75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
Senate Bill 275
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary)
CHAPTER ................
AN ACT
Relating to medical assistance for inmates with serious mental
illnesses who are released from public institutions; amending
ORS 414.424; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 414.424 is amended to read:
414.424. (1) As used in this section:
(a) 'Person with a serious mental illness' means a person who
is diagnosed by a psychiatrist, a licensed clinical psychologist
or a certified nonmedical examiner as having dementia,
schizophrenia, bipolar disorder, major depression or other
affective disorder or psychotic mental disorder other than a
disorder caused primarily by substance abuse.
(b) 'Public institution' means:
(A) A state hospital as defined in ORS 162.135;
(B) A local correctional facility as defined in ORS 169.005;
(C) A Department of Corrections institution as defined in ORS
421.005; or
(D) A youth correction facility as defined in ORS 162.135.
(2) Except as provided in { - subsection - } { +
subsections + } (6) { + and (7) + } of this section, the
Department of Human Services shall suspend the medical assistance
of a person with a serious mental illness when:
(a) The person receives medical assistance because of a serious
mental illness; and
(b) The person becomes an inmate residing in a public
institution.
(3) The department shall continue to determine the eligibility
of the person as categorically needy as defined in ORS 414.025.
(4) Upon notification that a person described in subsection (2)
of this section is no longer an inmate residing in a public
institution, the department shall reinstate the person's medical
assistance if the person is otherwise eligible for medical
assistance.
(5) This section does not extend eligibility to an otherwise
ineligible person or extend medical assistance to a person if
matching federal funds are not available to pay for medical
assistance.
Enrolled Senate Bill 275 (SB 275-A) Page 1
(6) Subsection (2) of this section does not apply to a person
with a serious mental illness residing in a state hospital as
defined in ORS 162.135 who is under 22 years of age or who is 65
years of age or older.
{ + (7) A person with a serious mental illness may apply for
medical assistance between 90 and 120 days prior to the expected
date of the person's release from a public institution. If the
person is found to be eligible, the effective date of the
person's medical assistance shall be the date of the person's
release from the institution. + }
SECTION 2. { + 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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Passed by Senate April 7, 2009
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 2, 2009
...........................................................
Speaker of House
Enrolled Senate Bill 275 (SB 275-A) Page 2
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled Senate Bill 275 (SB 275-A) Page 3