Bill Text: OR HB2094 | 2013 | Regular Session | Enrolled
Bill Title: Relating to public health; and declaring an emergency.
Sponsorship: Unknown
Status: (Passed) 2013-05-09 - Chapter 61, (2013 Laws): Effective date May 9, 2013. [HB2094 Detail]
Download: Oregon-2013-HB2094-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2094
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of Governor John A. Kitzhaber, M.D., for
Oregon Health Authority)
CHAPTER ................
AN ACT
Relating to public health; amending ORS 431.045, 431.110,
431.120, 442.445, 443.065, 443.075 and 443.305 and sections 3,
4 and 6, chapter 838, Oregon Laws 2007; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 431.045 is amended to read:
431.045. { + (1) + } The Director of the Oregon Health
Authority shall appoint a physician licensed by the Oregon
Medical Board and certified by the American Board of Preventive
Medicine who shall serve as the Public Health Officer and be
responsible for the medical and paramedical aspects of the health
programs within the Oregon Health Authority.
{ + (2) The Public Health Officer is responsible for the
duties imposed by 42 U.S.C. 300ff-133(g) and 300ff-136. The
officer may adopt rules to carry out the officer's
responsibilities under this subsection. + }
SECTION 2. ORS 431.110 is amended to read:
431.110. Subject to ORS 417.300 and 417.305, the Oregon Health
Authority shall:
(1) Have direct supervision of all matters relating to the
preservation of life and health of the people of the state.
(2) Keep the vital statistics and other health related
statistics of the state.
(3) Make sanitary surveys and investigations and inquiries
respecting the causes and prevention of diseases, especially of
epidemics.
(4) Investigate, conduct hearings and issue findings in
connection with annexations proposed by cities as provided in ORS
222.840 to 222.915.
(5) Have full power in the control of all communicable
diseases.
(6) Have authority to send a representative of the authority to
any part of the state when deemed necessary.
(7) From time to time, publish and distribute to the public in
such form as the authority determines, such information as in its
judgment may be useful in carrying on the work or purposes for
which the authority was established.
{ - (8) Carry out the duties imposed on the authority under
ORS chapter 690. - }
SECTION 2a. ORS 431.120 is amended to read:
Enrolled House Bill 2094 (HB 2094-A) Page 1
431.120. The Oregon Health Authority shall:
(1) Enforce state health policies and rules.
{ - (2) Have the custody of all books, papers, documents and
other property belonging to the State Health Commission, which
may be deposited in the authority's office. - }
{ - (3) - } { + (2) + } Give any instructions that may be
necessary, and forward them to the various local public health
administrators throughout the state.
{ - (4) - } { + (3) + } Routinely conduct epidemiological
investigations for each case of sudden infant death syndrome
including, but not limited to, the identification of risk factors
such as birth weight, maternal age, prenatal care, history of
apnea and socioeconomic characteristics. The authority may
conduct the investigations through local health departments only
upon adoption by rule of a uniform epidemiological data
collection method.
{ - (5) - } { + (4) + } Adopt rules related to loans and
grants awarded under ORS 285B.560 to 285B.599 or 541.700 to
541.855 for the improvement of drinking water systems for the
purpose of maintaining compliance with applicable state and
federal drinking water quality standards. In adopting rules under
this subsection, the authority shall coordinate the authority's
rulemaking process with the Water Resources Department and the
Oregon Business Development Department in order to ensure that
rules adopted under this subsection are consistent with rules
adopted under ORS 285B.563 and 541.845.
{ - (6) - } { + (5) + } Control health care capital
expenditures by administering the state certificate of need
program pursuant to ORS 442.325 to 442.344.
SECTION 2b. ORS 442.445 is amended to read:
442.445. (1) Any health care facility that fails to perform as
required in ORS 442.205 and 442.400 to 442.463 or section 3,
chapter 838, Oregon Laws 2007, and rules of the { - Office for
Oregon Health Policy and Research - } { + Oregon Health
Authority + } may be subject to a civil penalty.
(2) The { - Administrator of the Office for Oregon Health
Policy and Research - } { + Oregon Health Authority + } shall
adopt a schedule of penalties not to exceed $500 per day of
violation, determined by the severity of the violation.
(3) Civil penalties under this section shall be imposed as
provided in ORS 183.745.
(4) Civil penalties imposed under this section may be remitted
or mitigated upon such terms and conditions as the
{ - administrator - } { + authority + } considers proper and
consistent with the public health and safety.
(5) Civil penalties incurred under any law of this state are
not allowable as costs for the purpose of rate determination or
for reimbursement by a third-party payer.
SECTION 2c. ORS 442.445, as amended by section 8, chapter 838,
Oregon Laws 2007, is amended to read:
442.445. (1) Any health care facility that fails to perform as
required in ORS 442.205 and 442.400 to 442.463 and rules of the
{ - Office for Oregon Health Policy and Research - } { +
Oregon Health Authority + } may be subject to a civil penalty.
(2) The { - Administrator of the Office for Oregon Health
Policy and Research - } { + Oregon Health Authority + } shall
adopt a schedule of penalties not to exceed $500 per day of
violation, determined by the severity of the violation.
(3) Civil penalties under this section shall be imposed as
provided in ORS 183.745.
Enrolled House Bill 2094 (HB 2094-A) Page 2
(4) Civil penalties imposed under this section may be remitted
or mitigated upon such terms and conditions as the
{ - administrator - } { + authority + } considers proper and
consistent with the public health and safety.
(5) Civil penalties incurred under any law of this state are
not allowable as costs for the purpose of rate determination or
for reimbursement by a third-party payer.
SECTION 3. ORS 443.065 is amended to read:
443.065. The home health agency shall:
(1) Be primarily engaged in providing skilled nursing services
and at least one other service delineated in ORS 443.075
{ - (2) and (3) - } { + (1)(b) and (c) + };
(2) Have policies established by professional personnel
associated with the agency or organization, including one or more
physicians and one or more registered nurses, at least two of
whom are neither owners nor employees of the agency, and two
consumers, to govern the services that it provides;
(3) Require supervision of services that it provides under
subsection (1) of this section by a physician, nurse practitioner
or registered nurse, preferably a public health nurse;
(4) Maintain clinical { - , - } { + and + } financial
{ - and professional - } records on all patients; and
(5) Have an overall plan and budget in effect.
SECTION 4. ORS 443.075 is amended to read:
443.075. (1) A home health agency must have an order for
treatment { + , + } { - and - } plan of treatment { + or plan
of care + } from a physician or nurse practitioner for the
following services and supplies:
(a) Home nursing care provided by or under the supervision of a
registered nurse;
(b) Physical, occupational or speech therapy, medical social
services or other therapeutic services;
(c) Home health aide services; and
(d) Medical supplies, other than drugs and biologicals, and the
use of medical appliances.
(2) A home health agency shall have each plan of treatment
{ + or plan of care + } reviewed by the physician or nurse
practitioner periodically, in accordance with rules adopted by
the Oregon Health Authority.
SECTION 5. ORS 443.305 is amended to read:
443.305. As used in ORS 443.305 to 443.350:
(1) 'In-home care agency' means an agency primarily engaged in
providing in-home care services for compensation to an individual
in that individual's place of residence. 'In-home care agency'
does not include a home health agency as defined in ORS 443.005.
(2) 'In-home care services' means personal care services
furnished by an in-home care agency, or an individual under an
arrangement or contract with an in-home care agency, that are
necessary to assist an individual in meeting the individual's
daily needs, but does not include curative or rehabilitative
services.
(3) 'Subunit' means an in-home care agency that provides
services for a parent agency in a geographic area different from
that of the parent agency and { - generally exceeding one hour
of travel time - } { + more than 60 miles + } from the location
of the parent agency.
SECTION 6. Section 3, chapter 838, Oregon Laws 2007, as amended
by section 1157, chapter 595, Oregon Laws 2009, is amended to
read:
Enrolled House Bill 2094 (HB 2094-A) Page 3
{ + Sec. 3. + } (1) There is established in the { - Office
for Oregon Health Policy and Research - } { + Oregon Health
Authority + } the Oregon Health Care Acquired Infection Reporting
Program. The program shall:
(a) Provide useful and credible infection measures, specific to
each health care facility, to consumers;
(b) Promote quality improvement in health care facilities; and
(c) Utilize existing quality improvement efforts to the extent
practicable.
(2) The { - office - } { + authority + } shall adopt rules
to:
(a) Require health care facilities to report to the
{ - office - } { + authority + } health care acquired
infection measures, including but not limited to health care
acquired infection rates;
(b) Specify the health care acquired infection measures that
health care facilities must report; and
(c) Prescribe the form, manner and frequency of reports of
health care acquired infection measures by health care
facilities.
(3) In prescribing the form, manner and frequency of reports of
health care acquired infection measures by health care
facilities, to the extent practicable and appropriate to avoid
unnecessary duplication of reporting by facilities, the
{ - office - } { + authority + } shall align the requirements
with the requirements for health care facilities to report
similar data to the { - Oregon Health Authority - } { +
Department of Human Services + } and to the Centers for Medicare
and Medicaid Services.
(4) The { - office - } { + authority + } shall utilize, to
the extent practicable and appropriate, a credible and reliable
risk-adjusted methodology in analyzing the health care acquired
infection measures reported by health care facilities.
(5) The { - office - } { + authority + } shall provide
health care acquired infection measures and related information
to health care facilities in a manner that promotes quality
improvement in the health care facilities.
(6) The { - office - } { + authority + } shall adopt rules
prescribing the form, manner and frequency for public disclosure
of reported health care acquired infection measures. The
{ - office - } { + authority + } shall disclose updated
information to the public no less frequently than every { - six
months beginning January 1, 2010, and no less frequently than
every - } calendar quarter { - beginning January 1, 2011 - } .
(7) Individually identifiable health information submitted to
the { - office - } { + authority + } by health care
facilities pursuant to this section may not be disclosed to, made
subject to subpoena by or used by any state agency for purposes
of any enforcement or regulatory action in relation to a
participating health care facility.
SECTION 7. Section 4, chapter 838, Oregon Laws 2007, as amended
by section 1158, chapter 595, Oregon Laws 2009, is amended to
read:
{ + Sec. 4. + } (1) There is established the Health Care
Acquired Infection Advisory Committee to advise the
{ - Administrator of the Office for Oregon Health Policy and
Research - } { + Director of the Oregon Health Authority + }
regarding the Oregon Health Care Acquired Infection Reporting
Program. The advisory committee shall consist of 16 members
Enrolled House Bill 2094 (HB 2094-A) Page 4
appointed by the { - administrator - } { + director + } as
follows:
(a) Seven of the members shall be health care providers or
their designees, including:
(A) A hospital administrator who has expertise in infection
control and who represents a hospital that contains fewer than
100 beds;
(B) A hospital administrator who has expertise in infection
control and who represents a hospital that contains 100 or more
beds;
(C) A long term care administrator;
(D) A hospital quality director;
(E) A physician with expertise in infectious disease;
(F) A registered nurse with interest and involvement in
infection control; and
(G) A physician who practices in an ambulatory surgical center
and who has interest and involvement in infection control.
(b) Nine of the members shall be individuals who do not
represent health care providers, including:
(A) A consumer representative;
(B) A labor representative;
(C) An academic researcher;
(D) A health care purchasing representative;
(E) A representative of the { - Oregon Health Authority - }
{ + Department of Human Services + };
(F) A representative of the business community;
(G) A representative of the Oregon Patient Safety Commission
who does not represent a health care provider on the commission;
(H) The state epidemiologist; and
(I) A health insurer representative.
(2) The { - Administrator of the Office for Oregon Health
Policy and Research - } { + Director of the Oregon Health
Authority + } and the advisory committee shall evaluate on a
regular basis the quality and accuracy of the data collected and
reported by health care facilities under section 3, chapter 838,
Oregon Laws 2007, and the methodologies of the { - Office for
Oregon Health Policy and Research - } { + Oregon Health
Authority + } for data collection, analysis and public
disclosure.
(3) Members of the advisory committee are not entitled to
compensation and shall serve as volunteers on the advisory
committee.
(4) Each member of the advisory committee shall serve a term of
two years.
(5) The advisory committee shall make recommendations to the
{ - administrator - } { + director + } regarding:
(a) The health care acquired infection measures that health
care facilities must report, which may include but are not
limited to:
(A) Surgical site infections;
(B) Central line related bloodstream infections;
(C) Urinary tract infections; and
(D) Health care facility process measures designed to ensure
quality and to reduce health care acquired infections;
(b) Methods for evaluating and quantifying health care acquired
infection measures that align with other data collection and
reporting methodologies of health care facilities and that
support participation in other quality interventions;
Enrolled House Bill 2094 (HB 2094-A) Page 5
(c) Requiring different reportable health care acquired
infection measures for differently situated health care
facilities as appropriate;
(d) A method to ensure that infections present upon admission
to the health care facility are excluded from the rates of health
care acquired infection disclosed to the public for the health
care facility under sections 3 and 6, chapter 838, Oregon Laws
2007;
(e) Establishing a process for evaluating the health care
acquired infection measures reported under section 3, chapter
838, Oregon Laws 2007, and for modifying the reporting
requirements over time as appropriate;
(f) Establishing a timetable to phase in the reporting and
public disclosure of health care acquired infection measures; and
(g) Procedures to protect the confidentiality of patients,
health care professionals and health care facility employees.
SECTION 8. Section 6, chapter 838, Oregon Laws 2007, is amended
to read:
{ + Sec. 6. + } (1) In addition to any report required
pursuant to section 3 { - of this 2007 Act - } { + , chapter
838, Oregon Laws 2007 + }, on or before April 30 of each year,
the { - Administrator of the Office for Oregon Health Policy
and Research - } { + Oregon Health Authority + } shall prepare
an annual report summarizing the health care facility reports
submitted pursuant to section 3 { - of this 2007 Act - } { + ,
chapter 838, Oregon Laws 2007 + }. The { - Office for Oregon
Health Policy and Research - } { + authority + } shall make the
reports available to the public in the manner provided in ORS
192.243 and to the Legislative Assembly in the manner provided in
ORS 192.245. { - The first report shall be made available no
later than January 1, 2010. - }
(2) The annual report shall, for each health care facility in
the state, compare the health care acquired infection measures
reported under section 3 { - of this 2007 Act - } { + ,
chapter 838, Oregon Laws 2007 + }. The { - office - } { +
authority + }, in consultation with the Health Care Acquired
Infection Advisory Committee, shall provide the information in
the report in a format that is as easily comprehensible as
possible.
(3) The annual report may include findings, conclusions and
trends concerning the health care acquired infection measures
reported under section 3 { - of this 2007 Act - } { + ,
chapter 838, Oregon Laws 2007 + }, a comparison to the health
care acquired infection measures reported in prior years and any
policy recommendations.
(4) The { - office - } { + authority + } shall publicize
the annual report and its availability to interested persons,
including providers, media organizations, health insurers, health
maintenance organizations, purchasers of health insurance,
organized labor, consumer and patient advocacy groups and
individual consumers.
(5) The annual report and quarterly reports under this section
and section 3 { - of this 2007 Act - } { + , chapter 838,
Oregon Laws 2007, + } may not contain information that identifies
a patient, a licensed health care professional or an employee of
a health care facility in connection with a specific infection
incident.
SECTION 9. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
Enrolled House Bill 2094 (HB 2094-A) Page 6
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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Passed by House March 20, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate April 30, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2094 (HB 2094-A) Page 7
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2094 (HB 2094-A) Page 8
