period of time between
birth and the 18th birthday.
(5) 'Director of the facility' means the superintendent of a
state training center, or the person in charge of care, treatment
and training programs at other facilities.
(6) 'Facility' means a state training center, community
hospital, group home, activity center, intermediate care
facility, community mental health clinic, or such other facility
or program as the Department { + of Human Services + } approves
to provide necessary services to persons with mental retardation.
(7) 'Incapacitated' means a person is unable, without
assistance, to properly manage or take care of personal affairs
or is incapable, without assistance, of self-care.
(8) 'Independence' means the extent to which persons with
mental retardation or developmental disabilities exert control
and choice over their own lives.
(9) 'Integration' means:
(a) Use by persons with mental retardation or developmental
disabilities of the same community resources that are used by and
available to other persons;
(b) Participation by persons with mental retardation or
developmental disabilities in the same community activities in
which persons without disabilities participate, together with
regular contact with persons without disabilities; and
(c) Residence by persons with developmental disabilities in
homes or in home-like settings that are in proximity to community
resources, together with regular contact with persons without
disabilities in their community.
(10) 'Intellectual functioning' means functioning as assessed
by one or more of the individually administered general
intelligence tests developed for the purpose.
(11) 'Mental retardation' means significantly subaverage
general intellectual functioning existing concurrently with
deficits in adaptive behavior and manifested during the
developmental period. Persons of borderline intelligence may be
considered to have mental retardation if there is also serious
impairment of adaptive behavior. Definitions and classifications
shall be consistent with the 'Manual on Terminology and
Classification in Mental Retardation' of the American Association
on Mental Deficiency { - , 1977 Revision - } . Mental
retardation is synonymous with mental deficiency.
(12) 'Minor' means an unmarried person under 18 years of age.
(13) 'Physician' means a person licensed by the Oregon Medical
Board to practice medicine and surgery.
(14) 'Productivity' means engagement in income-producing work
by a person with mental retardation or a developmental disability
which is measured through improvements in income level,
employment status or job advancement or engagement by a person
Enrolled House Bill 2129 (HB 2129-A) Page 23
with mental retardation or a developmental disability in work
contributing to a household or community.
(15) 'Resident' means a person admitted to a state training
center either voluntarily or after commitment to the department.
(16) 'Significantly subaverage' means a score on a test of
intellectual functioning that is two or more standard deviations
below the mean for the test.
(17) 'State training center' means Eastern Oregon Training
Center and any other facility operated by the department for the
care, treatment and training of persons with mental retardation.
(18) 'Training' means:
(a) The systematic, planned maintenance, development or
enhancement of self-care, social or independent living skills; or
(b) The planned sequence of systematic interactions,
activities, structured learning situations or education designed
to meet each resident's specified needs in the areas of physical,
emotional, intellectual and social growth.
(19) 'Treatment' means the provision of specific physical,
mental, social interventions and therapies which halt, control or
reverse processes that cause, aggravate or complicate
malfunctions or dysfunctions.
SECTION 25. { + If both House Bill 2009 and Senate Bill 165
become law, section 4, chapter 45, Oregon Laws 2009 (Enrolled
Senate Bill 165) (amending ORS 430.672), is repealed and ORS
430.672, as amended by section 514, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2009), is amended to read: + }
430.672. (1) Except for community mental health programs or
community developmental disabilities programs operated by the
county, a county may impose only standards, requirements and
conditions for mental health or developmental disabilities
programs that are substantially similar to the standards,
requirements and conditions established for such programs by the
Department of Human Services or the Oregon Health Authority.
(2) When a county contracts with a public agency or private
corporation for a community mental health program or community
developmental disabilities program, the county shall include in
the contract only terms that are substantially similar to model
contract terms developed by the department under ORS 430.640
{ - (3)(g) - } { + (3)(h) + } or the authority under ORS
430.640 (1)(g). The county may not add contractual requirements,
including qualifications for contractor selection, that are
nonessential to the services provided under ORS 430.630. The
county may add contract requirements that the county considers
necessary to ensure the siting and maintenance of facilities of
the community mental health program or community developmental
disabilities program.
(3) The provisions of subsections (1) and (2) of this section
apply only insofar as funds are provided by the department to the
county for community developmental disabilities programs or by
the authority to the county for community mental health programs.
SECTION 26. If both House Bill 2009 and Senate Bill 165 become
law, ORS 426.070, as amended by section 385, chapter ___, Oregon
Laws 2009 (Enrolled House Bill 2009), is amended to read:
426.070. (1) Any of the following may initiate commitment
procedures under this section by giving the notice described
under subsection (2) of this section:
(a) Two persons;
(b) The county health officer; or
(c) Any magistrate.
Enrolled House Bill 2129 (HB 2129-A) Page 24
(2) For purposes of subsection (1) of this section, the notice
must comply with the following:
(a) It must be in writing under oath;
(b) It must be given to the community mental health program
director or a designee of the director in the county where the
allegedly mentally ill person resides;
(c) It must state that a person within the county other than
the person giving the notice is a mentally ill person and is in
need of treatment, care or custody;
(d) If the commitment proceeding is initiated by two persons
under subsection (1)(a) of this section, it may include a request
that the court notify the two persons:
(A) Of the issuance or nonissuance of a warrant under this
section; or
(B) Of the court's determination under ORS 426.130 (1); and
(e) If the notice contains a request under paragraph (d) of
this subsection, it must also include the addresses of the two
persons making the request.
(3) Upon receipt of a notice under subsections (1) and (2) of
this section or when notified by a circuit court that the court
received notice under ORS 426.234, the community mental health
program director, or designee of the director, shall:
(a) Immediately notify the judge of the court having
jurisdiction for that county under ORS 426.060 of the
notification described in subsections (1) and (2) of this
section.
(b) Immediately notify the Oregon Health Authority if
commitment is proposed because the person appears to be a
mentally ill person, as defined in ORS 426.005
{ - (1)(d)(C) - } { + (1)(e)(C) + }. When such notice is
received, the authority may verify, to the extent known by the
authority, whether or not the person meets the criteria described
in ORS 426.005 { - (1)(d)(C)(i) - } { + (1)(e)(C)(i) + } and
(ii) and so inform the community mental health program director
or designee of the director.
(c) Initiate an investigation under ORS 426.074 to determine
whether there is probable cause to believe that the person is in
fact a mentally ill person.
(4) Upon completion, a recommendation based upon the
investigation report under ORS 426.074 shall be promptly
submitted to the court. If the community mental health program
director determines that probable cause does not exist to believe
that a person released from detention under ORS 426.234 (2)(c) or
(3)(b) is a mentally ill person, the community mental health
program director shall not submit a recommendation to the court.
(5) When the court receives notice under subsection (3) of this
section:
(a) If the court, following the investigation, concludes that
there is probable cause to believe that the person investigated
is a mentally ill person, it shall, through the issuance of a
citation as provided in ORS 426.090, cause the person to be
brought before it at a time and place as it may direct, for a
hearing under ORS 426.095 to determine whether the person is
mentally ill. The person shall be given the opportunity to appear
voluntarily at the hearing unless the person fails to appear or
unless the person is detained pursuant to paragraph (b) of this
subsection.
(b)(A) The judge may cause the allegedly mentally ill person to
be taken into custody pending the investigation or hearing by
issuing a warrant of detention under this subsection. A judge may
Enrolled House Bill 2129 (HB 2129-A) Page 25
only issue a warrant under this subsection if the court finds
that there is probable cause to believe that failure to take the
person into custody would pose serious harm or danger to the
person or to others.
(B) To cause the custody of a person under this paragraph, the
judge must issue a warrant of detention to the community mental
health program director or designee, the sheriff of the county or
designee, directing that person to take the allegedly mentally
ill person into custody and produce the person at the time and
place stated in the warrant.
(C) At the time the person is taken into custody, the person
shall be informed by the community mental health program
director, the sheriff or a designee of the following:
(i) The person's rights with regard to representation by or
appointment of counsel as described in ORS 426.100;
(ii) The warning under ORS 426.123; and
(iii) The person's right, if the community mental health
program director, sheriff or designee reasonably suspects that
the person is a foreign national, to communicate with an official
from the consulate of the person's country. A community mental
health program director, sheriff or designee is not civilly or
criminally liable for failure to provide the information required
by this sub-subparagraph. Failure to provide the information
required by this sub-subparagraph does not in itself constitute
grounds for the exclusion of evidence that would otherwise be
admissible in a proceeding.
(D) The court may make any orders for the care and custody of
the person prior to the hearing as it considers necessary.
(c) If the notice includes a request under subsection (2)(d)(A)
of this section, the court shall notify the two persons of the
issuance or nonissuance of a warrant under this subsection.
SECTION 27. If both House Bill 2009 and Senate Bill 165 become
law, ORS 426.074, as amended by section 387, chapter ___, Oregon
Laws 2009 (Enrolled House Bill 2009), is amended to read:
426.074. The following is applicable to an investigation
initiated by a community mental health program director, or a
designee of the director, as part of commitment procedures under
ORS 426.070 and 426.228 to 426.235:
(1) If the allegedly mentally ill person is held in custody
before the hearing the investigation shall be completed at least
24 hours before the hearing under ORS 426.095, otherwise the
investigation shall comply with the following time schedule:
(a) If the allegedly mentally ill person can be located, the
investigator shall contact the person within three judicial days
from the date the community mental health program director or a
designee receives a notice under ORS 426.070 alleging that the
person is mentally ill.
(b) Within 15 days from the date the community mental health
program director or a designee receives a notice under ORS
426.070 alleging that a person is mentally ill, one of the
following shall occur:
(A) The investigation shall be completed and submitted to the
court.
(B) An application for extension shall be made to the court
under paragraph (c) of this subsection.
(c) The community mental health program director, a designee or
the investigator may file for an extension of the time under
paragraph (b) of this subsection only if one of the following
occurs:
Enrolled House Bill 2129 (HB 2129-A) Page 26
(A) A treatment option less restrictive than involuntary
in-patient commitment is actively being pursued.
(B) The allegedly mentally ill person cannot be located.
(d) A court may grant an extension under paragraph (c) of this
subsection for a time and upon the terms and conditions the court
considers appropriate.
(2) This subsection establishes a nonexclusive list of
provisions applicable to the content of the investigation, as
follows:
(a) The investigation conducted should, where appropriate,
include an interview or examination of the allegedly mentally ill
person in the home of the person or other place familiar to the
person.
(b) Whether or not the allegedly mentally ill person consents,
the investigation should include interviews with any persons that
the investigator has probable cause to believe have pertinent
information regarding the investigation. If the allegedly
mentally ill person objects to the contact with any person, the
objection shall be noted in the investigator's report.
(c) The investigator shall be allowed access to physicians,
nurses or social workers and to medical records compiled during
the current involuntary prehearing period of detention to
determine probable cause and to develop alternatives to
commitment. If commitment is proposed because the person appears
to be a mentally ill person as defined in ORS 426.005
{ - (1)(d)(C) - } { + (1)(e)(C) + }, the investigator shall be
allowed access to medical records necessary to verify the
existence of criteria described in ORS 426.005
{ - (1)(d)(C) - } { + (1)(e)(C) + }. The investigator shall
include pertinent parts of the medical record in the
investigation report. Records and communications described in
this paragraph and communications related thereto are not
privileged under ORS 40.230, 40.235, 40.240 or 40.250.
(3) A copy of the investigation report shall be provided as
soon as possible, but in no event later than 24 hours prior to
the hearing, to the allegedly mentally ill person and to that
person's counsel. Copies shall likewise be provided to counsel
assisting the court, to the examiners and to the court for use in
questioning witnesses.
SECTION 28. { + The amendments to ORS 426.005, 426.070,
426.074, 427.005, 430.640 and 430.672 by sections 22 to 27 of
this 2009 Act become operative on January 1, 2010. + }
{ +
SB 166 / HB 2009 CONFLICT RESOLUTIONS + }
SECTION 29. If both House Bill 2009 and Senate Bill 166 become
law, section 1, chapter 269, Oregon Laws 2009 (Enrolled Senate
Bill 166), is amended to read:
{ + Sec. 1. + } (1) Notwithstanding ORS 421.611 to 421.630 or
any actions taken under ORS 421.611 to 421.630, the Department of
Corrections may lease all or part of the real property and any
improvements to the real property known as the Milliron Road Site
south of Junction City, Lane County, to the { - Department of
Human Services - } { + Oregon Health Authority + } for a period
of years agreed upon by the department { - of Corrections - }
and the { - Department of Human Services - } { +
authority + }.
Enrolled House Bill 2129 (HB 2129-A) Page 27
(2) The { - Department of Human Services - }
{ + authority + } may build, own and operate, on the real
property leased from the department
{ - of Corrections - } under subsection (1) of this section, a
hospital to provide diagnosis and evaluation, medical care,
detoxification, social services, rehabilitation or other services
for individuals committed to the { - Department of Human
Services - } { + authority + } under ORS 426.130 and
individuals committed to a state hospital under ORS 161.327 or
161.370.
(3) The department { - of Corrections - } and the
{ - Department of Human Services - } { + authority + } are
authorized to negotiate and enter into a written agreement
transferring ownership of the hospital described in subsection
(2) of this section from the { - Department of Human
Services - } { + authority + } to the department { - of
Corrections - } , under terms and conditions acceptable to the
agencies.
{ +
SB 287 / HB 2009 CONFLICT RESOLUTIONS + }
SECTION 30. If both House Bill 2009 and Senate Bill 287 become
law, section 1, chapter 418, Oregon Laws 2009 (Enrolled Senate
Bill 287), is amended to read:
{ + Sec. 1. + } (1) As used in this section:
(a) 'Facility' means:
(A) A residential training facility as defined in ORS 443.400;
(B) A residential training home as defined in ORS 443.400;
(C) A residential treatment facility as defined in ORS 443.400;
(D) A residential treatment home as defined in ORS 443.400; or
(E) An adult foster home as defined in ORS 443.705.
(b) 'Provider' means a person licensed or a person applying for
a license to operate a facility.
(2) The Department of Human Services { + or the Oregon Health
Authority + } may deny, suspend, revoke or refuse to renew a
license of a provider if the department { + or authority + }
finds that the provider operates a separate facility that is not
or has not been in substantial compliance with rules adopted
under ORS 443.400 to 443.455 or 443.705 to 443.825.
SECTION 31. { + If both House Bill 2009 and Senate Bill 287
become law, section 2, chapter 418, Oregon Laws 2009 (Enrolled
Senate Bill 287) (amending ORS 443.415), is repealed and ORS
443.415, as amended by section 780, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2009), is amended to read: + }
443.415. (1) Applications for licensure to maintain and operate
a residential facility shall be made to the Department of Human
Services or the Oregon Health Authority on forms provided for
that purpose by the appropriate licensing agency. Each
application shall be accompanied by a fee of $60 for facilities
defined in ORS 443.400 (5), (7) and (9) and a fee of $30 for
homes defined in ORS 443.400 (8) and (10). No fee is required of
any governmentally operated residential facility.
(2) Upon receipt of an application and fee, the licensing
agency shall conduct an investigation. The licensing agency shall
issue a license to any applicant for operation of a residential
facility in compliance with ORS 443.400 to 443.455 { + and
section 1, chapter 418, Oregon Laws 2009 (Enrolled Senate Bill
287), + } and the rules of the licensing agency. Licensure may be
denied when a residential facility is not in compliance with ORS
Enrolled House Bill 2129 (HB 2129-A) Page 28
443.400 to 443.455 { + or section 1, chapter 418, Oregon Laws
2009 (Enrolled Senate Bill 287), + } or the rules of the
licensing agency. Licensure shall be denied if the State Fire
Marshal or other authority has given notice of noncompliance of
facilities defined in ORS 443.400 (5), (7) and (9) pursuant to
ORS 479.220.
SECTION 32. { + If both House Bill 2009 and Senate Bill 287
become law, section 3, chapter 418, Oregon Laws 2009 (Enrolled
Senate Bill 287) (amending ORS 443.440), is repealed and ORS
443.440, as amended by section 786, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2009), is amended to read: + }
443.440. The Department of Human Services or the Oregon Health
Authority may revoke or suspend the license of any residential
facility that is not operated in accordance with ORS 443.400 to
443.455 { + or section 1, chapter 418, Oregon Laws 2009
(Enrolled Senate Bill 287), + } or the rules { - adopted
thereunder - } { + of the licensing agency + }. Such revocation
or suspension shall be taken in accordance with rules of the
licensing agency and ORS chapter 183. However, in cases where an
imminent danger to the health or safety of the residents exists,
a license may be suspended immediately pending a fair hearing not
later than the 10th day after such suspension.
SECTION 33. { + The amendments to ORS 443.415 and 443.440 by
sections 31 and 32 of this 2009 Act become operative on January
1, 2010. + }
{ +
SB 596 / HB 2009 CONFLICT RESOLUTIONS + }
SECTION 34. If both House Bill 2009 and Senate Bill 596 become
law, section 5, chapter ___, Oregon Laws 2009 (Enrolled Senate
Bill 596), is amended to read:
{ + Sec. 5. + } The Director of { - Human Services - }
{ + the Oregon Health Authority + } may adopt rules before the
operative date specified in section 4 { + , chapter ___, Oregon
Laws 2009 (Enrolled Senate Bill 596) + } { - of this 2009
Act - } or take any action before that date that is necessary to
carry out the amendments to ORS 453.005, 453.025 and 453.085 by
sections 1 to 3 { + , chapter ___, Oregon Laws 2009 (Enrolled
Senate Bill 596) + } { - of this 2009 Act - } .
{ +
SB 876 / HB 2009 CONFLICT RESOLUTIONS + }
SECTION 35. { + If both House Bill 2009 and Senate Bill 876
become law, section 296, chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2009) (amending ORS 414.325), is repealed and + }
{ + ORS 414.325, as amended by section 1, chapter ___, Oregon
Laws 2009 (Enrolled Senate Bill 876), is amended to read: + }
414.325. (1) As used in this section, 'legend drug' means any
drug requiring a prescription by a practitioner, as defined in
ORS 689.005.
(2) A licensed practitioner may prescribe such drugs under this
chapter as the practitioner in the exercise of professional
judgment considers appropriate for the diagnosis or treatment of
the patient in the practitioner's care and within the scope of
practice. Prescriptions shall be dispensed in the generic form
pursuant to ORS 689.515 and pursuant to rules of the
{ - Department of Human Services - } { + Oregon Health
Enrolled House Bill 2129 (HB 2129-A) Page 29
Authority + } unless the practitioner prescribes otherwise and an
exception is granted by the
{ - department - } { + authority + }.
(3) Except as provided in subsections (4) and (5) of this
section, the { - department - } { + authority + } shall place
no limit on the type of legend drug that may be prescribed by a
practitioner, but the { - department - } { + authority + }
shall pay only for drugs in the generic form unless an exception
has been granted by the { - department - } { + authority + }.
(4) Notwithstanding subsection (3) of this section, an
exception must be applied for and granted before the
{ - department - } { + authority + } is required to pay for
minor tranquilizers and amphetamines and amphetamine derivatives,
as defined by rule of the { - department - } { +
authority + }.
(5)(a) Notwithstanding subsections (1) to (4) of this section
and except as provided in paragraph (b) of this subsection, the
{ - department - } { + authority + } is authorized to:
(A) Withhold payment for a legend drug when federal financial
participation is not available; and
(B) Require prior authorization of payment for drugs that the
{ - department - } { + authority + } has determined should be
limited to those conditions generally recognized as appropriate
by the medical profession.
(b) The { - department - } { + authority + } may not
require prior authorization for therapeutic classes of
nonsedating antihistamines and nasal inhalers, as defined by rule
by the
{ - department - } { + authority + }, when prescribed by an
allergist for treatment of any of the following conditions, as
described by the Health Services Commission on the funded portion
of its prioritized list of services:
(A) Asthma;
(B) Sinusitis;
(C) Rhinitis; or
(D) Allergies.
(6)(a) The { - department - } { + authority + } shall pay a
rural health clinic for a legend drug prescribed and dispensed
under this chapter by a licensed practitioner at the rural health
clinic for an urgent medical condition if:
(A) There is not a pharmacy within 15 miles of the clinic;
(B) The prescription is dispensed for a patient outside of the
normal business hours of any pharmacy within 15 miles of the
clinic; or
(C) No pharmacy within 15 miles of the clinic dispenses legend
drugs under this chapter.
(b) As used in this subsection, 'urgent medical condition '
means a medical condition that arises suddenly, is not
life-threatening and requires prompt treatment to avoid the
development of more serious medical problems.
(7) Notwithstanding ORS 414.334, the { - department - }
{ + authority + } may conduct prospective drug utilization
review prior to payment for drugs for a patient whose
prescription drug use exceeded 15 drugs in the preceding
six-month period.
(8) Notwithstanding subsection (3) of this section, the
{ - department - } { + authority + } may pay a pharmacy for a
particular brand name drug rather than the generic version of the
drug after notifying the pharmacy that the cost of the particular
brand name drug, after receiving discounted prices and rebates,
Enrolled House Bill 2129 (HB 2129-A) Page 30
is equal to or less than the cost of the generic version of the
drug.
(9)(a) Within 180 days after the United States patent expires
on an immunosuppressant drug used in connection with an organ
transplant, the { - department - } { + authority + } shall
determine whether the drug is a narrow therapeutic index drug.
(b) As used in this subsection, 'narrow therapeutic index drug'
means a drug that has a narrow range in blood concentrations
between efficacy and toxicity and requires therapeutic drug
concentration or pharmacodynamic monitoring.
SECTION 36. If both House Bill 2009 and Senate Bill 876 become
law, section 2, chapter ___, Oregon Laws 2009 (Enrolled Senate
Bill 876), is amended to read:
{ + Sec. 2. + } Notwithstanding ORS 414.325 (9)(a), if the
United States patent on an immunosuppressant drug used in
connection with an organ transplant expired on or after July 1,
2007, and before the effective date of { - this 2009 Act, the
Department of Human Services - } { + chapter ___, Oregon Laws
2009 (Enrolled Senate Bill 876), the Oregon Health Authority + }
shall determine whether the drug is a narrow therapeutic index
drug as defined in ORS 414.325 (9)(b) before January 1, 2010.
{ +
HB 2009 CORRECTION + }
SECTION 37. { + Section 685, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2009) (amending ORS 433.850), is
repealed. + }
{ +
HB 2052 / HB 2009 CONFLICT RESOLUTIONS + }
SECTION 38. { + If both House Bill 2009 and House Bill 2052
become law, section 1, chapter 121, Oregon Laws 2009 (Enrolled
House Bill 2052) (amending ORS 169.690), is repealed and ORS
169.690, as amended by section 117, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2009), is amended to read: + }
169.690. (1)(a) Before the Department of Corrections,
Department of Human Services, Oregon Health Authority, Oregon
Youth Authority or any city, county or other public agency
establishes a facility described in paragraph { - (c) - } { +
(b) + } of this subsection, the city, county, department,
authority or agency { + shall fully inform the local public
safety coordinating council convened under ORS 423.560 of the
following:
(A) The proposed location, estimated population size and use of
the facility;
(B) The proposed number and qualifications of resident
professional staff at the facility;
(C) The proposed rules of conduct for residents of the
facility; and
(D) Other relevant information that the city, county,
department, authority or agency responsible for establishing the
facility considers appropriate or that the council requests.
Nothing in this subparagraph authorizes the disclosure of
information that is protected under state or federal law. + }
{ - must designate a citizens advisory committee in the proposed
affected geographic area. - }
{ - (b) If there is an established citizens group or
neighborhood organization in the affected geographic area which
Enrolled House Bill 2129 (HB 2129-A) Page 31
is established or recognized by the city or county where it is
located, it shall be asked to nominate the committee. If there is
none, the local government body having jurisdiction over the
affected area shall appoint a committee selected from residents
of the area. - }
{ - (c) - } { + (b) + } The facilities to which paragraph
(a) of this subsection applies are:
(A) Halfway houses, work release centers or any other
domiciliary facilities for persons released from any penal or
correctional facility but still in the custody of the city,
county or public agency; { - and - }
(B) Youth care centers or other facilities authorized to accept
youth offenders under ORS 419C.478 { - . - } { + ; and
(C) Residential treatment homes and residential treatment
facilities, as those terms are defined in ORS 443.400, for
persons who, as a condition of release under ORS 161.315 to
161.351, are required to live in a secure home or facility. + }
{ - (2) The local governmental body having jurisdiction over
the affected geographic area shall appoint to the citizens
advisory committee persons from those nominated under subsection
(1) of this section and shall invite the participation of
officers of local governments having jurisdiction over the
area. - }
{ - (3) For each proposed house, center or other facility,
the agency responsible for establishing the house, center or
facility shall inform fully the citizens advisory committee of
each affected geographic area of the following: - }
{ - (a) The proposed location, estimated population size and
use; - }
{ - (b) The numbers and qualifications of resident
professional staff; - }
{ - (c) The proposed rules of conduct and discipline to be
imposed on residents; and - }
{ - (d) Such other relevant information as the agency
responsible for establishing the house, center or facility
considers appropriate or which the advisory committee
requests. - }
{ - (4) - } { + (2) + } The { - citizens advisory
committee - } { + facility advisory subcommittee of the local
public safety coordinating council + } shall advise the
{ + city, county, department, authority or + }agency
responsible for establishing the { - house, center or - }
facility as to the suitability of the proposed { - house,
center or other - } facility and may suggest changes in the
proposal submitted under subsection
{ - (3) - } { + (1) + } of this section. The advice
shall { + : + } { - be in writing and must represent the view
of the majority of the committee. - }
{ + (a) Be in writing;
(b) Represent the view of the majority of the subcommittee; and
(c) Be provided to the city, county, department, authority or
agency no more than 60 days after receiving the information
described in subsection (1) of this section. + }
{ - (5) - } { + (3) + } If the { + city, county,
department, authority or + } agency responsible for establishing
the { - house, center or - } facility rejects any of the advice
of the { - citizens advisory committee - } { + facility
advisory subcommittee + }, it must submit its reasons in writing
to the { - committee - } { + subcommittee + }.
Enrolled House Bill 2129 (HB 2129-A) Page 32
{ - (6) No person serving on a committee established under
this section should be entitled to receive any compensation or
reimbursement for service on such committee. - }
{ + (4) This section does not apply if a board of county
commissioners has failed to convene a local public safety
coordinating council.
(5) As used in this section:
(a) 'Establishes' includes entering into a contract to provide
for the operation of a facility described in subsection (1)(b) of
this section.
(b) 'Secure home or facility' has the meaning given that term
in rules adopted by the Oregon Health Authority. + }
SECTION 39. If both House Bill 2009 and House Bill 2052 become
law, section 3, chapter 121, Oregon Laws 2009 (Enrolled House
Bill 2052), is amended to read:
{ + Sec. 3. + } The amendments to ORS 169.690 and 423.565 by
{ - sections 1 and 2 of this 2009 Act - } { + section 38 of
this 2009 Act and section 2, chapter 121, Oregon Laws 2009
(Enrolled House Bill 2052), + } apply to facilities established
on or after the effective date of { - this 2009 Act - } { +
chapter 121, Oregon Laws 2009 (Enrolled House Bill 2052) + }.
SECTION 40. { + The amendments to ORS 169.690 by section 38 of
this 2009 Act become operative on January 1, 2010. + }
{ +
HB 2058 / HB 2009 CONFLICT RESOLUTIONS + }
SECTION 41. { + If both House Bill 2009 and House Bill 2058
become law, section 1091, chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2009) (amending ORS 685.160), is repealed. + }
SECTION 42. { + If both House Bill 2009 and House Bill 2058
become law, section 1092, chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2009) (amending ORS 688.545), is repealed and ORS
688.545, as amended by section 27, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2058), is amended to read: + }
688.545. (1) There is created a Board of Radiologic Technology.
The board consists of nine members appointed by the Governor and
subject to confirmation by the Senate in the manner provided in
ORS 171.562 and 171.565. Each member of the board must be a
resident of this state. Of the members of the board:
(a) One must be a radiologist;
(b) One must be a limited permit holder;
(c) Five must be licensed practicing radiologic technologists,
one of whom must be a radiation therapist; and
(d) Two must be members of the public. A public member
appointed under this paragraph may not be:
(A) Otherwise eligible for appointment to the board; or
(B) The spouse, domestic partner, child, parent or sibling of a
radiologist, limited permit holder or radiologic technologist.
(2)(a) Board members required to be limited permit holders or
licensed practicing radiologic technologists may be selected by
the Governor from a list of three to five nominees for each
vacancy, submitted by:
(A) A professional organization representing limited permit
holders, if the vacancy is in a limited permit holder position;
(B) A professional organization representing radiation
therapists, if the vacancy is in the radiation therapist
position; or
Enrolled House Bill 2129 (HB 2129-A) Page 33
(C) A professional organization representing radiologic
technologists, if the vacancy is in a radiologic technologist or
radiation therapist position.
(b) In selecting the members of the board, the Governor shall
strive to balance the representation on the board according to:
(A) Geographic areas of this state; and
(B) Ethnic group.
(3) The section manager of the Radiation Protection Services
Section of the { - Department of Human Services - } { +
Oregon Health Authority + }, or a person appointed by the section
manager, shall be an advisory member of the board for the purpose
of providing counsel and is not entitled to vote.
(4)(a) The term of office of the members of the board is three
years, but a member serves at the pleasure of the Governor. The
terms must be staggered so that no more than three terms end each
year. A member is eligible for reappointment.
(b) A board member shall be removed immediately from the board
if, during the member's term, the member:
(A) Is not a resident of this state;
(B) Has been absent from three consecutive board meetings,
unless at least one absence is excused;
(C) Is not a limited permit holder or a retired limited permit
holder who was a limited permit holder in good standing at the
time of retirement, if the board member was appointed to serve on
the board as a limited permit holder;
(D) Is not a licensed practicing radiologic technologist or a
retired radiologic technologist who was a licensed radiologic
technologist in good standing at the time of retirement, if the
board member was appointed to serve on the board as a radiologic
technologist; or
(E) Is not a licensed practicing radiation therapist or a
retired radiation therapist who was a licensed radiation
therapist in good standing at the time of retirement, if the
board member was appointed to serve on the board as a radiation
therapist.
(5) Members of the board are entitled to compensation and
expenses as provided in ORS 292.495. The board may provide by
rule for compensation to board members for the performance of
official duties at a rate that is greater than the rate provided
in ORS 292.495.
(6) The board shall annually elect a board chairperson and a
vice chairperson from the members of the board.
(7) For the purpose of transacting its business, the board
shall meet at least once every three months at times and places
designated by resolution. Special meetings may also be held at
such times as the board may elect or at the call of the
chairperson. Notification of the time, place and purpose of any
special meeting shall be sent to all members of the board at
least 15 days before the date of the meeting. All meetings are
subject to ORS 192.610 to 192.690.
(8) Five members of the board constitute a quorum for the
transaction of business at any meeting. Five affirmative votes
are required to take action.
SECTION 43. If both House Bill 2009 and House Bill 2058 become
law, ORS 691.405, as amended by section 1108, chapter ___, Oregon
Laws 2009 (Enrolled House Bill 2009), is amended to read:
691.405. As used in ORS 691.405 to 691.585:
(1) 'American Dietetic Association' means the national
professional organization of dietitians that provides direction
Enrolled House Bill 2129 (HB 2129-A) Page 34
and leadership for quality dietetic practice, education and
research.
{ - (2) 'Authority' means the Oregon Health Authority. - }
{ - (3) - } { + (2) + } 'Board' means the Board of
Examiners of Licensed Dietitians established under ORS 691.485.
{ - (4) - } { + (3) + } 'Commission on Dietetic
Registration' means the commission on dietetic registration that
is a member of the National Commission for Certifying Agencies.
{ - (5) - } { + (4) + } 'Dietetics practice' means the
integration and application of principles derived from the
sciences of nutrition, biochemistry, food, management, physiology
and behavioral and social sciences to achieve and maintain the
health of people through:
(a) Assessing the nutritional needs of clients;
(b) Establishing priorities, goals and objectives that meet
nutritional needs of clients;
(c) Advising and assisting individuals or groups on appropriate
nutritional intake by integrating information from a nutritional
assessment with information on food and other sources of
nutrients and meal preparation; and
(d) Evaluating, making changes in and maintaining appropriate
standards of quality in food and nutrition services.
{ - (6) - } { + (5) + } 'Licensed dietitian' means a
dietitian licensed as provided in ORS 691.435.
SECTION 44. { + If both House Bill 2009 and House Bill 2058
become law, section 1109, chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2009) (amending ORS 691.485), is repealed. + }
SECTION 45. { + If both House Bill 2009 and House Bill 2058
become law, section 1110, chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2009) (amending ORS 692.300), is repealed. + }
{ +
HB 2116 / HB 2009 CONFLICT RESOLUTIONS + }
SECTION 46. If both House Bill 2009 and House Bill 2116 become
law, section 1, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2116), is amended to read:
{ + Sec. 1. + } (1) The Health System Fund is established in
the State Treasury, separate and distinct from the General
Fund. Interest earned by the Health System Fund shall be credited
to the fund.
(2) Amounts in the Health System Fund are continuously
appropriated to the { - Department of Human Services - }
{ + Oregon Health Authority + } for the purpose of funding the
Health Care for All Oregon Children program established in
section 27 { + , chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2116) + } { - of this 2009 Act - } , health services
described in ORS 414.705 (1)(a) to (j) and other health services.
Moneys in the fund may also be used by the
{ - department - } { + authority + } to:
(a) Provide grants to community health centers and safety net
clinics under section 33 { + , chapter ___, Oregon Laws 2009
(Enrolled House Bill 2116) + } { - of this 2009 Act - } .
(b) Pay refunds due under section 41, chapter 736, Oregon Laws
2003, and under section 11 { + , chapter ___, Oregon Laws 2009
(Enrolled House Bill 2116) + } { - of this 2009 Act - } .
(c) Pay administrative costs incurred by the
{ - department - } { + authority + } to administer the
assessment in section 9 { + , chapter ___, Oregon Laws 2009
(Enrolled House Bill 2116) + } { - of this 2009 Act - } .
Enrolled House Bill 2129 (HB 2129-A) Page 35
(3) The { - department - } { + authority + } shall develop
a system for reimbursement by the { - department - }
{ + authority + } to the Office of Private Health Partnerships
out of the Health System Fund for costs associated with
administering the private health option pursuant to section
30 { + , chapter ___, Oregon Laws 2009 (Enrolled House Bill
2116) + } { - of this 2009 Act - } .
SECTION 47. If both House Bill 2009 and House Bill 2116 become
law, section 9, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2116), is amended to read:
{ + Sec. 9. + } (1) As used in this section, 'Medicaid
managed care organization' means the following entities defined
in or referred to in ORS 414.736:
(a) A fully capitated health plan.
(b) A physician care organization.
(c) A mental health organization.
(2) No later than 45 days following the end of a calendar
quarter, a Medicaid managed care organization shall pay an
assessment at a rate of one percent of the gross amount of
capitation payments received by the Medicaid managed care
organization during that calendar quarter for providing coverage
of health services under ORS 414.705 to 414.750.
(3) The assessment shall be paid to the { - Department of
Human Services - } { + Oregon Health Authority + } in a manner
and form prescribed by the { - department - } { +
authority + }.
(4) Assessments received by the { - department - }
{ + authority + } under this section shall be deposited in the
Health System Fund established in section 1 { + , chapter ___,
Oregon Laws 2009 (Enrolled House Bill 2116) + } { - of this
2009 Act - } .
(5) The assessment imposed under this section is in addition to
and not in lieu of any tax, surcharge or other assessment imposed
on a Medicaid managed care organization.
SECTION 48. If both House Bill 2009 and House Bill 2116 become
law, section 11, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2116), is amended to read:
{ + Sec. 11. + } (1) A Medicaid managed care organization
that has paid an amount that is not required under section
9 { + , chapter ___, Oregon Laws 2009 (Enrolled House Bill
2116), + } { - of this 2009 Act - } may file a claim for refund
with the { - Department of Human Services - } { + Oregon
Health Authority + }.
(2) Any Medicaid managed care organization that is aggrieved by
an action of the { - department - } { + authority + } taken
pursuant to subsection (1) of this section shall be entitled to
notice and an opportunity for a contested case hearing under ORS
chapter 183.
SECTION 49. If both House Bill 2009 and House Bill 2116 become
law, section 15, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2116), is amended to read:
{ + Sec. 15. + } (1) The { - Department of Human
Services - } { + Oregon Health Authority + } shall establish an
adjustment to the capitation rate paid to a Medicaid managed care
organization defined in section 9 { + , chapter ___, Oregon Laws
2009 (Enrolled House Bill 2116) + } { - of this 2009 Act - } .
(2) The contracts entered into between the { - department - }
{ + authority + } and Medicaid managed care organizations must
include provisions that ensure that the adjustment to the
capitation rate established under subsection (1) of this section
Enrolled House Bill 2129 (HB 2129-A) Page 36
is distributed by the Medicaid managed care organizations to
hospitals located in Oregon that receive Medicare reimbursement
based upon diagnostic related groups.
(3) The adjustment to the capitation rate paid to Medicaid
managed care organizations shall be established in an amount
consistent with the legislatively adopted budget and the
aggregate assessment imposed pursuant to section 2, chapter 736,
Oregon Laws 2003.
SECTION 50. If both House Bill 2009 and House Bill 2116 become
law, section 16, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2116), is amended to read:
{ + Sec. 16. + } The { - Department of Human Services - }
{ + Oregon Health Authority + } shall promptly seek federal
approval necessary to obtain federal financial participation in
the costs of programs and services funded with assessments paid
under sections 3, 5 and 9 { + , chapter ___, Oregon Laws 2009
(Enrolled House Bill 2116) + } { - of this 2009 Act - } .
SECTION 51. If both House Bill 2009 and House Bill 2116 become
law, section 2, chapter 736, Oregon Laws 2003, as amended by
section 1, chapter 780, Oregon Laws 2007, and section 17, chapter
___, Oregon Laws 2009 (Enrolled House Bill 2116), is amended to
read:
{ + Sec. 2. + } (1) An assessment is imposed on the net
revenue of each hospital in this state that is not a waivered
hospital. The assessment shall be imposed at a rate determined by
the Director of { - Human Services - } { + the Oregon Health
Authority + } by rule that is the director's best estimate of the
rate needed to fund the services and costs identified in section
9, chapter 736, Oregon Laws 2003. The rate of assessment shall be
imposed on the net revenue of each hospital subject to
assessment. The director shall consult with representatives of
hospitals before setting the assessment.
(2) The assessment shall be reported on a form prescribed by
the { - Department of Human Services - } { + Oregon Health
Authority + } and shall contain the information required to be
reported by the
{ - department - } { + authority + }. The assessment form
shall be filed with the { - department - } { + authority + }
on or before the 75th day following the end of the calendar
quarter for which the assessment is being reported. Except as
provided in subsection (6) of this section, the hospital shall
pay the assessment at the time the hospital files the assessment
report. The payment shall accompany the report.
(3)(a) To the extent permitted by federal law, aggregate
assessments imposed under this section may not exceed the total
of the following amounts received by the hospitals that are
reimbursed by Medicare based on diagnostic related groups:
(A) The adjustment to the capitation rate paid to Medicaid
managed care organizations under section 15 { + , chapter ___,
Oregon Laws 2009 (Enrolled House Bill 2116) + } { - of this
2009 Act - } ;
(B) 30 percent of payments made to hospitals on a
fee-for-service basis by the { - department - }
{ + authority + } for inpatient hospital services; and
(C) 41 percent of payments made to hospitals on a
fee-for-service basis by the { - department - }
{ + authority + } for outpatient hospital services.
(b) Notwithstanding paragraph (a) of this subsection, aggregate
assessments imposed for the biennium beginning July 1, 2009, may
exceed the total of the amounts described in paragraph (a) of
Enrolled House Bill 2129 (HB 2129-A) Page 37
this subsection to the extent necessary to compensate for any
reduction of funding in the legislatively adopted budget for that
biennium for hospital services under ORS 414.705 to 414.750.
(4) Notwithstanding subsection (3) of this section, a hospital
is not guaranteed that any additional moneys paid to the hospital
in the form of payments for services shall equal or exceed the
amount of the assessment paid by the hospital.
(5) Hospitals operated by the United States Department of
Veterans Affairs and pediatric specialty hospitals providing care
to children at no charge are exempt from the assessment imposed
under this section.
(6)(a) The { - Department of Human Services - }
{ + authority + } shall develop a schedule for collection of the
assessment for the calendar quarter ending September 30, 2013,
that will result in the collection occurring between December 15,
2013, and the time all Medicaid cost settlements are finalized
for that calendar quarter.
(b) The { - Department of Human Services - }
{ + authority + } shall prescribe by rule criteria for late
payment of assessments.
SECTION 52. If both House Bill 2009 and House Bill 2116 become
law, section 5, chapter 736, Oregon Laws 2003, as amended by
section 18, chapter ___, Oregon Laws 2009 (Enrolled House Bill
2116), is amended to read:
{ + Sec. 5. + } (1) A hospital that fails to file a report or
pay an assessment under section 2, chapter 736, Oregon Laws 2003,
by the date the report or payment is due shall be subject to a
penalty of up to $500 per day of delinquency. The total amount of
penalties imposed under this section for each reporting period
may not exceed five percent of the assessment for the reporting
period for which penalties are being imposed.
(2) Penalties imposed under this section shall be collected by
the { - Department of Human Services - } { + Oregon Health
Authority + } and deposited in the { - Department of Human
Services Account established under ORS 409.060 - } { + Oregon
Health Authority Fund established under section 18, chapter ___,
Oregon Laws 2009 (Enrolled House Bill 2009) + }.
(3) Penalties paid under this section are in addition to and
not in lieu of the assessment imposed under section 2, chapter
736, Oregon Laws 2003.
SECTION 53. If both House Bill 2009 and House Bill 2116 become
law, section 9, chapter 736, Oregon Laws 2003, as amended by
section 2, chapter 757, Oregon Laws 2005, section 2, chapter 780,
Oregon Laws 2007, and section 19, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2116), is amended to read:
{ + Sec. 9. + } (1) The Hospital Quality Assurance Fund is
established in the State Treasury, separate and distinct from the
General Fund. Interest earned by the Hospital Quality Assurance
Fund shall be credited to the Hospital Quality Assurance Fund.
(2) Amounts in the Hospital Quality Assurance Fund are
continuously appropriated to the { - Department of Human
Services - } { + Oregon Health Authority + } for the purpose of
paying refunds due under section 6, chapter 736, Oregon Laws
2003, and funding services under ORS 414.705 to 414.750,
including but not limited to:
(a) Increasing reimbursement rates for inpatient and outpatient
hospital services under ORS 414.705 to 414.750;
(b) Maintaining, expanding or modifying services for persons
described in ORS 414.025 (2)(s);
Enrolled House Bill 2129 (HB 2129-A) Page 38
(c) Maintaining or increasing the number of persons described
in ORS 414.025 (2)(s) who are enrolled in the medical assistance
program; and
(d) Paying administrative costs incurred by the
{ - department - } { + authority + } to administer the
assessments imposed under section 2, chapter 736, Oregon Laws
2003.
(3) Except for assessments imposed pursuant to section 2
(3)(b), chapter 736, Oregon Laws 2003, the { - department - }
{ + authority + } may not use moneys from the Hospital Quality
Assurance Fund to supplant, directly or indirectly, other moneys
made available to fund services described in subsection (2) of
this section.
SECTION 54. If both House Bill 2009 and House Bill 2116 become
law, section 29, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2116), is amended to read:
{ + Sec. 29. + } The { - Department of Human Services - }
{ + Oregon Health Authority + } shall establish fee-for-service
reimbursement rates for inpatient hospital services provided by
hospitals that receive Medicare reimbursement on the basis of
diagnostic related groups as follows:
(1) For the period from October 1, 2009, through September 30,
2013, at the same rate paid by Medicare on the date of the
service.
(2) For the period beginning October 1, 2013, at a rate that is
70 percent of the rate paid by Medicare on the date of the
service.
SECTION 55. If both House Bill 2009 and House Bill 2116 become
law, section 32, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2116), is amended to read:
{ + Sec. 32. + } (1) The { - Department of Human
Services - } { + Oregon Health Authority + } shall apply to the
Centers for Medicare and Medicaid Services for any approval
necessary to obtain federal financial participation in the costs
of programs described in sections 27 and 30 { + , chapter ___,
Oregon Laws 2009 (Enrolled House Bill 2116) + }
{ - of this 2009 Act - } , and in implementing the amendment to
section 27 { + , chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2116), + } { - of this 2009 Act - } by section 28 { + ,
chapter ___, Oregon Laws 2009 (Enrolled House Bill 2116) + }
{ - of this 2009 Act - } .
(2) The { - department - } { + Oregon Health Authority + }
and the Office of Private Health Partnerships shall adopt rules
implementing the Health Care for All Oregon Children program as
soon as practicable after receipt of the necessary federal
approval and may provide for implementation in stages in
accordance with the availability of funding.
(3) Section 27 { + , chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2116), + } { - of this 2009 Act - } becomes
operative on the later of October 1, 2009, or the date on which
the { - Department of Human Services - } { + Oregon Health
Authority + } receives any federal approval required to secure
federal financial participation under subsection (1) of this
section.
(4) Section 30 { + , chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2116), + } { - of this 2009 Act - } and the
amendments to section 27 { + , chapter ___, Oregon Laws 2009
(Enrolled House Bill 2116), + } { - of this 2009 Act - } by
section 28 { + , chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2116), + } { - of this 2009 Act - } become operative on
Enrolled House Bill 2129 (HB 2129-A) Page 39
the later of January 1, 2010, or the date on which the
{ - Department of Human Services - } { + Oregon Health
Authority + } receives any federal approval required to secure
federal financial participation under subsection (1) of this
section.
SECTION 56. If both House Bill 2009 and House Bill 2116 become
law, section 33, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2116), is amended to read:
{ + Sec. 33. + } (1) As used in this section, 'community
health center or safety net clinic' means a nonprofit medical
clinic or school-based health center that provides primary
physical health, vision, dental or mental health services to
low-income patients without charge or using a sliding scale based
on the income of the patient.
(2) The { - Department of Human Services - } { + Oregon
Health Authority + } shall award grants to community health
centers or safety net clinics to ensure the capacity of each
grantee to provide health care services to underserved or
vulnerable populations, within the limits of funds provided by
the Legislative Assembly for this purpose.
(3) The { - department - } { + authority + } shall provide
outreach for the Health Care for All Oregon Children program,
including development and administration of an application
assistance program, and including grants to provide funding to
organizations and local groups for outreach and enrollment
activities for the program, within the limits of funds provided
by the Legislative Assembly for this purpose.
(4) Notwithstanding subsections (2) and (3) of this section,
the { - department - } { + authority + } shall provide funds
for expansion and continuation of school-based health centers.
(5) The { - department - } { + authority + } shall by rule
adopt criteria for awarding grants and providing funds under this
section.
(6) The { - department - } { + authority + } shall analyze
and evaluate the implementation of the Health Care for All Oregon
Children program.
SECTION 57. If both House Bill 2009 and House Bill 2116 become
law, section 34, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2116), is amended to read:
{ + Sec. 34. + } (1) The { - Department of Human
Services - } { + Oregon Health Authority + } is responsible for
statewide outreach and marketing of the Health Care for All
Oregon Children program established in section 27 { + , chapter
___, Oregon Laws 2009 (Enrolled House Bill 2116), + } { - of
this 2009 Act - } and administered by the { - department - }
{ + authority + } and the Office of Private Health Partnerships
with the goal of enrolling in those programs all eligible
children residing in this state.
(2) To maximize the enrollment and retention of eligible
children in the Health Care for All Oregon Children program, the
{ - department - } { + authority + } shall develop and
administer a grant program to provide funding to organizations
and community based groups to deliver culturally specific and
targeted outreach and direct application assistance to:
(a) Members of racial, ethnic and language minority
communities;
(b) Children living in geographic isolation; and
(c) Children and family members with additional barriers to
accessing health care, such as cognitive, mental health or
Enrolled House Bill 2129 (HB 2129-A) Page 40
sensory disorders, physical disabilities or chemical dependency,
and children experiencing homelessness.
SECTION 58. If both House Bill 2009 and House Bill 2116 become
law, section 35, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2116), is amended to read:
{ + Sec. 35. + } (1) The Department of Human Services { + ,
under the direction of the Oregon Health Policy Board and in
collaboration with the Oregon Health Authority, + } shall
implement a streamlined and simple application process for the
medical assistance and premium assistance programs administered
by the { - department - } { + Oregon Health Authority + } and
the Office of Private Health Partnerships. The process shall
include, but not be limited to:
(a) An online application that may be submitted via the
Internet;
(b) Application forms that are readable at a sixth grade level
and that request the minimum amount of information necessary to
begin processing the application; and
(c) Application assistance from qualified staff to aid
individuals who have language, cognitive, physical or geographic
barriers to applying for medical assistance or premium
assistance.
(2) In developing the simplified application forms, the
department shall consult with persons not employed by the
department who have experience in serving vulnerable and
hard-to-reach populations.
(3) The { - department - } { + Oregon Health Authority + }
shall facilitate outreach and enrollment efforts to connect
eligible individuals with all available publicly funded health
programs, including but not limited to the Family Health
Insurance Assistance Program.
SECTION 59. { + If both House Bill 2009 and House Bill 2116
become law, section 43, chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2116) (amending ORS 414.428), is repealed. + }
SECTION 60. If both House Bill 2009 and House Bill 2116 become
law, section 50, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2116), is amended to read:
{ + Sec. 50. + } Notwithstanding section 9 (3), chapter 736,
Oregon Laws 2003, moneys in the Hospital Quality Assurance Fund
established under section 9, chapter 736, Oregon Laws 2003, that
were received by the Department of Human Services { + or the
Oregon Health Authority + } prior to January 1, 2010, or if
received on or after January 1, 2010, were derived from an
assessment liability incurred prior to October 1, 2009, may be
used by the { - department - } { + authority + }:
(1) During the biennium beginning July 1, 2009, to supplant,
directly or indirectly, moneys appropriated to fund health
services by the Seventy-fifth Legislative Assembly during the
regular legislative session;
(2) To fund increased fee-for-service reimbursement rates for
inpatient and outpatient hospital services provided prior to
October 1, 2009; and
(3) To fund Medicaid cost settlements owed to hospitals due to
the increase in fee-for-service rates under subsection (2) of
this section.
SECTION 61. If both House Bill 2009 and House Bill 2116 become
law, section 51, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2116), is amended to read:
{ + Sec. 51. + } { + (1) + } Sections 1 to 12, 15 and
29 { + , chapter ___, Oregon Laws 2009 (Enrolled House Bill
Enrolled House Bill 2129 (HB 2129-A) Page 41
2116) + } { - of this 2009 Act - } , the amendments to ORS
731.292 and 731.840 by sections 13 and 25 { + , chapter ___,
Oregon Laws 2009 (Enrolled House Bill 2116), + } { - of this
2009 Act - } and the amendments to sections 2, 5, 9, 10, 12, 13,
14 and 51, chapter 736, Oregon Laws 2003, by sections 17, 18, 19,
20, 21, 22, 23 and 24 { + , chapter ___, Oregon Laws 2009
(Enrolled House Bill 2116), + } { - of this 2009 Act - }
become operative on October 1, 2009.
{ + (2) The amendments to sections 2, 5 and 9, chapter 736,
Oregon Laws 2003, by sections 51 to 53 of this 2009 Act and the
amendments to sections 1, 9, 11, 15 and 29, chapter ___, Oregon
Laws 2009 (Enrolled House Bill 2116), by sections 46 to 49 and 54
of this 2009 Act become operative on October 1, 2009. + }
SECTION 62. { + The amendments to sections 16, 32, 33, 34, 35,
50 and 51, chapter ___, Oregon Laws 2009 (Enrolled House Bill
2116), by sections 50, 55 to 58, 60 and 61 of this 2009 Act
become operative on the effective date of chapter ___, Oregon
Laws 2009 (Enrolled House Bill 2116). + }
{ +
HB 2133 / HB 2009 CONFLICT RESOLUTIONS + }
SECTION 63. { + If both House Bill 2009 and House Bill 2133
become law, section 1, chapter 200, Oregon Laws 2009 (Enrolled
House Bill 2133) (amending ORS 431.310), is repealed and ORS
431.310, as amended by section 553, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2009), is amended to read: + }
431.310. (1) For the better protection of the public
health { + , + } the laboratory of the Oregon Health Authority
shall make bacteriological and other examinations of water, milk,
blood, secretions or tissues required by any state, county or
city institution, or officer, and may make such examinations for
any licensed physician in accordance with the rules of the
authority.
(2) The authority { - shall - } { + may + } establish by
rule and collect fees for tests performed in the state public
health laboratory { + , subject to approval by the Oregon
Department of Administrative Services prior to adopting a new fee
or changing an existing fee. + } { - , not to exceed: - }
{ - (a) $50 per test for tests other than newborn screening
tests; and - }
{ - (b) $30 per specimen for newborn screening tests. - }
(3) All { - money received for such tests - } { + moneys
collected under subsection (2) of this section + } shall be
deposited in the Public Health Account to be used for expenses of
the state public health laboratory.
SECTION 64. { + The amendments to ORS 431.310 by section 63 of
this 2009 Act become operative on January 1, 2010. + }
{ +
HB 2134 / HB 2009 CONFLICT RESOLUTIONS + }
SECTION 65. If both House Bill 2009 and House Bill 2134 become
law, section 2, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2134), is amended to read:
{ + Sec. 2. + } As used in ORS 431.920 and section 4 { + ,
chapter ___, Oregon Laws 2009 (Enrolled House Bill 2134) + }
{ - of this 2009 Act - } :
(1) 'Certified' and 'certification' means an action by the
{ - Department of Human Services - } { + Oregon Health
Enrolled House Bill 2129 (HB 2129-A) Page 42
Authority + } verifying the successful completion of a training
program accredited by the { - department - }
{ + authority + } and any other requirements.
(2) 'Firm' has the meaning given that term in 40 C.F.R. 745.83
and as further defined pursuant to the authorities described in
section 1 { + , chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2134) + } { - of this 2009 Act - } .
(3) 'Lead-based paint' has the meaning given that term in P.L.
102-550, section 1004, and as further defined pursuant to the
authorities described in section 1 { + , chapter ___, Oregon Laws
2009 (Enrolled House Bill 2134) + } { - of this 2009 Act - } .
(4) 'Lead-based paint activities' has the meaning given that
term in 40 C.F.R. 745.223 and as further defined pursuant to the
authorities described in section 1 { + , chapter ___, Oregon Laws
2009 (Enrolled House Bill 2134) + } { - of this 2009 Act - } .
(5) 'Renovation' has the meaning given that term in 40 C.F.R.
745.83 and as further defined pursuant to the authorities
described in section 1 { + , chapter ___, Oregon Laws 2009
(Enrolled House Bill 2134) + } { - of this 2009 Act - } .
SECTION 66. { + If both House Bill 2009 and House Bill 2134
become law, section 3, chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2134) (amending ORS 431.920), is repealed and ORS
431.920, as amended by section 598, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2009), is amended to read: + }
431.920. { + (1) + } The Oregon Health Authority shall:
{ - (1) Develop accreditation programs for training
providers; - }
{ - (2) Prescribe the requirements for and the manner of
testing the competency of license applicants for the protection
of the public and as required by federal law; - }
{ - (3) Prescribe those actions or circumstances that
constitute failure to achieve or maintain competency, or that
otherwise are contrary to the public interest, for which the
agency may refuse to issue or renew or may suspend or revoke a
certification; - }
{ - (4) Develop and conduct programs to screen blood lead
levels, to identify hazards and to educate the public, including
parents, residential dwelling owners and child care facility
operators, about the dangers of lead-based paint hazards and of
appropriate precautions that should be taken to reduce the
possibility of childhood lead poisoning; and - }
{ - (5) Impose fees to the extent necessary to pay the costs
of the following: - }
{ - (a) Certification of training curriculums, up to
$1,500; - }
{ - (b) Annual renewal of training providers and curriculums,
up to $500; - }
{ - (c) Certification of trainers, up to $500; - }
{ - (d) Annual renewal of trainer's certification, up to
$250; and - }
{ - (e) Certification test, up to $85. - }
{ + (a) Certify firms and individuals to perform lead-based
paint activities;
(b) Certify firms to perform renovation;
(c) Accredit training providers to provide lead-based paint
activities and renovation training;
(d) Develop and approve training programs for lead-based paint
activities and renovation;
(e) Establish standards based on best practices for the conduct
of lead-based paint inspections, risk assessment and abatement
Enrolled House Bill 2129 (HB 2129-A) Page 43
services, renovation activities that disturb lead-based paint and
the disposal of lead-based paint that are in addition to, not
inconsistent with and not in lieu of any other workplace
standards required by law;
(f) Develop and conduct programs to screen blood lead levels,
identify hazards and educate the public, including but not
limited to parents, residential dwelling owners, pediatric
medical providers and child care facility operators, about the
dangers of lead-based paint and about appropriate precautions
that may reduce the probability of childhood lead poisoning;
(g) Adopt rules necessary to implement the provisions of this
section and sections 4 and 5, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2134); and
(h) Establish fees sufficient to recover the costs of
implementing the provisions of this section and sections 4 and 5,
chapter ___, Oregon Laws 2009 (Enrolled House Bill 2134),
including but not limited to fees for:
(A) Certification and recertification to perform lead-based
paint activities and renovation; and
(B) Accreditation and reaccreditation of lead-based paint
training providers.
(2) The Oregon Health Authority may:
(a) Enter private or public property at any reasonable time
with consent of the owner or custodian of the property to
inspect, investigate, evaluate or conduct tests or take specimens
or samples for testing, as necessary to determine compliance with
section 4, chapter ___, Oregon Laws 2009 (Enrolled House Bill
2134);
(b) Issue subpoenas to determine compliance with section 4,
chapter ___, Oregon Laws 2009 (Enrolled House Bill 2134);
(c) Suspend, revoke or modify a certification to perform
lead-based paint activities or renovation if the holder of the
certification fails to comply with state or federal statutes or
regulations related to lead-based paint; and
(d) Suspend, revoke or modify a certified renovator's
certification if the renovator fails to comply with state or
federal statutes or regulations related to lead-based paint. + }
SECTION 67. If both House Bill 2009 and House Bill 2134 become
law, section 5, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2134), is amended to read:
{ + Sec. 5. + } (1) Any person who violates any provision of,
or any rule adopted under, ORS 431.920 or section 4 { + , chapter
___, Oregon Laws 2009 (Enrolled House Bill 2134) + } { - of
this 2009 Act - } shall forfeit and pay to the Public Health
Account established under ORS 431.210 a civil penalty of not more
than $5,000 for each violation. Moneys paid to the Public Health
Account under this section may be used only for the purposes of
lead poisoning prevention, including consumer and industry
outreach, public education, blood lead screening and other
activities.
(2) Civil penalties under this section shall be imposed as
provided in ORS 183.745.
(3) A civil penalty imposed under this section is in addition
to and not in lieu of any other penalty or sanction provided by
law.
(4) The { - Department of Human Services - } { + Oregon
Health Authority + } shall report all civil penalties or
sanctions imposed under this section or a rule adopted under ORS
431.920 to each of the following state agencies:
(a) The Construction Contractors Board;
Enrolled House Bill 2129 (HB 2129-A) Page 44
(b) The Occupational Safety and Health Division of the
Department of Consumer and Business Services; and
(c) The Department of Environmental Quality.
SECTION 68. { + If both House Bill 2009 and House Bill 2134
become law, section 7, chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2134) (amending ORS 701.505), is repealed and ORS
701.505, as amended by section 1112, chapter ___, Oregon Laws
2009 (Enrolled House Bill 2009), is amended to read: + }
701.505. For the purposes of ORS { - 431.920 and - } 701.500
to 701.515:
(1) 'Abatement' has the meaning given that term in
P.L. 102-550, section 1004, 40 C.F.R. 745.223 and as further
defined pursuant to the authorities described in { - ORS
701.500 - } { + section 1, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2134) + }.
(2) 'Accredited training program' means a training program that
has been accredited by the Oregon Health Authority to provide
training for individuals engaged in lead-based paint activities.
{ - (3) 'Certified' means an action by the Oregon Health
Authority verifying the successful completion of a training
program accredited by the authority and any other
requirements. - }
{ + (3) 'Certified lead-based paint renovation contractor '
means a contractor that is licensed by the Construction
Contractors Board to conduct lead-based paint renovation under
ORS 701.515. + }
{ - (4) 'Discipline' means a specific type or category of
lead-based paint activity. - }
{ - (5) 'Evaluation' has the meaning given that term in
P.L. 102-550, section 1004, and as further defined pursuant to
the authorities described in ORS 701.500. - }
{ - (6) - } { + (4) + } 'Inspection' has the meaning given
that term in P.L. 102-550, section 1004, 40 C.F.R. 745.223 and as
further defined pursuant to the authorities described in
{ - ORS 701.500 - } { + section 1, chapter ___, Oregon Laws
2009 (Enrolled House Bill 2134) + }.
{ - (7) - } { + (5) + } 'Lead-based paint' has the meaning
given that term in P.L. 102-550, section 1004, and as further
defined pursuant to the authorities described in { - ORS
701.500 - } { + section 1, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2134) + }.
{ - (8) - } { + (6) + } 'Lead-based paint activities' has
the meaning given that term in 40 C.F.R. 745.223 and as further
defined pursuant to the authorities described in { - ORS
701.500 - } { + section 1, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2134) + }.
{ - (9) 'Lead-based paint hazard' means any condition that
causes exposure to lead from lead-contaminated dust,
lead-contaminated soil, lead-contaminated paint that is
deteriorated or present in accessible surfaces, friction surfaces
or impact surfaces that would result in adverse human health
effects as established by the appropriate federal agency. - }
{ - (10) 'Licensed' means a person who has been certified by
the Oregon Health Authority in one or more disciplines and has
completed the requirements of the Construction Contractors
Board. - }
{ - (11) 'Registered' means a person or business that has met
the requirements for registration under this chapter. - }
Enrolled House Bill 2129 (HB 2129-A) Page 45
{ + (7) 'Lead-based paint activities contractor' means a
contractor that is licensed by the Construction Contractors Board
to conduct lead-based paint activities under ORS 701.515.
(8) 'Renovation' has the meaning given that term in 40 C.F.R.
745.83 and as further defined pursuant to the authorities
described in section 1, chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2134). + }
SECTION 69. If both House Bill 2009 and House Bill 2134 become
law, section 10, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2134), is amended to read:
{ + Sec. 10. + } (1) A person who violates any provision of,
or any rule adopted under, ORS 701.500 to 701.515 shall pay to
the Construction Contractors Board Lead-Based Paint Activities
Fund established under section 11 { + , chapter ___, Oregon Laws
2009 (Enrolled House Bill 2134) + } { - of this 2009 Act - } a
civil penalty of not more than $5,000 for each violation.
(2) Civil penalties under this section shall be imposed as
provided in ORS 183.745.
(3) A civil penalty imposed under this section is in addition
to and not in lieu of any other penalty or sanction provided by
law.
(4) The board shall report all civil penalties or sanctions
imposed under this section to each of the following state
agencies:
(a) The { - Department of Human Services - } { + Oregon
Health Authority + };
(b) The Occupational Safety and Health Division of the
Department of Consumer and Business Services; and
(c) The Department of Environmental Quality.
SECTION 70. { + The amendments to ORS 431.920 and 701.505 by
sections 66 and 68 of this 2009 Act become operative on January
1, 2010. + }
{ +
HB 2194 / HB 2009 CONFLICT RESOLUTIONS + }
SECTION 71. { + If both House Bill 2009 and House Bill 2194
become law, section 2, chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2194) (amending ORS 735.610), is repealed and ORS
735.610, as amended by section 1118, chapter ___, Oregon Laws
2009 (Enrolled House Bill 2009), is amended to read: + }
735.610. (1) There is created in the Oregon Health Authority
the Oregon Medical Insurance Pool Board. The board shall
establish the Oregon Medical Insurance Pool and otherwise carry
out the responsibilities of the board under ORS 735.600 to
735.650.
(2) The board shall consist of nine individuals, seven of whom
shall be appointed by the Director of the Oregon Health
Authority. The Director of the Department of Consumer and
Business Services or the director's designee and the Director of
the Oregon Health Authority or the director's designee shall be
members of the board. The chair of the board shall be elected
from among the members of the board. The board shall at all
times, to the extent possible, include at least one
representative of a domestic insurance company licensed to
transact health insurance, one representative of a domestic
not-for-profit health care service contractor, one representative
of a health maintenance organization, one representative of
reinsurers and two members of the general public who are not
associated with the medical profession, a hospital or an insurer.
Enrolled House Bill 2129 (HB 2129-A) Page 46
{ + A majority of the voting members of the board constitutes a
quorum for the transaction of business. An act by a majority of a
quorum is an official act of the board. + }
(3) The Director { + of the Oregon Health Authority + } may
fill any vacancy on the board by appointment.
(4) The board shall have the general powers and authority
granted under the laws of this state to insurance companies with
a certificate of authority to transact health insurance and the
specific authority to:
(a) Enter into such contracts as are necessary or proper to
carry out the provisions and purposes of ORS 735.600 to 735.650
including the authority to enter into contracts with similar
pools of other states for the joint performance of common
administrative functions, or with persons or other organizations
for the performance of administrative functions;
(b) Recover any assessments for, on behalf of, or against
insurers;
(c) Take such legal action as is necessary to avoid the payment
of improper claims against the pool or the coverage provided by
or through the pool;
(d) Establish appropriate rates, rate schedules, rate
adjustments, expense allowances, insurance producers' referral
fees, claim reserves or formulas and perform any other actuarial
function appropriate to the operation of the pool. Rates may not
be unreasonable in relation to the coverage provided, the risk
experience and expenses of providing the coverage. Rates and rate
schedules may be adjusted for appropriate risk factors such as
age and area variation in claim costs and shall take into
consideration appropriate risk factors in accordance with
established actuarial and underwriting practices;
(e) Issue policies of insurance in accordance with the
requirements of ORS 735.600 to 735.650;
(f) Appoint from among insurers appropriate actuarial and other
committees as necessary to provide technical assistance in the
operation of the pool, policy and other contract design, and any
other function within the authority of the board;
(g) Seek advances to effect the purposes of the pool; and
(h) Establish rules, conditions and procedures for reinsuring
risks under ORS 735.600 to 735.650.
(5) Each member of the board is entitled to compensation and
expenses as provided in ORS 292.495.
(6) The Director of the Oregon Health Authority shall adopt
rules, as provided under ORS chapter 183, implementing policies
recommended by the board for the purpose of carrying out ORS
735.600 to 735.650.
(7) In consultation with the board, the Director { + of the
Oregon Health Authority + } shall employ such staff and
consultants as may be necessary for the purpose of carrying out
responsibilities under ORS 735.600 to 735.650.
SECTION 72. { + The amendments to ORS 735.610 by section 71 of
this 2009 Act become operative on January 1, 2010. + }
{ +
HB 2345 / HB 2009 CONFLICT RESOLUTIONS + }
SECTION 73. If both House Bill 2009 and House Bill 2345 become
law, section 1b, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2345), is amended to read:
{ + Sec. 1b. + } (1) The { - Department of Human
Services - } { + Oregon Health Authority + } shall establish or
Enrolled House Bill 2129 (HB 2129-A) Page 47
contract to establish an impaired health professional program.
The program must:
(a) Enroll licensees of participating health profession
licensing boards who have been diagnosed with alcohol or
substance abuse or a mental health disorder;
(b) Require that a licensee sign a written consent prior to
enrollment in the program allowing disclosure and exchange of
information between the program, the licensee's board, the
monitoring entity established under section 1c { + , chapter ___,
Oregon Laws 2009 (Enrolled House Bill 2345) + } { - of this
2009 Act - } , the licensee's employer, evaluators and treatment
entities in compliance with ORS 179.505 and 42 C.F.R. part 2;
(c) Enter into diversion agreements with enrolled licensees;
(d) Assess and evaluate compliance with diversion agreements by
enrolled licensees;
(e) Assess the ability of an enrolled licensee's employer to
supervise the licensee and require an enrolled licensee's
employer to establish minimum training requirements for
supervisors of enrolled licensees;
(f) Report substantial noncompliance with a diversion agreement
to the monitoring entity established under section 1c { + ,
chapter ___, Oregon Laws 2009 (Enrolled House Bill 2345), + }
{ - of this 2009 Act - } within one business day after the
program learns of the substantial noncompliance, including but
not limited to information that a licensee:
(A) Engaged in criminal behavior;
(B) Engaged in conduct that caused injury, death or harm to the
public, including engaging in sexual impropriety with a patient;
(C) Was impaired in a health care setting in the course of the
licensee's employment;
(D) Received a positive toxicology test result as determined by
federal regulations pertaining to drug testing;
(E) Violated a restriction on the licensee's practice imposed
by the program or the licensee's board;
(F) Was admitted to the hospital for mental illness or adjudged
to be mentally incompetent;
(G) Entered into a diversion agreement, but failed to
participate in the program; or
(H) Was referred to the program but failed to enroll in the
program; and
(g) At least weekly, submit a list of licensees who are
enrolled in the program and a list of licensees who successfully
complete the program to the monitoring entity established under
section 1c { + , chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2345) + } { - of this 2009 Act - } .
(2) When the program reports noncompliance to the monitoring
entity, the report must include:
(a) A description of the noncompliance;
(b) A copy of a report from the independent third party who
diagnosed the licensee under section 1a (2)(a) { + , chapter ___,
Oregon Laws 2009 (Enrolled House Bill 2345), + } { - of this
2009 Act - } or subsection (5)(a) of this section stating the
licensee's diagnosis;
(c) A copy of the licensee's diversion agreement; and
(d) The licensee's employment status.
(3) The program may not diagnose or treat licensees enrolled in
the program.
(4) The diversion agreement required by subsection (1) of this
section must:
Enrolled House Bill 2129 (HB 2129-A) Page 48
(a) Require the licensee to consent to disclosure and exchange
of information between the program, the licensee's board, the
monitoring entity established under section 1c { + , chapter ___,
Oregon Laws 2009 (Enrolled House Bill 2345) + } { - of this
2009 Act - } , the licensee's employer, evaluators and treatment
providers, in compliance with ORS 179.505 and 42 C.F.R. part 2;
(b) Require that the licensee comply continuously with the
agreement for at least two years to successfully complete the
program;
(c) Based on an individualized assessment, require that the
licensee abstain from mind-altering or intoxicating substances or
potentially addictive drugs, unless the drug is approved by the
program and prescribed for a documented medical condition by a
person authorized by law to prescribe the drug to the licensee;
(d) Require the licensee to report use of mind-altering or
intoxicating substances or potentially addictive drugs within 24
hours;
(e) Require the licensee to agree to participate in a treatment
plan approved by a third party;
(f) Contain limits on the licensee's practice of the licensee's
health profession;
(g) Provide for employer monitoring of the licensee;
(h) Provide that the program may require an evaluation of the
licensee's fitness to practice before removing the limits on the
licensee's practice of the licensee's health profession;
(i) Require the licensee to submit to random drug or alcohol
testing in accordance with federal regulations;
(j) Require the licensee to report at least weekly to the
program regarding the licensee's compliance with the agreement;
(k) Require the licensee to report any arrest for or conviction
of a misdemeanor or felony crime to the program within three
business days after the licensee is arrested or convicted;
(L) Require the licensee to report applications for licensure
in other states, changes in employment and changes in practice
setting; and
(m) Provide that the licensee is responsible for the cost of
evaluations, toxicology testing and treatment.
(5)(a) A licensee of a board participating in the program may
self-refer to the program.
(b) The program shall require the licensee to attest that the
licensee is not, to the best of the licensee's knowledge, under
investigation by the licensee's board. The program shall enroll
the licensee on the date on which the licensee attests that the
licensee, to the best of the licensee's knowledge, is not under
investigation by the licensee's board.
(c) When a licensee self-refers to the program, the program
shall:
(A) Require that an independent third party approved by the
licensee's board to evaluate alcohol or substance abuse or mental
health disorders evaluate the licensee for alcohol or substance
abuse or mental health disorders; and
(B) Investigate to determine whether the licensee's practice
while impaired has presented or presents a danger to the public.
(6) The { - department - } { + authority + } shall adopt
rules establishing a fee to be paid by the boards participating
in the impaired health professional program for administration of
the program.
(7) The { - department - } { + authority + } shall arrange
for an independent third party to audit the program to ensure
compliance with program guidelines. The { - department - }
Enrolled House Bill 2129 (HB 2129-A) Page 49
{ + authority + } shall report the results of the audit to the
Legislative Assembly, the Governor and the health profession
licensing boards. The report may not contain individually
identifiable information about licensees.
(8) The { - department - } { + authority + } may adopt
rules to carry out this section.
SECTION 74. If both House Bill 2009 and House Bill 2345 become
law, section 1c, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2345), is amended to read:
{ + Sec. 1c. + } (1) The { - Department of Human
Services - } { + Oregon Health Authority + } shall contract
with an independent third party to establish a monitoring entity
for impaired professionals. The monitoring entity shall:
(a) Compare the weekly lists submitted by the impaired health
professional program under section 1b { + , chapter ___, Oregon
Laws 2009 (Enrolled House Bill 2345), + } { - of this 2009
Act - } to determine if any enrollees are no longer
participating in the impaired health professional program; and
(b) Report to a health profession licensing board when:
(A) The monitoring entity receives a report from the impaired
health professional program established under section 1b { + ,
chapter ___, Oregon Laws 2009 (Enrolled House Bill 2345), + }
{ - of this 2009 Act - } that a licensee is substantially
noncompliant with the licensee's diversion agreement;
(B) Comparison of the weekly lists submitted by the impaired
health professional program under section 1b { + , chapter ___,
Oregon Laws 2009 (Enrolled House Bill 2345), + } { - of this
2009 Act - } shows that a licensee is no longer participating in
the impaired health professional program; and
(C) The monitoring entity receives a report from the impaired
health professional program under section 1b { + , chapter ___,
Oregon Laws 2009 (Enrolled House Bill 2345), + } { - of this
2009 Act - } that a licensee referred by the board has completed
the impaired health professional program.
(2) The monitoring entity may not have any contact with a
licensee and has no discretion in deciding whether to make a
report required under this section.
(3) The weekly lists submitted by the impaired health
professional program under section 1b { + , chapter ___, Oregon
Laws 2009 (Enrolled House Bill 2345), + } { - of this 2009
Act - } are exempt from disclosure under public records law.
(4) If a licensee self-refers to the impaired health
professional program, the monitoring entity may not report the
licensee's enrollment or successful completion of the impaired
health professional program to the licensee's board.
(5) The { - department - } { + authority + } shall arrange
for an independent third party to audit the monitoring entity to
ensure compliance with program guidelines. The
{ - department - } { + authority + } shall report the results
of the audit to the Legislative Assembly, the Governor and the
health profession licensing boards. The report may not contain
individually identifiable information about licensees.
(6) The { - department - } { + authority + } may adopt
rules assessing fees to health profession licensing boards
participating in the program for the costs of administering the
monitoring entity.
SECTION 75. If both House Bill 2009 and House Bill 2345 become
law, section 13, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2345), is amended to read:
Enrolled House Bill 2129 (HB 2129-A) Page 50
{ + Sec. 13. + } The { - Department of Human Services - }
{ + Oregon Health Authority + } shall report on the impaired
health professional program established under section 1b { + ,
chapter ___, Oregon Laws 2009 (Enrolled House Bill 2345), + }
{ - of this 2009 Act - } to the Governor, to the Legislative
Assembly as provided in ORS 192.245 and to health profession
licensing boards as defined in section 1 { + , chapter ___,
Oregon Laws 2009 (Enrolled House Bill 2345), + } { - of this
2009 Act - } on or before January 31, 2011.
SECTION 76. If both House Bill 2009 and House Bill 2345 become
law, section 22, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2345), is amended to read:
{ + Sec. 22. + } (1) Sections 1 to 1c { + , chapter ___,
Oregon Laws 2009 (Enrolled House Bill 2345) + } { - of this
2009 Act - } , the amendments to ORS 179.505, 192.690, 675.410,
675.510, 675.583, 675.600, 675.785, 678.112, 678.410, 684.010 and
687.081 by sections 2 to 12, 15 and 18 to 20 { + , chapter ___,
Oregon Laws 2009 (Enrolled House Bill 2345), + } { - of this
2009 Act - } and the repeal of ORS 677.615, 677.625, 677.635,
677.645, 677.655, 677.665, 677.677, 684.103, 684.157, 689.342,
689.344, 689.346, 689.348, 689.352, 689.354 and 689.356 by
section 14 { + , chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2345), + } { - of this 2009 Act - } become operative July
1, 2010.
(2) A health profession licensing board as defined in section
1 { + , chapter ___, Oregon Laws 2009 (Enrolled House Bill
2345), + } { - of this 2009 Act - } may take any action before
the operative date specified in subsection (1) of this section
that is necessary to enable the board to exercise, on and after
the operative date specified in subsection (1) of this section,
all the duties, functions and powers conferred on the board by
{ - this 2009 Act - } { + chapter ___, Oregon Laws 2009
(Enrolled House Bill 2345) + }.
(3) The { - Department of Human Services - } { + Oregon
Health Authority + } may take any action before the operative
date specified in subsection (1) of this section that is
necessary to enable the
{ - department - } { + authority + } to exercise, on and
after the operative date specified in subsection (1) of this
section, all the duties, functions and powers conferred on the
{ - department - } { + authority + } by
{ - this 2009 Act - } { + chapter ___, Oregon Laws 2009
(Enrolled House Bill 2345) + }.
SECTION 77. If both House Bill 2009 and House Bill 2345 become
law, section 23, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2345), is amended to read:
{ + Sec. 23. + } (1) Before the operative date specified in
section 22 { + , chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2345) + } { - of this 2009 Act - } , the { - Department
of Human Services - } { + Oregon Health Authority + } and the
health profession licensing boards that opt to participate in the
impaired health professional program established under section
1b { + , chapter ___, Oregon Laws 2009 (Enrolled House Bill
2345), + } { - of this 2009 Act - } shall collaborate to
transfer existing impaired professional programs and funding, and
licensees who are subject to existing impaired professional
programs, to the impaired health professional program established
under section 1b { + , chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2345) + } { - of this 2009 Act - } .
Enrolled House Bill 2129 (HB 2129-A) Page 51
(2) When a licensee is transferred to the impaired health
professional program established under section 1b { + , chapter
___, Oregon Laws 2009 (Enrolled House Bill 2345), + } { - of
this 2009 Act - } pursuant to subsection (1) of this section, the
program shall honor the terms of the licensee's existing
diversion agreement if the terms of the agreement are consistent
with the requirements of section 1b { + , chapter ___, Oregon
Laws 2009 (Enrolled House Bill 2345) + } { - of this 2009
Act - } . If the terms of the licensee's existing diversion
agreement are not consistent with the requirements of section
1b { + , chapter ___, Oregon Laws 2009 (Enrolled House Bill
2345) + } { - of this 2009 Act - } , the diversion agreement
entered into by the program and the licensee must comply with
section 1b { + , chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2345) + } { - of this 2009 Act - } .
(3) When a licensee who self-referred to an impaired
professional program before the effective date of { - this 2009
Act - } { + chapter ___, Oregon Laws 2009 (Enrolled House Bill
2345), + } is transferred to the impaired health professional
program established under section 1b { + , chapter ___, Oregon
Laws 2009 (Enrolled House Bill 2345), + } { - of this 2009
Act - } pursuant to subsection (1) of this section:
(a) The program may not disclose the licensee's enrollment in
the program to the licensee's board unless the licensee:
(A) Ceases to participate in the program before completing the
program; or
(B) Engages in substantial noncompliance as described in
section 1b (1)(f)(A) to (H) { + , chapter ___, Oregon Laws 2009
(Enrolled House Bill 2345) + } { - of this 2009 Act - } .
(b) The program may not disclose the licensee's successful
completion of the program to the licensee's board.
{ +
HB 2442 / HB 2009 CONFLICT RESOLUTIONS + }
SECTION 78. If both House Bill 2009 and House Bill 2442 become
law, section 1, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2442), is amended to read:
{ + Sec. 1. + } The Quality Care Fund is established in the
State Treasury, separate and distinct from the General Fund.
Interest earned by the Quality Care Fund shall be credited to the
Quality Care Fund. Moneys in the fund are continuously
appropriated to the Department of Human Services { + and the
Oregon Health Authority + } for training, technical assistance,
quality improvement initiatives and licensing activities to
ensure that high standards for quality of care are met in
accordance with rules adopted { - by the department - } with
respect to:
(1) A long term care facility as defined in ORS 442.015;
(2) A residential facility as defined in ORS 443.400, including
but not limited to an assisted living facility; and
(3) An adult foster home as defined in ORS 443.705.
SECTION 78a. If both House Bill 2009 and House Bill 2442 become
law, section 2, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2442), is amended to read:
{ + Sec. 2. + } Notwithstanding section 1 { + , chapter ___,
Oregon Laws 2009 (Enrolled House Bill 2442) + } { - of this
2009 Act - } , on June 30, 2011, the { - Department of Human
Services shall transfer - } { + amount of + } $150,000
{ + shall be transferred + } from the Quality Care Fund
Enrolled House Bill 2129 (HB 2129-A) Page 52
established in section 1 { + , chapter ___, Oregon Laws 2009
(Enrolled House Bill 2442), + } { - of this 2009 Act - } to
the General Fund for general governmental expenses.
SECTION 79. If both House Bill 2009 and House Bill 2442 become
law, section 4, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2442), is amended to read:
{ + Sec. 4. + } (1) The Department of Human Services shall
report to each regular session of the Legislative Assembly:
(a) On the safety of individuals receiving developmental
disability services including, but not limited to:
(A) The average turnover of direct care workers in service
settings.
(B) A summary of the training provided by the department or its
contractors to direct care workers in service settings.
(C) A summary of the core competencies required of direct care
workers in service settings by the state for licensing or
certification.
(D) A summary of the average wages of direct care workers in
service settings, presented by type of services provided.
(E) The number of complaints of abuse filed as required by ORS
430.765 and received by the department under ORS 430.743,
reported by type of allegation.
(F) The number of direct care workers in service settings who
were subject to criminal or civil action involving an individual
with a developmental disability.
(G) The number of deaths, serious injuries, sexual assaults and
rapes alleged to have occurred in service settings.
(b) A schedule of all license fees and civil penalties
established by { + the department by + } rule pursuant to ORS
441.995, 443.455 and 443.790.
(2) The department shall provide the report described in
subsection (1)(a) of this section to the appropriate legislative
committees, the Oregon Developmental Disabilities Council and to
the agency designated to administer the state protection and
advocacy system under ORS 192.517.
(3) As used in this section, 'service settings' means any of
the following that provide developmental disability services:
(a) An adult foster home as defined in ORS 443.705;
(b) A residential facility as defined in ORS 443.400;
(c) A location where home health services, as defined in ORS
443.005, are received by a resident;
(d) A location where in-home care services, as defined in ORS
443.305, are received by a resident;
(e) An institution under the control of the department under
ORS 179.321; and
(f) A domiciliary care facility as defined in ORS 443.205.
SECTION 80. If both House Bill 2009 and House Bill 2442 become
law, section 5, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2442), is amended to read:
{ + Sec. 5. + } (1) If the Department of Human Services { +
or the Oregon Health Authority + } substantiates an allegation of
abuse that occurred in a facility, the department { + or
authority + } shall immediately notify the facility of its
findings.
(2) Upon receipt of the notice described in subsection (1) of
this section, a facility shall provide written notice of the
findings to the individual found to have committed abuse,
residents of the facility, the residents' case managers and the
residents' guardians.
Enrolled House Bill 2129 (HB 2129-A) Page 53
(3) An application for employment at a facility must inquire
whether the applicant has been found to have committed abuse.
(4) As used in this section:
(a) 'Abuse' has the meaning given that term in ORS 124.050 and
430.735.
(b) 'Facility' means:
(A) A residential facility as defined in ORS 443.400; or
(B) An adult foster home as defined in ORS 443.705.
SECTION 81. If both House Bill 2009 and House Bill 2442 become
law, section 6, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2442), is amended to read:
{ + Sec. 6. + } (1) The Department of Human Services { + or
the Oregon Health Authority + } shall complete a criminal records
check under ORS 181.534 on an employee of a residential facility,
adult foster home, in-home care agency or home health agency, and
on any individual who is paid directly or indirectly with public
funds who has or will have contact with a recipient of home
health, in-home care or support services or a resident of an
adult foster home or a residential facility.
(2) Public funds may not be used to support, in whole or in
part, the employment in any capacity having contact with a
recipient of home health, in-home care or support services or a
resident of a residential facility or an adult foster home, of an
individual who has been convicted:
(a) Of a crime described in ORS 163.095, 163.115, 163.118,
163.125, 163.145, 163.149, 163.165, 163.175, 163.185, 163.187,
163.200, 163.205, 163.225, 163.235, 163.263, 163.264, 163.266,
163.275, 163.465, 163.467, 163.535, 163.537, 163.689, 163.700,
164.055, 164.057, 164.098, 164.125 (5)(c) or (d), 164.215,
164.225, 164.325, 164.377 (2) or (3), 164.405, 164.415, 165.022,
165.032, 165.800, 165.803, 167.012, 167.017, 167.054 or 167.057;
(b) Of a crime listed in ORS 181.594;
(c) In the last 10 years, of a crime involving the delivery or
manufacture of a controlled substance;
(d) Of an attempt, conspiracy or solicitation to commit a crime
described in paragraphs (a) to (c) of this subsection; or
(e) Of a crime in another jurisdiction that is substantially
equivalent, as defined by rule, to a crime described in
paragraphs (a) to (d) of this subsection.
(3) Subsection (2) of this section does not apply to a peer
support specialist.
(4) If the department { + or authority + } has a record of
substantiated abuse committed by an employee or potential
employee of a home health agency, in-home care agency, adult
foster home or residential facility, regardless of whether
criminal charges were filed, the department { + or authority + }
shall notify, in writing, the employer and the employee or
potential employee.
(5) As used in this section:
(a) 'Adult foster home' has the meaning given that term in ORS
443.705.
(b) 'Home health agency' has the meaning given that term in ORS
443.005.
(c) 'In-home care agency' has the meaning given that term in
ORS 443.305.
(d) 'Peer support specialist' means a person who:
(A) Is providing peer support services as defined by the
{ - department - } { + authority + } by rule;
(B) Is under the supervision of a qualified clinical
supervisor;
Enrolled House Bill 2129 (HB 2129-A) Page 54
(C) Has completed training required by the { - department - }
{ + authority + }; and
(D) Is currently receiving or has formerly received mental
health services, or is in recovery from a substance use disorder
and meets the abstinence requirements for staff providing
services in alcohol or other drug treatment programs.
(e) 'Residential facility' has the meaning given that term in
ORS 443.400.
SECTION 82. If both House Bill 2009 and House Bill 2442 become
law, section 7, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2442), is amended to read:
{ + Sec. 7. + } (1) The Department of Human Services or a
designee of the department shall conduct the investigations and
make the findings required by ORS 430.735 to 430.765.
(2) The department shall prescribe by rule policies and
procedures for the investigations of allegations of abuse of a
person with a developmental disability as described in ORS
430.735 (2)(a) to ensure that the investigations are conducted in
a uniform, objective and thorough manner in every county of the
state including, but not limited to, policies and procedures
that:
(a) Limit the duties of investigators solely to conducting and
reporting investigations of abuse;
(b) Establish investigator caseloads based upon the most
appropriate investigator-to-complaint ratios;
(c) Establish minimum qualifications for investigators that
include the successful completion of training in identified
competencies; and
(d) Establish procedures for the screening and investigation of
abuse complaints and establish uniform standards for reporting
the results of the investigation.
(3) A person employed by or under contract with the department,
the designee of the department or a community { - mental health
and - } developmental disabilities program to provide case
management services may not serve as the lead investigator of an
allegation of abuse of a person with a developmental disability.
(4) The department shall monitor investigations conducted by a
designee of the department.
SECTION 83. If both House Bill 2009 and House Bill 2442 become
law, section 8, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2442), is amended to read:
{ + Sec. 8. + } (1) The district attorney in each county
shall be responsible for developing county multidisciplinary
teams to consist of but not be limited to personnel from the
community mental health program, the { + community + }
developmental disabilities program, the Department of Human
Services or a designee of the department, { + the Oregon Health
Authority or a designee of the authority, + } the local area
agency on aging, the district attorney's office, law enforcement
and an agency that advocates on behalf of individuals with
disabilities, as well as others specially trained in the abuse of
adults.
(2) The teams shall develop a written protocol for immediate
investigation of and notification procedures for cases of abuse
of adults and for interviewing the victims. Each team also shall
develop written agreements signed by member agencies that are
represented on the team that specify:
(a) The role of each member agency;
(b) Procedures to be followed to assess risks to the adult;
Enrolled House Bill 2129 (HB 2129-A) Page 55
(c) Guidelines for timely communication between member
agencies; and
(d) Guidelines for completion of responsibilities by member
agencies.
(3) Each team member shall have access to training in risk
assessment, dynamics of abuse of adults and legally sound
interview and investigatory techniques.
(4) All investigations of abuse of adults by the department or
its designee { + or the authority or its designee + } and by law
enforcement shall be carried out in a manner consistent with the
protocols and procedures called for in this section.
(5) All information obtained by the team members in the
exercise of their duties is confidential.
(6) Each team shall develop and implement procedures for
evaluating and reporting compliance of member agencies with the
protocols and procedures required under this section.
(7) Each team shall annually report to the Department of
Justice and the Oregon Criminal Justice Commission the number of:
(a) Substantiated allegations of abuse of adults in the county
for the preceding 12 months.
(b) Substantiated allegations of abuse referred to law
enforcement because there was reasonable cause found that a crime
had been committed.
(c) Allegations of abuse that were not investigated by law
enforcement.
(d) Allegations of abuse that led to criminal charges.
(e) Allegations of abuse that led to prosecution.
(f) Allegations of abuse that led to conviction.
SECTION 84. { + If both House Bill 2009 and House Bill 2442
become law, section 20, chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2442) (amending ORS 441.020), is repealed and ORS
441.020, as amended by section 720, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2009), is amended to read: + }
441.020. (1) Licenses for health care facilities, except long
term facilities as defined in ORS 442.015, must be obtained from
the Oregon Health Authority.
(2) Licenses for long term care facilities must be obtained
from the Department of Human Services.
(3) Applications shall be upon such forms and shall contain
such information as the authority or the department may
reasonably require, which may include affirmative evidence of
ability to comply with such reasonable standards and rules as may
lawfully be prescribed under ORS 441.055.
(4) Each application shall be accompanied by the license fee.
If the license is denied, the fee shall be refunded to the
applicant. { + Except as provided in subsection (14) of this
section, + } if the license is issued, the fee shall be paid into
the State Treasury to the credit of:
(a) The Oregon Health Authority Fund for the purpose of
carrying out the functions of the Oregon Health Authority under
ORS 441.015 to 441.063; or
(b) The Department of Human Services Account for the purpose of
carrying out the functions of the Department of Human Services
under ORS 441.015 to 441.063 and 431.607 to 431.619.
(5) Except as otherwise provided in subsection { - (5) - }
{ + (6) + } of this section, for hospitals with:
(a) Fewer than 26 beds, the annual license fee shall be $750.
(b) Twenty-six beds or more but fewer than 50 beds, the annual
license fee shall be $1,000.
Enrolled House Bill 2129 (HB 2129-A) Page 56
(c) Fifty or more beds but fewer than 100 beds, the annual
license fee shall be $1,900.
(d) One hundred beds or more but fewer than 200 beds, the
annual license fee shall be $2,900.
(e) Two hundred or more beds, the annual license fee shall be
$3,400.
(6) For long term care facilities with:
{ - (a) Fewer than 16 beds, the annual license fee shall be
up to $120. - }
{ - (b) Sixteen beds or more but fewer than 50 beds, the
annual license fee shall be up to $175. - }
{ - (c) Fifty beds or more but fewer than 100 beds, the
annual license fee shall be up to $350. - }
{ - (d) One hundred beds or more but fewer than 200 beds, the
annual license fee shall be up to $450. - }
{ - (e) Two hundred beds or more, the annual license fee
shall be up to $580. - }
{ + (a) One to 15 beds, the annual license fee shall be $180.
(b) Sixteen to 49 beds, the annual license fee shall be $260.
(c) Fifty to 99 beds, the annual license fee shall be $520.
(d) One hundred to 150 beds, the annual license fee shall be
$670.
(e) More than 150 beds, the annual license fee shall be
$750. + }
(7) For special inpatient care facilities with:
(a) Fewer than 26 beds, the annual license fee shall be $750.
(b) Twenty-six beds or more but fewer than 50 beds, the annual
license fee shall be $1,000.
(c) Fifty beds or more but fewer than 100 beds, the annual
license fee shall be $1,900.
(d) One hundred beds or more but fewer than 200 beds, the
annual license fee shall be $2,900.
(e) Two hundred beds or more, the annual license fee shall be
$3,400.
(8) For ambulatory surgical centers, the annual license fee
shall be $1,000.
(9) For birthing centers, the annual license fee shall be $250.
(10) For outpatient renal dialysis facilities, the annual
license fee shall be $1,500.
(11) During the time the licenses remain in force { + , + }
holders
{ - thereof - } are not required to pay inspection fees to any
county, city or other municipality.
(12) Any health care facility license may be indorsed to permit
operation at more than one location. { - In such case - }
{ + If so, + } the applicable license fee shall be the sum of
the license fees
{ - which - } { + that + } would be applicable if each
location were separately licensed.
(13) Licenses for health maintenance organizations shall be
obtained from the Director of the Department of Consumer and
Business Services pursuant to ORS 731.072.
{ + (14) All moneys received pursuant to subsection (6) of
this section shall be deposited in the Quality Care Fund
established in section 1, chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2442). + }
SECTION 85. { + If both House Bill 2009 and House Bill 2442
become law, section 21, chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2442) (amending ORS 441.715), is repealed and ORS
Enrolled House Bill 2129 (HB 2129-A) Page 57
441.715, as amended by section 741, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2009), is amended to read: + }
441.715. (1)(a) After public hearing, the Director of Human
Services by rule shall adopt objective criteria for establishing
the civil penalty that may be imposed under ORS 441.710 (1) and
the Director of the Oregon Health Authority by rule shall adopt
objective criteria for establishing the civil penalty that may be
imposed under ORS 441.710 (2). However, the civil penalty may not
exceed $500 for each violation, except as otherwise provided in
{ - ORS 441.637 and 441.995 - } { + this subsection and ORS
441.995 or as otherwise required by federal law + }.
(b) Notwithstanding the limitations on the civil penalty in
paragraph (a) of this subsection, for any violation involving
direct resident care or feeding, an adequate staff to resident
ratio, sanitation involving direct resident care or a violation
of ORS 441.605 or rules required to be adopted under ORS 441.610,
a penalty may be imposed for each day the violation occurs in an
amount not to exceed $500 per day { + or as otherwise required
by federal law + }.
{ + (c) If the Department of Human Services investigates and
makes a finding of abuse arising from deliberate or other than
accidental action or inaction that is likely to cause a negative
outcome by a person with a duty of care toward a resident of a
long term care facility and if the abuse resulted in the death,
serious injury, rape or sexual abuse of a resident, the
department shall impose a civil penalty of not less than $2,500
for each occurrence of substantiated abuse, not to exceed $15,000
in any 90-day period. As used in this paragraph:
(A) 'Negative outcome' includes serious injury, rape, sexual
abuse or death.
(B) 'Rape' means rape in the first, second or third degree as
described in ORS 163.355, 163.365 and 163.375.
(C) 'Serious injury' means physical injury that creates a
substantial risk of death or that causes serious and protracted
disfigurement, protracted impairment of health or protracted loss
or impairment of the function of any bodily organ.
(D) 'Sexual abuse' means any form of nonconsensual sexual
contact, including but not limited to unwanted or inappropriate
touching, sodomy, sexual coercion, sexually explicit
photographing and sexual harassment. + }
(2) The penalties assessed under subsection (1) { + (a) or
(b) + } of this section may not exceed { - $6,000 - }
{ + $7,500 + } in the aggregate or as otherwise required by
federal law with respect to a single long term care facility
within any 90-day period.
SECTION 86. { + If both House Bill 2009 and House Bill 2442
become law, section 24, chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2442) (amending ORS 443.045), is repealed and ORS
443.045, as amended by section 772, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2009), is amended to read: + }
443.045. (1) The Oregon Health Authority may deny, suspend or
revoke the license of any home health agency for failure to
comply with ORS 443.005 to 443.095 { + or section 6, chapter
___, Oregon Laws 2009 (Enrolled House Bill 2442), + } or with the
rules of the authority as authorized by ORS 443.085.
(2) License denials, suspensions and revocations, adoption of
rules and judicial review thereof shall be in accordance with ORS
chapter 183.
SECTION 87. { + If both House Bill 2009 and House Bill 2442
become law, section 25, chapter ___, Oregon Laws 2009 (Enrolled
Enrolled House Bill 2129 (HB 2129-A) Page 58
House Bill 2442) (amending ORS 443.325), is repealed and ORS
443.325, as amended by section 776b, chapter ___, Oregon Laws
2009 (Enrolled House Bill 2009), is amended to read: + }
443.325. The Oregon Health Authority may impose a civil penalty
in the manner provided in ORS 183.745 and deny, suspend or revoke
the license of any in-home care agency licensed under ORS 443.315
for failure to comply with ORS 443.305 to 443.350 or with rules
adopted thereunder. { + The authority may deny, suspend or
revoke the license of any in-home care agency licensed under ORS
443.315 for failure to comply with section 6, chapter ___, Oregon
Laws 2009 (Enrolled House Bill 2442). + } A failure to comply
with ORS 443.305 to 443.350 includes, but is not limited to:
(1) Failure to provide a written disclosure statement to the
client or the client's representative prior to in-home care
services being rendered;
(2) Failure to provide the contracted in-home care services; or
(3) Failure to correct deficiencies identified during an
inspection by the authority.
SECTION 88. { + If both House Bill 2009 and House Bill 2442
become law, section 28, chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2442) (amending ORS 443.430), is repealed and ORS
443.430, as amended by section 784, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2009), is amended to read: + }
443.430. (1) { - No - } { + A + } license under ORS 443.415
is { + not + } transferable or applicable to any location,
residential facility or management other than that indicated on
the application for licensure.
{ + (2) Except as provided in subsection (3) of this
section: + }
{ - (2)(a) - } { + (a) + } All moneys collected under ORS
443.400 to 443.455 for the purpose of licensing a residential
care facility, residential training facility or residential
training home shall be deposited in a special account in the
General Fund and are continuously appropriated for payment of
expenses incurred by the Department of Human Services in
administering ORS 443.400 to 443.455.
(b) All moneys collected under ORS 443.400 to 443.455 for the
purpose of licensing a residential treatment facility or
residential treatment home shall be deposited in a special
account in the General Fund and are continuously appropriated for
payment of expenses incurred by the Oregon Health Authority in
administering ORS 443.400 to 443.455.
{ + (3) All moneys collected from a residential care facility
under ORS 443.415, 443.425 or 443.455 shall be deposited in the
Quality Care Fund established in section 1, chapter ___, Oregon
Laws 2009 (Enrolled House Bill 2442). + }
SECTION 89. { + If both House Bill 2009 and House Bill 2442
become law, section 29, chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2442) (amending ORS 443.455), is repealed and ORS
443.455, as amended by section 789, chapter ___, Oregon Laws 2009
(Enrolled House Bill 2009), is amended to read: + }
443.455. (1) For purposes of imposing civil penalties,
residential facilities approved under ORS 443.400 to 443.455 are
subject to ORS 441.705 to 441.745.
(2) The Director of Human Services shall by rule prescribe a
schedule of penalties for residential care facilities,
residential training facilities and residential training homes
that are not in compliance with ORS 443.400 to 443.455.
(3) The Director of the Oregon Health Authority shall by rule
prescribe a schedule of penalties for residential treatment
Enrolled House Bill 2129 (HB 2129-A) Page 59
facilities and residential treatment homes that are not in
compliance with ORS 443.400 to 443.455.
{ + (4) If the department or authority investigates and makes
a finding of abuse arising from deliberate or other than
accidental action or inaction that is likely to cause a negative
outcome by a person with a duty of care toward a resident of a
residential facility and if the abuse resulted in the death,
serious injury, rape or sexual abuse of a resident, the
department or authority shall impose a civil penalty of not less
than $2,500 for each occurrence of substantiated abuse, not to
exceed $15,000 in any 90-day period. As used in this subsection:
(a) 'Negative outcome' includes serious injury, rape, sexual
abuse or death.
(b) 'Rape' means rape in the first, second or third degree as
described in ORS 163.355, 163.365 and 163.375.
(c) 'Serious injury' means physical injury that creates a
substantial risk of death or that causes serious and protracted
disfigurement, protracted impairment of health or protracted loss
or impairment of the function of any bodily organ.
(d) 'Sexual abuse' means any form of nonconsensual sexual
contact, including but not limited to unwanted or inappropriate
touching, sodomy, sexual coercion, sexually explicit
photographing and sexual harassment. + }
SECTION 89a. { + If House Bill 2009, House Bill 2442 and
Senate Bill 163 all become law, section 31, chapter ___, Oregon
Laws 2009 (Enrolled House Bill 2442) (amending ORS 443.735), is
repealed and ORS 443.735, as amended by section 791f, chapter
___, Oregon Laws 2009 (Enrolled House Bill 2009), and section 20
of this 2009 Act, is amended to read: + }
443.735. (1) Applications for a license to maintain and operate
an adult foster home shall be made on forms provided by the
licensing agency. Each application shall be accompanied by a fee
of $20 per bed requested for licensing.
(2) Upon receipt of an application and fee, the licensing
agency shall conduct an investigation.
(3) The licensing agency shall not issue an initial license
unless:
(a) The applicant and adult foster home are in compliance with
ORS 443.705 to 443.825 and the rules of the licensing agency;
(b) The licensing agency has completed an inspection of the
adult foster home;
(c) The licensing agency has completed a criminal records check
under ORS 181.534 on the applicant and any person, other than a
resident, 16 years of age or older who will be residing in the
adult foster home. The criminal records check shall be conducted
in accordance with rules adopted under ORS 181.534;
(d) The licensing agency has determined that the registry
maintained under ORS 441.678 contains no finding that the
applicant or any nursing assistant employed by the applicant has
been responsible for abuse; and
(e) The applicant has demonstrated to the licensing agency the
financial ability and resources necessary to operate the adult
foster home. The licensing agency shall adopt rules as the agency
deems appropriate that establish the financial standards an
applicant must meet to qualify for issuance of a license and that
protect financial information from public disclosure. The
demonstration of financial ability under this paragraph shall
include, but need not be limited to, providing the licensing
agency with a list of any unsatisfied judgments, pending
litigation and unpaid taxes and notifying the agency regarding
Enrolled House Bill 2129 (HB 2129-A) Page 60
whether the applicant is in bankruptcy. If the applicant is
unable to demonstrate the financial ability and resources
required by this paragraph, the licensing agency may require the
applicant to furnish a financial guarantee as a condition of
initial licensure.
(4) The licensing agency may not renew a license under this
section unless:
(a) The applicant and the adult foster home are in compliance
with ORS 443.705 to 443.825 and the rules of the licensing
agency;
(b) The licensing agency has completed an inspection of the
adult foster home;
(c) The licensing agency has completed a criminal records check
under ORS 181.534 on the applicant and any person, other than a
resident, 16 years of age or older who will be residing in the
adult foster home. The criminal records check under this
paragraph shall be conducted in accordance with rules adopted
under ORS 181.534; and
(d) The licensing agency has determined that the registry
maintained under ORS 441.678 contains no finding that the
applicant or any nursing assistant employed by the applicant has
been responsible for abuse.
(5)(a) In seeking an initial license and renewal of a license
when an adult foster home has been licensed for less than 24
months, the burden of proof shall be upon the provider and the
adult foster home to establish compliance with ORS 443.705 to
443.825 and the rules of the licensing agency.
(b) In proceedings for renewal of a license when an adult
foster home has been licensed for at least 24 continuous months,
the burden of proof shall be upon the licensing agency to
establish noncompliance with ORS 443.705 to 443.825 and the rules
of the agency.
(6)(a) Persons who have been convicted of one or more crimes
that, as determined by rules of the licensing agency, are
substantially related to the qualifications, functions or duties
of a provider, substitute caregiver or other household member of
an adult foster home shall be prohibited from operating, working
in or residing in an adult foster home.
(b) The licensing agency shall adopt rules that distinguish the
criminal convictions and types of abuse that permanently prohibit
a person from operating, working in or living in an adult foster
home from the convictions and types of abuse that do not
permanently prohibit the person from operating, working in or
living in an adult foster home.
(c) A provider may not hire, retain in employment or allow to
live in an adult foster home, other than as a resident, any
person who the provider knows has been convicted of a
disqualifying crime or has been found responsible for a
disqualifying type of abuse.
(7) A license under ORS 443.725 is effective for one year from
the date of issue unless sooner revoked. Each license shall state
the name of the resident manager of the adult foster home, the
names of all providers who own the adult foster home, the address
of the premises to which the license applies, the maximum number
of residents and the classification of the adult foster home. If,
during the period covered by the license, a resident manager
changes, the provider must within 15 days request modification of
the license. The request must be accompanied by a fee of $10.
(8) No license under ORS 443.725 is transferable or applicable
to any location, persons operating the adult foster home or the
Enrolled House Bill 2129 (HB 2129-A) Page 61
person owning the adult foster home other than that indicated on
the application for licensing.
(9) The licensing agency shall not issue a license to operate
an additional adult foster home to a provider unless the provider
has demonstrated the qualifications and capacity to operate the
provider's existing licensed adult foster homes and has
demonstrated the ability to provide to the residents of those
adult foster homes care that is adequate and substantially free
from abuse and neglect.
(10) { + (a) + } All moneys collected under ORS 443.725 to
443.780 { + from adult foster homes that are licensed to serve
persons with mental, emotional or behavioral disturbances or
alcohol or drug dependence + } shall be deposited in a special
account in the General Fund, and are appropriated continuously
for payment of expenses incurred by the { - licensing
agency - } { + Oregon Health Authority + }.
{ + (b) All moneys collected under ORS 443.725 to 443.780
from adult foster homes licensed to serve persons who are
elderly, have physical disabilities or have developmental
disabilities shall be deposited in the Quality Care Fund
established in section 1, chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2442). + }
(11) Notwithstanding any other provision of this section or ORS
443.725 or 443.738, the licensing agency may issue a 60-day
provisional license to a qualified person if the agency
determines that an emergency situation exists after being
notified that the licensed provider of an adult foster home is no
longer overseeing operation of the adult foster home.
SECTION 90. { + If both House Bill 2009 and House Bill 2442
become law, section 33, chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2442) (amending ORS 443.775), is repealed and ORS
443.775, as amended by section 791o, chapter ___, Oregon Laws
2009 (Enrolled House Bill 2009), is amended to read: + }
443.775. (1) The licensing agency shall adopt rules governing
adult foster homes and the level of care provided in such homes,
including the provision of care to more than one person with
nursing care needs under specified conditions and agency
approval, such as are necessary to protect the health, safety or
welfare of the residents and to provide for an appropriate
continuum of care, but shall not be inconsistent with the
residential nature of the living accommodations and the family
atmosphere of the home. The rules shall be consistent with rules
adopted by the Oregon State Board of Nursing under ORS 678.150
(9).
(a) An exception to the limit of one resident with nursing care
needs may be granted if the provider proves to the licensing
agency by clear and convincing evidence that such an exception
will not jeopardize the care, health, safety or welfare of the
residents and that the provider is capable of meeting the
additional care needs of the new resident.
(b) The licensing agency, and the counties acting under the
exemption granted pursuant to ORS 443.780, shall report on a
quarterly basis to the Legislative Assembly on the number of
exceptions granted during the quarter pursuant to paragraph (a)
of this subsection.
(2) The provider may not employ a resident manager who does not
meet the classification standard for the adult foster home.
(3) The provider shall be able to meet the night care needs of
a resident before admitting the resident. The provider shall
include night care needs in the resident's care plan.
Enrolled House Bill 2129 (HB 2129-A) Page 62
(4) The provider shall screen a prospective resident before
admitting the resident. The screening shall include but is not
limited to diagnosis, medications, personal care needs, nursing
care needs, night care needs, nutritional needs, activities and
lifestyle preferences. A copy of the screening shall be given to
the prospective resident or the prospective resident's
representative.
(5) The licensing agency shall make rules to { - assure - }
{ + ensure + } that any employee who makes a complaint pursuant
to ORS 443.755 shall be protected from retaliation.
(6) For adult foster homes in which clients reside for whom the
licensing agency pays for care, including homes in which the
provider and the resident are related, the agency may require
substantial compliance with its rules relating to standards for
care of the client as a condition for paying for care.
(7) By order the director of the licensing agency may delegate
authority under this section to personnel other than of the
licensing agency.
(8) The licensing agency may commence a suit in equity to
enjoin maintenance of an adult foster home if:
(a) The home is operated without a valid license under this
section; or
(b) After the license to maintain the home is ordered suspended
or revoked, a reasonable time for placement of residents in other
facilities has been allowed but such placement has not been
accomplished.
(9) The licensing agency shall establish by rule the maximum
capacity of adult foster homes, including all nonrelated and
related persons receiving residential care and day care.
(10) { + Except as provided in subsection (11) of this
section, + } any person who violates a provision of ORS 443.705
to 443.825 or the rules adopted thereunder may be subjected to
the imposition of a civil penalty, to be fixed by the
{ - director - } { + licensing agency + } by rule, not to
exceed $100 per violation, to a maximum of $250 or, per
occurrence of substantiated abuse, a maximum of $1,000.
{ + (11)(a) If the licensing agency determines that there is
reasonable cause to believe that abuse occurred in an adult
foster home licensed by the licensing agency and if the abuse
resulted in the death, serious injury, rape, sexual abuse or
sexual exploitation of a resident, the licensing agency shall
impose a civil penalty on the adult foster home of not less than
$2,500 for each violation.
(b) This subsection does not apply to adult foster homes
licensed by the licensing agency to serve only persons with
mental illness or with alcohol or drug addiction.
(c) The licensing agency shall by rule define 'serious injury,'
'rape,' 'sexual abuse' and 'sexual exploitation ' for purposes of
this subsection.
(12) All penalties recovered pursuant to this section shall be
deposited in the Quality Care Fund established in section 1,
chapter ___, Oregon Laws 2009 (Enrolled House Bill 2442). + }
SECTION 91. If both House Bill 2009 and House Bill 2442 become
law, section 36, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2442), is amended to read:
{ + Sec. 36. + } The Director of Human Services { + and the
Director of the Oregon Health Authority + } may take any action
before the operative dates specified in sections 37 to 40 { + ,
chapter ___, Oregon Laws 2009 (Enrolled House Bill 2442), + }
{ - of this 2009 Act - } that is necessary to enable the
Enrolled House Bill 2129 (HB 2129-A) Page 63
Department of Human Services { + and the Oregon Health
Authority + } to carry out, on and after the operative dates
specified in sections 37 to 40 { + , chapter ___, Oregon Laws
2009 (Enrolled House Bill 2442) + } { - of this 2009 Act - } ,
the provisions of { - this 2009 Act - } { + chapter ___,
Oregon Laws 2009 (Enrolled House Bill 2442) + }.
SECTION 92. If both House Bill 2009 and House Bill 2442 become
law, section 37, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2442), is amended to read:
{ + Sec. 37. + } Except as provided in section 36 { + ,
chapter ___, Oregon Laws 2009 (Enrolled House Bill 2442) + }
{ - of this 2009 Act - } , sections 1, 4, 5, 7 and 8 { + ,
chapter ___, Oregon Laws 2009 (Enrolled House Bill 2442), + }
{ - of this 2009 Act - } and the amendments to ORS 124.050,
124.065, 124.070, 430.735, 430.743, 430.745, 441.020, 441.715,
441.745, 441.995, 443.415, 443.425, 443.430, 443.455, 443.735,
443.775, 443.790 and 443.825 by sections 9, 10, 12, 15, 16, 17,
{ - 20, 21, - } 22, 23, 26, 27, { - 28, 29, 31, 33, - } 34
and 35 { + , chapter ___, Oregon Laws 2009 (Enrolled House Bill
2442), and sections 84, 85 and 88 to 90 of this 2009 Act + }
{ - of this 2009 Act - } become operative on January 1, 2010.
SECTION 93. If both House Bill 2009 and House Bill 2442 become
law, section 40, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2442), is amended to read:
{ + Sec. 40. + } Except as provided in section 36 { + ,
chapter ___, Oregon Laws 2009 (Enrolled House Bill 2442) + }
{ - of this 2009 Act - } , sections 14 and 19 { + , chapter ___,
Oregon Laws 2009 (Enrolled House Bill 2442), + } { - of this
2009 Act - } and the amendments to ORS 443.045, 443.325 and
443.730 by { - sections 24, 25 and 30 of this 2009 Act - }
{ + section 30, chapter ___, Oregon Laws 2009 (Enrolled House
Bill 2442), and sections 86 and 87 of this 2009 Act + } become
operative on September 1, 2009.
{ +
UNIT CAPTIONS + }
SECTION 94. { + The unit captions used in this 2009 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2009 Act. + }
{ +
EMERGENCY CLAUSE + }
SECTION 95. { + This 2009 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2009 Act takes effect on
its passage. + }
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Enrolled House Bill 2129 (HB 2129-A) Page 64
Passed by House June 26, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 29, 2009
...........................................................
President of Senate
Enrolled House Bill 2129 (HB 2129-A) Page 65
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2129 (HB 2129-A) Page 66