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 236
Senate Bill 315
Sponsored by Senator MORRISETTE (at the request of Randy Miller)
(Presession filed.)
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 as
introduced.
Establishes Oregon Health Care Financing Authority as public
corporation. Directs authority to work collaboratively with
Oregon Health Fund Board to ensure access for Oregonians to
health care by leveraging available health care moneys and
issuing revenue bonds.
Authorizes issuance of revenue bonds by authority in
anticipation of receipt of moneys to provide health care in
amount not to exceed $___.
Establishes Oregon Health Care Financing Authority Board to
direct activities of authority.
Directs authority to report annually to Legislative Assembly
and Governor.
A BILL FOR AN ACT
Relating to health care financing.
Be It Enacted by the People of the State of Oregon:
{ +
ESTABLISHING OREGON HEALTH CARE + }
{ +
FINANCING AUTHORITY + }
SECTION 1. { + (1) The Oregon Health Care Financing Authority
is established as a public corporation and shall exercise and
carry out the powers, rights and privileges that are:
(a) Expressly conferred upon the authority;
(b) Implied by law; or
(c) Incident to the powers, rights and privileges expressly
conferred or implied by law.
(2) The authority is:
(a) A governmental entity performing governmental functions and
exercising governmental powers.
(b) An independent public corporation with statewide purposes
and missions and without territorial boundaries.
(c) Not a unit of local or municipal government or a state
agency for purposes of state statutes or constitutional
provisions.
(3) Working collaboratively with the Oregon Health Fund Board
established in section 5, chapter 697, Oregon Laws 2007, the
authority shall ensure that Oregonians have access to a high
quality and transparent health care delivery system that provides
for coverage, at a minimum, of the defined set of essential
health services, as defined in section 2, chapter 697, Oregon
Laws 2007, by:
(a) Facilitating, coordinating and leveraging the use of moneys
from a wide variety of sources, including the moneys in the
Oregon Health Fund established in section 8, chapter 697, Oregon
Laws 2007, to pay the costs of health care.
(b) Financing through public borrowing, in anticipation of
receiving the moneys described in this subsection, a portion of
the costs of implementing services under the Oregon Health Fund
program comprehensive plan, including a portion of the costs of
covering the defined set of essential health services for
residents of Oregon who are not beneficiaries of a health benefit
plan and who are not eligible to be enrolled in a publicly funded
medical assistance program providing primary care and hospital
services.
(4) To perform the duties assigned to the authority, the
authority may issue revenue bonds in anticipation of receiving
the moneys described in subsection (3) of this section in an
outstanding principal amount that does not exceed $___ at any
time. The authority, or the entity that possesses or controls
moneys described in subsection (3) of this section, may pledge
the moneys to secure payment of revenue bonds issued under this
subsection. Revenue bonds may only be issued in anticipation of
funds that are, or are expected to be, in the possession or
control of:
(a) The authority;
(b) The Oregon Health Fund Board, if the fund board pledges the
funds to secure payment of the revenue bonds; or
(c) Another entity providing health care funding if the entity
pledges the funds to secure payment of the revenue bonds.
(5) As used in this section, 'public corporation' means an
entity that is created by the state to carry out public missions
and services and is granted increased operating flexibility in
order to best ensure its success, while retaining principles of
public accountability and fundamental public policy. + }
{ +
OREGON HEALTH CARE FINANCING AUTHORITY + }
{ +
BOARD; APPOINTMENT; TERM; CONFIRMATION; PER DIEM + }
SECTION 2. { + (1) There is established the Oregon Health Care
Financing Authority Board, consisting of seven members appointed
by the Governor.
(2) The term of office of each member is four years. Before the
expiration of the term of a member, the Governor shall appoint a
successor whose term begins on July 1 next following. A member is
eligible for reappointment. If there is a vacancy for any reason,
the Governor shall make an appointment to become immediately
effective for the unexpired term.
(3) The appointment of the members of the board is subject to
confirmation by the Senate in the manner prescribed in ORS
171.562 and 171.565.
(4) The Governor may remove a member of the board at any time
for cause, after notice and public hearing. + }
SECTION 3. { + Notwithstanding the term of office specified by
section 2 of this 2009 Act, of the members first appointed to the
Oregon Health Care Financing Authority Board:
(1) One member shall serve for a term ending June 30, 2011.
(2) Two members shall serve for a term ending June 30, 2012.
(3) Two members shall serve for a term ending June 30, 2013.
(4) Two members shall serve for a term ending June 30,
2014. + }
{ +
QUALIFICATION OF MEMBERS + }
SECTION 4. { + The members of the Oregon Health Care Financing
Authority Board must be residents of this state who are well
informed on the principles of health care service delivery,
health care funding or public borrowing. + }
{ +
OFFICERS OF THE OREGON HEALTH CARE FINANCING + }
{ +
AUTHORITY BOARD; QUORUM; MEETINGS + }
SECTION 5. { + (1) The Oregon Health Care Financing Authority
Board shall select one of its members as chairperson and another
as vice chairperson, for terms and with duties and powers
necessary for the performance of the functions of the offices as
the board determines.
(2) A majority of the members of the board constitutes a quorum
for the transaction of business. The affirmative vote of a
majority of the members is required for board action.
(3) The board shall meet at least once every three months at a
place, day and hour determined by the board. The board may also
meet at other times and places specified by the call of the
chairperson or of a majority of the members of the board. + }
{ +
EMPLOYEES + }
SECTION 6. { + (1) The Oregon Health Care Financing Authority
Board shall appoint a director to serve at the pleasure of the
board. The director must be well-informed on the principles of:
(a) Health care service delivery;
(b) Health care funding;
(c) Public borrowing; and
(d) Public administration.
(2) Subject to the supervision of the Oregon Health Care
Financing Authority Board, the director shall direct the
activities of the Oregon Health Care Financing Authority. + }
{ +
POWERS + }
SECTION 7. { + The Oregon Health Care Financing Authority
Board or the Director of the Oregon Health Care Financing
Authority, acting under supervision of the board, or employees of
the Oregon Health Care Financing Authority, acting under
supervision of the director, shall perform the duties assigned in
section 1 of this 2009 Act and may, in the performance of the
duties:
(1) Determine or approve policies for the organization,
administration or development of the authority.
(2) Appoint and employ personnel that are necessary or
appropriate to carry out the duties of the authority, and
prescribe their compensation and terms of office or employment.
(3) Enter into necessary or appropriate contracts and
agreements.
(4) Enter into partnerships, joint ventures or other business
arrangements with public or private entities, including
governmental, nonprofit or for-profit entities.
(5) Create and participate fully in the operation of business
structures, including but not limited to the development of
business structures for health care delivery systems and networks
with public or private entities, including governmental,
nonprofit or for-profit entities.
(6) Acquire, purchase, receive, hold, control, convey, sell,
manage, operate, lease, license, lend, invest, improve, develop,
use, dispose of and hold title to real and personal property of
any nature, including intellectual property, in its own name.
(7) Sue in its own name and be sued, plead and be impleaded in
actions, suits or proceedings in any forum brought by or against
it by private entities or state, local, federal or other public
entities, agencies or persons.
(8) Encourage gifts and donations for the benefit of the
authority and, subject to the terms of the gift, retain, invest
and use the gifts as deemed appropriate by the board or the
director.
(9) Acquire, receive, hold, keep, pledge, control, convey,
manage, use, lend, expend and invest all moneys, appropriations,
gifts, bequests, stock and income from any source.
(10) Erect, construct, improve, develop, repair, maintain,
equip, furnish, lease, lend, convey, sell, manage, operate, use,
dispose of and hold title to buildings, structures and lands for
the authority.
(11) Purchase insurance, operate a self-insurance program or
otherwise arrange for the equivalent of insurance coverage of any
nature for the indemnity and defense of its officers, agents and
employees or other persons designated by the authority to carry
out or further the duties of the authority.
(12) Contract with any state agency for the performance of
duties, functions and powers that are appropriate. A state agency
may not charge the authority an amount that is greater than the
actual cost of the services.
(13) Perform any other acts that in the judgment of the board
or the director are requisite, necessary or appropriate in
accomplishing the duties assigned in section 1 of this 2009
Act. + }
{ +
REPORTS + }
SECTION 8. { + The Oregon Health Care Financing Authority
shall file with the Legislative Assembly and the Governor, not
later than April 15 of each year, a report of the authority's
activities and operations for the preceding calendar year. + }
{ +
SECTION CAPTIONS + }
SECTION 9. { + The section 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 a legislative
intent in the enactment of sections 1 to 8 of this 2009 Act. + }
----------