75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2981
(To Resolve Conflicts)
B-Engrossed
House Bill 3059
Ordered by the Senate June 29
Including House Amendments dated June 16 and Senate Amendments
dated June 29 to resolve conflicts
Sponsored by Representative COWAN
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Requires Emergency Medical Services and Trauma Systems Program
within Department of Human Services to maintain Oregon Trauma
Registry. Requires department to adopt rules regarding registry.
Authorizes registry to release individually identifiable
information under specified circumstances.
Provides immunity from civil and criminal liability for person
who in good faith provides data or other information to registry
in accordance with specified statutory provisions.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to traumatic injury data; creating new provisions;
amending ORS 431.617, 431.623 and 431.633; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 431.623 is amended to read:
431.623. (1) The Emergency Medical Services and Trauma Systems
Program is created within the Department of Human Services for
the purpose of administering and regulating ambulances, training
and certifying emergency medical technicians, establishing and
maintaining emergency medical systems including trauma systems
and { - obtaining appropriate data from - } { +
maintaining + } the Oregon { - Injury - } { + Trauma + }
Registry { + , + } as necessary for trauma reimbursement, system
quality assurance and { - assuring - } { + ensuring + } cost
efficiency.
(2) For purposes of ORS 431.607 to 431.619 and ORS chapter 682,
the duties vested in the department shall be performed by the
Emergency Medical Services and Trauma Systems Program.
(3) The program shall be administered by a director.
(4) With moneys transferred to the program by ORS 442.625, the
{ + director of the + } program shall apply those moneys to:
(a) Developing state and regional standards of care;
(b) Developing a statewide educational curriculum to teach
standards of care;
(c) Implementing quality improvement programs;
(d) Creating a statewide data system for prehospital care; and
(e) Providing ancillary services to enhance Oregon's emergency
medical service system.
{ + (5) The director of the program shall adopt rules for the
Oregon Trauma Registry, establishing:
(a) The information that must be reported by trauma centers;
(b) The form and frequency of reporting; and
(c) Procedures and standards for the administration of the
registry. + }
SECTION 2. ORS 431.633 is amended to read:
431.633. (1) Designated trauma centers and providers, physical
rehabilitation centers, alcohol and drug rehabilitation centers
and ambulances shall develop a monthly log of all unsponsored,
inadequately insured trauma system patients determined by the
hospital to have an injury severity score greater than or equal
to 13, and submit monthly to the Emergency Medical Services and
Trauma Systems Program the true costs and unpaid balance for the
care of these patients.
(2) No reimbursement for these patients shall occur until:
(a) All information required by the Emergency Medical Services
and Trauma Systems Program rules is submitted to the Oregon
{ - Injury - } { + Trauma + } Registry; and
(b) The Emergency Medical Services and Trauma Systems Program
confirms that the injury severity score, as defined by the
Department of Human Services by rule, is greater than or equal to
13.
(3) The Emergency Medical Services and Trauma Systems Program
shall cause providers to be reimbursed in the following
decreasing order of priority:
(a) Designated trauma centers and providers;
(b) Physical rehabilitation centers;
(c) Alcohol and drug rehabilitation centers; and
(d) Ambulances.
(4) Subject to the availability of funds, the Emergency Medical
Services and Trauma Systems Program shall cause the designated
trauma centers and providers to be paid first in full.
Subsequent providers shall be paid from the balance remaining
according to priority.
(5) Any matching funds, available pursuant to the
{ - federal - } Trauma Care Systems { + Planning + } and
Development Act of 1990 { - (H.R. 1602) - } { + (P.L.
101-590) + }, that are available for purposes of the Emergency
Medical Services and Trauma Systems Program may be used for
related studies and projects and reimbursement for uncompensated
care.
SECTION 3. { + Section 4 of this 2009 Act is added to and made
a part of ORS 431.623 to 431.671. + }
SECTION 4. { + (1) As used in this section, 'individually
identifiable information' means:
(a) Individually identifiable health information as that term
is defined in ORS 179.505; and
(b) Information that could be used to identify a health care
provider, ambulance service medical transportation agency or
health care facility.
(2) Notwithstanding ORS 431.627, individually identifiable
information may be released from the Oregon Trauma Registry:
(a) For use in executive session to conduct specific case
reviews by:
(A) The State Trauma Advisory Board or any area trauma advisory
board;
(B) The State Emergency Medical Service Committee; or
(C) The Emergency Medical Services for Children Advisory
Committee.
(b) For quality assurance or quality improvement purposes to an
emergency medical services provider or a designated trauma center
if the information is related to the treatment of an individual
by the provider or center.
(c) To a person conducting research only if an institutional
review board has approved the research in accordance with 45
C.F.R. part 46 and the person agrees to maintain the
confidentiality of the information.
(3) The Department of Human Services may release only the
minimum amount of individually identifiable information necessary
to carry out the purposes for which it is released under this
section. + }
SECTION 4a. If House Bill 2009 becomes law, section 4 of this
2009 Act is amended to read:
{ + Sec. 4. + } (1) As used in this section, 'individually
identifiable information' means:
(a) Individually identifiable health information as that term
is defined in ORS 179.505; and
(b) Information that could be used to identify a health care
provider, ambulance service medical transportation agency or
health care facility.
(2) Notwithstanding ORS 431.627, individually identifiable
information may be released from the Oregon Trauma Registry:
(a) For use in executive session to conduct specific case
reviews by:
(A) The State Trauma Advisory Board or any area trauma advisory
board;
(B) The State Emergency Medical Service Committee; or
(C) The Emergency Medical Services for Children Advisory
Committee.
(b) For quality assurance or quality improvement purposes to an
emergency medical services provider or a designated trauma center
if the information is related to the treatment of an individual
by the provider or center.
(c) To a person conducting research only if an institutional
review board has approved the research in accordance with 45
C.F.R. part 46 and the person agrees to maintain the
confidentiality of the information.
(3) The { - Department of Human Services - } { + Oregon
Health Authority + } may release only the minimum amount of
individually identifiable information necessary to carry out the
purposes for which it is released under this section.
SECTION 5. ORS 431.617 is amended to read:
431.617. { - No provider shall - } { + (1) A provider may
not + } be held liable for acting in accordance with approved
trauma system plans.
{ + (2) A person who in good faith provides data or other
information to the Oregon Trauma Registry in accordance with ORS
431.623 to 431.671 is immune from any civil or criminal liability
that might otherwise be incurred or imposed with respect to
provision of the data. + }
SECTION 6. { + 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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