Bill Text: OR HB2100 | 2011 | Regular Session | Enrolled


Bill Title: Relating to functions of the Oregon Health Authority; appropriating money; and declaring an emergency.

Spectrum: Unknown

Status: (Passed) 2011-08-05 - Chapter 720, (2011 Laws): Effective date August 5, 2011. [HB2100 Detail]

Download: Oregon-2011-HB2100-Enrolled.html


     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

                            Enrolled

                         House Bill 2100

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of Governor John A. Kitzhaber for Oregon
  Health Authority)

                     CHAPTER ................

                             AN ACT

Relating to functions of the Oregon Health Authority; creating
  new provisions; amending ORS 3.408, 30.262, 87.533, 93.268,
  106.045, 106.330, 113.085, 113.145, 114.305, 115.125, 115.195,
  116.093, 130.370, 130.425, 179.505, 179.560, 179.570, 181.735,
  185.140, 238.082, 243.061, 243.145, 243.862, 243.878, 279A.050,
  292.051, 343.243, 343.507, 343.961, 408.370, 409.010, 409.161,
  409.162, 410.040, 410.075, 410.080, 410.160, 410.230, 410.240,
  410.300, 410.720, 411.010, 411.060, 411.070, 411.072, 411.081,
  411.083, 411.087, 411.103, 411.300, 411.320, 411.400, 411.402,
  411.404, 411.406, 411.408, 411.431, 411.432, 411.435, 411.439,
  411.443, 411.459, 411.463, 411.593, 411.610, 411.620, 411.630,
  411.632, 411.635, 411.640, 411.660, 411.670, 411.675, 411.690,
  411.694, 411.703, 411.708, 413.011, 413.032, 413.033, 413.064,
  414.025, 414.033, 414.041, 414.065, 414.211, 414.221, 414.227,
  414.231, 414.312, 414.332, 414.334, 414.538, 414.705, 414.707,
  414.708, 414.710, 414.712, 414.725, 414.730, 414.735, 414.736,
  416.340, 416.350, 416.610, 417.349, 418.517, 418.975, 418.985,
  419C.529, 426.005, 426.129, 426.250, 426.275, 426.495, 427.005,
  430.021, 430.205, 430.210, 430.397, 430.610, 430.630, 430.632,
  430.640, 430.670, 430.672, 430.695, 431.195, 431.962, 431.964,
  431.966, 431.970, 431.974, 431.976, 431.978, 432.500, 433.055,
  433.060, 433.095, 433.407, 441.021, 441.096, 442.011, 442.700,
  443.410, 443.450, 443.465, 443.860, 443.861, 443.864, 443.869,
  448.465, 475.495, 480.225, 497.162, 616.555, 616.560, 616.570,
  616.575, 616.580, 676.150, 676.306, 676.350, 682.218, 708A.430,
  723.466, 743.730, 743.736, 743A.010 and 743A.062 and section 1,
  chapter 426, Oregon Laws 2009, section 20, chapter 595, Oregon
  Laws 2009, and section 29, chapter 856, Oregon Laws 2009;
  repealing ORS 409.310, 409.330, 410.110, 414.338, 414.350,
  414.355, 414.360, 414.365, 414.370, 414.375, 414.380, 414.385,
  414.390, 414.395, 414.400, 414.410, 414.415, 414.715, 414.720,
  414.741, 430.170, 431.190, 442.575, 442.580, 442.581, 442.583,
  442.584, 442.588, 442.589 and 735.711 and section 57, chapter
  9, Oregon Laws 2011 (Enrolled Senate Bill 353), and section 4,
  chapter ___, Oregon Laws 2011 (Enrolled House Bill 2600);
  appropriating money; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

                               { +
PHARMACY AND THERAPEUTICS COMMITTEE + }

Enrolled House Bill 2100 (HB 2100-B)                       Page 1

  SECTION 1.  { + As used in sections 1 to 12 of this 2011 Act:
  (1) 'Compendia' means those resources widely accepted by the
medical profession in the efficacious use of drugs, including the
following sources:
  (a) The American Hospital Formulary Service drug information.
  (b) The United States Pharmacopeia drug information.
  (c) The American Medical Association drug evaluations.
  (d) Peer-reviewed medical literature.
  (e) Drug therapy information provided by manufacturers of drug
products consistent with the federal Food and Drug Administration
requirements.
  (2) 'Criteria' means the predetermined and explicitly accepted
elements based on compendia that are used to measure drug use on
an ongoing basis to determine if the use is appropriate,
medically necessary and not likely to result in adverse medical
outcomes.
  (3) 'Drug-disease contraindication' means the potential for, or
the occurrence of, an undesirable alteration of the therapeutic
effect of a given prescription because of the presence, in the
patient for whom it is prescribed, of a disease condition or the
potential for, or the occurrence of, a clinically significant
adverse effect of the drug on the patient's disease condition.
  (4) 'Drug-drug interaction' means the pharmacological or
clinical response to the administration of at least two drugs
different from that response anticipated from the known effects
of the two drugs when given alone, which may manifest clinically
as antagonism, synergism or idiosyncrasy. Such interactions have
the potential to have an adverse effect on the individual or lead
to a clinically significant adverse reaction, or both, that:
  (a) Is characteristic of one or any of the drugs present; or
  (b) Leads to interference with the absorption, distribution,
metabolism, excretion or therapeutic efficacy of one or any of
the drugs.
  (5) 'Drug use review' means the programs designed to measure
and assess on a retrospective and a prospective basis, through an
evaluation of claims data, the proper utilization, quantity,
appropriateness as therapy and medical necessity of prescribed
medication in the medical assistance program.
  (6) 'Intervention' means an action taken by the Oregon Health
Authority with a prescriber or pharmacist to inform about or to
influence prescribing or dispensing practices or utilization of
drugs.
  (7) 'Overutilization' means the use of a drug in quantities or
for durations that put the recipient at risk of an adverse
medical result.
  (8) 'Pharmacist' means an individual who is licensed as a
pharmacist under ORS chapter 689.
  (9) 'Prescriber' means any person authorized by law to
prescribe drugs.
  (10) 'Prospective program' means the prospective drug use
review program described in section 7 of this 2011 Act.
  (11) 'Retrospective program' means the retrospective drug use
review program described in section 8 of this 2011 Act.
  (12) 'Standards' means the acceptable prescribing and
dispensing methods determined by compendia, in accordance with
local standards of medical practice for health care providers.
  (13) 'Therapeutic appropriateness' means drug prescribing based
on scientifically based and clinically relevant drug therapy that
is consistent with the criteria and standards developed under
sections 1 to 12 of this 2011 Act.

Enrolled House Bill 2100 (HB 2100-B)                       Page 2

  (14) 'Therapeutic duplication' means the prescribing and
dispensing of two or more drugs from the same therapeutic class
such that the combined daily dose puts the recipient at risk of
an adverse medical result or incurs additional program costs
without additional therapeutic benefits.
  (15) 'Underutilization' means that a drug is used by a
recipient in insufficient quantity to achieve a desired
therapeutic goal. + }
  SECTION 2.  { + (1) There is created an 11-member Pharmacy and
Therapeutics Committee responsible for advising the Oregon Health
Authority on the implementation of the retrospective and
prospective programs and on the Practitioner-Managed Prescription
Drug Plan.
  (2) The Director of the Oregon Health Authority shall appoint
the members of the committee, who shall serve at the pleasure of
the director for a term of three years. An individual appointed
to the committee may be reappointed upon completion of the
individual's term. The membership of the committee shall be
composed of the following:
  (a) Five persons licensed as physicians and actively engaged in
the practice of medicine or osteopathic medicine in Oregon, who
may be from among persons recommended by organizations
representing physicians;
  (b) Four persons licensed in and actively practicing pharmacy
in Oregon who may be from among persons recommended by
organizations representing pharmacists whether affiliated or
unaffiliated with any association; and
  (c) Two persons who are not physicians or pharmacists.
  (3) If the committee determines that it lacks current clinical
or treatment expertise with respect to a particular therapeutic
class, or at the request of an interested outside party, the
director shall appoint one or more medical experts otherwise
qualified as described in subsection (2)(a) of this section who
have such expertise. The medical experts shall have full voting
rights with respect to recommendations made under section 4 (3)
and (4) of this 2011 Act. The medical experts may participate but
may not vote in any other activities of the committee.
  (4) The director shall fill a vacancy on the committee by
appointing a new member to serve the remainder of the unexpired
term. + }
  SECTION 3.  { + Notwithstanding the term of office specified by
section 2 of this 2011 Act, of the members first appointed to
the Pharmacy and Therapeutics Committee:
  (1) Three shall serve for a term ending December 31, 2012.
  (2) Three shall serve for a term ending December 31, 2013.
  (3) Five shall serve for a term ending December 31, 2014. + }
  SECTION 4.  { + (1) The Pharmacy and Therapeutics Committee
shall advise the Oregon Health Authority on:
  (a) Adoption of rules to implement sections 1 to 12 of this
2011 Act in accordance with ORS chapter 183.
  (b) Implementation of the medical assistance program
retrospective and prospective programs as described in sections 1
to 12 of this 2011 Act, including the type of software programs
to be used by the pharmacist for prospective drug use review and
the provisions of the contractual agreement between the state and
any entity involved in the retrospective program.
  (c) Development of and application of the criteria and
standards to be used in retrospective and prospective drug use
review in a manner that ensures that such criteria and standards
are based on compendia, relevant guidelines obtained from

Enrolled House Bill 2100 (HB 2100-B)                       Page 3

professional groups through consensus-driven processes, the
experience of practitioners with expertise in drug therapy, data
and experience obtained from drug utilization review program
operations. The committee shall have an open professional
consensus process for establishing and revising criteria and
standards. Criteria and standards shall be available to the
public. In developing recommendations for criteria and standards,
the committee shall establish an explicit ongoing process for
soliciting and considering input from interested parties. The
committee shall make timely revisions to the criteria and
standards based upon this input in addition to revisions based
upon scheduled review of the criteria and standards. Further, the
drug utilization review standards shall reflect the local
practices of prescribers in order to monitor:
  (A) Therapeutic appropriateness.
  (B) Overutilization or underutilization.
  (C) Therapeutic duplication.
  (D) Drug-disease contraindications.
  (E) Drug-drug interactions.
  (F) Incorrect drug dosage or drug treatment duration.
  (G) Clinical abuse or misuse.
  (H) Drug allergies.
  (d) Development, selection and application of and assessment
for interventions that are educational and not punitive in nature
for medical assistance program prescribers, dispensers and
patients.
  (2) In reviewing retrospective and prospective drug use, the
committee may consider only drugs that have received final
approval from the federal Food and Drug Administration.
  (3) The committee shall make recommendations to the authority,
subject to approval by the Director of the Oregon Health
Authority or the director's designee, for drugs to be included on
any preferred drug list adopted by the authority and on the
Practitioner-Managed Prescription Drug Plan. The committee shall
also recommend all utilization controls, prior authorization
requirements or other conditions for the inclusion of a drug on a
preferred drug list.
  (4) In making recommendations under subsection (3) of this
section, the committee may use any information the committee
deems appropriate. The recommendations must be based upon the
following factors in order of priority:
  (a) Safety and efficacy of the drug.
  (b) The ability of Oregonians to access effective prescription
drugs that are appropriate for their clinical conditions.
  (c) Substantial differences in the costs of drugs within the
same therapeutic class.
  (5) The committee shall post a recommendation to the website of
the authority no later than 30 days after the date the committee
approves the recommendation. The director shall approve,
disapprove or modify any recommendation of the committee as soon
as practicable, shall publish the decision on the website and
shall notify persons who have requested notification of the
decision. A recommendation adopted by the director, in whole or
in part, with respect to the inclusion of a drug on a preferred
drug list or the Practitioner-Managed Prescription Drug Plan may
not become effective less than 60 days after the date that the
director's decision is published.
  (6) The director shall reconsider any decision to adopt or
modify a recommendation of the committee with respect to the
inclusion of a particular drug on a preferred drug list or the

Enrolled House Bill 2100 (HB 2100-B)                       Page 4

Practitioner-Managed Prescription Drug Plan, upon the request of
any interested person filed no later than 30 days after the
director's decision is published on the website. The decision on
reconsideration shall be sent to the requester and posted to the
website without undue delay. + }
  SECTION 5.  { + In addition to the duties described in section
4 of this 2011 Act, the Pharmacy and Therapeutics Committee shall
do the following subject to the approval of the Director of the
Oregon Health Authority:
  (1) Publish an annual report, as described in section 12 of
this 2011 Act.
  (2) Publish and disseminate educational information to
prescribers and pharmacists regarding the committee and the drug
use review programs, including information on the following:
  (a) Identifying and reducing the frequency of patterns of
fraud, abuse or inappropriate or medically unnecessary care among
prescribers, pharmacists and recipients.
  (b) Potential or actual severe or adverse reactions to drugs.
  (c) Therapeutic appropriateness.
  (d) Overutilization or underutilization.
  (e) Appropriate use of generic products.
  (f) Therapeutic duplication.
  (g) Drug-disease contraindications.
  (h) Drug-drug interactions.
  (i) Drug allergy interactions.
  (j) Clinical abuse and misuse.
  (3) Adopt and implement procedures designed to ensure the
confidentiality of any information that identifies individual
prescribers, pharmacists or recipients and that is collected,
stored, retrieved, assessed or analyzed by the committee, staff
of the committee, the Oregon Health Authority or contractors to
the committee or the authority. + }
  SECTION 6.  { + In appropriate instances, interventions
developed under section 4 (1)(d) of this 2011 Act may include the
following:
  (1) Information disseminated to prescribers and pharmacists to
ensure that they are aware of the duties and powers of the
Pharmacy and Therapeutics Committee.
  (2) Written, oral or electronic reminders of recipient-specific
or drug-specific information that are designed to ensure
recipient, prescriber and pharmacist confidentiality, and
suggested changes in the prescribing or dispensing practices
designed to improve the quality of care.
  (3) Face-to-face discussions between experts in drug therapy
and the prescriber or pharmacist who has been targeted for
educational intervention.
  (4) Intensified reviews or monitoring of selected prescribers
or pharmacists.
  (5) Educational outreach through the retrospective program
focusing on improvement of prescribing and dispensing practices.
  (6) The timely evaluation of interventions to determine if the
interventions have improved the quality of care.
  (7) The review of case profiles before the conducting of an
intervention. + }
  SECTION 7.  { + The prospective drug use review program must
use guidelines established by the Oregon Health Authority that
are based on the recommendations of the Pharmacy and Therapeutics
Committee. The program must ensure that prior to the prescription
being filled or delivered a review will be conducted by the

Enrolled House Bill 2100 (HB 2100-B)                       Page 5

pharmacist at the point of sale to screen for potential drug
therapy problems resulting from the following:
  (1) Therapeutic duplication.
  (2) Drug-drug interactions, including serious interactions with
nonprescription or over-the-counter drugs.
  (3) Incorrect dosage and duration of treatment.
  (4) Drug-allergy interactions.
  (5) Clinical abuse and misuse.
  (6) Drug-disease contraindications. + }
  SECTION 8.  { + The retrospective drug use review program must
use:
  (1) Guidelines established by the Oregon Health Authority that
are based on the recommendations of the Pharmacy and Therapeutics
Committee; and
  (2) The mechanized drug claims processing and information
retrieval system to analyze claims data on drug use against
explicit predetermined standards that are based on compendia and
other sources to monitor the following:
  (a) Therapeutic appropriateness.
  (b) Overutilization or underutilization.
  (c) Fraud and abuse.
  (d) Therapeutic duplication.
  (e) Drug-disease contraindications.
  (f) Drug-drug interactions.
  (g) Incorrect drug dosage or duration of drug treatment.
  (h) Clinical abuse and misuse. + }
  SECTION 9.  { + (1) Information collected under sections 1 to
12 of this 2011 Act that identifies an individual is confidential
and may not be disclosed by the Pharmacy and Therapeutics
Committee, the retrospective program or the Oregon Health
Authority to any person other than a health care provider
appearing on a recipient's medication profile.
  (2) The staff of the committee may have access to identifying
information for purposes of carrying out intervention activities.
The identifying information may not be released to anyone other
than a staff member of the committee, the retrospective program,
the authority or a health care provider appearing on a
recipient's medication profile or, for purposes of investigating
potential fraud in programs administered by the authority, the
Department of Justice.
  (3) The committee may release cumulative, nonidentifying
information for the purposes of legitimate research and for
educational purposes. + }
  SECTION 10.  { + (1) Notwithstanding ORS 192.610 to 192.690,
the Pharmacy and Therapeutics Committee shall meet in an
executive session for purposes of:
  (a) Reviewing the prescribing or dispensing practices of
individual physicians or pharmacists;
  (b) Discussing drug use review data pertaining to individual
physicians or pharmacists;
  (c) Reviewing profiles of individual patients; or
  (d) Reviewing confidential drug pricing information, including
substantial cost differences between drugs within the same
therapeutic class, that is necessary for the committee to make
final recommendations under section 4 of this 2011 Act or to
comply with section 9 of this 2011 Act.
  (2) A meeting held in executive session is subject to the
requirements of ORS 192.650 (2). + }
  SECTION 11.  { + (1) Except as provided in section 10 of this
2011 Act, the Pharmacy and Therapeutics Committee shall operate

Enrolled House Bill 2100 (HB 2100-B)                       Page 6

in accordance with ORS chapter 192. The committee shall annually
elect a chairperson from the members of the committee.
  (2) A committee member is not entitled to compensation but is
entitled to reimbursement for actual and necessary travel
expenses incurred in connection with the member's duties,
pursuant to ORS 292.495.
  (3) A quorum consists of six members of the committee.
  (4) The committee may establish advisory committees to assist
in carrying out the committee's duties under sections 1 to 12 of
this 2011 Act, with the approval of the Director of the Oregon
Health Authority.
  (5) The Oregon Health Authority shall provide staff and support
services to the committee.
  (6) The committee shall meet no less than four times each year
at a place, day and hour determined by the director. The
committee also shall meet at other times and places specified by
the call of the director or a majority of the members of the
committee. No less than 30 days prior to a meeting the committee
shall post to the authority website:
  (a) The agenda for the meeting;
  (b) A list of the drug classes to be considered at the meeting;
and
  (c) Background materials and supporting documentation provided
to committee members with respect to drugs and drug classes that
are before the committee for review.
  (7) The committee shall provide appropriate opportunity for
public testimony at each regularly scheduled committee meeting.
Immediately prior to deliberating on any recommendations
regarding a drug or a class of drugs, the committee shall accept
testimony, in writing or in person, that is offered by a
manufacturer of those drugs or another interested party.
  (8) The committee may consider more than 20 classes of drugs at
a meeting only if:
  (a) There is no new clinical evidence for the additional class
of drugs; and
  (b) The committee is considering only substantial cost
differences between drugs within the same therapeutic class. + }
  SECTION 12.  { + (1) The annual report required under section 5
(1) of this 2011 Act is subject to public comment prior to its
submission to the Director of the Oregon Health Authority and
must include the following:
  (a) An overview of the activities of the Pharmacy and
Therapeutics Committee and the prospective and retrospective
programs;
  (b) A summary of interventions made, including the number of
cases brought before the committee and the number of
interventions made;
  (c) An assessment of the impact of the interventions, criteria
and standards used, including an overall assessment of the impact
of the educational programs and interventions on prescribing and
dispensing patterns;
  (d) An assessment of the impact of the criteria, standards and
educational interventions on quality of care; and
  (e) An estimate of the cost savings generated as a result of
the prospective and retrospective programs, including an overview
of the fiscal impact of the programs to other areas of the
medical assistance program such as hospitalization or long term
care costs. This analysis should include a cost-benefit analysis
of both the prospective and retrospective programs and should

Enrolled House Bill 2100 (HB 2100-B)                       Page 7

take into account the administrative costs of the drug
utilization review program.
  (2) Copies of the annual report shall be submitted to the
President of the Senate, the Speaker of the House of
Representatives and other persons who request copies of the
report. + }

                               { +
DRUG USE REVIEW BOARD ABOLISHED + }

  SECTION 13.  { + (1) The Drug Use Review Board is abolished. On
the operative date of this section, the tenure of office of the
members of the Drug Use Review Board ceases.
  (2) All the duties, functions and powers of the Drug Use Review
Board are imposed upon, transferred to and vested in the Pharmacy
and Therapeutics Committee. + }
  SECTION 14.  { + (1) The Director of the Oregon Health
Authority shall:
  (a) Deliver to the Pharmacy and Therapeutics Committee all
records and property within the jurisdiction of the Drug Use
Review Board that relate to the duties, functions and powers
transferred by section 13 of this 2011 Act; and
  (b) Transfer to the committee those employees engaged primarily
in the exercise of the duties, functions and powers transferred
by section 13 of this 2011 Act.
  (2) The committee shall take possession of the records and
property and shall take charge of the employees and employ them,
in the exercise of the duties, functions and powers transferred
by section 13 of this 2011 Act, without reduction of compensation
but subject to change or termination of employment or
compensation as provided by law.
  (3) The director shall resolve any dispute between the Drug Use
Review Board and the Pharmacy and Therapeutics Committee relating
to transfers of records, property and employees under this
section, and the director's decision is final. + }
  SECTION 15.  { + (1) The unexpended balances of amounts
authorized to be expended by the Drug Use Review Board for the
biennium beginning July 1, 2011, from revenues dedicated,
continuously appropriated, appropriated or otherwise made
available for the purpose of administering and enforcing the
duties, functions and powers transferred by section 13 of this
2011 Act are transferred to and are available for expenditure by
the Pharmacy and Therapeutics Committee for the remainder of the
biennium beginning July 1, 2011, for the purpose of administering
and enforcing the duties, functions and powers transferred by
section 13 of this 2011 Act.
  (2) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the board remain
applicable to expenditures by the committee under this
section. + }
  SECTION 16.  { + The transfer of duties, functions and powers
to the Pharmacy and Therapeutics Committee by section 13 of this
2011 Act does not affect any action, proceeding or prosecution
involving or with respect to such duties, functions and powers
begun before and pending at the time of the transfer, except that
the committee is substituted for the Drug Use Review Board in the
action, proceeding or prosecution. + }
  SECTION 17.  { + (1) Nothing in sections 1 to 16 of this 2011
Act or the repeal of ORS 414.350, 414.355, 414.360, 414.365,
414.370, 414.375, 414.380, 414.385, 414.390, 414.395, 414.400,

Enrolled House Bill 2100 (HB 2100-B)                       Page 8

414.410 or 414.415 by section 228 of this 2011 Act relieves a
person of a liability, duty or obligation accruing under or with
respect to the duties, functions and powers transferred by
section 13 of this 2011 Act. The Pharmacy and Therapeutics
Committee may undertake the collection or enforcement of any such
liability, duty or obligation.
  (2) The rights and obligations of the Drug Use Review Board
legally incurred under contracts, leases and business
transactions executed, entered into or begun before the operative
date of section 13 of this 2011 Act are transferred to the
Pharmacy and Therapeutics Committee. For the purpose of
succession to these rights and obligations, the Pharmacy and
Therapeutics Committee is a continuation of the Drug Use Review
Board and is not a new authority. + }
  SECTION 18.  { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, reference is
made to the Drug Use Review Board or an officer or employee of
the Drug Use Review Board, the reference is considered to be a
reference to the Pharmacy and Therapeutics Committee or an
officer or employee of the Pharmacy and Therapeutics
Committee. + }
  SECTION 19.  { + For the purpose of harmonizing and clarifying
statutory law, the Legislative Counsel may substitute for words
designating the 'Drug Use Review Board' or its officers, wherever
they occur in statutory law, words designating the ' Pharmacy and
Therapeutics Committee' or its officers. + }
  SECTION 20.  { + The Director of the Oregon Health Authority
may take any action before the operative date specified in
section 21 of this 2011 Act that is necessary to enable the
Pharmacy and Therapeutics Committee to exercise, on and after the
operative date of section 13 of this 2011 Act, the duties,
functions and powers of the committee pursuant to section 13 of
this 2011 Act. + }
  SECTION 21.  { + Except as otherwise specifically provided in
section 20 of this 2011 Act, sections 1 to 16 of this 2011 Act
become operative 31 calendar days after the effective date of
this 2011 Act. + }

                               { +
HEALTH EVIDENCE REVIEW COMMISSION + }

  SECTION 22.  { + (1) As used in this section:
  (a) 'Practice of pharmacy' has the meaning given that term in
ORS 689.005.
  (b) 'Retail drug outlet' has the meaning given that term in ORS
689.005.
  (2) The Health Evidence Review Commission is established in the
Oregon Health Authority, consisting of 13 members appointed by
the Governor in consultation with professional and other
interested organizations, and confirmed by the Senate, as
follows:
  (a) Five members must be physicians licensed to practice
medicine in this state who have clinical expertise in the areas
of family medicine, internal medicine, obstetrics, perinatal
health, pediatrics, disabilities, geriatrics or general surgery.
One of the physicians must be a doctor of osteopathy, and one
must be a hospital representative or a physician whose practice
is significantly hospital-based.

Enrolled House Bill 2100 (HB 2100-B)                       Page 9

  (b) One member must be a dentist licensed under ORS chapter 679
who has clinical expertise in general, pediatric or public health
dentistry.
  (c) One member must be a public health nurse.
  (d) One member must be a behavioral health representative who
may be a social services worker, alcohol and drug treatment
provider, psychologist or psychiatrist.
  (e) Two members must be consumers of health care who are
patient advocates or represent the areas of indigent services,
labor, business, education or corrections.
  (f) One member must be a complementary or alternative medicine
provider who is a chiropractic physician licensed under ORS
chapter 684, a naturopathic physician licensed under ORS chapter
685 or an acupuncturist licensed under ORS chapter 677.
  (g) One member must be an insurance industry representative who
may be a medical director or other administrator.
  (h) One member must be a pharmacy representative who engages in
the practice of pharmacy at a retail drug outlet.
  (3) No more than six members of the commission may be
physicians either in active practice or retired from practice.
  (4) Members of the commission serve for a term of four years at
the pleasure of the Governor. A member is eligible for
reappointment.
  (5) Members are not entitled to compensation, but may be
reimbursed for actual and necessary travel and other expenses
incurred by them in the performance of their official duties in
the manner and amounts provided for in ORS 292.495. Claims for
expenses shall be paid out of funds available to the Oregon
Health Authority for purposes of the commission. + }
  SECTION 23.  { + (1) The Health Evidence Review Commission
shall select one of its members as chairperson and another as
vice chairperson, for terms and with duties and powers the
commission determines necessary for the performance of the
functions of the offices.
  (2) A majority of the members of the commission constitutes a
quorum for the transaction of business.
  (3) The commission shall meet at least four times per year at a
place, day and hour determined by the chairperson. The commission
also shall meet at other times and places specified by the call
of the chairperson or of a majority of the members of the
commission.
  (4) The commission may use advisory committees or subcommittees
whose members are appointed by the chairperson of the commission
subject to approval by a majority of the members of the
commission. The advisory committees or subcommittees may contain
experts appointed by the chairperson and a majority of the
members of the commission. The conditions of service of the
experts will be determined by the chairperson and a majority of
the members of the commission.
  (5) The Office for Oregon Health Policy and Research shall
provide staff and support services to the commission. + }
  SECTION 24.  { + (1) The Health Evidence Review Commission
shall regularly solicit testimony and information from
stakeholders representing consumers, advocates, providers,
carriers and employers in conducting the work of the commission.
  (2) The commission shall actively solicit public involvement
through a public meeting process to guide health resource
allocation decisions.
  (3) The commission shall develop and maintain a list of health
services ranked by priority, from the most important to the least

Enrolled House Bill 2100 (HB 2100-B)                      Page 10

important, representing the comparative benefits of each service
to the population to be served. The list must be submitted by the
commission pursuant to subsection (5) of this section and is not
subject to alteration by any other state agency.
  (4) In order to encourage effective and efficient medical
evaluation and treatment, the commission:
  (a) May include clinical practice guidelines in its prioritized
list of services. The commission shall actively solicit testimony
and information from the medical community and the public to
build a consensus on clinical practice guidelines developed by
the commission.
  (b) May include statements of intent in its prioritized list of
services. Statements of intent should give direction on coverage
decisions where medical codes and clinical practice guidelines
cannot convey the intent of the commission.
  (c) Shall consider both the clinical effectiveness and
cost-effectiveness of health services, including drug therapies,
in determining their relative importance using peer-reviewed
medical literature as defined in ORS 743A.060.
  (5) The commission shall report the prioritized list of
services to the Oregon Health Authority for budget determinations
by July 1 of each even-numbered year.
  (6) The commission shall make its report during each regular
session of the Legislative Assembly and shall submit a copy of
its report to the Governor, the Speaker of the House of
Representatives and the President of the Senate.
  (7) The commission may alter the list during the interim only
as follows:
  (a) To make technical changes to correct errors and omissions;
  (b) To accommodate changes due to advancements in medical
technology or new data regarding health outcomes;
  (c) To accommodate changes to clinical practice guidelines; and
  (d) To add statements of intent that clarify the prioritized
list.
  (8) If a service is deleted or added during an interim and no
new funding is required, the commission shall report to the
Speaker of the House of Representatives and the President of the
Senate. However, if a service to be added requires increased
funding to avoid discontinuing another service, the commission
shall report to the Emergency Board to request the funding.
  (9) The prioritized list of services remains in effect for a
two-year period beginning no earlier than October 1 of each
odd-numbered year. + }
  SECTION 25.  { + (1) As used in this section and section 26 of
this 2011 Act:
  (a) 'Medical technology' means medical equipment and devices,
medical or surgical procedures and techniques used by health care
providers in delivering medical care to individuals, and the
organizational or supportive systems within which medical care is
delivered.
  (b) 'Medical technology assessment' means evaluation of the
use, clinical effectiveness and cost of a technology in
comparison with its alternatives.
  (2) The Health Evidence Review Commission shall develop a
medical technology assessment process. The Oregon Health
Authority shall direct the commission with regard to medical
technologies to be assessed and the timing of the assessments.
  (3) The commission shall appoint and work with an advisory
committee whose members have the appropriate expertise to conduct
a medical technology assessment.

Enrolled House Bill 2100 (HB 2100-B)                      Page 11

  (4) The commission shall present its preliminary findings at a
public hearing and shall solicit testimony and information from
health care consumers. The commission shall give strong
consideration to the recommendations of the advisory committee
and public testimony in developing its assessment.
  (5) To ensure that confidentiality is maintained,
identification of a patient or a person licensed to provide
health services may not be included with the data submitted under
this section, and the commission shall release such data only in
aggregate statistical form. All findings and conclusions,
interviews, reports, studies, communications and statements
procured by or furnished to the commission in connection with
obtaining the data necessary to perform its functions is
confidential pursuant to ORS 192.501 to 192.505. + }
  SECTION 26. { +  (1) The Health Evidence Review Commission
shall conduct comparative effectiveness research of medical
technologies selected in accordance with section 25 of this 2011
Act. The commission may conduct the research by comprehensive
review of the comparative effectiveness research undertaken by
recognized state, national or international entities. The
commission may consider evidence relating to prescription drugs
that is relevant to a medical technology assessment but may not
conduct a drug class evidence review or medical technology
assessment solely of a prescription drug. The commission shall
disseminate the research findings to health care consumers,
providers and third-party payers and to other interested
stakeholders.
  (2) The commission shall develop or identify and shall
disseminate evidence-based health care guidelines for use by
providers, consumers and purchasers of health care in Oregon.
  (3) The Oregon Health Authority shall vigorously pursue health
care purchasing strategies that adopt the research findings
described in subsection (1) of this section and the
evidence-based health care guidelines described in subsection (2)
of this section. + }
  SECTION 26a.  { + The Health Evidence Review Commission, in
ranking health services or developing guidelines under section 24
of this 2011 Act or in assessing medical technologies under
section 26 of this 2011 Act, and the Pharmacy and Therapeutics
Committee, in considering a recommendation for a drug to be
included on any preferred drug list or on the
Practitioner-Managed Prescription Drug Plan, may not rely solely
on the results of comparative effectiveness research. + }

                               { +
HEALTH RESOURCES COMMISSION AND + }
                               { +
HEALTH SERVICES COMMISSION ABOLISHED + }

  SECTION 27.  { + (1) The Health Resources Commission and the
Health Services Commission are abolished. On the operative date
of this section, the tenure of office of the members of the
Health Resources Commission and the Health Services Commission
ceases.
  (2) All the duties, functions and powers of the Health
Resources Commission and the Health Services Commission are
imposed upon, transferred to and vested in the Health Evidence
Review Commission. + }
  SECTION 28.  { + (1) The Director of the Oregon Health
Authority shall:

Enrolled House Bill 2100 (HB 2100-B)                      Page 12

  (a) Deliver to the Health Evidence Review Commission all
records and property within the jurisdiction of the director that
relate to the duties, functions and powers transferred by section
27 of this 2011 Act; and
  (b) Transfer to the commission those employees engaged
primarily in the exercise of the duties, functions and powers
transferred by section 27 of this 2011 Act.
  (2) The commission shall take possession of the records and
property and shall take charge of the employees and employ them,
in the exercise of the duties, functions and powers transferred
by section 27 of this 2011 Act, without reduction of compensation
but subject to change or termination of employment or
compensation as provided by law.
  (3) The director shall resolve any dispute between the Health
Resources Commission and the Health Services Commission and the
Health Evidence Review Commission relating to transfers of
records, property and employees under this section, and the
director's decision is final. + }
  SECTION 29.  { + (1) The unexpended balances of amounts
authorized to be expended by the Health Resources Commission and
the Health Services Commission for the biennium beginning July 1,
2011, from revenues dedicated, continuously appropriated,
appropriated or otherwise made available for the purpose of
administering and enforcing the duties, functions and powers
transferred by section 27 of this 2011 Act are transferred to and
are available for expenditure by the Health Evidence Review
Commission for the remainder of the biennium beginning July 1,
2011, for the purpose of administering and enforcing the duties,
functions and powers transferred by section 27 of this 2011 Act.
  (2) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the Health Resources
Commission and the Health Services Commission remain applicable
to expenditures by the Health Evidence Review Commission under
this section. + }
  SECTION 30.  { + The transfer of duties, functions and powers
to the Health Evidence Review Commission by section 27 of this
2011 Act does not affect any action, proceeding or prosecution
involving or with respect to such duties, functions and powers
begun before and pending at the time of the transfer, except that
the Health Evidence Review Commission is substituted for the
Health Resources Commission or the Health Services Commission in
the action, proceeding or prosecution. + }
  SECTION 31.  { + (1) Nothing in sections 22 to 30 of this 2011
Act or the repeal of ORS 414.715, 414.720, 414.741, 442.575,
442.580, 442.581, 442.583, 442.584, 442.588 and 442.589 by
section 228 of this 2011 Act relieves a person of a liability,
duty or obligation accruing under or with respect to the duties,
functions and powers transferred by section 27 of this 2011 Act.
The Health Evidence Review Commission may undertake the
collection or enforcement of any such liability, duty or
obligation.
  (2) The rights and obligations of the Health Resources
Commission and the Health Services Commission legally incurred
under contracts, leases and business transactions executed,
entered into or begun before the operative date of section 27 of
this 2011 Act are transferred to the Health Evidence Review
Commission. For the purpose of succession to these rights and
obligations, the Health Evidence Review Commission is a
continuation of the Health Resources Commission and the Health
Services Commission and is not a new authority. + }

Enrolled House Bill 2100 (HB 2100-B)                      Page 13

  SECTION 32.  { + The Director of the Oregon Health Authority
may take any action before the operative date of section 27 of
this 2011 Act that is necessary to enable the Health Evidence
Review Commission to exercise, on and after the operative date of
section 27 of this 2011 Act, the duties, functions and powers of
the commission pursuant to section 27 of this 2011 Act. + }
  SECTION 33.  { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, reference is
made to the Health Resources Commission or the Health Services
Commission or an officer or employee of the Health Resources
Commission or the Health Services Commission, the reference is
considered to be a reference to the Health Evidence Review
Commission or an officer or employee of the Health Evidence
Review Commission. + }
  SECTION 34.  { + For the purpose of harmonizing and clarifying
statutory law, the Legislative Counsel may substitute for words
designating the 'Health Resources Commission' or the 'Health
Services Commission' or the officers of the Health Resources
Commission or the Health Services Commission, wherever they occur
in statutory law, words designating the 'Health Evidence Review
Commission' or its officers. + }
  SECTION 35.  { + Except as otherwise specifically provided in
section 32 of this 2011 Act, sections 22 to 30 of this 2011 Act
become operative on January 1, 2012. + }

                               { +
OREGON HEALTH AUTHORITY FINANCIAL ADMINISTRATION + }

  SECTION 36. { +  Notwithstanding any other provision of law,
federal laws shall govern the administration of federally granted
funds. The Director of the Oregon Health Authority may request a
waiver of any federal law in order to fully implement provisions
of state law using federally granted funds. + }
  SECTION 37.  { + (1) There is established an Oregon Health
Authority Special Checking Account in the State Treasury. Upon
the written request of the Director of the Oregon Health
Authority, the Oregon Department of Administrative Services shall
draw payments in favor of the authority to be charged against
appropriations and other moneys available to the authority in the
same manner as other claims against the state, as provided in ORS
chapter 293. All such payments shall be deposited in the special
checking account and may be disbursed by check or other means
acceptable to the State Treasurer.
  (2) The special checking account may be used for the purpose of
paying the administrative expenses of programs and services as
assigned to the authority by law, including the payment of
expenses to be reimbursed by the federal government.
  (3) In addition to funds authorized under ORS 293.180, the
authority may establish petty cash funds out of the special
checking account or any account established in the State Treasury
for the authority. The authority may pay expenses using small
cash disbursements from a petty cash fund. Periodically, the
authority shall request reimbursement for disbursements made from
a petty cash fund. Upon receipt of a reimbursement payment from
an appropriate account, the authority shall use the payment to
reimburse the petty cash fund. + }
  SECTION 38.  { + Notwithstanding any other law, the Oregon
Health Authority may, with the approval of the Oregon Department
of Administrative Services and the State Treasurer, combine or

Enrolled House Bill 2100 (HB 2100-B)                      Page 14

eliminate any accounts that are established in statute and
appropriated to the authority if economy and efficiency in
operations can be obtained and the combination or elimination of
accounts does not substantially alter the intent of the
authorizing statutes. When accounts are combined, the Oregon
Health Authority retains the authority granted by the statutes
establishing the accounts. + }
  SECTION 39.  { + The Oregon Department of Administrative
Services shall draw warrants in favor of the Oregon Health
Authority for the aggregate amounts of the authority's expenses.
The authority shall deposit the warrants in the State Treasury in
a checking account in reimbursement of those expenses. The
authority may draw its checks on the State Treasury in favor of
the persons, firms, corporations, associations or counties
entitled to payment under rules of the authority so as to include
in single combined payments for specified periods all moneys
allotted to particular payees from various sources for the
period. + }
  SECTION 40. { +  (1) On written request of the Oregon Health
Authority, the Oregon Department of Administrative Services shall
draw warrants on amounts appropriated to the authority for
operating expenses for use by the authority as a revolving fund.
The revolving fund may not exceed the aggregate sum of $100,000
including unreimbursed advances. The revolving fund shall be
deposited with the State Treasurer to be held in a special
account against which the authority may draw checks.
  (2) The revolving fund may be used by the authority:
  (a) To pay for or advance travel expenses for employees of the
authority and for any consultants or advisers for whom payment of
travel expenses is authorized by law;
  (b) For purchases required from time to time; or
  (c) For receipt or disbursement of federal funds available
under federal law.
  (3) All claims for reimbursement of amounts paid from the
revolving fund must be approved by the authority and by the
department. When such claims are approved, the department shall
draw a warrant covering them against the appropriate fund or
account in favor of the authority. The authority shall use the
moneys to reimburse the revolving fund. + }

                               { +
ADMINISTRATION OF HUMAN SERVICES + }

  SECTION 41.  { + (1) As used in this section:
  (a) 'Adult foster home' has the meaning given that term in ORS
443.705.
  (b) 'Health care facility' has the meaning given that term in
ORS 442.015.
  (c) 'Residential facility' has the meaning given that term in
ORS 443.400.
  (2) Every adult foster home, health care facility and
residential facility licensed or registered by the Oregon Health
Authority shall:
  (a) Adopt a plan to provide for the safety of persons who are
receiving care at or are residents of the home or facility in the
event of an emergency that requires immediate action by the staff
of the home or facility due to conditions of imminent danger that
pose a threat to the life, health or safety of persons who are
receiving care at or are residents of the home or facility; and

Enrolled House Bill 2100 (HB 2100-B)                      Page 15

  (b) Provide training to all employees of the home or facility
about the responsibilities of the employees to implement the plan
required by this section.
  (3) The authority shall adopt by rule the requirements for the
plan and training required by this section. The rules adopted
shall include, but are not limited to, procedures for the
evacuation of the persons who are receiving care at or are
residents of the adult foster home, health care facility or
residential facility to a place of safety when the conditions of
imminent danger require relocation of those persons. + }
  SECTION 42.  { + (1) As used in this section, 'family member '
means any individual related by blood, marriage or adoption to a
person whose cremated remains are in the possession of the Oregon
Health Authority.
  (2) Notwithstanding any other provision of law, the authority
shall disclose to the general public the name and the dates of
birth and death of a person whose cremated remains are in the
possession of the authority for the purpose of:
  (a) Giving a family member of the person an opportunity to
claim the cremated remains; or
  (b) Creating a memorial for those persons whose cremated
remains are not claimed.
  (3) If an individual contacts the authority to determine
whether the authority is in possession of the cremated remains of
a family member of the individual and the authority determines
that the authority is in possession of the cremated remains, the
authority shall disclose to the individual that the authority is
in possession of the cremated remains and offer the individual
the opportunity to claim the remains. + }
  SECTION 43.  { + Liquidated and delinquent debts owed to the
Oregon Health Authority may be set off against amounts owed by
the authority to the debtors. + }
  SECTION 44.  { + (1) Notwithstanding ORS 8.690, 9.160, 9.320 or
203.145 or ORS chapter 180 or other law, in any contested case
proceeding before the Oregon Health Authority, a corporation may
be represented by an attorney or by any officer or authorized
agent or employee of the corporation.
  (2) As used in this section, 'corporation' includes a public or
private corporation, whether or not organized for profit. + }
  SECTION 45.  { + (1) The Oregon Health Authority may accept
funds, money or other valuable things from relatives,
corporations or interested persons or organizations for the care
and support of needy persons and may expend the same for the care
and support of the individual or individuals for whom the moneys
were paid.
  (2) The authority may accept from individuals, corporations and
organizations contributions or gifts in cash or otherwise that
shall be disbursed in the same manner as moneys appropriated for
public assistance purposes, unless the donor of a gift stipulates
a different manner in which a gift must be expended. Moneys
received under this section shall be deposited with the State
Treasurer in an account separate and distinct from the General
Fund. Interest earned by the account shall be credited to the
account. Moneys in the account are continuously appropriated to
the department for the purposes specified in this section. + }
  SECTION 46.  { + All sums of money recovered by or paid to the
Oregon Health Authority as reimbursement for funds expended for
medical assistance shall be paid into the Oregon Health Authority
Fund established by ORS 413.031 and may be used for the provision
and administration of medical assistance. However, the United

Enrolled House Bill 2100 (HB 2100-B)                      Page 16

States Government is entitled to a share of any amount received
as its interest may appear, which shall be promptly paid to the
United States Government. + }
  SECTION 47.  { + In addition to its other powers, the Oregon
Health Authority may:
  (1) Enter into agreements with, join with or accept grants from
the federal government for cooperative research and demonstration
projects for health and health care purposes, including, but not
limited to, any project that:
  (a) Improves the lifelong health of Oregonians.
  (b) Aids in effecting coordination of planning between private
and public health and health care agencies of the state.
  (c) Improves the administration and effectiveness of programs
carried on or assisted by the authority.
  (2) With the cooperation and the financial assistance of the
federal government, train personnel employed or preparing for
employment by the authority. The training may be carried out in
any manner, including but not limited to:
  (a) Directly by the authority.
  (b) Indirectly through grants to public or other nonprofit
institutions of learning or through grants of fellowships.
  (c) Any other manner for which federal aid in support of the
training is available.
  (3) Subject to the allotment system provided for in ORS 291.234
to 291.260, expend the sums required to be expended for the
programs and projects described in subsections (1) and (2) of
this section. + }
  SECTION 48.  { + (1) The Oregon Health Authority shall adopt
and enforce rules governing the custody, use and preservation of
the records, papers, files and communications of the authority in
accordance with applicable privacy laws. The use of the records,
papers, files and communications is limited to the purposes for
which they are furnished and by the provisions of law under which
they may be furnished.
  (2) The records, papers, files and communications of the
authority may be maintained in a single or combined data system
accessible to the authority and to the Department of Human
Services for the administration of programs and the coordination
of functions shared by the authority and the department. + }
  SECTION 49.  { + (1) For the protection of applicants for and
recipients of public assistance, except as otherwise provided in
this section, the Oregon Health Authority may not disclose or use
the contents of any public assistance records, files, papers or
communications for purposes other than those directly connected
with the administration of the public assistance programs or
necessary to assist public assistance applicants and recipients
in accessing and receiving other governmental or private
nonprofit services, and these records, files, papers and
communications are considered confidential subject to the rules
of the authority. In any judicial or administrative proceeding,
except proceedings directly connected with the administration of
public assistance or child support enforcement, their contents
are considered privileged communications.
  (2) Nothing in this section prohibits the disclosure or use of
contents of records, files, papers or communications for purposes
directly connected with the establishment and enforcement of
support obligations pursuant to the Title IV-D of the Social
Security Act.
  (3) Nothing in this section prohibits the disclosure of the
address, Social Security number and photograph of any applicant

Enrolled House Bill 2100 (HB 2100-B)                      Page 17

or recipient to a law enforcement officer at the request of the
officer. To receive information pursuant to this section, the
officer must furnish the agency the name of the applicant or
recipient and advise that the applicant or recipient:
  (a) Is fleeing to avoid prosecution, custody or confinement
after conviction for a felony;
  (b) Is violating a condition of probation or parole; or
  (c) Has information that is necessary for the officer to
conduct the official duties of the officer and the location or
apprehension of the applicant or recipient is within such
official duties.
  (4) Nothing in this section prohibits disclosure of information
between the authority and the Department of Human Services for
the purpose of administering public assistance programs that the
authority and the department are responsible for
administering. + }
  SECTION 50.  { + (1) The Oregon Health Authority may serve a
notice described in ORS 183.415 by regular mail or, if requested
by the recipient of the notice, by electronic mail. The legal
presumption described in ORS 40.135 (1)(q) does not apply to a
notice that is served by regular mail under this section.
  (2) Except as provided in subsection (3) of this section, a
contested case notice served in accordance with subsection (1) of
this section that complies with ORS 183.415 but for service by
regular or electronic mail becomes a final order against a party
and is not subject to ORS 183.470 (2), upon the earlier of the
following:
  (a) If the party fails to request a hearing, the day after the
date prescribed in the notice as the deadline for requesting a
hearing.
  (b) The date the authority or the Office of Administrative
Hearings mails an order dismissing a hearing request because:
  (A) The party withdraws the request for hearing; or
  (B) Neither the party nor the party's representative appears on
the date and at the time set for hearing.
  (3) The authority shall prescribe by rule a period of not less
than 60 days after a notice becomes a final order under
subsection (2) of this section within which a party may request a
hearing under this subsection. If a party requests a hearing
within the period prescribed under this subsection, the authority
shall do one of the following:
  (a) If the authority finds that the party did not receive the
written notice and did not have actual knowledge of the notice,
refer the request for hearing to the Office of Administrative
Hearings for a contested case proceeding on the merits of the
authority's intended action described in the notice.
  (b) Refer the request for hearing to the Office of
Administrative Hearings for a contested case proceeding to
determine whether the party received the written notice or had
actual knowledge of the notice. The authority must show that the
party had actual knowledge of the notice or that the authority
mailed the notice to the party's correct address or sent an
electronic notice to the party's correct electronic mail address.
  (4) If a party informs the authority that the party did not
receive a notice served by regular or electronic mail in
accordance with subsection (1) of this section, the authority
shall advise the party of the right to request a hearing under
subsection (3) of this section. + }
  SECTION 50a.  { + (1) As used in this section:

Enrolled House Bill 2100 (HB 2100-B)                      Page 18

  (a) 'Care' means treatment, education, training, instruction,
placement services, recreational opportunities, support services
or case management, or the supervision of such services, for
clients of the Oregon Health Authority.
  (b) 'Subject individual' means a person who is:
  (A) Employed or who seeks to be employed by the authority to
provide care;
  (B) A volunteer or who seeks to be a volunteer to provide care
on behalf of the authority; or
  (C) Providing care or who seeks to provide care on behalf of
the authority.
  (2) The Oregon Health Authority may use abuse and neglect
reports, as defined in ORS 409.025, for the purpose of providing
protective services or screening subject individuals.
  (3) The authority shall adopt rules to carry out the provisions
of subsection (2) of this section.
  (4) The rules adopted in subsection (3) of this section may
include:
  (a) Notice and opportunity for due process for an employee of
the authority who is found to be unfit; and
  (b) Notice and opportunity for hearing in accordance with ORS
chapter 183 for a subject individual described in subsection
(1)(b)(C) of this section.
  (5) Reports used by the authority under this section are
confidential and may not be disclosed for any purpose other than
in accordance with this section or any other provision of
law. + }

                               { +
AMENDMENTS TO STATUTES + }

  SECTION 51. ORS 3.408 is amended to read:
  3.408. (1) The presiding judge of the judicial district may
assign to a family court department established under ORS 3.405
all of the following matters:
  (a) Proceedings under the provisions of ORS chapters 107, 108,
109 and 110;
  (b) Proceedings under the provisions of ORS chapter 25;
  (c) Guardianship proceedings for minors under the provisions of
ORS chapter 125;
  (d) Juvenile court proceedings under ORS chapters 419A, 419B
and 419C;
  (e) Proceedings to commit a person with a mental illness under
the provisions of ORS chapter 426   { - and ORS 430.397 to
430.401 - } ;
  (f) Probate proceedings under ORS chapters 111, 112, 113, 114,
115, 116 and 117; and
  (g) Any other proceeding in which a family is involved.
  (2) In addition to the matters specified in subsection (1) of
this section, the presiding judge of the judicial district may
assign to a family court department any criminal proceeding that
involves domestic violence or other crime between family members.
  SECTION 52. ORS 30.262 is amended to read:
  30.262. (1) The following facilities and training homes are
public bodies for the purposes of ORS 30.260 to 30.300:
  (a) A nonprofit residential training facility as defined in ORS
443.400, nonprofit residential training home as defined in ORS
443.400 or nonprofit facility as defined in ORS 427.005,
organized and existing under ORS chapter 65, that receives more
than 50 percent of its funding from the state or a political

Enrolled House Bill 2100 (HB 2100-B)                      Page 19

subdivision of the state for the purpose of providing residential
or vocational services to individuals with   { - mental
retardation or - } developmental disabilities.
  (b) A nonprofit residential training facility as defined in ORS
443.400, nonprofit residential training home as defined in ORS
443.400 or nonprofit facility as defined in ORS 427.005,
organized and existing under ORS chapter 65, that receives less
than 50 percent of its funding from the state or a political
subdivision of the state but that provides residential or
vocational services to individuals with   { - mental retardation
or - }  developmental disabilities, more than half of whom are
eligible for funding for services by the Department of Human
Services under criteria established by the department.
  (2) The provisions of this section apply only to a nonprofit
residential training facility, nonprofit residential training
home or nonprofit facility that provides services to individuals
with
  { - mental retardation or - }  developmental disabilities under
a contract with:
  (a) The Department of Human Services; or
  (b) A community mental health   { - and - }  { +  program or
community + } developmental disabilities program established
pursuant to ORS 430.620.
  SECTION 53. ORS 87.533 is amended to read:
  87.533. A lien created by ORS 87.503 shall not be enforced so
as to interfere with:
  (1) Any assets or income allowed to the community spouse or
dependent family member under 42 U.S.C. 1396r-5(d) or any rule of
the Department of Human Services { +  or the Oregon Health
Authority + }.
  (2) The priority given to the recovery of medical assistance
payments under ORS 115.125 (1)(i) or (j) or other medical
assistance claims under ORS { +  411.708, 411.795 and + } 416.350
 { - (2) and (3) - } .
  (3) The eligibility of a person for medical assistance or
entitlement to Medicaid assistance payments.
   { +  (4) The priority given to the recovery of cost of care
payments under ORS 115.125 (1)(k), 179.620 or 179.740. + }
  SECTION 54. ORS 93.268 is amended to read:
  93.268.  { + (1) As used in this section, 'encumbrance' has the
meaning given that term in ORS 411.692. + }
    { - (1) - }   { + (2) + } A title insurance company or agent
that discovers the presence of a request for notice of transfer
or encumbrance pursuant to ORS 411.694 in the deed and mortgage
records when performing a title search on real property shall:
  (a) Provide the   { - Department of Human Services - }  { +
state agency that filed the request + } with a notice of transfer
or encumbrance of the real property within 30 days of a transfer
or encumbrance that results in the issuance of a certificate of
title insurance; and
  (b) Disclose the presence of the request for notice of transfer
or encumbrance in any report preliminary to, or any commitment to
offer, a certificate of title insurance for the real property.
    { - (2) - }  { +  (3) + } If the Department of Human Services
 { + or the Oregon Health Authority + } has caused to be recorded
a termination of request for notice of transfer or encumbrance in
the deed and mortgage records, a title insurance company or agent
is no longer required to provide the notice of transfer or
encumbrance required by subsection   { - (1)(a) - }  { +
(2)(a) + } of this section for the affected real property.

Enrolled House Bill 2100 (HB 2100-B)                      Page 20

    { - (3) The Department of Human Services shall adopt by rule
a model form for notice of transfer or encumbrance required by
subsection (1)(a) of this section. A title insurance company or
agent shall use the model form or a form substantially similar to
the model form when notifying the department under subsection
(1)(a) of this section. - }
   { +  (4) A title insurance company or agent shall use the form
adopted under ORS 411.694 or a form substantially similar to that
form when providing the notice required by subsection (2)(a) of
this section. + }
  SECTION 55. ORS 106.045 is amended to read:
  106.045. (1) In addition to any other fees provided by law, the
county clerk shall collect a fee of $25 upon the application for
a marriage license.
  (2) The county clerk shall regularly pay over to the
 { - Oregon Health Authority - }  { +  Department of Human
Services + } all moneys collected under subsection (1) of this
section to be credited to the Domestic Violence Fund pursuant to
ORS 409.300.
  SECTION 56. ORS 106.330 is amended to read:
  106.330. (1) In addition to any other fees provided by law, the
county clerk shall collect a fee of $25 for registering a
Declaration of Domestic Partnership.
  (2) The county clerk shall regularly pay over to the
 { - Oregon Health Authority - }  { +  Department of Human
Services + } all moneys collected under subsection (1) of this
section to be credited to the Domestic Violence Fund pursuant to
ORS 409.300.
  SECTION 57. ORS 113.085 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
qualified person it finds suitable as personal representative,
giving preference in the following order:
  (a) The executor named in the will.
  (b) The surviving spouse of the decedent or the nominee of the
surviving spouse of the decedent.
  (c) The nearest of kin of the decedent or the nominee of the
nearest of kin of the decedent.
  (d) The Director of Human Services { +  or the Director of the
Oregon Health Authority + }, or an attorney approved   { - by the
director - } under ORS 113.086, if the decedent received public
assistance
  { - pursuant to ORS chapter 411 or received care at an
institution described in ORS 179.321 (1), - }  { +  as defined in
ORS 411.010 or received care at an institution described in ORS
179.321 (1) or (2) + } 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 ORS 113.086, 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) - }  { +  (e) + } The Department of Veterans'
Affairs, if the decedent was a protected person under ORS 406.050
(8), and the department has joined in the petition for such
appointment.
    { - (g) - }  { +  (f) + } Any other person.

Enrolled House Bill 2100 (HB 2100-B)                      Page 21

  (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 58. ORS 113.145 is amended to read:
  113.145. (1) Upon appointment a personal representative shall
deliver or mail to the devisees, heirs and the persons described
in ORS 113.035 (8) and (9) who were required to be named in the
petition for appointment of a personal representative, at the
addresses therein shown, information that shall include:
  (a) The title of the court in which the estate proceeding is
pending and the clerk's file number;
  (b) The name of the decedent and the place and date of the
death of the decedent;
  (c) Whether or not a will of the decedent has been admitted to
probate;
  (d) The name and address of the personal representative and the
attorney of the personal representative;
  (e) The date of the appointment of the personal representative;
  (f) A statement advising the devisee, heir or other interested
person that the rights of the devisee, heir or other interested
person may be affected by the proceeding and that additional
information may be obtained from the records of the court, the
personal representative or the attorney for the personal
representative;
  (g) If information under this section is required to be
delivered or mailed to a person described in ORS 113.035 (8), a
statement that the rights of the person in the estate may be
barred unless the person proceeds as provided in ORS 113.075
within four months of the delivery or mailing of the information;
and
  (h) If information under this section is required to be
delivered or mailed to a person described in ORS 113.035 (9), a
statement that the rights of the person in the estate may be
barred unless the person proceeds as provided in ORS 112.049
within four months of the delivery or mailing of the information.
  (2) If the personal representative is a devisee, heir or other
interested person named in the petition the personal
representative is not required to deliver or mail the information
under this section to the personal representative.
  (3) The failure of the personal representative to give
information under this section is a breach of duty to the persons

Enrolled House Bill 2100 (HB 2100-B)                      Page 22

concerned, but does not affect the validity of appointment,
duties or powers or the exercise of duties or powers.
  (4) Within 30 days after the date of appointment a personal
representative shall cause to be filed in the estate proceeding
proof of the delivery or mailing required by this section or a
waiver of notice as provided under ORS 111.225. The proof shall
include a copy of the information delivered or mailed and the
names of the persons to whom it was delivered or mailed.
  (5) If before the filing of the final account the personal
representative has actual knowledge that the petition did not
include the name and address of any person described in ORS
113.035 (4), (5), (7), (8) or (9), the personal representative
shall:
  (a) Make reasonable efforts under the circumstances to
ascertain each of those names and addresses;
  (b) Promptly deliver or mail information as described in
subsection (1) of this section to each of those persons located
after the filing of the petition and before the filing of the
final account; and
  (c) File in the estate proceeding, on or before filing the
final account under ORS 116.083, proof of compliance with this
subsection or a waiver of notice as provided under ORS 111.225.
  (6) Within 30 days after the appointment of a personal
representative, the personal representative must mail or deliver
the information specified in subsection (1) of this section and a
copy of the death certificate of the decedent to the Department
of Human Services and the Oregon Health Authority { +  or as
otherwise provided by rule adopted by the authority + }.
  SECTION 59. ORS 114.305 is amended to read:
  114.305. Subject to the provisions of ORS 97.130 (2) and except
as restricted or otherwise provided by the will of the decedent,
a document of anatomical gift under ORS 97.965 or by court order,
a personal representative, acting reasonably for the benefit of
interested persons, is authorized to:
  (1) Direct and authorize disposition of the remains of the
decedent pursuant to ORS 97.130 and incur expenses for the
funeral, burial or other disposition of the remains in a manner
suitable to the condition in life of the decedent. Only those
funeral expenses necessary for a plain and decent funeral and
disposition of the remains of the decedent may be paid from the
estate if the assets are insufficient to pay the claims of the
Department of Human Services  { + and the Oregon Health
Authority + } for the net amount of public assistance, as defined
in ORS 411.010, paid to or for the decedent and for care and
maintenance of any decedent who was at a state institution to the
extent provided in ORS 179.610 to 179.770.
  (2) Retain assets owned by the decedent pending distribution or
liquidation.
  (3) Receive assets from fiduciaries or other sources.
  (4) Complete, compromise or refuse performance of contracts of
the decedent that continue as obligations of the estate, as the
personal representative may determine under the circumstances. In
performing enforceable contracts by the decedent to convey or
lease real property, the personal representative, among other
courses of action, may:
  (a) Execute and deliver a deed upon satisfaction of any sum
remaining unpaid or upon receipt of the note of the purchaser
adequately secured; or
  (b) Deliver a deed in escrow with directions that the proceeds,
when paid in accordance with the escrow agreement, be paid to the

Enrolled House Bill 2100 (HB 2100-B)                      Page 23

successors of the decedent, as designated in the escrow
agreement.
  (5) Satisfy written pledges of the decedent for contributions,
whether or not the pledges constituted binding obligations of the
decedent or were properly presented as claims.
  (6) Deposit funds not needed to meet currently payable debts
and expenses, and not immediately distributable, in bank or
savings and loan association accounts, or invest the funds in
bank or savings and loan association certificates of deposit, or
federally regulated money-market funds and short-term investment
funds suitable for investment by trustees under ORS 130.750 to
130.775, or short-term United States Government obligations.
  (7) Abandon burdensome property when it is valueless, or is so
encumbered or is in a condition that it is of no benefit to the
estate.
  (8) Vote stocks or other securities in person or by general or
limited proxy.
  (9) Pay calls, assessments and other sums chargeable or
accruing against or on account of securities.
  (10) Sell or exercise stock subscription or conversion rights.
  (11) Consent, directly or through a committee or other agent,
to the reorganization, consolidation, merger, dissolution or
liquidation of a corporation or other business enterprise.
  (12) Hold a security in the name of a nominee or in other form
without disclosure of the interest of the estate, but the
personal representative is liable for any act of the nominee in
connection with the security so held.
  (13) Insure the assets of the estate against damage and loss,
and insure the personal representative against liability to third
persons.
  (14) Advance or borrow money with or without security.
  (15) Compromise, extend, renew or otherwise modify an
obligation owing to the estate. A personal representative who
holds a mortgage, pledge, lien or other security interest may
accept a conveyance or transfer of the encumbered asset in lieu
of foreclosure in full or partial satisfaction of the
indebtedness.
  (16) Accept other real property in part payment of the purchase
price of real property sold by the personal representative.
  (17) Pay taxes, assessments and expenses incident to the
administration of the estate.
  (18) Employ qualified persons, including attorneys, accountants
and investment advisers, to advise and assist the personal
representative and to perform acts of administration, whether or
not discretionary, on behalf of the personal representative.
  (19) Prosecute or defend actions, claims or proceedings in any
jurisdiction for the protection of the estate and of the personal
representative in the performance of duties as personal
representative.
  (20) Prosecute claims of the decedent including those for
personal injury or wrongful death.
  (21) Continue any business or venture in which the decedent was
engaged at the time of death to preserve the value of the
business or venture.
  (22) Incorporate or otherwise change the business form of any
business or venture in which the decedent was engaged at the time
of death.
  (23) Discontinue and wind up any business or venture in which
the decedent was engaged at the time of death.

Enrolled House Bill 2100 (HB 2100-B)                      Page 24

  (24) Provide for exoneration of the personal representative
from personal liability in any contract entered into on behalf of
the estate.
  (25) Satisfy and settle claims and distribute the estate as
provided in ORS chapters 111, 112, 113, 114, 115, 116 and 117.
  (26) Perform all other acts required or permitted by law or by
the will of the decedent.
  SECTION 60. ORS 115.125 is amended to read:
  115.125. (1) If the applicable assets of the estate are
insufficient to pay all expenses and claims in full, the personal
representative shall make payment in the following order:
  (a) Support of spouse and children, subject to the limitations
imposed by ORS 114.065.
  (b) Expenses of administration.
  (c) Expenses of a plain and decent funeral and disposition of
the remains of the decedent.
  (d) Debts and taxes with preference under federal law.
  (e) Reasonable and necessary medical and hospital expenses of
the last illness of the decedent, including compensation of
persons attending the decedent.
  (f) Taxes with preference under the laws of this state that are
due and payable while possession of the estate of the decedent is
retained by the personal representative.
  (g) Debts owed employees of the decedent for labor performed
within 90 days immediately preceding the date of death of the
decedent.
  (h) Child support arrearages.
  (i) The claim of the  { + Department of Human Services or
the + } Oregon Health Authority for the amount of the state's
monthly contribution to the federal government to defray the
costs of outpatient prescription drug coverage provided to a
person who is eligible for Medicare Part D prescription drug
coverage and who receives benefits under the state medical
assistance program or Title XIX of the Social Security Act.
  (j) The claim of the Department of Human Services  { + or the
Oregon Health Authority + } for the net amount of assistance paid
to or for the decedent, in the following order:
  (A) Public assistance, as defined in ORS 411.010, funded
entirely by moneys from the General Fund; and
  (B) Public assistance, as defined in ORS 411.010, funded by a
combination of state and federal funds.
  (k) The claim of the Department of Human Services or the Oregon
Health Authority for the care and maintenance of the decedent at
a state institution, as provided in ORS 179.610 to 179.770.
  (L) The claim of the Department of Corrections for care and
maintenance of any decedent who was at a state institution to the
extent provided in ORS 179.610 to 179.770.
  (m) All other claims against the estate.
  (2) If the applicable assets of the estate are insufficient to
pay in full all expenses or claims of any one class specified in
subsection (1) of this section, each expense or claim of that
class shall be paid only in proportion to the amount thereof.
  SECTION 61. ORS 115.195 is amended to read:
  115.195. (1) A claim that has been disallowed by the personal
representative may not be allowed by any court except upon some
competent, satisfactory evidence other than the testimony of the
claimant.
  (2) Notwithstanding subsection (1) of this section, claims for
recovery of public assistance as defined by ORS 411.010 may be
allowed based on evidence in the form of documents from the

Enrolled House Bill 2100 (HB 2100-B)                      Page 25

Department of Human Services  { + or the Oregon Health
Authority + } that contain information relating to that public
assistance, such as the date that services were provided to the
decedent, the classification of those services, the name of the
provider or the provider's identification number, and the amount
of the public assistance payment made for the services. The
documents may be prints obtained from microfilm or microfiche, or
printouts from computer records or other electronic storage
medium.  Notwithstanding ORS 40.460 and 40.510, a document
described in this subsection is prima facie evidence of the
information contained in the document and is not excluded from
introduction as hearsay, and extrinsic evidence of authenticity
of the document as a condition precedent to admissibility is not
required, if the document bears a seal that on its face is the
seal of the Director of Human Services or the designee of the
director { + , or the Director of the Oregon Health Authority or
the designee of the director, + } and:
  (a) For a print obtained from microfilm or microfiche, also
bears a statement indicating that the print is a true copy of the
microfilm or microfiche record, signed by a person who purports
to be an officer or employee of the department   { - of Human
Services - }  { +  or the authority + }; or
  (b) For a printout from computer records or other electronic
storage medium, also bears a statement indicating that the
printout accurately reflects the data retrieved, signed by a
person who purports to be an officer or employee of the
department
  { - of Human Services - }  { +  or the authority + }.
  SECTION 62. ORS 116.093 is amended to read:
  116.093. (1) Upon filing the final account and petition for a
judgment of distribution, the personal representative shall fix a
time for filing objections thereto in a notice thereof. Not less
than 20 days before the time fixed in the notice, the personal
representative shall cause a copy of the notice to be mailed to:
  (a) Each heir at the last-known address of the heir, if the
decedent died intestate.
  (b) Each devisee at the last-known address of the devisee, if
the decedent died testate.
  (c) Each creditor who has not received payment in full and
whose claim has not otherwise been barred.
  (d) Any other person known to the personal representative to
have or to claim an interest in the estate being distributed.
  (2) The notice need not be mailed to the personal
representative.
  (3) Proof of the mailing to those persons entitled to notice
shall be filed in the estate proceeding at or before approval of
the final account.
  (4) If the Department of Human Services has presented a claim
under ORS chapter 411 or ORS 416.310 to 416.340 { + , 416.350 + }
or 417.010 to 417.080, or the Oregon Health Authority has
presented a claim under ORS chapter 414 or ORS 416.310 to
416.340 { + , 416.350 + } or 416.510 to 416.990, or the
Department of Corrections has presented a claim under ORS 179.620
(3), and the claim has not been settled or paid in full, the
personal representative shall mail to the appropriate
 { - department - }   { + agency + } a copy of the final account
at the same time, and shall make proof of the mailing in the same
manner, as the notice provided for in this section.
   { +  (5) The Oregon Health Authority may adopt rules
designating the Department of Human Services as the appropriate

Enrolled House Bill 2100 (HB 2100-B)                      Page 26

department to receive the final account for claims presented by
the authority under subsection (4) of this section. + }
  SECTION 63. ORS 130.370 is amended to read:
  130.370. (1) Within three months after a petition is entered in
the register of the court under ORS 130.355, or within such
longer time as the court allows, a trustee must make reasonably
diligent efforts to investigate the financial records and affairs
of the settlor and to take such further actions as are reasonably
necessary to ascertain the identity and address of each person
who has or asserts a claim against the trust estate. The court
shall allow the trustee as much time as requested by the trustee
for the purpose of determining the claims against the trust
estate. The trustee must thereafter cause to be delivered or
mailed a notice containing the information required in subsection
(2) of this section   { - to each person known by the trustee to
have or to assert a claim against the trust estate and - }  to
the Department of Human Services and the Oregon Health
Authority { + , or as otherwise provided by rule adopted by the
authority, and to each person known by the trustee to have or to
assert a claim against the trust estate + }.  Notice under this
section is not required for any claim that has already been
presented, accepted or paid in full or on account of a claim that
is merely conjectural.
  (2) The notice required by this section must include:
  (a) The name of the settlor and the last four digits of the
settlor's Social Security number;
  (b) The name of the trustee and the address at which claims
must be presented;
  (c) A statement that claims against the trust estate that are
not presented to the trustee within 30 days after the date of the
notice may be barred;
  (d) The date of the notice, which shall be the date on which
the notice is delivered or mailed; and
  (e) A copy of the settlor's death certificate.
  SECTION 64. ORS 130.425 is amended to read:
  130.425. (1) Claims allowed against the trust estate under ORS
130.350 to 130.450 must be paid by the trustee in the following
order of priority:
  (a) Expenses of administering the trust estate.
  (b) Expenses of a plain and decent funeral and disposition of
the remains of the settlor.
  (c) Debts and taxes with preference under federal law.
  (d) Reasonable and necessary medical and hospital expenses of
the last illness of the settlor, including compensation of
persons attending the settlor.
  (e) Taxes with preference under the laws of this state that are
due and payable while possession of the trust estate of the
settlor is retained by the trustee.
  (f) Debts owed employees of the settlor for labor performed
within 90 days immediately preceding the date of death of the
settlor.
  (g) Child support arrearages.
  (h)   { - A claim - }  { +  Claims + } of the Department of
Human Services  { + and the Oregon Health Authority + } for the
net amount of public assistance, as defined in ORS 411.010.
  (i)   { - A claim - }  { +  Claims + } of the Department of
Human Services   { - or - }  { +  and + } the Oregon Health
Authority for the care and maintenance of any settlor who was a
patient at a state institution under ORS 179.610 to 179.770.
  (j) All other claims against the trust estate.

Enrolled House Bill 2100 (HB 2100-B)                      Page 27

  (2) If the assets of the trust estate are insufficient to pay
in full all expenses or claims of any one class specified in
subsection (1) of this section, each expense or claim of that
class shall be paid only in proportion to the amount thereof.
  SECTION 65. ORS 179.505 is amended to read:
  179.505. (1) As used in this section:
  (a) 'Disclosure' means the release of, transfer of, provision
of access to or divulgence in any other manner of information
outside the health care services provider holding the
information.
  (b) 'Health care services provider' means:
  (A) Medical personnel or other staff employed by or under
contract with a public provider to provide health care or
maintain written accounts of health care provided to individuals;
or
  (B) Units, programs or services designated, operated or
maintained by a public provider to provide health care or
maintain written accounts of health care provided to individuals.
  (c) 'Individually identifiable health information' means any
health information that is:
  (A) Created or received by a health care services provider; and
  (B) Identifiable to an individual, including demographic
information that identifies the individual, or for which there is
a reasonable basis to believe the information can be used to
identify an individual, and that relates to:
  (i) The past, present or future physical or mental health or
condition of an individual;
  (ii) The provision of health care to an individual; or
  (iii) The past, present or future payment for the provision of
health care to an individual.
  (d) 'Personal representative' includes but is not limited to:
  (A) A person appointed as a guardian under ORS 125.305,
419B.370, 419C.481 or 419C.555 with authority to make medical and
health care decisions;
  (B) A person appointed as a health care representative under
ORS 127.505 to 127.660 or a representative under ORS 127.700 to
127.737 to make health care decisions or mental health treatment
decisions; and
  (C) A person appointed as a personal representative under ORS
chapter 113.
  (e) 'Psychotherapy notes' means notes recorded in any medium:
  (A) By a mental health professional, in the performance of the
official duties of the mental health professional;
  (B) Documenting or analyzing the contents of conversation
during a counseling session; and
  (C) That are maintained separately from the rest of the
individual's record.
  (f) 'Psychotherapy notes' does not mean notes documenting:
  (A) Medication prescription and monitoring;
  (B) Counseling session start and stop times;
  (C) Modalities and frequencies of treatment furnished;
  (D) Results of clinical tests; or
  (E) Any summary of the following items:
  (i) Diagnosis;
  (ii) Functional status;
  (iii) Treatment plan;
  (iv) Symptoms;
  (v) Prognosis; or
  (vi) Progress to date.
  (g) 'Public provider' means:

Enrolled House Bill 2100 (HB 2100-B)                      Page 28

  (A) The Blue Mountain Recovery Center, the Eastern Oregon
Training Center and the Oregon State Hospital campuses;
  (B) Department of Corrections institutions as defined in ORS
421.005;
  (C) A contractor of the Department of Corrections, the
Department of Human Services or the Oregon Health Authority that
provides health care to individuals residing in a state
institution operated by the agencies;
  (D) A community mental health program or community
developmental disabilities program as described in ORS 430.610 to
430.695 and the public and private entities with which it
contracts to provide mental health or developmental disabilities
programs or services;
  (E) A program or service provided under ORS 431.250, 431.375 to
431.385 or 431.416;
  (F) A program or service established or maintained under ORS
430.630 { +  or section 174 of this 2011 Act + };
  (G) A program or facility providing an organized full-day or
part-day program of treatment that is licensed, approved,
established, maintained or operated by or contracted with the
Oregon Health Authority for alcoholism, drug addiction or mental
or emotional disturbance;
  (H) A program or service providing treatment by appointment
that is licensed, approved, established, maintained or operated
by or contracted with the authority for alcoholism, drug
addiction or mental or emotional disturbance; or
  (I) The impaired health professional program established under
ORS 676.190.
  (h) 'Written account' means records containing only
individually identifiable health information.
  (2) Except as provided in subsections (3), (4), (6), (7), (8),
(9), (11), (12), (14), (15), (16) and (17) of this section or
unless otherwise permitted or required by state or federal law or
by order of the court, written accounts of the individuals served
by any health care services provider maintained in or by the
health care services provider by the officers or employees
thereof who are authorized to maintain written accounts within
the official scope of their duties are not subject to access and
may not be disclosed. This subsection applies to written accounts
maintained in or by facilities of the Department of Corrections
only to the extent that the written accounts concern the medical,
dental or psychiatric treatment as patients of those under the
jurisdiction of the Department of Corrections.
  (3) If the individual or a personal representative of the
individual provides an authorization, the content of any written
account referred to in subsection (2) of this section must be
disclosed accordingly, if the authorization is in writing and is
signed and dated by the individual or the personal representative
of the individual and sets forth with specificity the following:
  (a) Name of the health care services provider authorized to
make the disclosure, except when the authorization is provided by
recipients of or applicants for public assistance to a
governmental entity for purposes of determining eligibility for
benefits or investigating for fraud;
  (b) Name or title of the persons or organizations to which the
information is to be disclosed or that information may be
disclosed to the public;
  (c) Name of the individual;
  (d) Extent or nature of the information to be disclosed; and

Enrolled House Bill 2100 (HB 2100-B)                      Page 29

  (e) Statement that the authorization is subject to revocation
at any time except to the extent that action has been taken in
reliance thereon, and a specification of the date, event or
condition upon which it expires without express revocation.
However, a revocation of an authorization is not valid with
respect to inspection or records necessary to validate
expenditures by or on behalf of governmental entities.
  (4) The content of any written account referred to in
subsection (2) of this section may be disclosed without an
authorization:
  (a) To any person to the extent necessary to meet a medical
emergency.
  (b) At the discretion of the responsible officer of the health
care services provider, which in the case of any Oregon Health
Authority facility or community mental health program is the
Director of the Oregon Health Authority, to persons engaged in
scientific research, program evaluation, peer review and fiscal
audits. However, individual identities may not be disclosed to
such persons, except when the disclosure is essential to the
research, evaluation, review or audit and is consistent with
state and federal law.
  (c) To governmental agencies when necessary to secure
compensation for services rendered in the treatment of the
individual.
  (5) When an individual's identity is disclosed under subsection
(4) of this section, a health care services provider shall
prepare, and include in the permanent records of the health care
services provider, a written statement indicating the reasons for
the disclosure, the written accounts disclosed and the recipients
of the disclosure.
  (6) The content of any written account referred to in
subsection (2) of this section and held by a health care services
provider currently engaged in the treatment of an individual may
be disclosed to officers or employees of that provider, its
agents or cooperating health care services providers who are
currently acting within the official scope of their duties to
evaluate treatment programs, to diagnose or treat or to assist in
diagnosing or treating an individual when the written account is
to be used in the course of diagnosing or treating the
individual.  Nothing in this subsection prevents the transfer of
written accounts referred to in subsection (2) of this section
among health care services providers, the Department of Human
Services, the Department of Corrections, the Oregon Health
Authority or a local correctional facility when the transfer is
necessary or beneficial to the treatment of an individual.
  (7) When an action, suit, claim, arbitration or proceeding is
brought under ORS 34.105 to 34.240 or 34.310 to 34.730 and
involves a claim of constitutionally inadequate medical care,
diagnosis or treatment, or is brought under ORS 30.260 to 30.300
and involves the Department of Corrections or an institution
operated by the department, nothing in this section prohibits the
disclosure of any written account referred to in subsection (2)
of this section to the Department of Justice, Oregon Department
of Administrative Services, or their agents, upon request, or the
subsequent disclosure to a court, administrative hearings
officer, arbitrator or other administrative decision maker.
  (8)(a) When an action, suit, claim, arbitration or proceeding
involves the Department of Human Services, the Oregon Health
Authority or an institution operated by the department or
authority, nothing in this section prohibits the disclosure of

Enrolled House Bill 2100 (HB 2100-B)                      Page 30

any written account referred to in subsection (2) of this section
to the Department of Justice, Oregon Department of Administrative
Services, or their agents.
  (b) Disclosure of information in an action, suit, claim,
nonlabor arbitration or proceeding is limited by the relevancy
restrictions of ORS 40.010 to 40.585, 183.710 to 183.725, 183.745
and 183.750 and ORS chapter 183. Only written accounts of a
plaintiff, claimant or petitioner shall be disclosed under this
paragraph.
  (c) Disclosure of information as part of a labor arbitration or
proceeding to support a personnel action taken against staff is
limited to written accounts directly relating to alleged action
or inaction by staff for which the personnel action was imposed.
  (9)(a) The copy of any written account referred to in
subsection (2) of this section, upon written request of the
individual or a personal representative of the individual, shall
be disclosed to the individual or the personal representative of
the individual within a reasonable time not to exceed five
working days. The individual or the personal representative of
the individual shall have the right to timely access to any
written accounts.
  (b) If the disclosure of psychiatric or psychological
information contained in the written account would constitute an
immediate and grave detriment to the treatment of the individual,
disclosure may be denied, if medically contraindicated by the
treating physician or a licensed health care professional in the
written account of the individual.
  (c) The Department of Corrections may withhold psychiatric or
psychological information if:
  (A) The information relates to an individual other than the
individual seeking it.
  (B) Disclosure of the information would constitute a danger to
another individual.
  (C) Disclosure of the information would compromise the privacy
of a confidential source.
  (d) However, a written statement of the denial under paragraph
(c) of this subsection and the reasons therefor must be entered
in the written account.
  (10) A health care services provider may require a person
requesting disclosure of the contents of a written account under
this section to reimburse the provider for the reasonable costs
incurred in searching files, abstracting if requested and copying
if requested. However, an individual or a personal representative
of the individual may not be denied access to written accounts
concerning the individual because of inability to pay.
  (11) A written account referred to in subsection (2) of this
section may not be used to initiate or substantiate any criminal,
civil, administrative, legislative or other proceedings conducted
by federal, state or local authorities against the individual or
to conduct any investigations of the individual. If the
individual, as a party to an action, suit or other judicial
proceeding, voluntarily produces evidence regarding an issue to
which a written account referred to in subsection (2) of this
section would be relevant, the contents of that written account
may be disclosed for use in the proceeding.
  (12) Information obtained in the course of diagnosis,
evaluation or treatment of an individual that, in the
professional judgment of the health care services provider,
indicates a clear and immediate danger to others or to society
may be reported to the appropriate authority. A decision not to

Enrolled House Bill 2100 (HB 2100-B)                      Page 31

disclose information under this subsection does not subject the
provider to any civil liability. Nothing in this subsection may
be construed to alter the provisions of ORS 146.750, 146.760,
419B.010, 419B.015, 419B.020, 419B.025, 419B.030, 419B.035,
419B.040 and 419B.045.
  (13) The prohibitions of this section apply to written accounts
concerning any individual who has been treated by any health care
services provider irrespective of whether or when the individual
ceases to receive treatment.
  (14) Persons other than the individual or the personal
representative of the individual who are granted access under
this section to the contents of a written account referred to in
subsection (2) of this section may not disclose the contents of
the written account to any other person except in accordance with
the provisions of this section.
  (15) Nothing in this section prevents the Department of Human
Services or the Oregon Health Authority from disclosing the
contents of written accounts in its possession to individuals or
agencies with whom children in its custody are placed.
  (16) The system described in ORS 192.517 (1) shall have access
to records, as defined in ORS 192.515, as provided in ORS
192.517.
  (17)(a) Except as provided in paragraph (b) of this subsection,
a health care services provider must obtain an authorization from
an individual or a personal representative of the individual to
disclose psychotherapy notes.
  (b) A health care services provider may use or disclose
psychotherapy notes without obtaining an authorization from the
individual or a personal representative of the individual to
carry out the following treatment, payment and health care
operations:
  (A) Use by the originator of the psychotherapy notes for
treatment;
  (B) Disclosure by the health care services provider for its own
training program in which students, trainees or practitioners in
mental health learn under supervision to practice or improve
their skills in group, joint, family or individual counseling; or
  (C) Disclosure by the health care services provider to defend
itself in a legal action or other proceeding brought by the
individual or a personal representative of the individual.
  (c) An authorization for the disclosure of psychotherapy notes
may not be combined with an authorization for a disclosure of any
other individually identifiable health information, but may be
combined with another authorization for a disclosure of
psychotherapy notes.
  SECTION 66. ORS 179.560 is amended to read:
  179.560. (1) There is established in the   { - Department of
Human Services - }  { +  Oregon Health Authority + } the Oregon
State Hospital Advisory Board, consisting of 16 members. Two
nonvoting members shall be from the Legislative Assembly, one
appointed by the President of the Senate and one appointed by the
Speaker of the House of Representatives. Fourteen members shall
be appointed by the Governor and be subject to confirmation by
the Senate in the manner prescribed in ORS 171.562 and 171.565
and shall include the following:
  (a) Three voting members who are individuals who advocate for
or provide representation to individuals with mental illness;
  (b) Three voting members who are health care professionals who
have experience working with individuals with mental illness;

Enrolled House Bill 2100 (HB 2100-B)                      Page 32

  (c) Two voting members who are or have been consumers of mental
health services, at least one of whom is a former patient of the
Oregon State Hospital located in Salem, Marion County;
  (d) One voting member who is a member of the family of a
consumer of mental health services;
  (e) Two voting members who are members of the general public
who live in the vicinity of the Oregon State Hospital located in
Salem, Marion County; and
  (f) Three nonvoting members who are members of a public
employee bargaining unit and who are employed by the Oregon State
Hospital located in Salem, Marion County, as follows:
  (A) One individual to represent board-certified physicians;
  (B) One individual to represent board-certified nursing staff;
and
  (C) One individual to represent direct care services staff.
  (2) Members appointed by the Governor shall serve four-year
terms, but a member serves at the pleasure of the Governor.
Before the expiration of the term of a member appointed by the
Governor, the Governor shall appoint a successor whose term
begins on July 1 next following. A member is eligible for
reappointment.
  (3) Members of the board appointed by the President of the
Senate and the Speaker of the House of Representatives shall
serve two-year terms.
  (4) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective for the unexpired term.
  (5) The Governor shall select one of the voting members of the
Oregon State Hospital Advisory Board as chairperson and another
as vice chairperson, for such terms and with duties and powers
necessary for the performance of the functions of such offices as
the Governor determines.
  (6) A majority of the voting members of the board constitutes a
quorum for the transaction of business.
  (7) The board shall meet at times and places specified by the
call of the chairperson or of a majority of the members of the
board.
  (8) The   { - Department of Human Services - }  { +  Oregon
Health Authority + } shall provide staff support to the board.
  (9) A voting member of the board may not individually or in a
fiduciary capacity have a financial interest in the Oregon State
Hospital located in Salem, Marion County.
  SECTION 67. ORS 179.570 is amended to read:
  179.570. The Oregon State Hospital Advisory Board established
by ORS 179.560:
  (1) Shall periodically conduct a comprehensive review of
federal and state laws concerning, and administrative rules,
policies, procedures and protocols of the Oregon State Hospital
related to, the safety, security and care of patients;
  (2) May make recommendations directly to the superintendent of
the Oregon State Hospital, the Director of   { - Human
Services - }  { +  the Oregon Health Authority + }, the
Legislative Assembly or interim committees of the Legislative
Assembly concerning:
  (a) Federal and state laws concerning, and administrative
rules, policies, procedures and protocols of the hospital related
to, the safety, security and care of patients;
  (b) Performance measures related to the safety, security and
care of patients;

Enrolled House Bill 2100 (HB 2100-B)                      Page 33

  (c) Goals for improvement in the safety, security and care of
patients of the hospital and improvements that are under way; and
  (d) Potential legislative proposals or budget packages related
to the hospital; and
  (3) Shall report annually to an appropriate committee of the
Legislative Assembly regarding the activities of the board.
  SECTION 68. ORS 181.735 is amended to read:
  181.735. (1)(a) The Department of State Police shall create and
maintain a medical health database within the Law Enforcement
Data System in order to provide law enforcement agencies with
information to help the agencies assist persons with a qualifying
illness or condition in obtaining medical, mental health and
social services.
  (b) The department shall provide each community mental health
 { +  program director + } and  { + each community + }
developmental disabilities program director with the ability to
input and remove data from the medical health database.
  (c) The medical health database may not be accessible to any
person who is not employed by a community mental health
 { - and - }  { +  program, community + } developmental
disabilities program or a law enforcement agency as defined in
ORS 181.010.
  (2) Not later than seven days after receiving a completed
enrollment form described in subsection (6)(a) of this section, a
  { - community mental health and developmental disabilities
program - } director shall enter an individual's information into
the medical health database if the director:
  (a) Has verified that the individual has a qualifying illness
or condition; and
  (b) Has obtained the express written consent of:
  (A) The individual;
  (B) A person authorized to make medical decisions for the
individual, if the individual is subject to a guardianship,
advanced directive for health care, declaration for mental health
treatment or power of attorney that authorizes the person to make
medical decisions for the individual; or
  (C) A parent of the individual, if the individual is under 14
years of age.
  (3) To be valid, the express written consent described in
subsection (2)(b) of this section must be witnessed by at least
two adults as follows:
  (a) Each witness shall witness either the signing of the
instrument by the individual or the person described in
subsection (2)(b)(B) or (C) of this section, or the individual's
or person's acknowledgment of the signature of the individual or
person.
  (b) At least one witness shall be a person who is not:
  (A) A relative of the individual by blood, marriage or
adoption; or
  (B) An owner, operator or employee of a health care facility in
which the individual is a patient or resident.
  (c) The individual's primary care physician or mental health
service provider, or any relative of the physician or provider,
may not be a witness.
  (4)   { - The community mental health and developmental
disabilities program - }  { +  A + } director shall destroy the
completed enrollment form and remove an individual's information
from the medical health database:
  (a) If the director receives a completed revocation of consent
form described in subsection (6)(b) of this section, signed by

Enrolled House Bill 2100 (HB 2100-B)                      Page 34

the individual or a person described in subsection (2)(b)(B) or
(C) of this section;
  (b) If the individual or a person described in subsection
(2)(b)(B) of this section provides the director with a court
order or other document demonstrating that the person no longer
has the authority to make medical decisions for the individual;
  (c) When an individual for whom consent was obtained under
subsection (2)(b)(C) of this section becomes 14 years of age; or
  (d) Three years from the date on which the individual's
information was entered into the database.
  (5) Not less than 90 days prior to removing an individual from
the medical health database under subsection (4)(c) or (d) of
this section,   { - the - }  { +  a + } director shall provide
notice of the impending removal to the individual and the person
described in subsection (2)(b)(B) or (C) of this section.
  (6) The   { - Department of Human Services - }  { +  Oregon
Health Authority + } shall develop:
  (a) An enrollment form that allows for the collection of
information to be entered into the medical health database, and
that clearly states that consent by the individual or a person
described in subsection (2)(b)(B) or (C) of this section is
voluntary, revocable and is not a precondition for receiving
medical care or mental health treatment or for discharge from a
facility or program.
  (b) A revocation of consent form that allows an individual or a
person described in subsection (2)(b)(B) or (C) of this section
to revoke the consent to include the individual's information in
the medical health database.
  (7) The medical health database must contain the following
information:
  (a) The individual's name, date of birth, last known address
and physical description;
  (b) Any pertinent information related to the individual's
illness or condition, including related symptoms, that may assist
law enforcement agencies in carrying out the purposes of this
section;
  (c) The date on which the information was first entered into
the medical health database and the date of any subsequent
updates; and
  (d) Contact information for at least two of the following
persons:
  (A) The individual's primary care physician;
  (B) The individual's case manager in the community mental
health   { - and - }  { +  program or the community + }
developmental disabilities program;
  (C) A probation officer;
  (D) A family member; or
  (E) Any other person willing to serve as an emergency contact
person for the individual.
  (8) Each   { - community mental health and developmental
disabilities program - }  director shall provide the local public
safety coordinating council described in ORS 423.560 with an
annual report on the use of the medical health database. The
report may not include personally identifiable information that
is contained in the medical health database.
  (9) As used in this section:
  (a) 'Community mental health  { + program director' + } and
 { +  ' community + } developmental disabilities program director
'
  { - includes - }  { +  include + } a designee of the director.

Enrolled House Bill 2100 (HB 2100-B)                      Page 35

  (b) 'Dementia' means the progressive deterioration of
intellectual functioning and other cognitive skills, including
but not limited to aphasia, apraxia, memory, agnosia and
executive functioning, that leads to a significant impairment in
social or occupational function and that represents a significant
decline from a previous level of functioning.
  (c) 'Developmental disability' has the meaning given that term
in ORS 40.460 (18a)(d).
  (d) 'Qualifying illness or condition' means:
  (A) Dementia;
  (B) A developmental disability;
  (C) An Axis I diagnosis that is described in the Diagnostic and
Statistical Manual of Mental Disorders published by the American
Psychiatric Association; or
  (D) A physical or behavioral disorder that causes
disorientation or otherwise may impede an individual's ability to
interact effectively with a law enforcement officer.
  SECTION 68a. ORS 185.140 is amended to read:
  185.140. (1) The Oregon Disabilities Commission shall:
  (a) Advise the Department of Human Services,  { + the Oregon
Health Authority, + } the Governor, the Legislative Assembly and
appropriate state agency administrators on services and resources
needed to serve individuals with disabilities and recommend
action by the Governor, the Legislative Assembly, state agencies,
other governmental entities and the private sector appropriate to
meet such needs.
  (b) Advise the Governor, state and local elected officials and
managers of public and private firms and agencies on issues
related to achieving full economic, social, legal and political
equity for individuals with disabilities.
  (2) The commission in no way shall impinge upon the authority
or responsibilities of any other existing or duly appointed
commissions, boards, councils or committees. The commission shall
act as a coordinating link between and among public and private
organizations serving individuals with disabilities.
  SECTION 69. ORS 238.082 is amended to read:
  238.082. (1) Subject to the limitations in this section, any
public employer may employ any member who is retired for service
if the administrative head of the public employer is satisfied
that such employment is in the public interest.
  (2) Except as provided in this section, the period or periods
of employment by one or more public employers of a retired member
who is reemployed under this section may not total 1,040 hours or
more in any calendar year.
  (3) A retired member who is receiving old-age, survivors or
disability insurance benefits under the federal Social Security
Act may be employed under this section for the number of hours
permitted by subsection (2) of this section, or for the number of
hours for which the salary equals the maximum allowed for receipt
of the full amount of those benefits to which the person is
entitled, whichever is greater.
  (4) Except as provided in subsection (9) of this section, the
limitations on employment imposed by subsections (2) and (3) of
this section do not apply to a retired member who is employed as
a teacher or as an administrator, as those terms are defined in
ORS 342.120, if the retired member is employed by a school
district or community college district located within a county
with a population of not more than 35,000 inhabitants according
to the latest federal decennial census, or is employed by an
education service district and the retired member's primary work

Enrolled House Bill 2100 (HB 2100-B)                      Page 36

duties are performed in a county with a population of not more
than 35,000 inhabitants according to the latest federal decennial
census. A retired member who is employed under this subsection as
a teacher, as defined in ORS 342.120, by the same public employer
that employed the member at the time of retirement remains in the
same collective bargaining unit that included the member before
retirement.
  (5) Except as provided in subsection (9) of this section, the
limitations on employment imposed by subsections (2) and (3) of
this section do not apply to a retired member who is employed:
  (a) By the sheriff of a county with a population of fewer than
75,000 inhabitants, according to the latest federal decennial
census;
  (b) By the municipal police department of a city with a
population of fewer than 15,000 inhabitants, according to the
latest federal decennial census;
  (c) By the state or a county for work in a correctional
institution located in a county with a population of fewer than
75,000 inhabitants, according to the latest federal decennial
census;
  (d) By the Black Butte Ranch Rural Fire Protection District,
the Black Butte Ranch Service District or the Sunriver Service
District;
  (e) By the Oregon State Police for work in a county with a
population of fewer than 75,000 inhabitants, according to the
latest federal decennial census;   { - or - }
  (f) As a deputy director or assistant director of the
Department of Human Services, if the Governor approves the
exemption for the person from the limitations on employment
imposed in subsections (2) and (3) of this section  { - . - }
 { + ; or
  (g) As a deputy director or assistant director of the Oregon
Health Authority, if the Governor approves the exemption for the
person from the limitations on employment imposed in subsections
(2) and (3) of this section. + }
  (6) Except as provided in subsection (9) of this section, the
limitations on employment imposed by subsections (2) and (3) of
this section do not apply to a retired member who is employed to
temporarily replace an employee who serves in the National Guard
or in a reserve component of the Armed Forces of the United
States and who is called to federal active duty.
  (7) Except as provided in subsection (9) of this section, the
limitations on employment imposed by subsections (2) and (3) of
this section do not apply to a retired member who is employed by
a road assessment district organized under ORS 371.405 to
371.535.
  (8) Except as provided in subsection (9) of this section, the
limitations on employment imposed by subsections (2) and (3) of
this section do not apply to a retired member who is a nurse and
is employed by a public employer as a nurse or for the purpose of
teaching nursing during the period in which a nursing workforce
shortage declared by the Legislative Assembly or the Governor is
in effect.
  (9)(a) Except as provided in paragraph (b) of this subsection,
subsections (4) to (8) of this section do not apply to any member
who retires under the provisions of ORS 238.280 (1), (2) or (3).
  (b) Subsection (4) of this section applies to a person who
retires under the provisions of ORS 238.280 (1), (2) or (3) as
long as the person's date of retirement is more than six months

Enrolled House Bill 2100 (HB 2100-B)                      Page 37

before the date the person is employed under subsection (4) of
this section.
  (10) Employment under this section does not affect the status
of a person as a retired member of the system and a recipient of
retirement benefits under this chapter.
  (11) Hours worked by a person employed under subsections (4) to
(8) of this section shall not be counted for the purpose of the
limitations on employment imposed by subsections (2) and (3) of
this section.
  SECTION 70. ORS 243.061 is amended to read:
  243.061. (1) There is created in the Oregon   { - Department of
Administrative Services - }  { +  Health Authority + } the Public
Employees' Benefit Board consisting of eight voting members and
two members of the Legislative Assembly as nonvoting advisory
members. Two of the voting members are ex officio members and six
are appointed by the Governor. The voting members shall be:
  (a) Four members representing the state as an employer and
management employees, who shall be as follows:
  (A) The Director of the Oregon   { - Department of
Administrative Services - }  { +  Health Authority + } or a
designee of the director;
  (B) The Administrator of the Office for Oregon Health Policy
and Research or a designee of the administrator; and
  (C) Two management employees appointed by the Governor from
areas of state government other than the Oregon   { - Department
of Administrative Services - }  { +  Health Authority + } or the
Office for Oregon Health Policy and Research; and
  (b) Four members appointed by the Governor and representing
nonmanagement representable employees, who shall be as follows:
  (A) Two persons from the largest employee representative unit;
  (B) One person from the second largest employee representative
unit; and
  (C) One person from representable employees not represented by
employee representative units described in subparagraphs (A) and
(B) of this paragraph.
  (2) One member of the Senate shall be appointed by the
President of the Senate and one member of the House of
Representatives shall be appointed by the Speaker of the House to
serve as nonvoting advisory members.
  (3) The term of office of each appointed voting member is four
years, but an appointed voting member serves at the pleasure of
the Governor. Before the expiration of the term of a voting
member appointed by the Governor, the Governor shall appoint a
successor to take office upon the date of that expiration. A
member is eligible for reappointment. If there is a vacancy for
any cause, the Governor shall make an appointment to become
immediately effective for the unexpired term.
  (4) The appointments by the Governor of voting members of the
board are subject to confirmation by the Senate in the manner
prescribed in ORS 171.562 and 171.565.
  (5) Members of the board who are not members of the Legislative
Assembly shall receive no compensation for their services, but
shall be paid for their necessary and actual expenses while on
official business in accordance with ORS 292.495. Members of the
board who are members of the Legislative Assembly shall be paid
compensation and expense reimbursement as provided in ORS
171.072, payable from funds appropriated to the Legislative
Assembly.
  SECTION 71. ORS 243.145 is amended to read:

Enrolled House Bill 2100 (HB 2100-B)                      Page 38

  243.145. (1) The Public Employees' Benefit Board shall have
authority to employ whatever means are reasonably necessary to
carry out the purposes of ORS 243.105 to 243.285 and 292.051.
Such authority shall include but is not limited to authority to
self-insure and to seek clarification, amendment, modification,
suspension or termination of any agreement or contract that in
the board's judgment requires such action.
  (2) Upon providing specific notice in writing to the carrier,
the affected employee organization or organizations, the Oregon
  { - Department of Administrative Services - }  { +  Health
Authority + } and affected, eligible employees, and after
affording opportunity for a public hearing upon the issues that
may be involved, the board may enter an order withdrawing
approval of any benefit plan.  Thirty days after entry of the
order, the board shall terminate all withholding authorizations
of eligible employees and terminate all board-approved
participation in the plan.
  (3) The board by order may terminate the participation of any
state agency if within three months the state agency fails to
perform any action required by ORS 243.105 to 243.285 and 292.051
or by board rule.
  SECTION 72. ORS 243.862 is amended to read:
  243.862. (1) There is established in the Oregon
 { - Department of Administrative Services - }  { +  Health
Authority + } an Oregon Educators Benefit Board consisting of 10
members appointed by the Governor, including:
  (a) Two members representing district boards;
  (b) Two members representing district management;
  (c) Two members representing nonmanagement district employees
from the largest labor organization representing district
employees;
  (d) One member representing nonmanagement district employees
from the second largest labor organization representing district
employees;
  (e) One member representing nonmanagement district employees
who are not represented by labor organizations described in
paragraphs (c) and (d) of this subsection; and
  (f) Two members with expertise in health policy or risk
management.
  (2) The term of office of each member is four years, but a
member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a
successor to take office upon the date of that expiration. A
member is eligible for reappointment. If there is a vacancy for
any cause, the Governor shall make an appointment to become
immediately effective for the unexpired term.
  (3) A member of the board is not entitled to compensation, but
may be reimbursed from funds available to the board for actual
and necessary travel and other expenses incurred by the member in
the performance of the member's official duties in the manner and
amount provided in ORS 292.495.
  (4) The board shall select one of its members as chairperson
and another as vice chairperson, for such terms and with duties
and powers necessary for the performance of the functions of such
offices as the board determines.
  (5) A majority of the members of the board constitutes a quorum
for the transaction of business.
  (6) The board shall meet at times and places specified by the
call of the chairperson or of a majority of the members of the
board.

Enrolled House Bill 2100 (HB 2100-B)                      Page 39

  (7) Appointments of members to the board by the Governor are
subject to confirmation by the Senate in the manner prescribed in
ORS 171.562 and 171.565.
  SECTION 73. ORS 243.878 is amended to read:
  243.878. (1) The Oregon Educators Benefit Board may employ
whatever means are reasonably necessary to carry out the purposes
of ORS 243.860 to 243.886. This authority includes, but is not
limited to, authority to self-insure and to seek clarification,
amendment, modification, suspension or termination of any
agreement or contract.
  (2) Upon providing specific notice in writing to the carrier,
the affected labor organization or organizations, the districts,
the Oregon   { - Department of Administrative Services - }  { +
Health Authority + } and the affected eligible employees, and
after affording opportunity for a public hearing on the issues
that may be involved, the board may enter an order withdrawing
approval of a benefit plan. Thirty days after entry of the order,
the board shall terminate all withholding authorizations of
eligible employees and terminate all board-approved participation
in the plan.
  (3) The board by order may terminate the participation of a
district in a benefit plan if, within three months, the district
fails to perform an action required by ORS 243.860 to 243.886 or
by board rule.
  SECTION 73a. ORS 279A.050 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:
  (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

Enrolled House Bill 2100 (HB 2100-B)                      Page 40

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  { + and construction materials, equipment and
supplies + } for the authority's institutions and the procurement
of goods, services { + , + }
  { - and - }  personal services { + , construction materials,
equipment and supplies + } 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;
  (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;
  (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;
  (e) The Oregon Department of Aviation 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 Department of Aviation;
  (f) The Oregon Business 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;
  (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);
  (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;
  (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;

Enrolled House Bill 2100 (HB 2100-B)                      Page 41

  (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;
  (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;
  (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
  (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 (k) of this section under which more than
one state agency may order goods, services or personal services
and { + , except for contracts procured by the Oregon Health
Authority, + } 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 (k) of this section may
not establish a price agreement or enter into a contract for
goods, services { + , + }   { - or - } personal services { + ,
construction materials, equipment or supplies + } without the
approval of the director if the director has established a price
agreement for the goods, services or personal services.
  SECTION 74. ORS 292.051 is amended to read:
  292.051. (1) Except as authority over contracts for health
benefit plans described in ORS 243.135 is vested in the Public
Employees' Benefit Board, upon receipt of the request in writing
of an officer or employee so to do, the state official authorized
to disburse funds in payment of the salary or wages of the
officer or employee may deduct from the salary or wages of the
officer or employee an amount of money indicated in the request
for payment of the applicable amount set forth in benefit plans
selected by the officers or employees or in their behalf for:
  (a) Group life insurance, including life insurance for
dependents of officers or employees.
  (b) Group dental and related services and supplies, or any
other remedial care recognized by state law and related services
and supplies, other than medical, surgical or hospital care,
recognized under state law, including such insurance for
dependents of state officers or employees.
  (c) Group indemnity insurance for accidental death and
dismemberment and for loss of income due to accident, sickness or
other disability, including such insurance for dependents of
state officers or employees.

Enrolled House Bill 2100 (HB 2100-B)                      Page 42

  (d) Automobile casualty insurance under a monthly payroll
deduction program endorsed or offered by an employee organization
representing 500 or more state employees. Membership in the
employee organization is not a requirement for participation in
this program.
  (e) Legal insurance under a monthly payroll deduction program
endorsed or offered by an employee organization representing 500
or more state employees.
  (f) Self-insurance programs that are approved and provided by
the Public Employees' Benefit Board.
  (2) The Oregon   { - Department of Administrative Services - }
 { +  Health Authority + } may establish and collect a fee to
cover costs of administering this section.
  (3) No state official authorized to disburse funds in payment
of salaries or wages is required to make deductions as authorized
by subsection (1) of this section for more than one benefit plan
of the type referred to in each of the paragraphs in subsection
(1) of this section per eligible employee.
  (4) Moneys deducted under subsection (1) of this section shall
be paid over promptly:
  (a) To the insurance companies, agencies or hospital
associations, or persons responsible for payment of premiums to
the companies, agencies or associations, in accordance with the
terms of the contracts made by the officers or employees or in
their behalf; or
  (b) With respect to self-insurance benefits, in accordance with
rules, procedures and directions of the Public Employees' Benefit
Board.
  (5) As used in this section, 'officer or employee' means all
persons who receive salaries or wages disbursed by any state
official.
  SECTION 75. ORS 343.243 is amended to read:
  343.243. (1) Each school year, the Department of Education
shall receive an amount, as calculated under this section, from
the State School Fund to pay the costs of educating children in
programs under ORS 343.261, 343.961 and 346.010.
  (2) To meet the requirements of ORS 343.261, the department
shall receive from the State School Fund an amount that is equal
to the product of the following:
  (a) The average net operating expenditure per student of all
school districts during the preceding school year; and
  (b) The number of slots available for students in the hospital
programs under ORS 343.261, as determined by the department for
the school year.
  (3) To meet the requirements of ORS 343.961, the department
shall receive from the State School Fund an amount that is equal
to the product of the following:
  (a) The average net operating expenditure per student of all
school districts during the preceding school year; and
  (b) The number of slots available for students in long-term
care and treatment programs under ORS 343.961, as reported to the
Department of Education by { +  the Oregon Health Authority, + }
the Department of Human Services and the Oregon Youth Authority
for the school year.
  (4) To meet the requirements of ORS 346.010, the Department of
Education shall receive from the State School Fund an amount that
is equal to the product of the following:
  (a) The average net operating expenditure per student of all
school districts during the preceding school year; and

Enrolled House Bill 2100 (HB 2100-B)                      Page 43

  (b) The resident average daily membership of students enrolled
in a program under ORS 346.010 for one-half of the school day or
more, exclusive of preschool children covered by ORS 343.533.
  (5) The children covered by this section shall be enumerated in
the average daily membership of the district providing the
instruction but the district may not accrue credit for days'
attendance of such children for the purpose of distributing state
school funds.
  (6) The liability of a district shall not exceed the amount
established under this section even if the child is otherwise
subject to ORS 336.575 and 336.580.
  (7) The department shall credit amounts received from the State
School Fund under this section to the appropriate subaccount in
the Special Education Account.
  SECTION 76. ORS 343.507 is amended to read:
  343.507. (1) Each contractor for early childhood special
education and early intervention services shall assist in the
development of a local early intervention interagency advisory
council in every county within the contractor's service area.
  (2) Each local early intervention interagency advisory council
shall include as members at least 20 percent parents of preschool
children with disabilities, 20 percent providers of early
childhood special education and early intervention services or
other services to preschool children with disabilities, a
representative of the State Commission on Children and Families
and representatives from public and private agencies that serve
young children and their families, including but not limited to
Head Start and Oregon prekindergartens, community child care, the
Child Care Division of the Employment Department, local school
districts, education service districts, Department of Education
regional special education programs, community mental health
 { - and - }  { +  programs, community + } developmental
disabilities programs, Department of Human Services health
programs, child welfare programs and public assistance programs,
Indian education agencies, migrant programs serving young
children and community colleges.
  (3) Each local early intervention interagency advisory council
shall select its own chairperson and vice chairperson and fix the
duties of its officers.
  (4) The department shall establish procedures pursuant to rules
of the State Board of Education for seeking and considering local
council advice regarding the selection of contractors,
coordination of services and procedures for local resolution of
disputes.
  SECTION 77. ORS 343.961 is amended to read:
  343.961. (1) The Department of Education shall be responsible
for payment of the cost of the education in programs with which
the Oregon Health Authority { + , the Department of Human
Services + } or  { +  the + } Oregon Youth Authority contracts
for long-term care or treatment. Programs eligible for such
education shall be in accordance with criteria adopted by rule by
the State Board of Education.
  (2) The Department of Education shall be responsible for
payment of the costs of such education by contract with the
school district, excluding transportation, care, treatment and
medical expenses. The resident district shall provide
transportation to pupils enrolled in programs under ORS 430.715
who live at home but require day treatment. The payments may be
made to the school district or, at the discretion of the school
district, to the district providing the education, as set forth

Enrolled House Bill 2100 (HB 2100-B)                      Page 44

in subsection (3) of this section, from the funds appropriated
for the purpose.
  (3) The school district in which the agency is located is
responsible for providing the education directly or through an
adjacent school district or through the education service
district in which the program is located or one contiguous
thereto. The instruction may be given in facilities of such
districts or in facilities provided by such agency.
  (4) The school district may request the Department of Education
to combine several private agency school programs into one
contract with a school district, an adjacent school district or
an education service district.
  (5) The  { + Oregon Health Authority, the Department of Human
Services or the + } Oregon Youth Authority shall give the school
district providing the education at a treatment program 14 days'
notice { + , to the extent practicable, + } before a student is
dismissed from the treatment program.
  (6) The Department of Education may make advances to such
school district from funds appropriated therefor based on the
estimated agreed cost of educating the pupils per school year.
Advances equal to 25 percent of such estimated cost may be made
on September 1, December 1 and March 1 of the current year. The
balance may be paid whenever the full determination of cost is
made.
  (7) School districts which provide the education described in
this section on a year-round plan may apply for 25 percent of the
funds appropriated therefor on July 1, October 1, January 1, and
15 percent on April 1. The balance may be paid whenever the full
determination of cost is made.
  (8) In addition to the payment methods described in this
section, the Department of Education may:
  (a) Negotiate interagency agreements to pay for the cost of
education in treatment programs operated under the auspices of
the State Board of Higher Education; and
  (b) Negotiate intergovernmental agreements to pay for the cost
of education in treatment programs operated under the auspices of
the Oregon Health and Science University Board of Directors.
  SECTION 78. ORS 408.370 is amended to read:
  408.370. (1) In addition to the other uses for the Oregon
Housing Fund set forth in ORS 458.600 to 458.665, financial
support for an Oregon Veterans' Home is a permitted use of moneys
from the Oregon Housing Fund.
  (2) Notwithstanding ORS 442.315, 442.325 and 442.584, an Oregon
Veterans' Home is not subject to any certificate of need
requirement   { - but is otherwise subject to the authority of
the Health Resources Commission - } .
  SECTION 79. ORS 409.010 is amended to read:
  409.010. (1) The Department of Human Services is created.
  (2) The department is responsible for the delivery and
administration of programs and services relating to:
  (a) Children and families, including but not limited to child
protective services, foster care, residential care for children
and adoption services;
  (b) Elderly persons and persons with disabilities, including
but not limited to social, health and protective services and
promotion of hiring of otherwise qualified persons who are
certifiably disabled;
  (c) Persons who, as a result of the person's or the person's
family's economic, social or health condition, require financial
assistance or other social services;

Enrolled House Bill 2100 (HB 2100-B)                      Page 45

  (d) Developmental disabilities;
  (e) Vocational rehabilitation for individuals with
disabilities;
  (f) Licensing and regulation of individuals, facilities,
institutions and programs providing health and human services and
long term care services  { - , - }  { +  delegated to the
department by or  + }in accordance with the provisions of state
and federal law;   { - and - }
   { +  (g) Services provided in long term care facilities,
home-based and community-based care settings and residential
facilities to individuals with physical disabilities or
developmental disabilities and to seniors who receive residential
facility care; and + }
    { - (g) - }  { +  (h) + } All other human service programs
and functions delegated to the department by or in accordance
with the provisions of state and federal law.
  (3) The department shall be the recipient of all federal funds
paid or to be paid to the state to enable the state to provide
the programs and services assigned to the department  { +  except
for Medicaid funds that are granted to the Oregon Health
Authority + }.
  (4)(a) All personnel of the department, including those engaged
in the administration of vocational rehabilitation programs,
public assistance programs and services to families or children
in compliance with the federal Social Security laws, shall be
subject to the merit system prescribed in the State Personnel
Relations Law. For purposes of the State Personnel Relations Law,
the department is the appointing authority of all employees in
the department.
  (b) The Director of Human Services, in conformity with the
State Personnel Relations Law, may appoint and employ such
personnel as may be necessary for the department, and may appoint
and fix the compensation of all assistants and employees of the
department.
  (c) The director may authorize reimbursement of such expenses
as are approved by the department and incurred by assistants and
employees of the department, and by volunteers or other persons
not employed by the department, in carrying out duties assigned
or authorized by the department.
  (5) The director may designate employees to be custodians of
records within any of the organizational units of the department,
and persons so designated shall have the duties and powers of
custodians of public records as prescribed by law. Such
designation shall be in writing and notice thereof shall be filed
in the office of the Secretary of State, with the director and in
the organizational unit to which the authorization applies.
  SECTION 80. ORS 409.161 is amended to read:
  409.161. (1) The Department of Human Services shall report to
all relevant committees of the Legislative Assembly at each
regular session with respect to department employees in the
classified service who directly provide:
  (a) Child welfare services under ORS 418.005;
  (b) Temporary assistance for needy families under ORS 412.006;
  (c) Nutritional assistance under ORS 411.816;
  (d) Medical assistance  { + eligibility determinations + }
under ORS 411.404;
  (e) Services to elderly persons and to persons with
disabilities under ORS 410.070 and 412.014; and
  (f) Vocational rehabilitation services under ORS 344.530.

Enrolled House Bill 2100 (HB 2100-B)                      Page 46

  (2) The report of the department under this section shall
address each of the following:
  (a) Workload increases or decreases over the current biennium.
  (b) Workload efficiencies achieved during the current biennium.
  (c) Notwithstanding ORS 291.371 (5), additional staffing needs
or decreases in staffing needs that exist for the current
biennium or that are projected for the next biennium, including a
statement of the number of full-time equivalent positions that
are vacant on the date the report is prepared or that can be
double filled in order to meet any needs for additional staffing.
  (3) As used in this section, 'double filled' means that the
department is using one budgeted full-time equivalent position to
employ more than one employee.
  SECTION 81. ORS 409.162 is amended to read:
  409.162. (1) The Department of Human Services shall collaborate
with its existing advisory groups to identify and implement
workload efficiencies in the state agencies that administer
programs providing:
  (a) Child welfare services under ORS 418.005;
  (b) Temporary assistance for needy families under ORS 412.006;
  (c) Nutritional assistance under ORS 411.816;
  (d) Medical assistance { +  eligibility determinations + }
under ORS 411.404;
  (e) Services to elderly persons and to persons with
disabilities under ORS 410.070 and 412.014; and
  (f) Vocational rehabilitation services under ORS 344.530.
  (2) The department shall collaborate with the following
advisory groups and other groups designated by the department in
identifying and implementing workload efficiencies:
  (a) The advisory committee created by ORS 418.005 (2).
  (b) The Family Services Review Commission established under ORS
411.075.
  (c) The State Independent Living Council established by
Executive Order 94-12.
  (d) The advisory committee established under ORS 344.735.
  (e) Area agency advisory councils required under ORS 410.210.
  (f) The Governor's Commission on Senior Services created by ORS
410.320.
  SECTION 82. ORS 410.040 is amended to read:
  410.040. As used in ORS 409.010, 410.040 to  { + 410.300, + }
410.320  { - , - }  { +  and + } 411.159   { - and 441.630 - } :
  (1) 'Appropriate living arrangement' means any arrangement for
an elderly person or a person with a disability in a residential
setting which is appropriate for the person considering, in order
of priority, the following criteria:
  (a) The desires and goals of the person;
  (b) The right of the person to live as independently as
possible, in the least restrictive environment; and
  (c) The cost of the living arrangement compared to other types
of living arrangements, based on the criteria in paragraphs (a)
and (b) of this subsection.
  (2) 'Area agency' means:
  (a) An established or proposed type A or type B Area Agency on
Aging within a planning and service area designated under Section
305 of the Older Americans Act; or
  (b) Any public or nonprofit private agency which is designated
as a type A or type B Area Agency on Aging under Section 305 of
the Older Americans Act.

Enrolled House Bill 2100 (HB 2100-B)                      Page 47

  (3) 'Area agency board' means the local policy-making board
which directs the actions of the area agency within state and
federal laws and regulations.
  (4) 'Department' means the Department of Human Services.
  (5) 'Elderly person' means a person who is served by a type A
area agency or type B area agency or by the department and who is
60 years of age or older.
  (6) 'Local government' means a political subdivision of the
state whose authority is general or a combination of units of
general purpose local governments.
  (7) 'Person with a disability' means a person with a physical
or mental disability:
  (a) Who is eligible for Supplemental Security Income or for
general assistance; and
  (b) Who meets one of the following criteria:
  (A) Has   { - mental retardation or - }  a developmental
disability or is mentally or emotionally disturbed, and resides
in or needs placement in a residential program administered by
the department.
  (B) Is an alcohol or drug abuser and resides in or needs
placement in a residential program administered by the
department.
  (C) Has a physical or mental disability other than those
described in subparagraphs (A) and (B) of this paragraph.
  (8) 'Preadmission screening' means a professional program
within the department or type B area agencies, with staff that
includes registered nurses and social workers, that assesses the
needs of clients and recommends appropriate placements in
residential programs administered by the department or type B
area agencies.
  (9) 'Protective services' means a service to be provided by the
department directly or through type B area agencies, in response
to the need for protection from harm or neglect to elderly
persons and persons with disabilities.
  (10) 'Title XIX' means long term care and health services
programs   { - in - }  { +  funded by + } Title XIX of the Social
Security Act available to elderly persons and persons with
disabilities.
  (11) 'Type A area agency' means an area agency:
  (a) For which either the local government or the area agency
board does not agree to accept local administrative
responsibility for Title XIX; and
  (b) That provides a service to elderly persons.
  (12) 'Type B area agency' means an area agency:
  (a) For which the local government agrees to accept local
administrative responsibility for Title XIX;
  (b) That provides a service to elderly persons or to elderly
persons and persons with disabilities who require services
similar to those required by elderly persons; and
  (c) That uses the term 'disabled services' or 'disability
services' in its title to communicate the fact that it provides
services to both populations described in paragraph (b) of this
subsection.
  SECTION 83. ORS 410.075 is amended to read:
  410.075. The Department of Human Services { +  or the Oregon
Health Authority + } may take title to real and personal property
in performing its duties under ORS 411.630, 411.708, 411.795,
416.310 and 416.350. Title shall be taken in the name of the
department { +  or the authority + }. The department { +  or the
authority + } may convey the property by deed or other

Enrolled House Bill 2100 (HB 2100-B)                      Page 48

appropriate conveyance under procedures adopted by rule of the
department { +  or the authority + }.
  SECTION 84. ORS 410.080 is amended to read:
  410.080. (1) The Department of Human Services is the designated
single state agency for all federal programs under ORS 409.010
 { - , - }   { + and + } 410.040 to   { - 410.320, 411.159 and
441.630 - }  { +  410.300 except that the Oregon Health Authority
is the single state agency responsible for supervising the
administration of all programs funded by Title XIX or Title XXI
of the Social Security Act as provided in ORS 413.032 (1)(j) + }.
  (2) Except as provided in ORS 410.070 (2)(d) and 410.100, the
administration of services to clients under ORS
 { - 409.010, - }  410.040 to   { - 410.320, 411.159 and
441.630 - }  { +  410.300 + } shall be through area agencies, and
shall comply with all applicable federal regulations.
  SECTION 85. ORS 410.160 is amended to read:
  410.160. Nothing in ORS 409.010  { - , - }   { + and + }
410.040 to   { - 410.320, 411.159 and 441.630 - }  { +
410.300 + } extends estate claims requirements and procedures
related to certain Title XIX services under current Oregon
statutes and federal regulations to other services.
  SECTION 86. ORS 410.230 is amended to read:
  410.230. Nothing in ORS 409.010  { - , - }   { + and + }
410.040 to   { - 410.320, 411.159 and 441.630 - }  { +
410.300 + } requires an area agency or local governmental unit to
expend local funds for the purpose of maintaining or expanding
services to elderly persons and persons with disabilities.
  SECTION 87. ORS 410.240 is amended to read:
  410.240. On and after October 1, 1981, a type A area agency
shall operate in the same manner as it operated with local
administrative responsibility for Title III of the Older
Americans Act and Oregon Project Independence before October 1,
1981.  Nothing in ORS 409.010  { - , - }   { + and + } 410.040 to
 { - 410.320, 411.159 and 441.630 - }  { +  410.300 + } requires
a type A area agency to become a type B area agency.
  SECTION 88. ORS 410.300 is amended to read:
  410.300. (1) A type B area agency may contract with the
Department of Human Services for services of state employees or
have such employees transferred to employment by the area agency
by transfer agreement.
  (2) State employees whose services have been contracted to a
type B area agency shall be supervised for program purposes by
the area agency.
  (3) If state employees are transferred to a type B area agency,
the provisions of ORS 236.610 to 236.640 shall apply.
  (4) Prior to transfer of any state employee to any other public
employer under ORS   { - 409.010, - }  410.040 to   { - 410.320,
411.159 and 441.630 - }   { + 410.300 + }, at a date to be
determined by the Director of Human Services, each type B area
agency shall prepare a plan in coordination with local staff of
the department for implementation of ORS   { - 409.010, - }
410.040 to   { - 410.320, 411.159 and 441.630 - }  { +
410.300 + }. The plan shall show how statutory responsibilities
are to be met and how all staff are to be utilized.
  SECTION 89. ORS 410.720 is amended to read:
  410.720. (1) It is the policy of this state to provide mental
health and addiction services for all Oregon senior citizens and
persons with disabilities through a comprehensive and coordinated
statewide network of local mental health services and alcohol and
drug abuse education and treatment. These services should involve

Enrolled House Bill 2100 (HB 2100-B)                      Page 49

family and friends and be provided in the least restrictive and
most appropriate settings.
  (2) The Department of Human Services { +  and the Oregon Health
Authority + } shall facilitate the formation of local community
partnerships between the senior, disability, mental health,
alcohol and drug abuse and health care communities by supporting
the development of program approaches including, but not limited
to:
  (a) Mental health and addiction screenings and assessments in
long term care settings;
  (b) Outreach services to seniors and persons with disabilities
in their homes, including gatekeeper programs, neighborhood
programs and programs designed for rural communities;
  (c) Multilingual and multicultural medical and psychiatric
services for ethnic minorities with physical disabilities and
hearing impairments;
  (d) Education and training for health care consumers, health
care professionals and mental health and addiction services
providers on mental health and addiction issues, programs and
services for seniors and persons with disabilities; and
  (e) Education and consultation services for primary care
physicians treating seniors and persons with disabilities.
  (3) In carrying out the provisions of subsections (1) and (2)
of this section, the department { +  and the authority + } shall:
  (a) Develop plans for service coordination within the
department { +  and the authority + };
  (b) Recommend budget provisions for the delivery of needed
services offered by the department { +  and the authority + };
and
  (c) Develop plans for expanding mental health and addiction
services for seniors and persons with disabilities to meet the
increasing demand.
  SECTION 90. ORS 411.010 is amended to read:
  411.010. As used in this chapter and in other statutes
providing for assistance and services to needy persons, unless
the context or a specially applicable statutory definition
requires otherwise:
    { - (1) 'Department' means the Department of Human
Services. - }
    { - (2) - }  { +  (1) + } 'General assistance' means
assistance or service of any character provided to needy persons
not otherwise provided for to the extent of such need and the
availability of funds, including medical, surgical and hospital
or other remedial care.
    { - (3) - }  { +  (2) + } 'Public assistance' means the
following types of assistance:
  (a) Temporary assistance for needy families granted under ORS
412.001 to 412.069 and 418.647;
  (b) General assistance granted under ORS 411.710 to 411.730;
  (c) Medical assistance;
  (d) Assistance provided by the Oregon Supplemental Income
Program;
  (e) General assistance other than general assistance granted
under ORS 411.710 to 411.730; and
  (f) Any other functions { + , except the administration of
medical assistance by the Oregon Health Authority, + } that may
be delegated to the Director of Human Services by or in
accordance with federal and state laws.
  SECTION 91. ORS 411.060 is amended to read:

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  411.060. Subject to ORS 417.300 and 417.305, the Department of
Human Services shall  { - : - }
    { - (1) Administer and supervise all public assistance
programs; - }
    { - (2) Determine eligibility for all public assistance
programs; and - }
    { - (3) - }  adopt and enforce rules necessary to ensure full
compliance with federal and state laws relating to public
assistance programs { +  and functions administered by the
department + }.
  SECTION 92. ORS 411.070 is amended to read:
  411.070.  { + (1) + } The  { + Oregon Health Authority and
the + } Department of Human Services shall { +  adopt + } by rule
 { - fix - }  statewide uniform standards for all public
assistance programs and  { + shall + } effect uniform observance
 { - thereof - }  { +  of the rules + } throughout the state.
   { +  (2) + } In establishing  { + uniform + } statewide
standards for public assistance, the department { +  and the
authority + }, within the limits of available funds, shall:
    { - (1) - }  { +  (a) + } Take into consideration all basic
requirements for a standard of living compatible with decency and
health, including food, shelter, clothing, fuel, public
utilities, telecommunications service, medical care and other
essential items and, upon the basis of investigations of the
facts, shall provide budgetary guides for determining minimum
costs of meeting such requirements.
    { - (2) - }  { +  (b) + } Develop standards for making
payments and providing support services in the job opportunity
and basic skills program described in ORS 412.006.
  SECTION 93. ORS 411.072 is amended to read:
  411.072. (1) As used in this section 'policy change ' includes
any change in the operation of public assistance programs that
affects recipients adversely in any substantial manner, including
but not limited to the denial, reduction, modification or delay
of benefits. 'Policy change' does not include any procedural
change that affects internal management but does not adversely
and substantially affect the interest of public assistance
recipients.
  (2) The Department of Human Services may submit applications
for waiver of federal statutory or regulatory requirements to the
federal government or any agency thereof.   { - Following - }
 { +  Prior to + } the submission of any application for waiver
that involves a policy change, and prior to implementation, the
department shall do the following:
  (a) Conduct a   { - hearing in accordance with ORS chapter
183 - }  { +  public process + } regarding the waiver application
or application for waiver renewals   { - and the proposed
rules - } ;
  (b) Prepare a complete summary of the testimony and written
comments received   { - at the hearing - }  { +  during the
public process + };
  (c) Submit the application for waiver or application for waiver
renewals involving a policy change to the legislative review
agency, as   { - defined - }   { + described + } in ORS 291.375,
and present the summary of testimony and comments described in
this section; and
  (d) Give notice of the date of its appearance before the
Emergency Board or the Joint Committee on Ways and Means in
accordance with ORS 183.335, and before the Family Services
Review Commission.

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  SECTION 94.  { + (1) As used in this section, 'policy change '
includes any change in the operation of medical assistance
programs that affects recipients adversely in any substantial
manner, including but not limited to the denial, reduction,
modification or delay of benefits. 'Policy change' does not
include any procedural change that affects internal management
but does not adversely and substantially affect the interest of
medical assistance recipients.
  (2) The Oregon Health Authority may submit applications for
waiver of federal statutory or regulatory requirements to the
federal government or any agency of the federal government. Prior
to the submission of any application for waiver that involves a
policy change, and prior to implementation, the authority shall
do the following:
  (a) Conduct a public process regarding the application for
waiver or application for waiver renewals;
  (b) Prepare a complete summary of the testimony and written
comments received during the public process;
  (c) Submit the application for waiver or application for waiver
renewals involving a policy change to the legislative review
agency, as described in ORS 291.375, and present the summary of
testimony and comments described in this section; and
  (d) Give notice of the date of the authority's appearance
before the Emergency Board or the Joint Committee on Ways and
Means in accordance with ORS 183.335, and before the Medicaid
Advisory Committee. + }
  SECTION 95. ORS 411.081 is amended to read:
  411.081. (1) A person seeking public assistance shall file an
application for public assistance with the Department of Human
Services { +  or the Oregon Health Authority + }. At the time of
application, the applicant shall declare to the department
 { + or the authority + } any circumstance that directly affects
the applicant's eligibility to receive assistance or the amount
of assistance available to the applicant. Upon the receipt of
property or income or upon any other change in circumstances that
directly affects the eligibility of the recipient to receive
assistance or the amount of assistance available to the
recipient, the applicant, recipient or other person in the
assistance household shall immediately notify the department
 { + or the authority + } of the receipt or possession of such
property or income, or other change in circumstances. The
department  { + or the authority + } shall recover from the
recipient the amount of assistance improperly disbursed by reason
of failure to comply with the provision of this section.
  (2) The department may recover any cash assistance granted for
general assistance under ORS 411.710 to 411.730 and the
recipient's portion of the aid described in ORS 412.014 (3) that
has been paid to any recipient 18 years of age or older, and for
the costs incurred by the department to provide representation to
the recipient under ORS 412.014 (2), when the recipient is
presently receiving or subsequently receives Supplemental
Security Income. The amount of recovery shall be limited to the
total amount of Supplemental Security Income that was received
for the same time period that the general assistance or the aid
received under ORS 412.014 was being paid.
  (3) Nothing in subsection (1) or (2) of this section shall be
construed as to prevent the department  { + or the authority + }
from entering into a compromise agreement for recovery of
assistance improperly disbursed, if the department  { + or the
authority + } determines that the administration and collection

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costs involved would exceed the amount that can reasonably be
expected to be recovered.
  SECTION 96. ORS 411.083 is amended to read:
  411.083. (1)  { + The Department of Human Services, in
consultation with the Oregon Health Authority, may prescribe by
rule that income and resources may be disregarded + } in the
determination of eligibility and the amount of need with respect
to a recipient  { + of + } or applicant   { - of - }
 { + for + } public assistance under ORS 411.706 and ORS chapter
414,   { - the Department of Human Services may disregard such
amounts of income and resources as are - }  { +  if + } required
by federal law or rules adopted pursuant thereto or   { - as
are - }  { +  if + } authorized by the Legislative
Assembly { + , + } including the following:
  (a) Any elderly rental assistance payments provided by ORS
310.635 or refunds in lieu of such relief shall be disregarded in
determining eligibility and need.
  (b) Any increase in the amount of assistance that is authorized
by section 4, Public Law 93-233 (87 Stat. 953) and which is also
being paid on March 5, 1974, shall be disregarded in determining
eligibility and need.
   { +  (2) The department, in consultation with the authority,
shall prescribe by rule that in the determination of eligibility
and the amount of need with respect to a recipient of or
applicant for public assistance under ORS 411.706 and ORS chapter
414: + }
    { - (2) - }  { +  (a) + } Any increase in the amount of
assistance provided under Title XVI of the Social Security Act to
meet changes in the cost of living that is an increase over that
amount being paid on January 1, 1977, pursuant to an Act of
Congress and which will first be paid after January 1, 1977,
shall be disregarded   { - in determining eligibility and
need - } .
    { - (3) - }   { + (b) + }   { - When considering an
application for public assistance, the department shall exempt
from consideration as a resource - }  Up to $10,000 equity value
of any licensed and unlicensed vehicles owned by the applicant or
recipient { +  is exempt from consideration as a resource + }.
    { - (4) - }   { + (3) + } The department shall implement
subsection   { - (3) - }  { + (2)(b) + } of this section
statewide to the extent possible that is consistent with federal
regulation to maintain state eligibility for federal
participation in public assistance programs. In the event the
department determines that this policy has a net fiscal cost to
the state, the department shall present the fiscal analysis to
the Emergency Board for additional funding or direction to modify
or suspend the policy.
  SECTION 97. ORS 411.087 is amended to read:
  411.087. (1) Every person 18 years of age or over who applies
for or receives any type of general assistance or public
assistance, as defined in ORS 411.010, whether the general
assistance or public assistance is applied for or received for
the benefit of the person or of another individual, shall execute
to the Department of Human Services at the time of making the
application, and at such times as may be required by the
department   { - in any case - }  { +  or by the Oregon Health
Authority by rule + }, written statements relating to each
individual for whose benefit the general assistance or public
assistance is applied for or received, and to any person who has
a duty to support the individual, or to whom the individual owes

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a duty of support. The statements must include, but need not be
limited to, as much of the following information, relating to
each individual or other person, as may be specified or required
by the department { +  or the authority + }:
  (a) The name of the individual, address, date and place of
birth, residence, family relationships, and the composition of
the household in which the individual lives;
  (b) The financial circumstances of the individual and means of
and ability for support of the individual and other individuals,
including but not limited to information concerning:
  (A) The employment of the individual and the nature and amount
of the income of the individual, from whatever source derived;
  (B) The tangible and intangible assets of the individual,
property and resources of any nature including, but not limited
to, money, real and personal property, rights and expectancies as
an heir, devisee, legatee, trustee or cestui que trust, and any
rights, benefits, claims or choses in action, whether arising in
tort or based upon statute, contract or judgment; and
  (C) Other information as may be required  { + by the department
or the authority + } pursuant to state or federal laws applicable
to general assistance or public assistance.
  (2) All applications for general assistance or public
assistance and all statements referred to in subsection (1) of
this section shall be upon forms prescribed and furnished by the
department { +  or the authority + }. Each statement shall be
subscribed by each individual who executes or joins in the
execution of the statement.
  (3) The spouse of any individual who applies for or receives
general assistance or public assistance may be required by the
department  { + or the authority + } to join in the execution of,
or separately to execute, any statement referred to in subsection
(1) of this section, under oath or affirmation, except during any
period in which it appears to the department  { + or the
authority + } that:
  (a) The individual and the spouse of the individual are
estranged and are living apart;
  (b) The spouse is absent from this state or the whereabouts of
the spouse is unknown; or
  (c) The spouse is physically or mentally incapable of executing
the statement or of providing any information referred to in
subsection (1) of this section.
  SECTION 98. ORS 411.103 is amended to read:
  411.103. (1) The Department of Human Services may serve a
notice described in ORS 183.415 by regular mail { +  or, if
requested by the recipient of the notice, by electronic mail + }.
The legal presumption described in ORS 40.135 (1)(q) does not
apply to a notice that is served by regular mail under this
section.
  (2) Except as provided in subsection (3) of this section, a
contested case notice served in accordance with subsection (1) of
this section that complies with ORS 183.415 but for service by
regular  { + or electronic + } mail becomes a final order against
a party and is not subject to ORS 183.470 (2), upon the earlier
of the following:
  (a) If the party fails to request a hearing, the day after the
date prescribed in the notice as the deadline for requesting a
hearing.
  (b) The date the department or the Office of Administrative
Hearings mails an order dismissing a hearing request because:
  (A) The party withdraws the request for hearing; or

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  (B) Neither the party nor the party's representative appears on
the date and at the time set for hearing.
  (3) The department shall prescribe by rule a period of not less
than 60 days after a notice becomes a final order under
subsection (2) of this section within which a party may request a
hearing under this subsection. If a party requests a hearing
within the period prescribed under this subsection, the
department shall do one of the following:
  (a) If the department finds that the party did not receive the
written notice and did not have actual knowledge of the notice,
refer the request for hearing to the Office of Administrative
Hearings for a contested case proceeding on the merits of the
department's intended action described in the notice.
  (b) Refer the request for hearing to the Office of
Administrative Hearings for a contested case proceeding to
determine whether the party received the written notice or had
actual knowledge of the notice. The department must show that the
party had actual knowledge of the notice or that the department
mailed the notice to the party's correct address { +  or sent an
electronic notice to the party's correct electronic mail
address + }.
  (4) If a party informs the department that the party did not
receive a notice served by regular  { + or electronic + } mail in
accordance with subsection (1) of this section, the department
shall advise the party of the right to request a hearing under
subsection (3) of this section.
  SECTION 99. ORS 411.300 is amended to read:
  411.300. (1) The Department of Human Services shall
 { - make - }  { +  adopt + } and enforce   { - reasonable rules
and regulations - }  { +  rules + } governing the custody, use
and preservation of the records, papers, files and communications
of the department { +  in accordance with applicable privacy
laws + }. The use of   { - such - }  { +  the + } records,
papers, files and communications   { - by any other agency or
department of government or person to which they may be furnished
shall be - }   { + is + } limited to the purposes for which they
are furnished and by the provisions of the law under which they
may be furnished.
    { - (2) No rules or regulations shall be made or
administrative practice followed by the Department of Human
Services pursuant to subsection (1) of this section that would
interfere with the purposes of ORS 411.060, 411.078, 411.320 and
411.335. - }
   { +  (2) The records, papers, files and communications of the
department may be maintained in a single or combined data system
accessible to the department and to the Oregon Health Authority
for the administration of programs and the coordination of
functions shared by the department and the authority. + }
  SECTION 100. ORS 411.320 is amended to read:
  411.320. (1) For the protection of applicants for and
recipients of public assistance, except as otherwise provided in
this section, the Department of Human Services   { - shall - }
 { + may + } not disclose or use the contents of any public
assistance records, files, papers or communications for purposes
other than those directly connected with the administration of
the public assistance   { - laws of Oregon - }  { +  programs + }
or   { - as - }  necessary to assist public assistance applicants
and recipients in accessing and receiving other governmental or
private nonprofit services, and these records, files, papers and
communications are considered confidential subject to the rules

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 { - and regulations - }  of the department   { - of Human
Services - } . In any judicial or administrative proceeding,
except proceedings directly connected with the administration of
public assistance or child support enforcement laws, their
contents are considered privileged communications.
  (2) Nothing in this section prohibits the disclosure or use of
contents of records, files, papers or communications for purposes
directly connected with the establishment and enforcement of
support obligations pursuant to the Title IV-D program.
  (3) Nothing in this section prohibits the disclosure of the
address, Social Security number and photograph of any applicant
or recipient to a law enforcement   { - official - }  { +
officer + } at the request of   { - such official - }  { +  the
officer + }. To receive information pursuant to this section, the
officer must furnish the agency the name of the applicant or
recipient and advise that the applicant or recipient:
  (a) Is fleeing to avoid prosecution, custody or confinement
after conviction for a felony;
  (b) Is violating a condition of probation or parole; or
  (c) Has information that is necessary for the officer to
conduct the official duties of the officer and the location or
apprehension of the applicant or recipient is within such
official duties.
   { +  (4) Nothing in this section prohibits disclosure of
information between the department and the Oregon Health
Authority for the purpose of administering public assistance
programs. + }
  SECTION 101. ORS 411.400, as amended by section 3, chapter 73,
Oregon Laws 2010, is amended to read:
  411.400. (1) Application for any category of aid shall also
constitute application for medical assistance.
  (2) Except as otherwise provided in this section, a person
shall request medical assistance by filing an application as
provided in ORS 411.081.
  (3) The Department of Human Services shall determine
eligibility for and fix the date on which medical assistance may
begin, and shall obtain such other information required by the
rules of the department { +  and the Oregon Health Authority
under ORS 411.402 + }.
  (4) If an applicant is unable to make application for medical
assistance, an application may be made by someone acting
responsibly for the applicant.
  (5) The department may modify the application requirements in
ORS 411.081 for a person whose basis of eligibility for medical
assistance changes from one category of aid to another category
of aid under ORS 414.025 (2).
  SECTION 102. ORS 411.402, as amended by section 4, chapter 73,
Oregon Laws 2010, is amended to read:
  411.402.   { - For each person applying for medical assistance,
the Department of Human Services shall fully document: - }
   { +  (1) The Department of Human Services and the Oregon
Health Authority shall adopt by rule the documentation required
from each person applying for medical assistance, including
documentation of:
  (a) The identity of the person; + }
    { - (1) - }   { + (b) + } The category of aid   { - as
defined in ORS 414.025 - } that makes the person eligible for
medical assistance or the way in which the person qualifies as
categorically needy   { - as defined in ORS 414.025 - } ;

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    { - (2) - }  { +  (c) + } The status of the person as a
resident of this state; and
    { - (3) - }   { + (d) Information concerning + } the income
and resources of the person { + , which may include income tax
return information and Social Security number, + } as necessary
to establish financial eligibility  { - . - }  { +  for medical
assistance, premium tax credits and cost-sharing reductions.
  (2) Information obtained by the department or the authority
under this section may be exchanged with other state or federal
agencies for the purpose of:
  (a) Verifying eligibility for medical assistance, participation
in the Oregon Health Insurance Exchange or other health benefit
programs;
  (b) Establishing the amount of any tax credit due to the
person, cost-sharing reduction or premium assistance;
  (c) Improving the provision of services; and
  (d) Administering health benefit programs. + }
  SECTION 103. ORS 411.404 is amended to read:
  411.404. (1) The Department of Human Services shall determine
eligibility for medical assistance according to criteria
prescribed by rule  { - , taking into account - }   { + in
consultation with the Oregon Health Authority that take into
account + }:
  (a) The requirements and needs of the applicant and of the
spouse and dependents of the applicant;
  (b) The income, resources and maintenance available to the
applicant; and
  (c) The responsibility of the spouse of the applicant and, with
respect to an applicant who is blind or is permanently and
totally disabled or is under 21 years of age, the responsibility
of the parents.
  (2) Rules adopted by the department under subsection (1) of
this section:
  (a) Shall disregard resources for those who are eligible for
medical assistance only by reason of ORS 414.025 (2)(s), except
for the resources described in ORS 414.025 (2)(s).
  (b) May disregard income and resources within the limits
required or permitted by federal law, regulations or orders.
    { - (3) - }   { + (c) + }   { - The department - }  May not
require any needy person over 65 years of age, as a condition of
entering or remaining in a hospital, nursing home or other
congregate care facility, to sell any real property normally used
as   { - such - }   { + the + } person's home.   { - Any rule of
the department inconsistent with this section is to that extent
invalid. - }
   { +  (3) Notwithstanding subsections (1) and (2) of this
section, the authority may adopt rules necessary to implement the
Health Care for All Oregon Children program established by ORS
414.231 or applicable provisions of federal law. + }
  SECTION 104. ORS 411.406 is amended to read:
  411.406. Upon the receipt of property or income or upon any
other change in circumstances which directly affects the
eligibility of the recipient to receive medical assistance or the
amount of medical assistance available to the recipient, the
recipient shall immediately notify the Department of Human
Services  { + or the Oregon Health Authority, if required, + } of
the receipt or possession of such property or income, or other
change in circumstances. Failure to give the notice shall entitle
the department   { - of Human Services - }  { +  or the

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authority + } to recover from the recipient the amount of
assistance improperly disbursed by reason thereof.
  SECTION 105. ORS 411.408 is amended to read:
  411.408.   { - Any individual whose claim for medical
assistance is denied or is not acted upon with reasonable
promptness may petition the Department of Human Services for a
fair hearing. - }  { +  If the Oregon Health Authority or the
Department of Human Services denies a claim for medical
assistance or fails to act with reasonable promptness on a claim
for medical assistance, the person making the claim may request a
contested case hearing. + } The hearing shall be held at a time
and place and shall be conducted in accordance with   { - the - }
rules   { - of - }  { +  adopted by the authority or + } the
department { + , as appropriate + }.
  SECTION 106. ORS 411.431 is amended to read:
  411.431. (1) The Department of Human Services shall adopt
rules { +  in consultation with the Oregon Health Authority + }:
  (a) Requiring recipients of medical assistance who are not
otherwise exempt to pay monthly premium payments while receiving
medical assistance; and
  (b) Granting recipients of medical assistance under ORS 414.706
(5) who are required to pay monthly premium payments a grace
period of up to six months for payment of overdue premiums.
  (2)   { - The department may not disenroll - }  A
recipient { +  may continue enrollment in medical assistance + }
during the grace period described in subsection (1)(b) of this
section.
  (3) A recipient or former recipient of medical assistance under
ORS 414.706 (5) who did not pay one or more monthly premium
payments while receiving medical assistance is not eligible
 { - to reapply - }  for medical assistance under ORS 414.706 (5)
until the recipient or former recipient has paid the amount of
overdue premiums in full.
  SECTION 107. ORS 411.432 is amended to read:
  411.432. (1) As used in this section, 'federal poverty
guidelines' means the most recent poverty guidelines as published
annually in the Federal Register by the United States Department
of Health and Human Services.
  (2) Notwithstanding ORS   { - 414.065 - }  { +  411.431 + },
the Department of Human Services shall adopt rules  { + in
collaboration with the Oregon Health Authority + } exempting
recipients of medical assistance under ORS 414.706 (5) whose
family income is no more than 10 percent of the federal poverty
guidelines from the requirement to pay monthly premium payments.
  SECTION 108. ORS 411.435 is amended to read:
  411.435. The Oregon Health Authority  { + and the Department of
Human Services + } shall endeavor to develop agreements with
local governments to facilitate the enrollment of   { - poverty
level - } medical assistance program clients. Subject to the
availability of funds therefor, the agreement shall be structured
to allow flexibility by the state and local governments and may
allow any of the following options for enrolling clients in
 { - poverty level - } medical assistance programs:
  (1) Initial processing shall be done at the county health
department by employees of the county, with eligibility
determination completed at the local office of the
 { - authority - }  { +  Department of Human Services + };
  (2) Initial processing and eligibility determination shall be
done at the county health department by employees of the local
health department; or

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  (3) Application forms shall be made available at the county
health department with initial processing and eligibility
determination shall be done at the local office of the
 { - authority - }  { + Department of Human Services + }.
  SECTION 109. ORS 411.439 is amended to read:
  411.439. (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 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.
  (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 110. ORS 411.443 is amended to read:
  411.443. (1) When a woman who is enrolled in medical assistance
as a pregnant woman becomes an inmate residing in a public
institution, the Department of Human Services shall suspend
medical assistance.
  (2) The department shall continue to determine the eligibility
of the pregnant woman as categorically needy   { - as defined in
ORS 414.025 - } .
  (3) Upon notification that a pregnant woman described under
subsection (1) of this section is no longer an inmate residing in
a public institution, the department shall reinstate medical

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assistance if the woman is otherwise eligible for medical
assistance.
  SECTION 111. ORS 411.459 is amended to read:
  411.459. The Oregon Health Authority  { + and the Department of
Human Services + } shall approve or deny prior authorization
requests for dental services not later than 30 days after
submission thereof by the provider, and shall make payments to
providers of prior authorized dental services not later than 30
days after receipt of the invoice of the provider.
  SECTION 112. ORS 411.463 is amended to read:
  411.463. When giving information concerning medical assistance,
the Oregon Health Authority { +  and the Department of Human
Services + } shall make available to applicants or recipients
materials which include at least a listing of all the healing
arts licensed in this state.
  SECTION 113. ORS 411.593 is amended to read:
  411.593. (1) In connection with any public assistance
investigation or hearing { + , + } the Director of Human
Services { + , the Director of the Oregon Health Authority + } or
any examiner, referee or other officer duly appointed to conduct
the investigation or hearing may by subpoena compel the
attendance and testimony of witnesses and the production of
books, accounts, documents and other papers, and may administer
oaths, take depositions and fix the fees and mileage of
witnesses.
  (2) The Department of Human Services { +  and the Oregon Health
Authority + } shall provide for defraying the expenses of such
investigations or hearings, which may be held in any part of the
state.
  SECTION 114. ORS 411.610 is amended to read:
  411.610. Any check or warrant issued by the Department of Human
Services  { + or the Oregon Health Authority + } to a recipient
of public assistance who subsequently dies may be indorsed in the
name of the deceased by the surviving spouse or a next of kin in
the order described in ORS 293.490 (3); and payment may be made
and the proceeds used without any of the restrictions enumerated
in ORS 293.495 (1).
  SECTION 115. ORS 411.620 is amended to read:
  411.620. (1) The Department of Human Services  { + or the
Oregon Health Authority + } may prosecute a civil suit or action
against any person who has obtained, for personal benefit or for
the benefit of any other person, any amount or type of general
assistance or public assistance  { - , as defined in ORS
411.010, - }  or has aided any other person to obtain such
general assistance or public assistance, in violation of any
provision of ORS 411.630, or in violation of ORS 411.640. In such
suit or action the department  { + or the authority + } may
recover the amount or value of such general assistance or public
assistance so obtained in violation of ORS 411.630, or in
violation of ORS 411.640, with interest thereon, together with
costs and disbursements incurred therein.
  (2) Excepting as to bona fide purchasers for value, the
department, the   { - Oregon Health - }  authority, the
conservator for the recipient or the personal representative of
the estate of a deceased recipient may prosecute a civil suit or
action to set aside the transfer, gift or other disposition of
any money or property made in violation of any provisions of ORS
411.630, 411.708 and 416.350 and the department or the authority
may recover out of such money or property, or otherwise, the
amount or value of any general assistance or public assistance

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obtained as a result of such violation, with interest thereon,
together with costs and disbursements incurred therein.
  SECTION 116. ORS 411.630 is amended to read:
  411.630. (1)   { - No - }   { + A + } person   { - shall - }
 { + may not + } knowingly obtain or attempt to obtain, for the
benefit of the person or of   { - any other - }   { + another + }
person, any public assistance  { - , as defined in ORS
411.010, - }  to which the person or   { - such - }  other person
is not entitled under state law by means of:
  (a) Any false representation or fraudulent device, or
  (b) Failure to immediately notify the Department of Human
Services  { + or the Oregon Health Authority, if required, + } of
the receipt or possession of property or income, or of any other
change of circumstances, which directly affects the eligibility
for, or the amount of,   { - such - }   { + the + } assistance.
  (2)   { - No - }   { + A + } person   { - shall - }   { + may
not + } transfer, conceal or dispose of any money or property
with the intent:
  (a) To enable the person to meet or appear to meet any
requirement of eligibility prescribed by state law or by rule
 { - or regulation promulgated by - }   { + of + } the department
 { - for a grant or an increase in a grant of - }  { +  or the
authority for + } any type of general assistance or public
assistance  { - , as defined in ORS 411.010 - } ; or
  (b) Except as to a conveyance by   { - such - }   { + the + }
person to create a tenancy by the entirety, to hinder or prevent
the department  { + or the authority + } from recovering any part
of any claim   { - which - }  it may have against the person or
the estate of the person.
  (3)   { - No - }   { + A + } person   { - shall - }   { + may
not + } knowingly aid or abet any person to violate any provision
of this section.
  (4)   { - No - }   { + A + } person   { - shall - }   { + may
not + } receive, possess or conceal any money or property of an
applicant for or recipient of any type of general assistance or
public assistance  { - , as defined in ORS 411.010, - }  with the
intent to enable   { - such - }   { + the + } applicant or
recipient to meet or appear to meet any requirement of
eligibility referred to in subsection (2)(a) of this section or,
except as to a conveyance by   { - such - }   { + the + }
applicant or recipient to create a tenancy by the entirety, with
the intent to hinder or prevent the department  { + or the
authority + } from recovering any part of any claim
  { - which - }  it may have against   { - such - }   { + the + }
applicant or recipient or the estate of the applicant or
recipient.
  SECTION 117. ORS 411.632 is amended to read:
  411.632. If it reasonably appears that a   { - customer who is
a - } recipient of public assistance has assets in excess of
those allowed to a recipient of such assistance under applicable
federal and state statutes { + , rules + } and regulations, and
it reasonably appears that such assets may be transferred,
removed, secreted or otherwise disposed, then the Department of
Human Services  { + or the Oregon Health Authority + } may seek
appropriate relief under ORCP 83 and 84  { - , - }  or any other
provision of law { + , + } but only to the extent of the
liability. The state shall not be required to post a bond in
seeking the relief.
  SECTION 118. ORS 411.635 is amended to read:

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  411.635.  { + (1) + } Public assistance improperly disbursed as
a result of recipient conduct that is not in violation of ORS
411.630 may be recouped pursuant to ORS 293.250  { + by the
Oregon Health Authority or the Department of Human Services.
  (2)  + }  { - or - }  { +  The department may also recoup
public assistance improperly disbursed + } from earnings that the
state disregards pursuant to ORS 411.083 and 412.009 as follows:
    { - (1) - }  { +  (a) + } The department   { - of Human
Services - }  shall notify the recipient that the recipient may
elect to limit the recoupment monthly to an amount equal to
one-half the amount of disregarded earnings by granting the
department a confession of judgment for the amount of the
overpayment.
    { - (2) - }   { + (b) + } If the recipient does not elect to
grant the confession of judgment within 30 days the department
may recoup the overpayment from the entire amount of disregarded
earnings.  The recipient may at any time thereafter elect to
limit the monthly recoupment to one-half the disregarded earnings
by
  { - granting the department - }  { +  entering into + } a
confession of judgment.
  (3) The department shall not execute on a confession of
judgment until the recipient is no longer receiving public
assistance and has either refused to agree to or has defaulted on
a reasonable plan to satisfy the judgment.
  (4)   { - Nothing in this section limits the authority of the
department by rule to exempt - }  { +  This section does not
prohibit the department from adopting rules to exempt + } from
recoupment any portion of disregarded earnings.
  SECTION 119. ORS 411.640 is amended to read:
  411.640. A person has received an overpayment of public
assistance, for purposes of ORS 411.703, if the person has:
  (1) Received, either for the benefit of the person or for the
benefit of any other person, any amount or type of general
assistance or public assistance  { - , as defined in ORS
411.010, - }  to which the person or   { - such - }   { + the + }
other person is not entitled under state law;
  (2) Spent lawfully received public assistance that was
designated by the Department of Human Services  { + or the Oregon
Health Authority + } for a specific purpose on an expense not
approved by the department { +  or the authority + } and not
considered a basic requirement under   { - standards adopted by
the department pursuant to - }  ORS 411.070  { + (2)(a) + };
  (3) Misappropriated public assistance by cashing and retaining
the proceeds of a check on which the person is not the payee and
the check has not been lawfully   { - endorsed - }  { +
indorsed + } or assigned to the person; or
  (4) Failed to reimburse the department { +  or the
authority + }, when required by law, for public assistance
furnished for a need for which the person is compensated by
another source.
  SECTION 119a. ORS 411.660 is amended to read:
  411.660. (1) If any person is convicted of a violation of any
provision of ORS 411.630, any grant of general assistance or
public assistance made wholly or partially to meet the needs of
such person shall be modified, canceled or suspended for such
time and under such terms and conditions as may be prescribed by
or pursuant to rules or regulations of the Department of Human
Services { +  or the Oregon Health Authority + }.

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  (2) Subsection (1) of this section does not prohibit a grant of
general assistance or public assistance to meet the needs of a
child under the age of 18 years.
  SECTION 120. ORS 411.670 is amended to read:
  411.670. As used in this section and ORS  { + 411.640, + }
411.675 and 411.690:
  (1) 'Claims for payment' includes bills, invoices, electronic
transmissions and any other document requesting money in
compensation for or reimbursement of needs which have been
furnished to any public assistance recipient.
  (2) 'Need' means any type of care, service, commodity, shelter
or living requirement.
  (3) 'Person' includes individuals, corporations, associations,
firms, partnerships, governmental subdivisions and agencies and
public and private organizations of any character.
  SECTION 121. ORS 411.675 is amended to read:
  411.675.   { - No - }   { + A + } person   { - shall - }
 { + may not  + }obtain or attempt to obtain { + , + } for
personal benefit or the benefit of   { - any other - }
 { + another + } person,   { - any - }   { + a + } payment for
furnishing any need to or for the benefit of   { - any - }
 { + a + } public assistance recipient by knowingly:
  (1) Submitting or causing to be submitted to the Department of
Human Services  { + or the Oregon Health Authority a  + }
 { - any - }  false claim for payment;
  (2) Submitting or causing to be submitted to the department
 { +  or the authority a + }   { - any - }  claim for payment
 { - which - }   { + that already + } has been submitted for
payment   { - already unless such - }   { + unless the + } claim
is clearly labeled as a duplicate;
  (3) Submitting or causing to be submitted to the department
 { +  or the authority a + }   { - any - }  claim for payment
 { - which - }   { + that + } is a claim
  { - upon which payment has been made by the department or any
other - }  { +  that already has been paid by any + } source
unless clearly labeled as
  { - such - }  { +  already paid + }; or
  (4) Accepting   { - any - }   { + a + } payment from the
department   { - for furnishing any need if the need upon which
the payment is based has - }  { +  or the authority for the costs
of items or services that have + } not been provided { +  to or
for the benefit of a public assistance recipient + }.
  SECTION 122. ORS 411.690 is amended to read:
  411.690. (1)   { - Any - }   { + A + } person who accepts from
the Department of Human Services   { - any payment made to such
person - }  { +  or the Oregon Health Authority a payment + } for
furnishing any need to or for the benefit of a public assistance
recipient   { - shall be - }   { + is + } liable to refund or
credit the amount of   { - such - }  { +  the + } payment to the
department  { + or the authority + } if   { - such - }  { +
the + } person has obtained or subsequently obtains from the
recipient or from any source any additional payment
 { - received - }  for furnishing the same need   { - to or for
the benefit of such recipient - } . However, the liability of
  { - such - }  { +  the + } person   { - shall be - }  { +
is + } limited to the lesser of the following amounts:
  (a) The amount of the payment   { - so - }  accepted from the
department { +  or the authority + }; or
  (b) The amount by which the aggregate sum of all payments

Enrolled House Bill 2100 (HB 2100-B)                      Page 63

  { - so - }  accepted or received by   { - such - }  { +
the + } person exceeds the maximum amount payable for
 { - such - }  { +  the + } need   { - from public assistance
funds - } under rules adopted by the department { +  or the
authority + }.
  (2) Notwithstanding subsection (1) of this section,
 { - any - }  { +  a + } person who { + , + } after having been
afforded an opportunity for a
  { - hearing pursuant to the portions of ORS chapter 183
relating to a contested case - }  { +  contested case hearing
pursuant to ORS chapter 183 + }, is found to   { - violate - }
 { +  have violated + } ORS 411.675   { - shall be - }  { +
is + } liable to the department  { + or the authority + } for
treble the amount of the payment received as a result of
 { - such - }   { + the + } violation.
  (3) The department  { + and the authority + } may prosecute
civil actions to recover moneys claimed due under this section
and for costs and disbursements incurred in such actions.
  SECTION 123. ORS 411.694 is amended to read:
  411.694. (1) When an individual receives public assistance as
defined in ORS 411.010 and the individual is the holder of record
title to real property or the purchaser under a land sale
contract, the Department of Human Services  { + or the Oregon
Health Authority + } may present to the county clerk for
recordation in the deed and mortgage records of a county a
request for notice of transfer or encumbrance of the real
property.
  (2) A title insurance company or agent shall provide the
  { - department - }  { +  state agency that filed the
request + } with a notice of transfer or encumbrance as required
by ORS 93.268.
  (3) If the department   { - has caused - }  { +  or the
authority has filed + } a request for notice of transfer or
encumbrance   { - to be recorded - }  { +  for recording + } in
the deed and mortgage records, the department { +  or the
authority + } shall   { - present to the county clerk for
recordation - }  { +  file with the county clerk + } a
termination of request for notice of transfer or encumbrance when
 { - , in the judgment of the department, - } it is no longer
necessary or appropriate   { - for the department - }  to monitor
transfers or encumbrances related to the real property.
  (4) The department shall adopt by rule a form of the request
for notice of transfer or encumbrance, the notice of transfer or
encumbrance and the termination of request for notice of transfer
or encumbrance that, at a minimum:
  (a) Contains the name of the public assistance recipient, a
  { - departmental - }  case identifier or other appropriate
information that links the individual who is the holder of record
title to real property or the purchaser under a land sale
contract to the individual's public assistance records;
  (b) Contains the legal description of the real property;
  (c) Contains a mailing address for the department  { + or the
authority + } to receive the notice of transfer or encumbrance;
and
  (d) Complies with the requirements for recordation in ORS
205.232 and 205.234 for those forms intended to be recorded.
   { +  (5) The authority shall use the forms adopted by the
department under subsection (4) of this section and may designate
the department to receive, on behalf of the authority, a notice

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of transfer or encumbrance provided in accordance with subsection
(2) of this section. + }
    { - (5) - }   { + (6) + } The department  { + or the
authority + } shall pay the recordation fee required by the
county clerk under ORS 205.320.
    { - (6) - }   { + (7) + } The request for notice of transfer
or encumbrance described in this section does not affect title to
real property and is not a lien on, encumbrance of or other
interest in the real property.
  SECTION 124. ORS 411.703 is amended to read:
  411.703. (1) If an overpayment of public assistance, including
supplemental nutrition assistance  { + issued under ORS 411.806
to 411.845 + }, is not repaid within 30 days of the payment due
date, after an individual has been afforded an opportunity for a
contested case hearing under ORS chapter 183 relating to the
overpayment { + , + }   { - of public assistance, including
supplemental nutrition assistance issued under ORS 411.806 to
411.845, - }  the Department of Human Services  { + or the Oregon
Health Authority + } may:
  (a) Issue a warrant that meets the requirements of ORS 205.125
for the overpayment; and
  (b) Present a warrant issued under this section for recordation
in the County Clerk Lien Record of the county clerk of any county
in the state.
  (2) The warrant must include the principal amount of the
overpayment, interest accumulated pursuant to ORS 82.010 or other
applicable law, costs associated with recording, indexing and
serving the warrant and costs associated with an instrument
evidencing satisfaction or release of the warrant.
  (3) The department  { + or the authority + } shall mail a copy
of the warrant to the debtor at the last known address of the
debtor.
  (4) Upon receipt of the warrant for recordation, the county
clerk shall record the warrant in the manner provided in ORS
205.125.
  (5) Upon issuance of the warrant, the department  { + or the
authority + } may issue a notice of garnishment in accordance
with ORS 18.854.
  (6) Upon recording, the warrant:
  (a) Has the effect described in ORS 205.125 and 205.126; and
  (b) May be enforced as provided in ORS 18.854 and 205.126.
  SECTION 124a. ORS 411.708 is amended to read:
  411.708. (1) The amount of any assistance paid under ORS
411.706 is a claim against the property or interest in the
property belonging to and a part of the estate of any deceased
recipient. If the deceased recipient has no estate, the estate of
the surviving spouse of the deceased recipient, if any, shall be
charged for assistance granted under ORS 411.706 to the deceased
recipient or the surviving spouse. There shall be no adjustment
or recovery of assistance correctly paid on behalf of any
deceased recipient under ORS 411.706 except after the death of
the surviving spouse of the deceased recipient, if any, and only
at a time when the deceased recipient has no surviving child who
is under 21 years of age or who is blind or has a disability.
Transfers of real or personal property by recipients of
assistance without adequate consideration are voidable and may be
set aside under ORS 411.620 (2).
  (2) Except when there is a surviving spouse, or a surviving
child who is under 21 years of age or who is blind or has a
disability, the amount of any assistance paid under ORS 411.706

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is a claim against the estate in any conservatorship proceedings
and may be paid pursuant to ORS 125.495.
    { - (3) A claim under this section shall exclude benefits
paid to or on behalf of a beneficiary under a policy of qualified
long term care insurance, as defined in ORS 414.025 (2)(t). - }
    { - (4) - }  { +  (3) + } Nothing in this section authorizes
the recovery of the amount of any assistance from the estate or
surviving spouse of a recipient to the extent that the need for
assistance resulted from a crime committed against the recipient.
  SECTION 125. ORS 413.011 is amended to read:
  413.011. (1) The duties of the Oregon Health Policy Board are
to:
  (a) Be the policy-making and oversight body for the Oregon
Health Authority established in ORS 413.032 and all of the
authority's departmental divisions, including the Oregon Health
Insurance Exchange described in section 17, chapter 595, Oregon
Laws 2009.
  (b) Develop and submit a plan to the Legislative Assembly by
December 31, 2010, to provide and fund access to affordable,
quality health care for all Oregonians by 2015.
  (c) Develop a program to provide health insurance premium
assistance to all low and moderate income individuals who are
legal residents of Oregon.
  (d) Establish and continuously refine uniform, statewide health
care quality standards for use by all purchasers of health care,
third-party payers and health care providers as quality
performance benchmarks.
  (e) Establish evidence-based clinical standards and practice
guidelines that may be used by providers.
  (f) Approve and monitor community-centered health initiatives
described in ORS 413.032   { - (1)(g) - }  { +  (1)(i) + } that
are consistent with public health goals, strategies, programs and
performance standards adopted by the Oregon Health Policy Board
to improve the health of all Oregonians, and shall regularly
report to the Legislative Assembly on the accomplishments and
needed changes to the initiatives.
  (g) Establish cost containment mechanisms to reduce health care
costs.
  (h) Ensure that Oregon's health care workforce is sufficient in
numbers and training to meet the demand that will be created by
the expansion in health coverage, health care system
transformations, an increasingly diverse population and an aging
workforce.
  (i) Work with the Oregon congressional delegation to advance
the adoption of changes in federal law or policy to promote
Oregon's comprehensive health reform plan.
  (j) Establish a health benefit package in accordance with ORS
413.064 to be used as the baseline for all health benefit plans
offered through the Oregon Health Insurance Exchange.
  (k) Develop and submit a plan to the Legislative Assembly by
December 31, 2010, with recommended policies and procedures for
the Oregon Health Insurance Exchange developed in accordance with
section 17, chapter 595, Oregon Laws 2009.
  (L) Develop and submit a plan to the Legislative Assembly by
December 31, 2010, with recommendations for the development of a
publicly owned health benefit plan that operates in the exchange
under the same rules and regulations as all health insurance
plans offered through the exchange, including fully allocated
fixed and variable operating and capital costs.

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  (m) By December 31, 2010, investigate and report to the
Legislative Assembly, and annually thereafter, on the feasibility
and advisability of future changes to the health insurance market
in Oregon, including but not limited to the following:
  (A) A requirement for every resident to have health insurance
coverage.
  (B) A payroll tax as a means to encourage employers to continue
providing health insurance to their employees.
  (C) Expansion of the exchange to include a program of premium
assistance and to advance reforms of the insurance market.
  (D) The implementation of a system of interoperable electronic
health records utilized by all health care providers in this
state.
  (n) Meet cost-containment goals by structuring reimbursement
rates to reward comprehensive management of diseases, quality
outcomes and the efficient use of resources by promoting
cost-effective procedures, services and programs including,
without limitation, preventive health, dental and primary care
services, web-based office visits, telephone consultations and
telemedicine consultations.
  (o) Oversee the expenditure of moneys from the Health Care
Workforce Strategic Fund to support grants to primary care
providers and rural health practitioners, to increase the number
of primary care educators and to support efforts to create and
develop career ladder opportunities.
  (p) Work with the Public Health Benefit Purchasers Committee,
administrators of the medical assistance program and the
Department of Corrections to identify uniform contracting
standards for health benefit plans that achieve maximum quality
and cost outcomes and align the contracting standards for all
state programs to the greatest extent practicable.
  (2) The Oregon Health Policy Board is authorized to:
  (a) Subject to the approval of the Governor, organize and
reorganize the authority as the board considers necessary to
properly conduct the work of the authority.
  (b) Submit directly to the Legislative Counsel, no later than
October 1 of each even-numbered year, requests for measures
necessary to provide statutory authorization to carry out any of
the board's duties or to implement any of the board's
recommendations. The measures may be filed prior to the beginning
of the legislative session in accordance with the rules of the
House of Representatives and the Senate.
  (3) If the board or the authority is unable to perform, in
whole or in part, any of the duties described in ORS 413.006 to
413.064 without federal approval, the   { - board - }
 { + authority + } is authorized to request { + , in accordance
with section 94 of this 2011 Act, + } waivers or other approval
necessary to perform those duties.  The   { - board - }
 { + authority + } shall implement any portions of those duties
not requiring legislative authority or federal approval, to the
extent practicable.
  (4) The enumeration of duties, functions and powers in this
section is not intended to be exclusive nor to limit the duties,
functions and powers imposed on the board by ORS 413.006 to
413.064 and by other statutes.
  (5) The board shall consult with the Department of Consumer and
Business Services in completing the tasks set forth in subsection
(1)(j), (k) and (m)(A) and (C) of this section.
  SECTION 126. ORS 413.032 is amended to read:

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  413.032. (1) The Oregon Health Authority is established. The
authority shall:
  (a) Carry out policies adopted by the Oregon Health Policy
Board;
  (b) Develop a plan for the Oregon Health Insurance Exchange in
accordance with section 17, chapter 595, Oregon Laws 2009;
  (c) Administer the Oregon Prescription Drug Program;
  (d) Administer the Family Health Insurance Assistance Program;
   { +  (e) Develop the policies for and the provision of
publicly funded medical care and medical assistance in this
state;
  (f) Develop the policies for and the provision of mental health
treatment and treatment of addictions;
  (g) Assess, promote and protect the health of the public as
specified by state and federal law; + }
    { - (e) - }  { +  (h) + } Provide regular reports to the
board with respect to the performance of health services
contractors serving recipients of medical assistance, including
reports of trends in health services and enrollee satisfaction;
    { - (f) - }  { +  (i) + } Guide and support, with the
authorization of the board, community-centered health initiatives
designed to address critical risk factors, especially those that
contribute to chronic disease;
    { - (g) - }  { +  (j) + } Be the state Medicaid agency for
the administration of funds from Titles XIX and XXI of the Social
Security Act and administer medical assistance under ORS chapter
414;
    { - (h) - }  { +  (k) + } In consultation with the Director
of the Department of Consumer and Business Services, periodically
review and recommend standards and methodologies to the
Legislative Assembly for:
  (A) Review of administrative expenses of health insurers;
  (B) Approval of rates; and
  (C) Enforcement of rating rules adopted by the Department of
Consumer and Business Services;
    { - (i) - }   { + (L) + } Structure reimbursement rates for
providers that serve recipients of medical assistance to reward
comprehensive management of diseases, quality outcomes and the
efficient use of resources and to promote cost-effective
procedures, services and programs including, without limitation,
preventive health, dental and primary care services, web-based
office visits, telephone consultations and telemedicine
consultations;
    { - (j) - }  { +  (m) + } Guide and support community
three-share agreements in which an employer, state or local
government and an individual all contribute a portion of a
premium for a community-centered health initiative or for
insurance coverage; and
    { - (k) - }  { +  (n) + } Develop, in consultation with the
Department of Consumer and Business Services and the Health
Insurance Reform Advisory Committee, one or more products
designed to provide more affordable options for the small group
market.
  (2) The Oregon Health Authority is authorized to:
  (a) Create an all-claims, all-payer database to collect health
care data and monitor and evaluate health care reform in Oregon
and to provide comparative cost and quality information to
consumers, providers and purchasers of health care about Oregon's
health care systems and health plan networks in order to provide
comparative information to consumers.

Enrolled House Bill 2100 (HB 2100-B)                      Page 68

  (b) Develop uniform contracting standards for the purchase of
health care, including the following:
  (A) Uniform quality standards and performance measures;
  (B) Evidence-based guidelines for major chronic disease
management and health care services with unexplained variations
in frequency or cost;
  (C) Evidence-based effectiveness guidelines for select new
technologies and medical equipment; and
  (D) A statewide drug formulary that may be used by publicly
funded health benefit plans.
  (c) Submit directly to the Legislative Counsel, no later than
October 1 of each even-numbered year, requests for measures
necessary to provide statutory authorization to carry out any of
the authority's duties or to implement any of the board's
recommendations. The measures may be filed prior to the beginning
of the legislative session in accordance with the rules of the
House of Representatives and the Senate.
  (3) The enumeration of duties, functions and powers in this
section is not intended to be exclusive nor to limit the duties,
functions and powers imposed on or vested in the Oregon Health
Authority by ORS 413.006 to 413.064 or by other statutes.
  SECTION 126a. ORS 413.033 is amended to read:
  413.033. (1) The Oregon Health Authority is under the
supervision and control of a director, who is responsible for the
performance of the duties, functions and powers of the authority.
  (2) The Governor shall appoint the Director of the Oregon
Health Authority, who holds office at the pleasure of the
Governor. The appointment of the director shall be subject to
confirmation by the Senate in the manner provided by ORS 171.562
and 171.565.
  (3) { + (a) In addition to the procurement authority granted by
ORS 179.040 and 279A.050, + } the director shall have   { - the
power to: - }  { + all powers necessary to effectively and
expeditiously carry out the duties, functions and powers vested
in the authority by ORS 413.032 and section 19, chapter 595,
Oregon Laws 2009, and the duties, functions and powers that are
shared by or delegated to the authority with respect to the
following agencies:
  (A) The Oregon Department of Administrative Services;
  (B) The Department of Consumer and Business Services; and
  (C) The Department of Human Services. + }
    { - (a) Contract for and procure, on a fee or part-time
basis, or both, such actuarial, technical or other professional
services as may be required for the discharge of duties. - }
   { +  (b) With respect to procurements and contracts that the
authority is authorized to conduct or manage, the director may
make procurements on behalf of, and supervise the procurement,
establishment and administration of contracts entered into by,
the departments described in paragraph (a) of this subsection.
  (c) Notwithstanding ORS 279B.085, the director may approve a
special procurement under paragraph (b) of this subsection that:
  (A) Describes the proposed contracting procedure and the goods
or services, or the class of goods or services, to be acquired
through the special procurement;
  (B) Is unlikely to encourage favoritism in the awarding of
public contracts or to substantially diminish competition for
public contracts; and
  (C) Is reasonably expected to result in substantial cost
savings to the authority or to the public.

Enrolled House Bill 2100 (HB 2100-B)                      Page 69

  (d) The director shall give public notice of the approval of a
proposed special procurement as provided by the authority by
rule. The requirements applicable to the Director of the Oregon
Department of Administrative Services under ORS 279B.400 apply to
the Director of the Oregon Health Authority with respect to
special procurements under this subsection.
  (e) Notwithstanding ORS 279C.335, the director may exempt a
public improvement contract or a class of public improvement
contracts that the authority is authorized to conduct or manage
from the competitive bidding requirements of ORS 279C.335 (1) if
the director makes the findings described in ORS 279C.335 (2).
The provisions in ORS 279C.335 (3) to (8) with respect to the
Director of the Oregon Department of Administrative Services
apply to the Director of the Oregon Health Authority for
exemptions granted by the director under this subsection. + }
    { - (b) - }  { +  (4) The director shall have the power
to + } obtain such other services as the director considers
necessary or desirable, including participation in organizations
of state insurance supervisory officials and appointment of
advisory committees. A member of an advisory committee so
appointed shall receive no compensation for services as a member,
but, subject to any other applicable law regulating travel and
other expenses of state officers, shall receive actual and
necessary travel and other expenses incurred in the performance
of official duties.
    { - (4) - }  { +  (5) + } The director may apply for, receive
and accept grants, gifts or other payments, including property or
services from any governmental or other public or private person
and may make arrangement for the use of the receipts, including
the undertaking of special studies and other projects relating to
the costs of health care, access to health care, public health
and health care reform.
  SECTION 127. ORS 413.064 is amended to read:
  413.064. The Oregon Health Authority, in developing and
offering the health benefit package required by ORS 413.011
(1)(j), may not establish policies or procedures that discourage
insurers from offering more comprehensive health benefit plans
that provide greater consumer choice at a higher cost. The health
benefit package approved by the Oregon Health Policy Board shall:
  (1) Promote the provision of services through an integrated
health home model that reduces unnecessary hospitalizations and
emergency department visits.
  (2) Require little or no cost sharing for evidence-based
preventive care and services, such as care and services that have
been shown to prevent acute exacerbations of disease symptoms in
individuals with chronic illnesses.
  (3) Create incentives for individuals to actively participate
in their own health care and to maintain or improve their health
status.
  (4) Require a greater contribution by an enrollee to the cost
of elective or discretionary health services.
  (5) Include a defined set of health care services that are
affordable, financially sustainable and based upon the
prioritized list of health services developed and updated by the
Health
  { - Services - }  { +  Evidence Review + } Commission under
 { - ORS 414.720 - }  { +  section 24 of this 2011 Act + }.
  SECTION 128. ORS 414.025, as amended by section 1, chapter 73,
Oregon Laws 2010, is amended to read:

Enrolled House Bill 2100 (HB 2100-B)                      Page 70

  414.025. As used in  { + ORS chapter 411 and + } this chapter,
unless the context or a specially applicable statutory definition
requires otherwise:
  (1) 'Category of aid' means assistance provided by the Oregon
Supplemental Income Program, aid granted under ORS 412.001 to
412.069 and 418.647 or federal Supplemental Security Income
payments.
  (2) 'Categorically needy' means, insofar as funds are available
for the category, a person who is a resident of this state and
who:
  (a) Is receiving a category of aid.
  (b) Would be eligible for a category of aid but is not
receiving a category of aid.
  (c) Is in a medical facility and, if the person left such
facility, would be eligible for a category of aid.
  (d) Is under the age of 21 years and would be a dependent child
as defined in ORS 412.001 except for age and regular attendance
in school or in a course of professional or technical training.
  (e)(A) Is a caretaker relative, as defined in ORS 412.001, who
cares for a child who would be a dependent child except for age
and regular attendance in school or in a course of professional
or technical training; or
  (B) Is the spouse of the caretaker relative.
  (f) Is under the age of 21 years and:
  (A) Is in a foster family home or licensed child-caring agency
or institution and is one for whom a public agency of this state
is assuming financial responsibility, in whole or in part; or
  (B) Is 18 years of age or older, is one for whom federal
financial participation is available under Title XIX or XXI of
the federal Social Security Act and who met the criteria in
subparagraph (A) of this paragraph immediately prior to the
person's 18th birthday.
  (g) Is a spouse of an individual receiving a category of aid
and who is living with the recipient of a category of aid, whose
needs and income are taken into account in determining the cash
needs of the recipient of a category of aid, and who is
determined by the Department of Human Services to be essential to
the well-being of the recipient of a category of aid.
  (h) Is a caretaker relative as defined in ORS 412.001 who cares
for a dependent child receiving aid granted under ORS 412.001 to
412.069 and 418.647 or is the spouse of the caretaker relative.
  (i) Is under the age of 21 years, is in a youth care center and
is one for whom a public agency of this state is assuming
financial responsibility, in whole or in part.
  (j) Is under the age of 21 years and is in an intermediate care
facility which includes institutions for persons with
 { - mental retardation - }  { +  developmental disabilities + }.
  (k) Is under the age of 22 years and is in a psychiatric
hospital.
  (L) Is under the age of 21 years and is in an independent
living situation with all or part of the maintenance cost paid by
the Department of Human Services.
  (m) Is a member of a family that received aid in the preceding
month under ORS 412.006 or 412.014 and became ineligible for aid
due to increased hours of or increased income from employment. As
long as the member of the family is employed, such families will
continue to be eligible for medical assistance for a period of at
least six calendar months beginning with the month in which such
family became ineligible for assistance due to increased hours of
employment or increased earnings.

Enrolled House Bill 2100 (HB 2100-B)                      Page 71

  (n) Is an adopted person under 21 years of age for whom a
public agency is assuming financial responsibility in whole or in
part.
  (o) Is an individual or is a member of a group who is required
by federal law to be included in the state's medical assistance
program in order for that program to qualify for federal funds.
  (p) Is an individual or member of a group who, subject to the
rules of the department { +  or the Oregon Health Authority + },
may optionally be included in the state's medical assistance
program under federal law and regulations concerning the
availability of federal funds for the expenses of that individual
or group.
  (q) Is a pregnant woman who would be eligible for aid granted
under ORS 412.001 to 412.069 and 418.647, whether or not the
woman is eligible for cash assistance.
  (r) Except as otherwise provided in this section, is a pregnant
woman or child for whom federal financial participation is
available under Title XIX or XXI of the federal Social Security
Act.
  (s) Is not otherwise categorically needy and is not eligible
for care under Title XVIII of the federal Social Security Act or
is not a full-time student in a post-secondary education program
as defined by the department   { - of Human Services - }   { + or
the authority + } by rule, but whose family income is less than
the federal poverty level and whose family investments and
savings equal less than the investments and savings limit
established by the department  { + or the authority + } by rule.
  (t) Would be eligible for a category of aid but for the receipt
of qualified long term care insurance benefits under a policy or
certificate issued on or after January 1, 2008. As used in this
paragraph, 'qualified long term care insurance' means a policy or
certificate of insurance as defined in ORS 743.652 (6).
  (u) Is eligible for the Health Care for All Oregon Children
program established in ORS 414.231.
  (3) 'Income' has the meaning given that term in ORS 411.704.
  (4) 'Investments and savings' means cash, securities as defined
in ORS 59.015, negotiable instruments as defined in ORS 73.0104
and such similar investments or savings as the department
  { - of Human Services - }   { + or the authority + } may
establish by rule that are available to the applicant or
recipient to contribute toward meeting the needs of the applicant
or recipient.
  (5) 'Medical assistance' means so much of the following medical
and remedial care and services as may be prescribed by the
  { - Oregon Health - }  authority according to the standards
established pursuant to ORS   { - 413.032 - }  { +  414.065 + },
including payments made for services provided under an insurance
or other contractual arrangement and money paid directly to the
recipient for the purchase of medical care:
  (a) Inpatient hospital services, other than services in an
institution for mental diseases;
  (b) Outpatient hospital services;
  (c) Other laboratory and X-ray services;
  (d) Skilled nursing facility services, other than services in
an institution for mental diseases;
  (e) Physicians' services, whether furnished in the office, the
patient's home, a hospital, a skilled nursing facility or
elsewhere;

Enrolled House Bill 2100 (HB 2100-B)                      Page 72

  (f) Medical care, or any other type of remedial care recognized
under state law, furnished by licensed practitioners within the
scope of their practice as defined by state law;
  (g) Home health care services;
  (h) Private duty nursing services;
  (i) Clinic services;
  (j) Dental services;
  (k) Physical therapy and related services;
  (L) Prescribed drugs, including those dispensed and
administered as provided under ORS chapter 689;
  (m) Dentures and prosthetic devices; and eyeglasses prescribed
by a physician skilled in diseases of the eye or by an
optometrist, whichever the individual may select;
  (n) Other diagnostic, screening, preventive and rehabilitative
services;
  (o) Inpatient hospital services, skilled nursing facility
services and intermediate care facility services for individuals
65 years of age or over in an institution for mental diseases;
  (p) Any other medical care, and any other type of remedial care
recognized under state law;
  (q) Periodic screening and diagnosis of individuals under the
age of 21 years to ascertain their physical or mental
impairments, and such health care, treatment and other measures
to correct or ameliorate impairments and chronic conditions
discovered thereby;
  (r) Inpatient hospital services for individuals under 22 years
of age in an institution for mental diseases; and
  (s) Hospice services.
  (6) 'Medical assistance' includes any care or services for any
individual who is a patient in a medical institution or any care
or services for any individual who has attained 65 years of age
or is under 22 years of age, and who is a patient in a private or
public institution for mental diseases. 'Medical assistance '
includes 'health services' as defined in ORS 414.705. 'Medical
assistance' does not include care or services for an inmate in a
nonmedical public institution.
    { - (7) 'Medically needy' means a person who is a resident of
this state and who is considered eligible under federal law for
medically needy assistance. - }
    { - (8) - }  { +  (7) + } 'Resources' has the meaning given
that term in ORS 411.704. For eligibility purposes, 'resources'
does not include charitable contributions raised by a community
to assist with medical expenses.
  SECTION 129. ORS 414.033 is amended to read:
  414.033. The Oregon Health Authority may:
  (1) Subject to the allotment system provided for in ORS 291.234
to 291.260, expend such sums as are required to be expended in
this state to provide medical assistance. Expenditures for
medical assistance include, but are not limited to, expenditures
for deductions, cost sharing, enrollment fees, premiums or
similar charges imposed with respect to hospital insurance
benefits or supplementary health insurance benefits, as
established by federal law.
  (2) Enter into agreements with, join with or accept grants
from, the federal government for cooperative research and
demonstration projects for public welfare purposes, including,
but not limited to, any project which determines the cost of
providing medical assistance   { - to the medically needy - }
and evaluates service delivery systems.
  SECTION 130. ORS 414.041 is amended to read:

Enrolled House Bill 2100 (HB 2100-B)                      Page 73

  414.041. (1) The   { - Department of Human Services - }  { +
Oregon Health Authority + }, under the direction of the Oregon
Health Policy Board and in collaboration with the   { - Oregon
Health Authority - }  { +  Department of Human Services + },
shall implement a streamlined and simple application process for
the medical assistance and premium assistance programs
administered by the 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 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 131. ORS 414.065 is amended to read:
  414.065. (1)(a) With respect to medical and remedial care and
services to be provided in medical assistance during any period,
and within the limits of funds available therefor, the Oregon
Health Authority shall determine, subject to such revisions as it
may make from time to time and with respect to the 'health
services' defined in ORS 414.705, subject to legislative funding
in response to the report of the Health   { - Services - }  { +
Evidence Review + } Commission and paragraph (b) of this
subsection:
  (A) The types and extent of medical and remedial care and
services to be provided to each eligible group of recipients of
medical assistance.
  (B) Standards to be observed in the provision of medical and
remedial care and services.
  (C) The number of days of medical and remedial care and
services toward the cost of which public assistance funds will be
expended in the care of any person.
  (D) Reasonable fees, charges and daily rates to which public
assistance funds will be applied toward meeting the costs of
providing medical and remedial care and services to an applicant
or recipient.
  (E) Reasonable fees for professional medical and dental
services which may be based on usual and customary fees in the
locality for similar services.
  (F) The amount and application of any copayment or other
similar cost-sharing payment that the authority may require a
recipient to pay toward the cost of medical and remedial care or
services.
  (b)   { - Notwithstanding ORS 414.720 (8), - }  The authority
shall adopt rules establishing timelines for payment of health
services under paragraph (a) of this subsection.
  (2) The types and extent of medical and remedial care and
services and the amounts to be paid in meeting the costs thereof,

Enrolled House Bill 2100 (HB 2100-B)                      Page 74

as determined and fixed by the authority and within the limits of
funds available therefor, shall be the total available for
medical assistance and payments for such medical assistance shall
be the total amounts from public assistance funds available to
providers of medical and remedial care and services in meeting
the costs thereof.
  (3) Except for payments under a cost-sharing plan, payments
made by the authority for medical assistance shall constitute
payment in full for all medical and remedial care and services
for which such payments of medical assistance were made.
    { - (4) Medical benefits, standards and limits established
pursuant to subsection (1)(a)(A), (B) and (C) of this section for
the eligible medically needy, except for persons receiving
assistance under ORS 411.706, may be less than but may not exceed
medical benefits, standards and limits established for the
eligible categorically needy, except that, in the case of a
research and demonstration project entered into under ORS
411.135, medical benefits, standards and limits for the eligible
medically needy may exceed those established for specific
eligible groups of the categorically needy. - }
  SECTION 132. ORS 414.211 is amended to read:
  414.211. (1) There is established a Medicaid Advisory Committee
consisting of not more than 15 members appointed by the Governor.
  (2) The committee shall be composed of:
  (a) A physician licensed under ORS chapter 677;
  (b) Two members of health care consumer groups that include
Medicaid recipients;
  (c) Two Medicaid recipients, one of whom shall be a person with
a disability;
  (d) The Director of the Oregon Health Authority or designee;
   { +  (e) The Director of Human Services or designee; + }
    { - (e) - }  { +  (f) + } Health care providers;
    { - (f) - }  { +  (g) + } Persons associated with health care
organizations, including but not limited to managed care plans
under contract to the Medicaid program; and
    { - (g) - }  { +  (h) + } Members of the general public.
  (3) In making appointments, the Governor shall consult with
appropriate professional and other interested organizations. All
members appointed to the committee shall be familiar with the
medical needs of low income persons.
  (4) The term of office for each member shall be two years, but
each member shall serve at the pleasure of the Governor.
  (5) Members of the committee shall receive no compensation for
their services but, subject to any applicable state law, shall be
allowed actual and necessary travel expenses incurred in the
performance of their duties from the Oregon Health Authority
Fund.
  SECTION 133. ORS 414.221 is amended to read:
  414.221. The Medicaid Advisory Committee shall advise   { - the
Administrator of the Office for Oregon Health Policy and Research
and - }  the Director of the Oregon Health Authority { +  and the
Director of Human Services + } on:
  (1) Medical care, including mental health and alcohol and drug
treatment and remedial care to be provided under ORS chapter 414;
and
  (2) The operation and administration of programs provided under
ORS chapter 414.
  SECTION 134. ORS 414.227 is amended to read:
  414.227. (1) ORS 192.610 to 192.690 apply to any meeting of an
advisory committee with the authority to make decisions for,

Enrolled House Bill 2100 (HB 2100-B)                      Page 75

conduct policy research for or make recommendations to the Oregon
Health Authority { + , + }   { - or - }  the Oregon Health Policy
Board { +  or the Department of Human Services + } on
administration or policy related to the medical assistance
program operated under this chapter.
  (2) Subsection (1) of this section applies only to advisory
committee meetings attended by two or more advisory committee
members who are not employed by a public body.
  SECTION 135. ORS 414.231 is amended to read:
  414.231. (1) As used in this section:
  (a) 'Child' means a person under 19 years of age.
  (b) 'Health benefit plan' has the meaning given that term in
ORS 414.841.
  (2) The Health Care for All Oregon Children program is
established to make affordable, accessible health care available
to all of Oregon's children. The program is composed of:
  (a) Medical assistance funded in whole or in part by Title XIX
of the Social Security Act, by the State Children's Health
Insurance Program under Title XXI of the Social Security Act and
by moneys appropriated or allocated for that purpose by the
Legislative Assembly; and
  (b) A private health option administered by the Office of
Private Health Partnerships under ORS 414.826.
  (3) A child is eligible for the program if the child is
lawfully present in this state and the income of the child's
family is at or below 300 percent of the federal poverty
guidelines. There is no asset limit to qualify for the program.
  (4)(a) A child receiving medical assistance under the program
is continuously eligible for a minimum period of 12 months.
  (b) The Department of Human Services shall reenroll a child for
successive 12-month periods of enrollment as long as the child is
eligible for medical assistance on the date of reenrollment.
  (c) The department may not require a new application as a
condition of reenrollment under paragraph (b) of this subsection
and must determine the person's eligibility for medical
assistance using information and sources available to the
department or documentation readily available to the person.
  (5) Except for medical assistance funded by Title XIX of the
Social Security Act, the department { +  or the Oregon Health
Authority + } may prescribe by rule a period of uninsurance prior
to enrollment in the program.
  SECTION 136. ORS 414.312 is amended to read:
  414.312. (1) As used in ORS 414.312 to 414.318:
  (a) 'Pharmacy benefit manager' means an entity that negotiates
and executes contracts with pharmacies, manages preferred drug
lists, negotiates rebates with prescription drug manufacturers
and serves as an intermediary between the Oregon Prescription
Drug Program, prescription drug manufacturers and pharmacies.
  (b) 'Prescription drug claims processor' means an entity that
processes and pays prescription drug claims, adjudicates pharmacy
claims, transmits prescription drug prices and claims data
between pharmacies and the Oregon Prescription Drug Program and
processes related payments to pharmacies.
  (c) 'Program price' means the reimbursement rates and
prescription drug prices established by the administrator of the
Oregon Prescription Drug Program.
  (2) The Oregon Prescription Drug Program is established in the
Oregon Health Authority. The purpose of the program is to:

Enrolled House Bill 2100 (HB 2100-B)                      Page 76

  (a) Purchase prescription drugs, replenish prescription drugs
dispensed or reimburse pharmacies for prescription drugs in order
to receive discounted prices and rebates;
  (b) Make prescription drugs available at the lowest possible
cost to participants in the program as a means to promote health;
  (c) Maintain a list of prescription drugs recommended as the
most effective prescription drugs available at the best possible
prices; and
  (d) Promote health through the purchase and provision of
discount prescription drugs and coordination of comprehensive
prescription benefit services for eligible entities and members.
  (3) The Director of the Oregon Health Authority shall appoint
an administrator of the Oregon Prescription Drug Program. The
administrator may:
  (a) Negotiate price discounts and rebates on prescription drugs
with prescription drug manufacturers or group purchasing
organizations;
  (b) Purchase prescription drugs on behalf of individuals and
entities that participate in the program;
  (c) Contract with a prescription drug claims processor to
adjudicate pharmacy claims and transmit program prices to
pharmacies;
  (d) Determine program prices and reimburse or replenish
pharmacies for prescription drugs dispensed or transferred;
  (e) Adopt and implement a preferred drug list for the program;
  (f) Develop a system for allocating and distributing the
operational costs of the program and any rebates obtained to
participants of the program; and
  (g) Cooperate with other states or regional consortia in the
bulk purchase of prescription drugs.
  (4) The following individuals or entities may participate in
the program:
  (a) Public Employees' Benefit Board, Oregon Educators Benefit
Board and Public Employees Retirement System;
  (b) Local governments as defined in ORS 174.116 and special
government bodies as defined in ORS 174.117 that directly or
indirectly purchase prescription drugs;
  (c) Oregon Health and Science University established under ORS
353.020;
  (d) State agencies that directly or indirectly purchase
prescription drugs, including agencies that dispense prescription
drugs directly to persons in state-operated facilities;
  (e) Residents of this state who lack or are underinsured for
prescription drug coverage;
  (f) Private entities; and
  (g) Labor organizations.
  (5) The state agency that receives federal Medicaid funds and
is responsible for implementing the state's medical assistance
program may not participate in the program.
  (6) The administrator may establish different program prices
for pharmacies in rural areas to maintain statewide access to the
program.
  (7) The administrator may establish the terms and conditions
for a pharmacy to enroll in the program. A licensed pharmacy that
is willing to accept the terms and conditions established by the
administrator may apply to enroll in the program.
  (8) Except as provided in subsection   { - (10) - }  { +
(9) + } of this section, the administrator may not:
  (a) Contract with a pharmacy benefit manager;

Enrolled House Bill 2100 (HB 2100-B)                      Page 77

  (b) Establish a state-managed wholesale or retail drug
distribution or dispensing system; or
  (c) Require pharmacies to maintain or allocate separate
inventories for prescription drugs dispensed through the program.
  (9) The administrator shall contract with one or more entities
to perform any of the functions of the program, including but not
limited to:
  (a) Contracting with a pharmacy benefit manager and directly or
indirectly with such pharmacy networks as the administrator
considers necessary to maintain statewide access to the program.
  (b) Negotiating with prescription drug manufacturers on behalf
of the administrator.
  (10) Notwithstanding subsection (4)(e) of this section,
individuals who are eligible for Medicare Part D prescription
drug coverage may participate in the program.
  (11) The program may contract with vendors as necessary to
utilize discount purchasing programs, including but not limited
to group purchasing organizations established to meet the
criteria of the Nonprofit Institutions Act, 15 U.S.C. 13c, or
that are exempt under the Robinson-Patman Act, 15 U.S.C. 13.
  SECTION 137. ORS 414.332 is amended to read:
  414.332. It is the policy of the State of Oregon that a
Practitioner-Managed Prescription Drug Plan will ensure that:
  (1) Oregonians have access to the most effective prescription
drugs appropriate for their clinical conditions;
  (2) Decisions concerning the clinical effectiveness of
prescription drugs are made by licensed health practitioners, are
informed by the latest peer-reviewed research and consider the
health condition of a patient or characteristics of a patient,
including the patient's gender, race or ethnicity; and
  (3) The cost of prescription drugs in the medical assistance
program is managed through market competition among
pharmaceutical manufacturers by   { - publicly - }  considering,
first, the effectiveness  { +  and safety + } of a given drug
and, second,   { - its relative cost - }  { +  any substantial
cost differences between drugs within the same therapeutic
class + }.
  SECTION 138. ORS 414.334 is amended to read:
  414.334. (1) The Oregon Health Authority shall adopt a
Practitioner-Managed Prescription Drug Plan for the medical
assistance program. The purpose of the plan is to ensure that
enrollees   { - of - }  { +  in + } the medical assistance
program receive the most effective prescription drug available at
the best possible price.
    { - (2) Before adopting the plan, the authority shall conduct
public meetings and consult with the Health Resources
Commission. - }
   { +  (2) In adopting the plan, the authority shall consider
recommendations of the Pharmacy and Therapeutics Committee. + }
  (3) The authority shall consult with representatives of the
regulatory boards and associations representing practitioners who
are prescribers under the medical assistance program and ensure
that practitioners receive educational materials and have access
to training on the Practitioner-Managed Prescription Drug Plan.
  (4) An enrollee may appeal to the authority a decision of a
practitioner or the authority to not provide a prescription drug
requested by the enrollee.
  (5) This section does not limit the decision of a practitioner
as to the scope and duration of treatment of chronic conditions,
including but not limited to arthritis, diabetes and asthma.

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  SECTION 139. ORS 414.334, as amended by section 10, chapter
827, Oregon Laws 2009, is amended to read:
  414.334. (1) The Oregon Health Authority shall adopt a
Practitioner-Managed Prescription Drug Plan for the medical
assistance program. The purpose of the plan is to ensure that
enrollees   { - of - }  { +  in + } the medical assistance
program receive the most effective prescription drug available at
the best possible price.
    { - (2) Before adopting the plan, the authority shall conduct
public meetings and consult with the Health Resources
Commission. - }
   { +  (2) In adopting the plan, the authority shall consider
recommendations of the Pharmacy and Therapeutics Committee. + }
  (3) The authority shall consult with representatives of the
regulatory boards and associations representing practitioners who
are prescribers under the medical assistance program and ensure
that practitioners receive educational materials and have access
to training on the Practitioner-Managed Prescription Drug Plan.
  (4) Notwithstanding the Practitioner-Managed Prescription Drug
Plan adopted by the authority, a practitioner may prescribe any
drug that the practitioner indicates is medically necessary for
an enrollee as being the most effective available.
  (5) An enrollee may appeal to the authority a decision of a
practitioner or the authority to not provide a prescription drug
requested by the enrollee.
  (6) This section does not limit the decision of a practitioner
as to the scope and duration of treatment of chronic conditions,
including but not limited to arthritis, diabetes and asthma.
   { +  NOTE: + } Section 140 was deleted by amendment.
Subsequent sections were not renumbered.
  SECTION 141. ORS 414.538 is amended to read:
  414.538. (1) The Department of Human Services { +  and the
Oregon Health Authority + } may not impose income or resource
limitations or a prior period of uninsurance on a woman who
otherwise qualifies for medical assistance under ORS 414.534 or
414.536.
  (2)   { - In determining eligibility for - }   { + In
establishing eligibility requirements for + } medical assistance
under ORS 414.534
  { - or 414.536 - } , the department { +  and the authority + }
shall give priority to low-income women.
  SECTION 142. ORS 414.705 is amended to read:
  414.705. (1) As used in ORS 414.705 to 414.750, 'health
services' means at least so much of each of the following as are
approved and funded by the Legislative Assembly:
  (a) Services required by federal law to be included in the
state's medical assistance program in order for the program to
qualify for federal funds;
  (b) Services provided by a physician as defined in ORS 677.010,
a nurse practitioner certified under ORS 678.375 or other
licensed practitioner within the scope of the practitioner's
practice as defined by state law, and ambulance services;
  (c) Prescription drugs;
  (d) Laboratory and X-ray services;
  (e) Medical supplies;
  (f) Mental health services;
  (g) Chemical dependency services;
  (h) Emergency dental services;
  (i) Nonemergency dental services;

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  (j) Provider services, other than services described in
paragraphs (a) to (i), (k), (L) and (m) of this subsection,
defined by federal law that may be included in the state's
medical assistance program;
  (k) Emergency hospital services;
  (L) Outpatient hospital services; and
  (m) Inpatient hospital services.
  (2) Health services approved and funded under subsection (1) of
this section are subject to the prioritized list of health
services required in   { - ORS 414.720 - }  { +  in section 24 of
this 2011 Act + }.
  SECTION 143. ORS 414.707 is amended to read:
  414.707. (1) Persons described in ORS 414.706 (1), (2)
 { - , - }  { +  and + } (3)   { - and (5) - }  are eligible to
receive all the health services approved and funded by the
Legislative Assembly.
   { +  (2) Persons described in ORS 414.706 (5) are eligible to
receive all the health services approved and funded by the
Legislative Assembly distinct from the services approved and
funded for persons described in ORS 414.706 (1), (2) and (3). + }
    { - (2) - }   { + (3) + } Persons described in ORS 414.708
are eligible to receive the health services described in ORS
414.705 (1)(c), (f) and (g).
  SECTION 144. ORS 414.708 is amended to read:
  414.708. (1) A person is eligible to receive the health
services described in ORS 414.707   { - (2) - }   { + (3) + }
when the person is a resident of this state who:
  (a) Is 65 years of age or older, or is blind or has a
disability as those terms are defined in ORS 411.704;
  (b) Has a gross annual income that does not exceed the standard
established by the Oregon Health   { - Policy Board - }  { +
Authority or the Department of Human Services + }; and
  (c) Is not covered under any public or private prescription
drug benefit program.
  (2) A person receiving prescription drug services under ORS
414.707   { - (2) - }   { + (3) + } shall pay up to a percentage
of the Medicaid price of the prescription drug established by the
authority by rule and the dispensing fee.
  SECTION 145. ORS 414.710 is amended to read:
  414.710. The following services are not subject to   { - ORS
414.720 - }  { +  section 24 of this 2011 Act + }:
  (1) Nursing facilities, institutional and home- and
community-based waivered services funded through the Department
of Human Services; and
  (2) Services to children who are wards of the Department of
Human Services by order of the juvenile court and services to
children and families for health care or mental health care
through the department.
  SECTION 146. ORS 414.712 is amended to read:
  414.712. The Oregon Health Authority shall provide
 { - medical assistance - }  { +  health services + } under ORS
414.705 to 414.750 to eligible persons who are determined
eligible for medical assistance   { - by the Department of Human
Services according to ORS 411.706 - }  { +  as defined in ORS
414.025 + }. The Oregon Health Authority shall also provide the
following:
  (1) Ombudsman services for eligible persons who receive
assistance under ORS 411.706. With the concurrence of the
Governor and the Oregon Health Policy Board, the Director of the
Oregon Health Authority shall appoint ombudsmen and may terminate

Enrolled House Bill 2100 (HB 2100-B)                      Page 80

an ombudsman. Ombudsmen are under the supervision and control of
the director. An ombudsman shall serve as a patient's advocate
whenever the patient or a physician or other medical personnel
serving the patient is reasonably concerned about access to,
quality of or limitations on the care being provided by a health
care provider. Patients shall be informed of the availability of
an ombudsman. Ombudsmen shall report to the Governor and the
Oregon Health Policy Board in writing at least once each quarter.
A report shall include a summary of the services that the
ombudsman provided during the quarter and the ombudsman's
recommendations for improving ombudsman services and access to or
quality of care provided to eligible persons by health care
providers.
  (2) Case management services in each health care provider
organization for those eligible persons who receive assistance
under ORS 411.706. Case managers shall be trained in and shall
exhibit skills in communication with and sensitivity to the
unique health care needs of people who receive assistance under
ORS 411.706. Case managers shall be reasonably available to
assist patients served by the organization with the coordination
of the patient's health care services at the reasonable request
of the patient or a physician or other medical personnel serving
the patient. Patients shall be informed of the availability of
case managers.
  (3) A mechanism, established by rule, for soliciting consumer
opinions and concerns regarding accessibility to and quality of
the services of each health care provider.
  (4) A choice of available medical plans and, within those
plans, choice of a primary care provider.
  (5) Due process procedures for any individual whose request for
medical assistance coverage for any treatment or service is
denied or is not acted upon with reasonable promptness. These
procedures shall include an expedited process for cases in which
a patient's medical needs require swift resolution of a dispute.
  SECTION 147. ORS 414.725 is amended to read:
  414.725. (1)(a) Pursuant to rules adopted by the Oregon Health
Authority, the authority shall execute prepaid managed care
health services contracts for health services funded by the
Legislative Assembly. The contract must require that all services
are provided to the extent and scope of the Health
 { - Services - }  { +  Evidence Review + } Commission's report
for each service provided under the contract. The contracts are
not subject to ORS chapters 279A and 279B, except ORS 279A.250 to
279A.290 and 279B.235.
  { - Notwithstanding ORS 414.720 (8), - }  The rules adopted by
the authority shall establish timelines for executing the
contracts described in this paragraph.
  (b) It is the intent of ORS 414.705 to 414.750 that the state
use, to the greatest extent possible, prepaid managed care health
services organizations to provide physical health, dental, mental
health and chemical dependency services under ORS 414.705 to
414.750.
  (c) The authority shall solicit qualified providers or plans to
be reimbursed for providing the covered services. The contracts
may be with hospitals and medical organizations, health
maintenance organizations, managed health care plans and any
other qualified public or private prepaid managed care health
services organization. The authority may not discriminate against
any contractors that offer services within their providers'
lawful scopes of practice.

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  (d) The authority shall establish annual financial reporting
requirements for prepaid managed care health services
organizations. The authority shall prescribe a reporting
procedure that elicits sufficiently detailed information for the
authority to assess the financial condition of each prepaid
managed care health services organization and that includes
information on the three highest executive salary and benefit
packages of each prepaid managed care health services
organization.
  (e) The authority shall require compliance with the provisions
of paragraph (d) of this subsection as a condition of entering
into a contract with a prepaid managed care health services
organization.
  (f)(A) The authority shall adopt rules and procedures to ensure
that a rural health clinic that provides a health service to an
enrollee of a prepaid managed care health services organization
receives total aggregate payments from the organization, other
payers on the claim and the authority that are no less than the
amount the rural health clinic would receive in the authority's
fee-for-service payment system. The authority shall issue a
payment to the rural health clinic in accordance with this
subsection within 45 days of receipt by the authority of a
completed billing form.
  (B) 'Rural health clinic,' as used in this paragraph, shall be
defined by the authority by rule and shall conform, as far as
practicable or applicable in this state, to the definition of
that term in 42 U.S.C. 1395x(aa)(2).
  (2) The authority may institute a fee-for-service case
management system or a fee-for-service payment system for the
same physical health, dental, mental health or chemical
dependency services provided under the health services contracts
for persons eligible for health services under ORS 414.705 to
414.750 in designated areas of the state in which a prepaid
managed care health services organization is not able to assign
an enrollee to a person or entity that is primarily responsible
for coordinating the physical health, dental, mental health or
chemical dependency services provided to the enrollee. In
addition, the authority may make other special arrangements as
necessary to increase the interest of providers in participation
in the state's managed care system, including but not limited to
the provision of stop-loss insurance for providers wishing to
limit the amount of risk they wish to underwrite.
  (3) As provided in subsections (1) and (2) of this section, the
aggregate expenditures by the authority for health services
provided pursuant to ORS 414.705 to 414.750 may not exceed the
total dollars appropriated for health services under ORS 414.705
to 414.750.
  (4) Actions taken by providers, potential providers,
contractors and bidders in specific accordance with ORS 414.705
to 414.750 in forming consortiums or in otherwise entering into
contracts to provide health care services shall be performed
pursuant to state supervision and shall be considered to be
conducted at the direction of this state, shall be considered to
be lawful trade practices and may not be considered to be the
transaction of insurance for purposes of the Insurance Code.
  (5) Health care providers contracting to provide services under
ORS 414.705 to 414.750 shall advise a patient of any service,
treatment or test that is medically necessary but not covered
under the contract if an ordinarily careful practitioner in the

Enrolled House Bill 2100 (HB 2100-B)                      Page 82

same or similar community would do so under the same or similar
circumstances.
  (6) A prepaid managed care health services organization shall
provide information on contacting available providers to an
enrollee in writing within 30 days of assignment to the health
services organization.
  (7) Each prepaid managed care health services organization
shall provide upon the request of an enrollee or prospective
enrollee annual summaries of the organization's aggregate data
regarding:
  (a) Grievances and appeals; and
  (b) Availability and accessibility of services provided to
enrollees.
  (8) A prepaid managed care health services organization may not
limit enrollment in a designated area based on the zip code of an
enrollee or prospective enrollee.
  SECTION 148. ORS 414.730 is amended to read:
  414.730. The Health   { - Services - }  { +  Evidence
Review + } Commission shall   { - establish a Subcommittee on
Mental Health Care and Chemical Dependency to assist the
commission - }  { +  consult with an advisory committee + } in
determining priorities for mental health care and chemical
dependency. The   { - subcommittee - }  { +  advisory
committee + } shall include mental health and chemical dependency
professionals who provide inpatient and outpatient mental health
and chemical dependency care.
  SECTION 149. ORS 414.735 is amended to read:
  414.735. (1) If insufficient resources are available during a
contract period:
  (a) The population of eligible persons determined by law
  { - shall - }   { + may + } not be reduced.
  (b) The reimbursement rate for providers and plans established
under the contractual agreement   { - shall - }   { + may + } not
be reduced.
  (2) In the circumstances described in subsection (1) of this
section, reimbursement shall be adjusted by reducing the health
services for the eligible population by eliminating services in
the order of priority recommended by the Health
 { - Services - }  { +  Evidence Review + } Commission, starting
with the least important and progressing toward the most
important.
  (3) The Oregon Health   { - Policy Board - }
 { + Authority + } shall obtain the approval of the Legislative
Assembly, or the Emergency Board if the Legislative Assembly is
not in session, before instituting the reductions. In addition,
providers contracting to provide health services under ORS
414.705 to 414.750 must be notified at least two weeks prior to
any legislative consideration of such reductions. Any reductions
made under this section shall take effect no sooner than 60 days
following final legislative action approving the reductions.
  (4) This section does not apply to reductions made by the
Legislative Assembly in a legislatively adopted or approved
budget.
  SECTION 150. ORS 414.736 is amended to read:
  414.736. As used in this section and ORS 414.725, 414.737,
414.738, 414.739, 414.740,   { - 414.741, - }  414.742 and
414.743 and section 9, chapter 867, Oregon Laws 2009:
  (1) 'Designated area' means a geographic area of the state
defined by the Oregon Health Authority by rule that is served by
a prepaid managed care health services organization.

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  (2) 'Fully capitated health plan' means an organization that
contracts with the Oregon Health Authority or the Oregon Health
Policy Board on a prepaid capitated basis under ORS 414.725 to
provide an adequate network of providers to ensure that the
health services provided under the contract are reasonably
accessible to enrollees.
  (3) 'Physician care organization' means an organization that
contracts with the Oregon Health Authority or the Oregon Health
Policy Board on a prepaid capitated basis under ORS 414.725 to
provide an adequate network of providers to ensure that the
health services described in ORS 414.705 (1)(b), (c), (d), (e),
(g) and (j) are reasonably accessible to enrollees. A physician
care organization may also contract with the authority or the
board on a prepaid capitated basis to provide the health services
described in ORS 414.705 (1)(k) and (L).
  (4) 'Prepaid managed care health services organization ' means
a managed physical health, dental, mental health or chemical
dependency organization that contracts with the authority or the
board on a prepaid capitated basis under ORS 414.725. A prepaid
managed care health services organization may be a dental care
organization, fully capitated health plan, physician care
organization, mental health organization or chemical dependency
organization.
  SECTION 151. ORS 414.736, as amended by section 6, chapter 886,
Oregon Laws 2009, is amended to read:
  414.736. As used in this section and ORS 414.725, 414.737,
414.738, 414.739, 414.740  { - , 414.741 - }  and 414.742 and
section 9, chapter 867, Oregon Laws 2009:
  (1) 'Designated area' means a geographic area of the state
defined by the Oregon Health Authority by rule that is served by
a prepaid managed care health services organization.
  (2) 'Fully capitated health plan' means an organization that
contracts with the Oregon Health Authority or the Oregon Health
Policy Board on a prepaid capitated basis under ORS 414.725 to
provide an adequate network of providers to ensure that the
health services provided under the contract are reasonably
accessible to enrollees.
  (3) 'Physician care organization' means an organization that
contracts with the Oregon Health Authority or the Oregon Health
Policy Board on a prepaid capitated basis under ORS 414.725 to
provide an adequate network of providers to ensure that the
health services described in ORS 414.705 (1)(b), (c), (d), (e),
(g) and (j) are reasonably accessible to enrollees. A physician
care organization may also contract with the authority or the
board on a prepaid capitated basis to provide the health services
described in ORS 414.705 (1)(k) and (L).
  (4) 'Prepaid managed care health services organization ' means
a managed physical health, dental, mental health or chemical
dependency organization that contracts with the authority or the
board on a prepaid capitated basis under ORS 414.725. A prepaid
managed care health services organization may be a dental care
organization, fully capitated health plan, physician care
organization, mental health organization or chemical dependency
organization.
  SECTION 152.  { + Sections 22 to 24 of this 2011 Act are added
to and made a part of ORS 414.705 to 414.750. + }
  SECTION 153. ORS 416.340 is amended to read:
  416.340. (1) With respect to any claim   { - which the
Department of Human Services may have - }  against the estate of
a deceased person, the Department of Human Services  { + and the

Enrolled House Bill 2100 (HB 2100-B)                      Page 84

Oregon Health Authority + } may  { - , subject to such terms as
it may prescribe in any such case - } :
  (a) Secure payment of   { - such - }  { +  the + } claim in
whole or in part by the acceptance of assignments, conveyances,
notes, mortgages and other transfers of property or interests
therein.
  (b) Waive   { - such - }  { +  the + } claim to the extent that
the department
  { - of Human Services - }  { +  or the authority + } finds that
 { - the - }  enforcement
  { - thereof - }  would tend to defeat the purpose of the public
assistance laws.
  (2) To the extent that the need for aid resulted from a crime
committed against the recipient, a claim for recovery of the
amount of such aid defeats the purpose of the public assistance
laws.
  SECTION 154. ORS 416.350 is amended to read:
  416.350. (1)  { + The Department of Human Services or + } the
Oregon Health Authority may recover from any person the amounts
of medical assistance  { + the department or the authority + }
incorrectly paid  { + to or + } on behalf of   { - such - }
 { + the + } person.
  (2) Medical assistance pursuant to   { - this chapter - }  { +
ORS chapter 414 + } paid  { + to or + } on behalf of an
individual who was 55 years of age or older when the individual
received   { - such - }   { + the + } assistance, or paid  { + to
or + } on behalf of a person of any age who was a permanently
institutionalized inpatient in a nursing facility, intermediate
care facility for persons with mental retardation or other
medical institution, may be recovered from the estate of the
individual or from any recipient of property or other assets held
by the individual at the time of death including the estate of
the surviving spouse. Claim for such medical assistance correctly
paid to  { + or on behalf of + } the individual may be
established against the estate, but   { - there shall be no
adjustment or recovery thereof - }   { + the claim may not be
adjusted or recovered + } until after the death of the surviving
spouse, if any, and only at a time when the individual has no
surviving child who is under 21 years of age or who is blind or
permanently and totally disabled. Transfers of real or personal
property by recipients of such aid without adequate consideration
are voidable and may be set aside under ORS 411.620 (2).
  (3) Nothing in this section authorizes the recovery of the
amount of any aid from the estate or surviving spouse of a
recipient to the extent that the need for aid resulted from a
crime committed against the recipient.
  (4) In any action or proceeding under this section to recover
medical assistance paid, it   { - shall be - }   { + is + } the
legal burden of the person who receives the property or other
assets from a   { - Medicaid - }  { +  medical assistance + }
recipient to establish the extent and value of the
 { - Medicaid - }  recipient's legal title or interest in the
property or assets in accordance with rules established by the
authority.
   { +  (5) Amounts recovered under this section do not include
the value of benefits paid to or on behalf of a beneficiary under
a qualified long term care insurance policy or certificate,
described in ORS 414.025 (2)(t), that were disregarded in
determining eligibility for or the amount of medical assistance
provided to the beneficiary. + }

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    { - (5) - }   { + (6) + } As used in this section, 'estate'
includes all real and personal property and other assets in which
the deceased individual had any legal title or interest at the
time of death including assets conveyed to a survivor, heir or
assign of the deceased individual through joint tenancy, tenancy
in common, survivorship, life estate, living trust or other
similar arrangement.
  SECTION 155. ORS 416.610 is amended to read:
  416.610.  { + The Department of Human Services, + } the Oregon
Health Authority or the recipient's prepaid managed care health
services organization, if the recipient is receiving services
from the organization, shall have a cause of action against any
recipient who fails to give the notification required by ORS
416.530 for amounts received by the recipient pursuant to a
judgment, settlement or compromise to the extent that the
department { + , + }   { - or - } the authority or the prepaid
managed care health services organization could have had a lien
against such amounts had such notice been given.
  SECTION 156. ORS 417.349 is amended to read:
  417.349. In accordance with ORS 417.342 and 417.344, the
Department of Human Services shall provide family support
services throughout the department. Notwithstanding ORS
430.640 { +  and section 174 of this 2011 Act + }, the department
may contract directly with community organizations for the
provision of family support services.
  SECTION 157. ORS 418.517 is amended to read:
  418.517.  { + (1) As used in this section:
  (a) 'Medically accepted indication' means any use for a covered
outpatient drug that is approved under the Federal Food, Drug and
Cosmetic Act, or recommended by the Pharmacy and Therapeutics
Committee created by section 2 of this 2011 Act, or the use of
which is supported by one or more citations included or approved
for inclusion in any of the following compendia:
  (A) American Hospital Formulary Service drug information;
  (B) United States Pharmacopoeia drug information or any
successor publication;
  (C) The DRUGDEX Information System; or
  (D) Peer-reviewed medical literature.
  (b) 'Psychotropic medication' means medication the prescribed
intent of which is to affect or alter thought processes, mood or
behavior, including but not limited to antipsychotic,
antidepressant and anxiolytic medication and behavior
medications. The classification of a medication depends upon its
stated intended effect when prescribed, because it may have many
different effects. + }
    { - (1) - }  { +  (2) + } The Department of Human Services
shall develop by rule procedures for the use of psychotropic
medications for children placed in foster care by the department.
    { - (2) - }  { +  (3) + } The procedures shall include but
not be limited to:
  (a) Required assessment by a qualified mental health
professional or licensed medical professional, with expertise in
children's mental health, as defined by rule of the department
prior to issuance of a new prescription for more than one
psychotropic medication or any antipsychotic medication, except
in case of urgent medical need as defined by rule.
  (b) Required notice by the foster parent to the department
within one working day after receiving a new prescription of the
psychotropic medication.

Enrolled House Bill 2100 (HB 2100-B)                      Page 86

  (c) Required timely notice by the department to the child's
parent and the parent's legal representative, if any, and the
child's legal representative or the court appointed special
advocate containing the following information:
  (A) The prescribed psychotropic medication;
  (B) The amount of the dosage;
  (C) The dosage recommended pursuant to a medically accepted
indication;
  (D) The reason for the medication;
  (E) The efficacy of the medication; and
  (F) The side effects of the medication.
  (d) Specified follow-up and monitoring by the department of a
child taking psychotropic medication including, but not limited
to, an annual review of medications by a licensed medical
professional, or qualified mental health professional with
authority to prescribe drugs, other than the prescriber, if the
child has more than two prescriptions for psychotropic
medications or if the child is under the age of six years.
    { - (3) - }  { +  (4) + } A psychotropic medication may not
be prescribed for a child under this section unless it is used
for a medically accepted indication that is age appropriate.
    { - (4) - }  { +  (5) + } Any parent, legal representative of
the parent, legal representative of the child or court appointed
special advocate may petition the juvenile court for a hearing if
the parent, the representative of the parent, if any, the legal
representative of the child or the advocate objects to the use of
or the prescribed dosage of the psychotropic medication. The
court may order an independent evaluation of the need for or the
prescribed dosage of the medication. The court may order that
administration of the medication be discontinued or the
prescribed dosage be modified upon a showing that either the
prescribed medication or the dosage, or both, are inappropriate.
    { - (5) As used in this section: - }
    { - (a) 'Medically accepted indication' means any use for a
covered outpatient drug that is approved under the Federal Food,
Drug and Cosmetic Act, or recommended by the Drug Use Review
Board, or the use of which is supported by one or more citations
included or approved for inclusion in any of the following
compendia: - }
    { - (A) American Hospital Formulary Services drug
information; - }
    { - (B) United States Pharmacopoeia drug information or any
successor publication; - }
    { - (C) The DRUGDEX Information System; or - }
    { - (D) The peer-reviewed medical literature. - }
    { - (b) 'Psychotropic medication' means medication the
prescribed intent of which is to affect or alter thought
processes, mood or behavior, including but not limited to
antipsychotic, antidepressant and anxiolytic medication and
behavior medications. The classification of a medication depends
upon its stated, intended effect when prescribed because it may
have many different effects. - }
  SECTION 158. ORS 418.975 is amended to read:
  418.975. As used in ORS 418.975 to 418.985:
  (1) 'Cultural competence' means accepting and respecting
diversity and differences in a continuous process of
self-assessment and reflection on one's personal and
organizational perceptions of the dynamics of culture.
  (2) 'Family' includes, with respect to a youth:
  (a) A biological or legal parent;

Enrolled House Bill 2100 (HB 2100-B)                      Page 87

  (b) A sibling;
  (c) An individual related by blood, marriage or adoption;
  (d) A foster parent;
  (e) A legal guardian;
  (f) A caregiver;
  (g) An individual with a significant social relationship with
the youth; and
  (h) Any person who provides natural, formal or informal support
to the youth that the youth identifies as important.
  (3) 'Family-run organization' means a private nonprofit entity
organized for the purpose of serving families with a youth who
has a serious emotional disorder   { - that - }  { + . The entity
must + }:
  (a)   { - Has - }   { + Have + } a governing board in which a
majority of the members are family members of a youth with a
serious emotional disorder; and
  (b)   { - Gives - }   { + Give + } a preference to family
members in hiring decisions for the entity.
  (4) 'Identified population' means youth who have or are at risk
of developing emotional, behavioral or substance use related
needs, and who are involved with two or more systems of care.
  (5) 'Partner agency' includes the Department of Education,
Oregon Youth Authority, Department of Human Services, State
Commission on Children and Families { + , Oregon Health
Authority + } and other appropriate agencies involved in the
system of care.
  (6) 'Services and supports' means public, private and community
resources that assist youth in the achievement of positive
outcomes.
  (7) 'System of care' means a coordinated network of services
including education, child welfare, public health, primary care,
pediatric care, juvenile justice, mental health treatment,
substance use treatment, developmental disability services and
any other services and supports to the identified population that
integrates care planning and management across multiple levels,
that is culturally and linguistically competent, that is designed
to build meaningful partnerships with families and youth in the
delivery and management of services and the development of policy
and that has a supportive policy and management infrastructure.
  (8) 'Wraparound' means a definable, team-based planning process
involving a youth and the youth's family that results in a unique
set of community services and services and supports
individualized for that youth and family to achieve a set of
positive outcomes.
  (9) 'Youth' means an individual 18 years of age or younger.
  SECTION 159. ORS 418.985 is amended to read:
  418.985. (1) There is established the Children's Wraparound
Initiative Advisory Committee consisting of members representing:
  (a) Partner agencies;
  (b) Local service providers;
  (c) Youth and the family of youth who have current or past
involvement with at least two partner agencies; and
  (d) Organizations that advocate for youth.
  (2) The majority of members of the committee shall be
representatives of youth or the family of youth and advocacy
organizations.
  (3) The committee shall advise and assist in the implementation
of the wraparound initiative described in ORS 418.977.
  (4) The Department of Human Services { +  and the Oregon Health
Authority + }, in consultation with the committee, shall report

Enrolled House Bill 2100 (HB 2100-B)                      Page 88

biennially to the Governor and the Legislative Assembly on the
progress toward and projected costs of full implementation of the
wraparound initiative.
  SECTION 159a. ORS 419C.529, as amended by section 10, chapter
89, Oregon Laws 2010, is amended to read:
  419C.529. (1) After the entry of a jurisdictional order under
ORS 419C.411 (2), if the court finds by a preponderance of the
evidence that the young person, at the time of disposition, has a
serious mental condition or has a mental disease or defect other
than a serious mental condition and presents a substantial danger
to others, requiring conditional release or commitment to a
hospital or facility designated on an individual case basis by
the Department of Human Services or the Oregon Health Authority
as provided in subsection (6) of this section, the court shall
order the young person placed under the jurisdiction of the
Psychiatric Security Review Board.
  (2) The court shall determine whether the young person should
be committed to a hospital or facility designated on an
individual case basis by the department or the authority, as
provided in subsection (6) of this section, or conditionally
released pending a hearing before the juvenile panel of the
Psychiatric Security Review Board as follows:
  (a) If the court finds that the young person is not a proper
subject for conditional release, the court shall order the young
person committed to a secure hospital or a secure intensive
community inpatient facility designated on an individual case
basis by the department or the authority, as provided in
subsection (6) of this section, for custody, supervision and
treatment pending a hearing before the juvenile panel in
accordance with ORS 419C.532, 419C.535, 419C.538, 419C.540 and
419C.542 and shall order the young person placed under the
jurisdiction of the board.
  (b) If the court finds that the young person can be adequately
controlled with supervision and treatment services if
conditionally released and that necessary supervision and
treatment services are available, the court may order the young
person conditionally released, subject to those supervisory
orders of the court that are in the best interests of justice and
the young person. The court shall designate a qualified mental
health or developmental disabilities treatment provider or state,
county or local agency to supervise the young person on release,
subject to those conditions as the court directs in the order for
conditional release. Prior to the designation, the court shall
notify the qualified mental health or developmental disabilities
treatment provider or agency to whom conditional release is
contemplated and provide the qualified mental health or
developmental disabilities treatment provider or agency an
opportunity to be heard before the court. After receiving an
order entered under this paragraph, the qualified mental health
or developmental disabilities treatment provider or agency
designated shall assume supervision of the young person subject
to the direction of the juvenile panel. The qualified mental
health or developmental disabilities treatment provider or agency
designated as supervisor shall report in writing no less than
once per month to the juvenile panel concerning the supervised
young person's compliance with the conditions of release.
  (c) For purposes of determining whether to order commitment to
a hospital or facility or conditional release, the primary
concern of the court is the protection of society.

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  (3) In determining whether a young person should be
conditionally released, the court may order examinations or
evaluations deemed necessary.
  (4) Upon placing a young person on conditional release and
ordering the young person placed under the jurisdiction of the
board, the court shall notify the juvenile panel in writing of
the court's conditional release order, the supervisor designated
and all other conditions of release pending a hearing before the
juvenile panel in accordance with ORS 419C.532, 419C.535,
419C.538, 419C.540 and 419C.542.
  (5) When making an order under this section, the court shall:
  (a) Determine whether the parent or guardian of the young
person is able and willing to assist the young person in
obtaining necessary mental health or developmental disabilities
services and is willing to acquiesce in the decisions of the
juvenile panel. If the court finds that the parent or guardian:
  (A) Is able and willing to do so, the court shall order the
parent or guardian to sign an irrevocable consent form in which
the parent agrees to any placement decision made by the juvenile
panel.
  (B) Is unable or unwilling to do so, the court shall order that
the young person be placed in the legal custody of the Department
of Human Services for the purpose of obtaining necessary
developmental disabilities services or   { - the Oregon Health
Authority for the purpose of obtaining necessary - }  mental
health services.
  (b) Make specific findings on whether there is a victim and, if
so, whether the victim wishes to be notified of any board
hearings and orders concerning the young person and of any
conditional release, discharge or escape of the young person.
  (c) Include in the order a list of the persons who wish to be
notified of any board hearing concerning the young person.
  (d) Determine on the record the act committed by the young
person for which the young person was found responsible except
for insanity.
  (e) State on the record the mental disease or defect on which
the young person relied for the responsible except for insanity
defense.
  (6) When the department designates a facility for the
commitment of a developmentally disabled young person under this
section, or the authority designates a hospital or facility for
commitment of a mentally ill young person under this section, the
department and the authority shall take into account the care and
treatment needs of the young person, the resources available to
the department or the authority and the safety of the public.
  SECTION 160. ORS 426.005 is amended to read:
  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) - }  { +  to (5) + }.
  (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.
  (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

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evaluation, medical care, detoxification, social services or
rehabilitation for committed mentally ill persons.
  (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  { + or the Department of Human Services + } 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.
  (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.
  (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 161. ORS 426.129 is amended to read:
  426.129.   { - On or before January 1, 2010, the Department of
Human Services shall establish a position to act - }  { +  The
Oregon Health Authority shall employ at least one individual to
serve + } as a liaison between the   { - department - }  { +
authority + } and communities in which the   { - department - }
 { +  authority + } plans to establish housing for persons
conditionally released by the Psychiatric Security Review Board
or for persons with mental illness.
  SECTION 162. ORS 426.250 is amended to read:
  426.250. The following is a nonexclusive list of
responsibilities for payment of various costs related to
commitment proceedings under this chapter   { - and ORS 430.397
to 430.401 - }  as described:
  (1) Any physician or qualified person recommended by the Oregon
Health Authority who is employed under ORS 426.110 to make an
examination as to the mental condition of a person alleged to be
mentally ill shall be allowed a fee as the court in its
discretion determines reasonable for the examination.
  (2) Witnesses subpoenaed to give testimony shall receive the
same fees as are paid in criminal cases, and are subject to
compulsory attendance in the same manner as provided in ORS
136.567 to 136.603. The attendance of out-of-state witnesses may
be secured in the same manner as provided in ORS 136.623 to
136.637. The party who subpoenas the witness or requests the
court to subpoena the witness is responsible for payment of the
cost of the subpoena and payment for the attendance of the

Enrolled House Bill 2100 (HB 2100-B)                      Page 91

witness at a hearing. When the witness has been subpoenaed on
behalf of an allegedly mentally ill person who is represented by
appointed counsel, the fees and costs allowed for that witness
shall be paid pursuant to ORS 135.055. If the costs of witnesses
subpoenaed by the allegedly mentally ill person are paid as
provided under this subsection, the procedure for subpoenaing
witnesses shall comply with ORS 136.570.
  (3) If a person with a right to a counsel under ORS 426.100 is
determined to be financially eligible for appointed counsel at
state expense, the public defense services executive director
shall determine and pay, as provided in ORS 135.055, the
reasonable expenses related to the representation of the person
and compensation for legal counsel. The expenses and compensation
so allowed shall be paid by the public defense services executive
director from funds available for the purpose.
  (4) The authority shall pay the costs of expenses incurred
under ORS 426.100 by the Attorney General's office. Any costs for
district attorneys or other counsel appointed to assume
responsibility for presenting the state's case shall be paid by
the county where the commitment hearing is held, subject to
reimbursement under ORS 426.310.
  (5) All costs incurred in connection with a proceeding under
ORS 426.200, including the costs of transportation, commitment
and delivery of the person, shall be paid by the county of which
the person is a resident; or, if the person is not a resident of
this state, then by the county from which the emergency admission
was made.
  (6) All costs incurred in connection with a proceeding under
ORS 426.180 for the commitment of a person from a reservation for
land-based tribes of Native Americans, including the cost of
transportation, commitment and delivery of the person, shall be
paid by the ruling body of the reservation of which the person is
a resident.
  SECTION 163. ORS 426.275 is amended to read:
  426.275. The following are applicable to placements of mentally
ill persons that are made as conditional release under ORS
426.125, outpatient commitments under ORS 426.127 or trial visits
under ORS 426.273 as described:
  (1) If the person responsible under this subsection determines
that the mentally ill person is failing to adhere to the terms
and conditions of the placement, the responsible person shall
notify the court having jurisdiction that the mentally ill person
is not adhering to the terms and conditions of the placement. If
the placement is an outpatient commitment under ORS 426.127 or a
trial visit under ORS 426.273, the notifications shall include a
copy of the conditions for the placement. The person responsible
for notifying the court under this subsection is as follows:
  (a) For conditional releases under ORS 426.125, the guardian,
relative or friend in whose care the mentally ill person is
conditionally released.
  (b) For outpatient commitments under ORS 426.127, the community
mental health program director, or designee of the director, of
the county in which the person on outpatient commitment lives.
  (c) For trial visits under ORS 426.273, the community mental
health program director, or designee of the director, of the
county in which the person on trial visit is to receive
outpatient treatment.
  (2) On its own motion, the court with jurisdiction of a
mentally ill person on such placement may cause the person to be
brought before it for a hearing to determine whether the person

Enrolled House Bill 2100 (HB 2100-B)                      Page 92

is or is not adhering to the terms and conditions of the
placement.  The person shall have the same rights with respect to
notice, detention stay, hearing and counsel as for a hearing held
under ORS 426.095. The court shall hold the hearing within five
judicial days of the date the mentally ill person receives notice
under this section. The court may allow postponement and
detention during postponement as provided under ORS 426.095.
  (3) Pursuant to the determination of the court upon hearing
under this section, a person on placement shall either continue
the placement on the same or modified conditions or shall be
returned to the Oregon Health Authority for involuntary care and
treatment on an inpatient basis subject to discharge at the end
of the commitment period or as otherwise provided under this
chapter
  { - and ORS 430.397 to 430.401 - } .
  (4) If the person on placement is living in a county other than
the county of the court that established the current period of
commitment under ORS 426.130 during which the trial visit,
conditional release or outpatient commitment takes place, the
court establishing the current period of commitment shall
transfer jurisdiction to the appropriate court of the county in
which the person is living while on the placement and the court
receiving the transfer shall accept jurisdiction.
  (5) The court may proceed as provided in ORS 426.307 or this
section when the court:
  (a) Receives notice under ORS 426.070 or 426.228 to 426.235;
and
  (b) Determines that the person is a mentally ill person on
conditional release under ORS 426.125, outpatient commitment
under ORS 426.127 or trial visit under ORS 426.273.
  SECTION 164. ORS 426.495 is amended to read:
  426.495. (1) As used in ORS 426.490 to 426.500, unless the
context requires otherwise:
  (a) 'Case manager' means a person who works on a continuing
basis with a person with a chronic mental illness and is
responsible for assuring the continuity of the various services
called for in the discharge plan of the person with a chronic
mental illness including services for basic personal maintenance,
mental and personal treatment, and appropriate education and
employment.
  (b) 'Discharge plan' means a written plan prepared jointly with
the person with a chronic mental illness, mental health staff and
case manager prior to discharge, prescribing for the basic and
special needs of the person upon release from the hospital.
  (c) 'Person with a chronic mental illness' means an individual
who is:
  (A) Eighteen years of age or older; and
  (B) Diagnosed by a psychiatrist, a licensed clinical
psychologist or a nonmedical examiner certified by the Oregon
Health Authority  { + or the Department of Human Services + } as
having chronic schizophrenia, a chronic major affective disorder,
a chronic paranoid disorder or another chronic psychotic mental
disorder other than those caused by substance abuse.
  (2) For purposes of providing services in the community, the
authority may adopt rules consistent with accepted professional
practices in the fields of psychology and psychiatry to specify
other criteria for determining who is a person with a chronic
mental illness.
  SECTION 165. ORS 427.005 is amended to read:
  427.005. As used in this chapter:

Enrolled House Bill 2100 (HB 2100-B)                      Page 93

  (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:
  (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) 'Community developmental disabilities program director '
means the director of an entity that provides services described
in   { - ORS 430.630 - }  { +  section 174 of this 2011 Act + }
to persons with
  { - mental retardation or other - }  developmental
disabilities.
   { +  (4) 'Developmental disability' means an intellectual
disability, autism, cerebral palsy, epilepsy or other
neurological condition diagnosed by a qualified professional
that:
  (a) Originates before an individual is 22 years of age, or 18
years of age for an intellectual disability;
  (b) Originates in and directly affects the brain and is
expected to continue indefinitely;
  (c) Results in a significant impairment in adaptive behavior as
measured by a qualified professional;
  (d) Is not attributed primarily to other conditions including,
but not limited to, a mental or emotional disorder, sensory
impairment, substance abuse, personality disorder, learning
disability or attention deficit hyperactivity disorder; and
  (e) Requires training and support similar to that required by
an individual with an intellectual disability. + }
    { - (4) - }  { +  (5) + } 'Developmental period' means the
period of time between birth and the 18th birthday.
    { - (5) - }  { +  (6) + } '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) - }  { +  (7) + } '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) - }  { +  (8) + } '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) - }  { +  (9) + } 'Independence' means the extent to
which persons with mental retardation or developmental
disabilities exert control and choice over their own lives.
    { - (9) - }  { +  (10) + } '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

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  (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.
   { +  (11) 'Intellectual disability' means significantly
subaverage general intellectual functioning, defined as
intelligence quotients under 70 as measured by a qualified
professional and existing concurrently with significant
impairment in adaptive behavior, that is manifested before the
individual is 18 years of age. An individual with intelligence
quotients of 70 through 75 may be considered to have an
intellectual disability if there is also significant impairment
in adaptive behavior, as diagnosed and measured by a qualified
professional. The impairment in adaptive behavior must be
directly related to the intellectual disability. Intellectual
disability is synonymous with mental retardation. + }
    { - (10) - }  { +  (12) + } '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. Mental retardation is synonymous with
mental deficiency. - }
   { +  (13) 'Mental retardation' is synonymous with intellectual
disability. + }
    { - (12) - }  { +  (14) + } 'Minor' means an unmarried person
under 18 years of age.
    { - (13) - }  { +  (15) + } 'Physician' means a person
licensed by the Oregon Medical Board to practice medicine and
surgery.
    { - (14) - }  { +  (16) + } '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 with mental retardation or a developmental
disability in work contributing to a household or community.
    { - (15) - }  { +  (17) + } 'Resident' means a person
admitted to a state training center either voluntarily or after
commitment to the department.
    { - (16) - }  { +  (18) + } '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. - }
   { +  (19) 'State training center' means any facility that is
an intermediate care facility for the mentally retarded as
defined in 42 U.S.C. 1396d(d). + }
    { - (18) - }  { +  (20) + } 'Training' means:
  (a) The systematic, planned maintenance, development or
enhancement of self-care, social or independent living skills; or

Enrolled House Bill 2100 (HB 2100-B)                      Page 95

  (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) - }  { +  (21) + } '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 166. ORS 430.021 is amended to read:
  430.021. Subject to ORS 417.300 and 417.305:
  (1) The Department of Human Services shall:
  (a) Direct, promote, correlate and coordinate all the
activities, duties and direct services for persons with
 { - mental retardation or - }  developmental disabilities.
  (b) Promote, correlate and coordinate the developmental
disabilities activities of all governmental organizations
throughout the state in which there is any direct contact with
developmental disabilities programs.
  (c) Establish, coordinate, assist and direct a community
developmental disabilities program in cooperation with local
government units and integrate such a program with the state
developmental disabilities program.
  (d) Promote public education in this state concerning
developmental disabilities and act as the liaison center for work
with all interested public and private groups and agencies in the
field of developmental disabilities services.
  (2) The Oregon Health Authority shall:
  (a) Direct, promote, correlate and coordinate all the
activities, duties and direct services for persons with mental or
emotional disturbances, alcoholism or drug dependence.
  (b) Promote, correlate and coordinate the mental health
activities of all governmental organizations throughout the state
in which there is any direct contact with mental health programs.
  (c) Establish, coordinate, assist and direct a community mental
health program in cooperation with local government units and
integrate such a program with the state mental health program.
  (d) Promote public education in this state concerning mental
health and act as the liaison center for work with all interested
public and private groups and agencies in the field of mental
health services.
  (3) The department and the authority shall develop cooperative
programs with interested private groups throughout the state to
effect better community awareness and action in the fields of
mental health and developmental disabilities, and encourage and
assist in all necessary ways community general hospitals to
establish psychiatric services.
  (4) To the greatest extent possible, the least costly settings
for treatment, outpatient services and residential facilities
shall be widely available and utilized except when
contraindicated because of individual health care needs. State
agencies that purchase treatment for mental or emotional
disturbances shall develop criteria consistent with this policy.
In reviewing applications for certificates of need, the Director
of the Oregon Health Authority shall take this policy into
account.
  (5) The department and the authority shall accept the custody
of persons committed to its care by the courts of this state.
  (6) The authority shall adopt rules to require a facility and a
nonhospital facility as those terms are defined in ORS 426.005,
and a provider that employs a person described in ORS 426.415, if

Enrolled House Bill 2100 (HB 2100-B)                      Page 96

subject to authority rules regarding the use of restraint or
seclusion during the course of mental health treatment of a child
or adult, to report to the authority each calendar quarter the
number of incidents involving the use of restraint or seclusion.
The aggregate data shall be made available to the public.
  SECTION 167. ORS 430.205 is amended to read:
  430.205. As used in this section and ORS 430.210:
  (1) 'Facility' means any of the following that are licensed or
certified by the Department of Human Services or the Oregon
Health Authority or that contract with the department or
authority for the provision of services:
  (a) A health care facility as defined in ORS 442.015;
  (b) A domiciliary care facility as defined in ORS 443.205;
  (c) A residential facility as defined in ORS 443.400; or
  (d) An adult foster home as defined in ORS 443.705.
  (2) 'Person' means an individual who has a mental illness or
developmental disability and receives services from a program or
facility.
  (3) 'Program' means a community mental health program or a
community developmental disabilities program as described in ORS
430.610 to 430.695 and agencies with which the program contracts
to provide services.
  (4) 'Services' means mental health services or developmental
disabilities services provided under ORS 430.630 { +  or section
174 of this 2011 Act + }.
  SECTION 168. ORS 430.210 is amended to read:
  430.210. (1) While receiving services, every person shall have
the right to:
  (a) Choose from available services those which are appropriate,
consistent with the plan developed in accordance with paragraphs
(b) and (c) of this subsection and provided in a setting and
under conditions that are least restrictive to the person's
liberty, that are least intrusive to the person and that provide
for the greatest degree of independence.
  (b) An individualized written service plan, services based upon
that plan and periodic review and reassessment of service needs.
  (c) Ongoing participation in planning of services in a manner
appropriate to the person's capabilities, including the right to
participate in the development and periodic revision of the plan
described in paragraph (b) of this subsection, and the right to
be provided with a reasonable explanation of all service
considerations.
  (d) Not receive services without informed voluntary written
consent except in a medical emergency or as otherwise permitted
by law.
  (e) Not participate in experimentation without informed
voluntary written consent.
  (f) Receive medication only for the person's individual
clinical needs.
  (g) Not be involuntarily terminated or transferred from
services without prior notice, notification of available sources
of necessary continued services and exercise of a grievance
procedure.
  (h) A humane service environment that affords reasonable
protection from harm, reasonable privacy and daily access to
fresh air and the outdoors, except that such access may be
limited when it would create significant risk of harm to the
person or others.
  (i) Be free from abuse or neglect and to report any incident of
abuse without being subject to retaliation.

Enrolled House Bill 2100 (HB 2100-B)                      Page 97

  (j) Religious freedom.
  (k) Not be required to perform labor, except personal
housekeeping duties, without reasonable and lawful compensation.
  (L) Visit with family members, friends, advocates and legal and
medical professionals.
  (m) Exercise all rights set forth in ORS 427.031 if the
individual is committed to the Department of Human Services.
  (n) Exercise all rights set forth in ORS 426.385 if the
individual is committed to the Oregon Health Authority.
  (o) Be informed at the start of services and periodically
thereafter of the rights guaranteed by this section and the
procedures for reporting abuse, and to have these rights and
procedures, including the name, address and telephone number of
the system described in ORS 192.517 (1), prominently posted in a
location readily accessible to the person and made available to
the person's guardian and any representative designated by the
person.
  (p) Assert grievances with respect to infringement of the
rights described in this section, including the right to have
such grievances considered in a fair, timely and impartial
grievance procedure.
  (q) Have access to and communicate privately with any public or
private rights protection program or rights advocate.
  (r) Exercise all rights described in this section without any
form of reprisal or punishment.
  (2) An individual who is receiving developmental disability
services under   { - ORS 430.630 - }  { +  section 174 of this
2011 Act + } has the right to be informed and have the
individual's guardian and any representative designated by the
individual be informed that a family member has contacted the
Department of Human Services to determine the location of the
individual, and to be informed of the name and contact
information, if known, of the family member.
  (3) The rights described in this section are in addition to,
and do not limit, all other statutory and constitutional rights
which are afforded all citizens including, but not limited to,
the right to vote, marry, have or not have children, own and
dispose of property, enter into contracts and execute documents.
  (4) The rights described in this section may be asserted and
exercised by the person, the person's guardian and any
representative designated by the person.
  (5) Nothing in this section may be construed to alter any legal
rights and responsibilities between parent and child.
  SECTION 169. ORS 430.397 is amended to read:
  430.397. Any person may voluntarily apply for admission to any
treatment facility  { - , as defined in ORS 430.306, - }
operated pursuant to rules of the Oregon Health Authority. The
director of the treatment facility shall determine whether the
person shall be admitted as a patient, or referred to another
appropriate treatment facility or denied referral or admission.
If the person is under 18 years of age or an incompetent, the
director of the treatment facility shall notify the person's
parents or guardian of the admission or referral.
  SECTION 170. ORS 430.610 is amended to read:
  430.610. It is declared to be the policy and intent of the
Legislative Assembly that:
  (1) Subject to the availability of funds, services should be
available to all persons with mental or emotional disturbances,
  { - mental retardation, - }  developmental disabilities,
alcoholism or drug dependence, and persons who are alcohol or

Enrolled House Bill 2100 (HB 2100-B)                      Page 98

drug abusers, regardless of age, county of residence or ability
to pay;
  (2) The Department of Human Services, the Oregon Health
Authority and other state agencies shall conduct their activities
in the least costly and most efficient manner so that delivery of
services to persons with mental or emotional disturbances,
 { - mental retardation, - }  developmental disabilities,
alcoholism or drug dependence, and persons who are alcohol or
drug abusers, shall be effective and coordinated;
  (3) To the greatest extent possible, mental health and
developmental disabilities services shall be delivered in the
community where the person lives in order to achieve maximum
coordination of services and minimum disruption in the life of
the person; and
  (4) The State of Oregon shall encourage, aid and financially
assist its county governments in the establishment and
development of community mental health programs or community
developmental disabilities programs, including but not limited
to, treatment and rehabilitation services for persons with mental
or emotional disturbances,   { - mental retardation, - }
developmental disabilities, alcoholism or drug dependence, and
persons who are alcohol or drug abusers, and prevention of these
problems through county administered community mental health
programs or community developmental disabilities programs.
  SECTION 171. ORS 430.630 is amended to read:
  430.630. (1) In addition to any other requirements that may be
established by rule by the Oregon Health Authority, each
community mental health program   { - and community developmental
disabilities program - } , subject to the availability of funds,
shall provide the following basic services to persons with
 { - mental retardation, developmental disabilities, - }
alcoholism or drug dependence, and persons who are alcohol or
drug abusers:
  (a) Outpatient services;
  (b) Aftercare for persons released from hospitals   { - and
training centers - } ;
  (c) Training, case and program consultation and education for
community agencies, related professions and the public;
  (d) Guidance and assistance to other human service agencies for
joint development of prevention programs and activities to reduce
factors causing   { - mental retardation, developmental
disabilities, - }  alcohol abuse, alcoholism, drug abuse and drug
dependence; and
  (e) Age-appropriate treatment options for older adults.
  (2) As alternatives to state hospitalization, it is the
responsibility of the community mental health   { - or community
developmental disabilities - }  program to ensure that, subject
to the availability of funds, the following services for persons
with
  { - mental retardation, developmental disabilities, - }
alcoholism or drug dependence, and persons who are alcohol or
drug abusers, are available when needed and approved by the
Oregon Health Authority:
  (a) Emergency services on a 24-hour basis, such as telephone
consultation, crisis intervention and prehospital screening
examination;
  (b) Care and treatment for a portion of the day or night, which
may include day treatment centers, work activity centers and
  { - preschool - }  { +  after-school + } programs;

Enrolled House Bill 2100 (HB 2100-B)                      Page 99

  (c) Residential care and treatment in facilities such as
halfway houses, detoxification centers and other community living
facilities;
  (d) Continuity of care, such as that provided by service
coordinators, community case development specialists and core
staff of federally assisted community mental health centers;
  (e) Inpatient treatment in community hospitals; and
  (f) Other alternative services to state hospitalization as
defined by   { - the Department of Human Services or - }  the
Oregon Health Authority.
  (3) In addition to any other requirements that may be
established by rule of the Oregon Health Authority, each
community mental health program, subject to the availability of
funds, shall provide or ensure the provision of the following
services to persons with mental or emotional disturbances:
  (a) Screening and evaluation to determine the client's service
needs;
  (b) Crisis stabilization to meet the needs of persons with
acute mental or emotional disturbances, including the costs of
investigations and prehearing detention in community hospitals or
other facilities approved by the authority for persons involved
in involuntary commitment procedures;
  (c) Vocational and social services that are appropriate for the
client's age, designed to improve the client's vocational,
social, educational and recreational functioning;
  (d) Continuity of care to link the client to housing and
appropriate and available health and social service needs;
  (e) Psychiatric care in state and community hospitals, subject
to the provisions of subsection (4) of this section;
  (f) Residential services;
  (g) Medication monitoring;
  (h) Individual, family and group counseling and therapy;
  (i) Public education and information;
  (j) Prevention of mental or emotional disturbances and
promotion of mental health;
  (k) Consultation with other community agencies;
  (L) Preventive mental health services for children and
adolescents, including primary prevention efforts, early
identification and early intervention services. Preventive
services should be patterned after service models that have
demonstrated effectiveness in reducing the incidence of
emotional, behavioral and cognitive disorders in children. As
used in this paragraph:
  (A) 'Early identification' means detecting emotional
disturbance in its initial developmental stage;
  (B) 'Early intervention services' for children at risk of later
development of emotional disturbances means programs and
activities for children and their families that promote
conditions, opportunities and experiences that encourage and
develop emotional stability, self-sufficiency and increased
personal competence; and
  (C) 'Primary prevention efforts' means efforts that prevent
emotional problems from occurring by addressing issues early so
that disturbances do not have an opportunity to develop; and
  (m) Preventive mental health services for older adults,
including primary prevention efforts, early identification and
early intervention services. Preventive services should be
patterned after service models that have demonstrated
effectiveness in reducing the incidence of emotional and

Enrolled House Bill 2100 (HB 2100-B)                     Page 100

behavioral disorders and suicide attempts in older adults. As
used in this paragraph:
  (A) 'Early identification' means detecting emotional
disturbance in its initial developmental stage;
  (B) 'Early intervention services' for older adults at risk of
development of emotional disturbances means programs and
activities for older adults and their families that promote
conditions, opportunities and experiences that encourage and
maintain emotional stability, self-sufficiency and increased
personal competence and that deter suicide; and
  (C) 'Primary prevention efforts' means efforts that prevent
emotional problems from occurring by addressing issues early so
that disturbances do not have an opportunity to develop.
  (4) A community mental health program shall assume
responsibility for psychiatric care in state and community
hospitals, as provided in subsection (3)(e) of this section, in
the following circumstances:
  (a) The person receiving care is a resident of the county
served by the program. For purposes of this paragraph, '
resident' means the resident of a county in which the person
maintains a current mailing address or, if the person does not
maintain a current mailing address within the state, the county
in which the person is found, or the county in which a
court-committed person with a mental illness has been
conditionally released.
  (b) The person has been hospitalized involuntarily or
voluntarily, pursuant to ORS 426.130 or 426.220, except for
persons confined to the Secure Child and Adolescent Treatment
Unit at Oregon State Hospital, or has been hospitalized as the
result of a revocation of conditional release.
  (c) Payment is made for the first 60 consecutive days of
hospitalization.
  (d) The hospital has collected all available patient payments
and third-party reimbursements.
  (e) In the case of a community hospital, the authority has
approved the hospital for the care of persons with mental or
emotional disturbances, the community mental health program has a
contract with the hospital for the psychiatric care of residents
and a representative of the program approves voluntary or
involuntary admissions to the hospital prior to admission.
    { - (5) Subject to the review and approval of the Department
of Human Services, a developmental disabilities program may
initiate additional services after the services defined in this
section are provided. - }
    { - (6) - }  { +  (5) + } Subject to the review and approval
of the Oregon Health Authority, a mental health program may
initiate additional services after the services defined in this
section are provided.
    { - (7) - }  { +  (6) + } Each community mental health
program   { - and community developmental disabilities
program - }  and the state hospital serving the program's
geographic area shall enter into a written agreement concerning
the policies and procedures to be followed by the program and the
hospital when a patient is admitted to, and discharged from, the
hospital and during the period of hospitalization.
    { - (8) - }  { +  (7) + } Each community mental health
program shall have a mental health advisory committee, appointed
by the board of county commissioners or the county court or, if
two or more counties have combined to provide mental health

Enrolled House Bill 2100 (HB 2100-B)                     Page 101

services, the boards or courts of the participating counties or,
in the case of a Native American reservation, the tribal council.
    { - (9) - }  { +  (8) + } A community mental health program
may request and the authority may grant a waiver regarding
provision of one or more of the services described in subsection
(3) of this section upon a showing by the county and a
determination by the authority that persons with mental or
emotional disturbances in that county would be better served and
unnecessary institutionalization avoided.
    { - (10) - }  { +  (9) + } Each community mental health
program shall cooperate fully with the Alcohol and Drug Policy
Commission in the performance of its duties.
    { - (11)(a) - }  { +  (10)(a) + } As used in this subsection,
'local mental health authority' means one of the following
entities:
  (A) The board of county commissioners of one or more counties
that establishes or operates a community mental health program;
  (B) The tribal council, in the case of a federally recognized
tribe of Native Americans that elects to enter into an agreement
to provide mental health services; or
  (C) A regional local mental health authority   { - comprised
of - }  { +  comprising + } two or more boards of county
commissioners.
  (b) Each local mental health authority that provides mental
health services shall determine the need for local mental health
services and adopt a comprehensive local plan for the delivery of
mental health services for children, families, adults and older
adults that describes the methods by which the local mental
health authority shall provide those services. The local mental
health authority shall review and revise the local plan
biennially. The purpose of the local plan is to create a
blueprint to provide mental health services that are directed by
and responsive to the mental health needs of individuals in the
community served by the local plan.
  (c) The local plan shall identify ways to:
  (A) Coordinate and ensure accountability for all levels of care
described in paragraph (e) of this subsection;
  (B) Maximize resources for consumers and minimize
administrative expenses;
  (C) Provide supported employment and other vocational
opportunities for consumers;
  (D) Determine the most appropriate service provider among a
range of qualified providers;
  (E) Ensure that appropriate mental health referrals are made;
  (F) Address local housing needs for persons with mental health
disorders;
  (G) Develop a process for discharge from state and local
psychiatric hospitals and transition planning between levels of
care or components of the system of care;
  (H) Provide peer support services, including but not limited to
drop-in centers and paid peer support;
  (I) Provide transportation supports; and
  (J) Coordinate services among the criminal and juvenile justice
systems, adult and juvenile corrections systems and local mental
health programs to ensure that persons with mental illness who
come into contact with the justice and corrections systems
receive needed care and to ensure continuity of services for
adults and juveniles leaving the corrections system.
  (d) When developing a local plan, a local mental health
authority shall:

Enrolled House Bill 2100 (HB 2100-B)                     Page 102

  (A) Coordinate with the budgetary cycles of state and local
governments that provide the local mental health authority with
funding for mental health services;
  (B) Involve consumers, advocates, families, service providers,
schools and other interested parties in the planning process;
  (C) Coordinate with the local public safety coordinating
council to address the services described in paragraph (c)(J) of
this subsection;
  (D) Conduct a population based needs assessment to determine
the types of services needed locally;
  (E) Determine the ethnic, age-specific, cultural and diversity
needs of the population served by the local plan;
  (F) Describe the anticipated outcomes of services and the
actions to be achieved in the local plan;
  (G) Ensure that the local plan coordinates planning, funding
and services with:
  (i) The educational needs of children, adults and older adults;
  (ii) Providers of social supports, including but not limited to
housing, employment, transportation and education; and
  (iii) Providers of physical health and medical services;
  (H) Describe how funds, other than state resources, may be used
to support and implement the local plan;
  (I) Demonstrate ways to integrate local services and
administrative functions in order to support integrated service
delivery in the local plan; and
  (J) Involve the local mental health advisory committees
described in subsection   { - (8) - }   { + (7) + } of this
section.
  (e) The local plan must describe how the local mental health
authority will ensure the delivery of and be accountable for
clinically appropriate services in a continuum of care based on
consumer needs. The local plan shall include, but not be limited
to, services providing the following levels of care:
  (A) Twenty-four-hour crisis services;
  (B) Secure and nonsecure extended psychiatric care;
  (C) Secure and nonsecure acute psychiatric care;
  (D) Twenty-four-hour supervised structured treatment;
  (E) Psychiatric day treatment;
  (F) Treatments that maximize client independence;
  (G) Family and peer support and self-help services;
  (H) Support services;
  (I) Prevention and early intervention services;
  (J) Transition assistance between levels of care;
  (K) Dual diagnosis services;
  (L) Access to placement in state-funded psychiatric hospital
beds;
  (M) Precommitment and civil commitment in accordance with ORS
chapter 426; and
  (N) Outreach to older adults at locations appropriate for
making contact with older adults, including senior centers, long
term care facilities and personal residences.
  (f) In developing the part of the local plan referred to in
paragraph (c)(J) of this subsection, the local mental health
authority shall collaborate with the local public safety
coordinating council to address the following:
  (A) Training for all law enforcement officers on ways to
recognize and interact with persons with mental illness, for the
purpose of diverting them from the criminal and juvenile justice
systems;

Enrolled House Bill 2100 (HB 2100-B)                     Page 103

  (B) Developing voluntary locked facilities for crisis treatment
and follow-up as an alternative to custodial arrests;
  (C) Developing a plan for sharing a daily jail and juvenile
detention center custody roster and the identity of persons of
concern and offering mental health services to those in custody;
  (D) Developing a voluntary diversion program to provide an
alternative for persons with mental illness in the criminal and
juvenile justice systems; and
  (E) Developing mental health services, including housing, for
persons with mental illness prior to and upon release from
custody.
  (g) Services described in the local plan shall:
  (A) Address the vision, values and guiding principles described
in the Report to the Governor from the Mental Health Alignment
Workgroup, January 2001;
  (B) Be provided to children, older adults and families as close
to their homes as possible;
  (C) Be culturally appropriate and competent;
  (D) Be, for children, older adults and adults with mental
health needs, from providers appropriate to deliver those
services;
  (E) Be delivered in an integrated service delivery system with
integrated service sites or processes, and with the use of
integrated service teams;
  (F) Ensure consumer choice among a range of qualified providers
in the community;
  (G) Be distributed geographically;
  (H) Involve consumers, families, clinicians, children and
schools in treatment as appropriate;
  (I) Maximize early identification and early intervention;
  (J) Ensure appropriate transition planning between providers
and service delivery systems, with an emphasis on transition
between children and adult mental health services;
  (K) Be based on the ability of a client to pay;
  (L) Be delivered collaboratively;
  (M) Use age-appropriate, research-based quality indicators;
  (N) Use best-practice innovations; and
  (O) Be delivered using a community-based, multisystem approach.
  (h) A local mental health authority shall submit to the Oregon
Health Authority a copy of the local plan and biennial revisions
adopted under paragraph (b) of this subsection at time intervals
established by the authority.
  (i) Each local commission on children and families shall
reference the local plan for the delivery of mental health
services in the local coordinated comprehensive plan created
pursuant to ORS 417.775.
  SECTION 172. ORS 430.630, as amended by section 23, chapter
856, Oregon Laws 2009, is amended to read:
  430.630. (1) In addition to any other requirements that may be
established by rule by the Oregon Health Authority, each
community mental health program   { - and community developmental
disabilities program - } , subject to the availability of funds,
shall provide the following basic services to persons with
 { - mental retardation, developmental disabilities, - }
alcoholism or drug dependence, and persons who are alcohol or
drug abusers:
  (a) Outpatient services;
  (b) Aftercare for persons released from hospitals   { - and
training centers - } ;

Enrolled House Bill 2100 (HB 2100-B)                     Page 104

  (c) Training, case and program consultation and education for
community agencies, related professions and the public;
  (d) Guidance and assistance to other human service agencies for
joint development of prevention programs and activities to reduce
factors causing   { - mental retardation, developmental
disabilities, - }  alcohol abuse, alcoholism, drug abuse and drug
dependence; and
  (e) Age-appropriate treatment options for older adults.
  (2) As alternatives to state hospitalization, it is the
responsibility of the community mental health   { - or community
developmental disabilities - }  program to ensure that, subject
to the availability of funds, the following services for persons
with
  { - mental retardation, developmental disabilities, - }
alcoholism or drug dependence, and persons who are alcohol or
drug abusers, are available when needed and approved by the
Oregon Health Authority:
  (a) Emergency services on a 24-hour basis, such as telephone
consultation, crisis intervention and prehospital screening
examination;
  (b) Care and treatment for a portion of the day or night, which
may include day treatment centers, work activity centers and
  { - preschool - }   { + after-school + } programs;
  (c) Residential care and treatment in facilities such as
halfway houses, detoxification centers and other community living
facilities;
  (d) Continuity of care, such as that provided by service
coordinators, community case development specialists and core
staff of federally assisted community mental health centers;
  (e) Inpatient treatment in community hospitals; and
  (f) Other alternative services to state hospitalization as
defined by   { - the Department of Human Services or - }  the
Oregon Health Authority.
  (3) In addition to any other requirements that may be
established by rule of the Oregon Health Authority, each
community mental health program, subject to the availability of
funds, shall provide or ensure the provision of the following
services to persons with mental or emotional disturbances:
  (a) Screening and evaluation to determine the client's service
needs;
  (b) Crisis stabilization to meet the needs of persons with
acute mental or emotional disturbances, including the costs of
investigations and prehearing detention in community hospitals or
other facilities approved by the authority for persons involved
in involuntary commitment procedures;
  (c) Vocational and social services that are appropriate for the
client's age, designed to improve the client's vocational,
social, educational and recreational functioning;
  (d) Continuity of care to link the client to housing and
appropriate and available health and social service needs;
  (e) Psychiatric care in state and community hospitals, subject
to the provisions of subsection (4) of this section;
  (f) Residential services;
  (g) Medication monitoring;
  (h) Individual, family and group counseling and therapy;
  (i) Public education and information;
  (j) Prevention of mental or emotional disturbances and
promotion of mental health;
  (k) Consultation with other community agencies;

Enrolled House Bill 2100 (HB 2100-B)                     Page 105

  (L) Preventive mental health services for children and
adolescents, including primary prevention efforts, early
identification and early intervention services. Preventive
services should be patterned after service models that have
demonstrated effectiveness in reducing the incidence of
emotional, behavioral and cognitive disorders in children. As
used in this paragraph:
  (A) 'Early identification' means detecting emotional
disturbance in its initial developmental stage;
  (B) 'Early intervention services' for children at risk of later
development of emotional disturbances means programs and
activities for children and their families that promote
conditions, opportunities and experiences that encourage and
develop emotional stability, self-sufficiency and increased
personal competence; and
  (C) 'Primary prevention efforts' means efforts that prevent
emotional problems from occurring by addressing issues early so
that disturbances do not have an opportunity to develop; and
  (m) Preventive mental health services for older adults,
including primary prevention efforts, early identification and
early intervention services. Preventive services should be
patterned after service models that have demonstrated
effectiveness in reducing the incidence of emotional and
behavioral disorders and suicide attempts in older adults. As
used in this paragraph:
  (A) 'Early identification' means detecting emotional
disturbance in its initial developmental stage;
  (B) 'Early intervention services' for older adults at risk of
development of emotional disturbances means programs and
activities for older adults and their families that promote
conditions, opportunities and experiences that encourage and
maintain emotional stability, self-sufficiency and increased
personal competence and that deter suicide; and
  (C) 'Primary prevention efforts' means efforts that prevent
emotional problems from occurring by addressing issues early so
that disturbances do not have an opportunity to develop.
  (4) A community mental health program shall assume
responsibility for psychiatric care in state and community
hospitals, as provided in subsection (3)(e) of this section, in
the following circumstances:
  (a) The person receiving care is a resident of the county
served by the program. For purposes of this paragraph, '
resident' means the resident of a county in which the person
maintains a current mailing address or, if the person does not
maintain a current mailing address within the state, the county
in which the person is found, or the county in which a
court-committed person with a mental illness has been
conditionally released.
  (b) The person has been hospitalized involuntarily or
voluntarily, pursuant to ORS 426.130 or 426.220, except for
persons confined to the Secure Child and Adolescent Treatment
Unit at Oregon State Hospital, or has been hospitalized as the
result of a revocation of conditional release.
  (c) Payment is made for the first 60 consecutive days of
hospitalization.
  (d) The hospital has collected all available patient payments
and third-party reimbursements.
  (e) In the case of a community hospital, the authority has
approved the hospital for the care of persons with mental or
emotional disturbances, the community mental health program has a

Enrolled House Bill 2100 (HB 2100-B)                     Page 106

contract with the hospital for the psychiatric care of residents
and a representative of the program approves voluntary or
involuntary admissions to the hospital prior to admission.
    { - (5) Subject to the review and approval of the Department
of Human Services, a developmental disabilities program may
initiate additional services after the services defined in this
section are provided. - }
    { - (6) - }  { +  (5) + } Subject to the review and approval
of the Oregon Health Authority, a mental health program may
initiate additional services after the services defined in this
section are provided.
    { - (7) - }  { +  (6) + } Each community mental health
program   { - and community developmental disabilities
program - }  and the state hospital serving the program's
geographic area shall enter into a written agreement concerning
the policies and procedures to be followed by the program and the
hospital when a patient is admitted to, and discharged from, the
hospital and during the period of hospitalization.
    { - (8) - }  { +  (7) + } Each community mental health
program shall have a mental health advisory committee, appointed
by the board of county commissioners or the county court or, if
two or more counties have combined to provide mental health
services, the boards or courts of the participating counties or,
in the case of a Native American reservation, the tribal council.
    { - (9) - }  { +  (8) + } A community mental health program
may request and the authority may grant a waiver regarding
provision of one or more of the services described in subsection
(3) of this section upon a showing by the county and a
determination by the authority that persons with mental or
emotional disturbances in that county would be better served and
unnecessary institutionalization avoided.
    { - (10)(a) - }  { +  (9)(a) + } As used in this subsection,
'local mental health authority' means one of the following
entities:
  (A) The board of county commissioners of one or more counties
that establishes or operates a community mental health program;
  (B) The tribal council, in the case of a federally recognized
tribe of Native Americans that elects to enter into an agreement
to provide mental health services; or
  (C) A regional local mental health authority   { - comprised
of - }  { + comprising + } two or more boards of county
commissioners.
  (b) Each local mental health authority that provides mental
health services shall determine the need for local mental health
services and adopt a comprehensive local plan for the delivery of
mental health services for children, families, adults and older
adults that describes the methods by which the local mental
health authority shall provide those services. The local mental
health authority shall review and revise the local plan
biennially. The purpose of the local plan is to create a
blueprint to provide mental health services that are directed by
and responsive to the mental health needs of individuals in the
community served by the local plan.
  (c) The local plan shall identify ways to:
  (A) Coordinate and ensure accountability for all levels of care
described in paragraph (e) of this subsection;
  (B) Maximize resources for consumers and minimize
administrative expenses;
  (C) Provide supported employment and other vocational
opportunities for consumers;

Enrolled House Bill 2100 (HB 2100-B)                     Page 107

  (D) Determine the most appropriate service provider among a
range of qualified providers;
  (E) Ensure that appropriate mental health referrals are made;
  (F) Address local housing needs for persons with mental health
disorders;
  (G) Develop a process for discharge from state and local
psychiatric hospitals and transition planning between levels of
care or components of the system of care;
  (H) Provide peer support services, including but not limited to
drop-in centers and paid peer support;
  (I) Provide transportation supports; and
  (J) Coordinate services among the criminal and juvenile justice
systems, adult and juvenile corrections systems and local mental
health programs to ensure that persons with mental illness who
come into contact with the justice and corrections systems
receive needed care and to ensure continuity of services for
adults and juveniles leaving the corrections system.
  (d) When developing a local plan, a local mental health
authority shall:
  (A) Coordinate with the budgetary cycles of state and local
governments that provide the local mental health authority with
funding for mental health services;
  (B) Involve consumers, advocates, families, service providers,
schools and other interested parties in the planning process;
  (C) Coordinate with the local public safety coordinating
council to address the services described in paragraph (c)(J) of
this subsection;
  (D) Conduct a population based needs assessment to determine
the types of services needed locally;
  (E) Determine the ethnic, age-specific, cultural and diversity
needs of the population served by the local plan;
  (F) Describe the anticipated outcomes of services and the
actions to be achieved in the local plan;
  (G) Ensure that the local plan coordinates planning, funding
and services with:
  (i) The educational needs of children, adults and older adults;
  (ii) Providers of social supports, including but not limited to
housing, employment, transportation and education; and
  (iii) Providers of physical health and medical services;
  (H) Describe how funds, other than state resources, may be used
to support and implement the local plan;
  (I) Demonstrate ways to integrate local services and
administrative functions in order to support integrated service
delivery in the local plan; and
  (J) Involve the local mental health advisory committees
described in subsection   { - (8) - }   { + (7) + } of this
section.
  (e) The local plan must describe how the local mental health
authority will ensure the delivery of and be accountable for
clinically appropriate services in a continuum of care based on
consumer needs. The local plan shall include, but not be limited
to, services providing the following levels of care:
  (A) Twenty-four-hour crisis services;
  (B) Secure and nonsecure extended psychiatric care;
  (C) Secure and nonsecure acute psychiatric care;
  (D) Twenty-four-hour supervised structured treatment;
  (E) Psychiatric day treatment;
  (F) Treatments that maximize client independence;
  (G) Family and peer support and self-help services;
  (H) Support services;

Enrolled House Bill 2100 (HB 2100-B)                     Page 108

  (I) Prevention and early intervention services;
  (J) Transition assistance between levels of care;
  (K) Dual diagnosis services;
  (L) Access to placement in state-funded psychiatric hospital
beds;
  (M) Precommitment and civil commitment in accordance with ORS
chapter 426; and
  (N) Outreach to older adults at locations appropriate for
making contact with older adults, including senior centers, long
term care facilities and personal residences.
  (f) In developing the part of the local plan referred to in
paragraph (c)(J) of this subsection, the local mental health
authority shall collaborate with the local public safety
coordinating council to address the following:
  (A) Training for all law enforcement officers on ways to
recognize and interact with persons with mental illness, for the
purpose of diverting them from the criminal and juvenile justice
systems;
  (B) Developing voluntary locked facilities for crisis treatment
and follow-up as an alternative to custodial arrests;
  (C) Developing a plan for sharing a daily jail and juvenile
detention center custody roster and the identity of persons of
concern and offering mental health services to those in custody;
  (D) Developing a voluntary diversion program to provide an
alternative for persons with mental illness in the criminal and
juvenile justice systems; and
  (E) Developing mental health services, including housing, for
persons with mental illness prior to and upon release from
custody.
  (g) Services described in the local plan shall:
  (A) Address the vision, values and guiding principles described
in the Report to the Governor from the Mental Health Alignment
Workgroup, January 2001;
  (B) Be provided to children, older adults and families as close
to their homes as possible;
  (C) Be culturally appropriate and competent;
  (D) Be, for children, older adults and adults with mental
health needs, from providers appropriate to deliver those
services;
  (E) Be delivered in an integrated service delivery system with
integrated service sites or processes, and with the use of
integrated service teams;
  (F) Ensure consumer choice among a range of qualified providers
in the community;
  (G) Be distributed geographically;
  (H) Involve consumers, families, clinicians, children and
schools in treatment as appropriate;
  (I) Maximize early identification and early intervention;
  (J) Ensure appropriate transition planning between providers
and service delivery systems, with an emphasis on transition
between children and adult mental health services;
  (K) Be based on the ability of a client to pay;
  (L) Be delivered collaboratively;
  (M) Use age-appropriate, research-based quality indicators;
  (N) Use best-practice innovations; and
  (O) Be delivered using a community-based, multisystem approach.
  (h) A local mental health authority shall submit to the Oregon
Health Authority a copy of the local plan and biennial revisions
adopted under paragraph (b) of this subsection at time intervals
established by the authority.

Enrolled House Bill 2100 (HB 2100-B)                     Page 109

  (i) Each local commission on children and families shall
reference the local plan for the delivery of mental health
services in the local coordinated comprehensive plan created
pursuant to ORS 417.775.
  SECTION 173.  { + Section 174 of this 2011 Act is added to and
made a part of ORS 430.610 to 430.695. + }
  SECTION 174.  { + (1) In addition to any other requirements
that may be established by rule by the Department of Human
Services, each community developmental disabilities program may
contract with the department to provide or arrange for the
provision of the following basic services to persons with
developmental disabilities:
  (a) Eligibility determination for developmental disability
services.
  (b) Access to developmental disability services in homes, work
sites or other locations that promote independence, productivity
and integration into the community.
  (c) Case management services.
  (d) Abuse investigation and protective services.
  (e) Planning and coordination of activities with other agencies
or organizations to ensure the effective and efficient service
delivery and use of resources.
  (f) Establishing and implementing a process to respond to
complaints and grievances.
  (g) Other alternative services as prescribed by the department
by rule.
  (2) Each community developmental disabilities program shall
have a written management plan that governs the program's
operating structure, goals and activities.
  (3) Each community developmental disabilities program shall
have a developmental disability advisory committee.
  (4) Subject to the review and approval of the department, a
community developmental disabilities program may initiate
additional services after the services described in this section
are provided. + }
  SECTION 175. ORS 430.632 is amended to read:
  430.632. A local mental health authority shall submit to the
Oregon Health Authority by October 1 of each even-numbered year a
report on the implementation of the comprehensive local plan
adopted under ORS 430.630   { - (11) - }  { +  (10) + }.
  SECTION 176. ORS 430.632, as amended by section 24, chapter
856, Oregon Laws 2009, is amended to read:
  430.632. A local mental health authority shall submit to the
Oregon Health Authority by October 1 of each even-numbered year a
report on the implementation of the comprehensive local plan
adopted under ORS 430.630   { - (10) - }  { +  (9) + }.
  SECTION 177. ORS 430.640 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

Enrolled House Bill 2100 (HB 2100-B)                     Page 110

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.
  (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) - }  { +  (10) + }.
  (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

Enrolled House Bill 2100 (HB 2100-B)                     Page 111

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) - }  { +  (10) + }, 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) - }   { + (10)(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
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) - }  { +  (10) + }.
    { - (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. - }

Enrolled House Bill 2100 (HB 2100-B)                     Page 112

    { - (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. - }
    { - (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. - }
    { - (h) Make all necessary and proper rules to govern the
establishment and operation of community developmental
disabilities programs. - }
    { - (4) - }  { +  (3) + } 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 178. ORS 430.640, as amended by section 25, chapter
856, Oregon Laws 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

Enrolled House Bill 2100 (HB 2100-B)                     Page 113

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.
  (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
  { - (10) - }  { +  (9) + }.
  (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   { - (10) - }  { +  (9) + }, 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
  { - (10)(b) - }   { + (9)(b) + } and the state planning process
described in paragraph (o) of this subsection, and on the

Enrolled House Bill 2100 (HB 2100-B)                     Page 114

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
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   { - (10) - }  { +  (9) + }.
    { - (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. - }
    { - (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. - }
    { - (h) Make all necessary and proper rules to govern the
establishment and operation of community developmental
disabilities programs. - }

Enrolled House Bill 2100 (HB 2100-B)                     Page 115

    { - (4) - }  { +  (3) + } 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 179.  { + (1) 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) 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 section 174 of this 2011 Act 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 section 174 of this 2011 Act within the portion of
the program for persons with developmental disabilities may be
made without department approval.
  (g) Make all necessary and proper rules to govern the
establishment and operation of community developmental
disabilities programs.
  (2) The enumeration of duties and functions in subsection (1)
of this section may not be deemed exclusive or construed as a
limitation on the powers and authority vested in the department
by other provisions of law. + }
  SECTION 180. ORS 430.670 is amended to read:
  430.670. (1) A community developmental disabilities program may
provide services by contracting with a public agency, private
corporation or individual. All elements of service provided for
in the contract shall be considered as a part of a community
developmental disabilities program for all purposes of ORS
430.610 to 430.695. Contracts authorized by this section shall
comply with rules adopted by the Department of Human Services.
  (2) A community mental health program may provide services by
contracting with a public agency, private corporation or
individual. All elements of service provided for in the contract
shall be considered as a part of a community mental health
program for all purposes of ORS 430.610 to 430.695. Contracts
authorized by this section shall comply with rules adopted by the
Oregon Health Authority.

Enrolled House Bill 2100 (HB 2100-B)                     Page 116

  (3) A private corporation that contracts with a county, the
Department of Human Services or the Oregon Health Authority to
operate a community mental health program or community
developmental disabilities program shall provide an opportunity
for competition among private care providers when awarding
subcontracts for provision of services described in ORS 430.630
(1) to (3) { +  and section 174 of this 2011 Act + }.
  (4) In keeping with the principles of family support expressed
in ORS 417.342 and notwithstanding subsection (3) of this section
or ORS 291.047 (3), an entity operating a community mental health
program or community developmental disabilities program may
purchase services for an individual from a service provider
without first providing an opportunity for competition among
other service providers if the service provider is selected by
the individual, the individual's family or the individual's
guardian, as long as the service provider has been approved by
the department or the authority to provide such service.
  SECTION 181. ORS 430.672 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)(h) or - }  the authority under ORS 430.640
 { - (1)(g) - }  { +  or the department under section 179 of this
2011 Act + }. The county may not add contractual requirements,
including qualifications for contractor selection, that are
nonessential to the services provided under ORS 430.630 { +  or
section 174 of this 2011 Act + }. 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 182. ORS 430.695 is amended to read:
  430.695. (1) Any program fees, third-party reimbursements,
contributions or funds from any source, except client resources
applied toward the cost of care in group homes for persons with
  { - mental retardation - }  { +  developmental disabilities + }
or mental illness and client resources and third-party payments
for community psychiatric inpatient care, received by a community
mental health program  { + or a community developmental
disabilities program + } are not an offset to the costs of the
services and may not be applied to reduce the program's
eligibility for state funds, providing the funds are expended for
mental health  { + or developmental disabilities + } services
approved by the Oregon Health Authority { +  or the Department of
Human Services + }.
  (2) Within the limits of available funds, the authority
 { + and the department + } may contract for specialized,
statewide and regional services including but not limited to

Enrolled House Bill 2100 (HB 2100-B)                     Page 117

group homes for persons with   { - mental retardation - }  { +
developmental disabilities + } or mental or emotional
disturbances, day and residential treatment programs for children
and adolescents with mental or emotional disturbances and
community services for clients of the Psychiatric Security Review
Board.
  (3) Fees and third-party reimbursements, including all amounts
paid pursuant to Title XIX of the Social Security Act by the
Department of Human Services or the Oregon Health Authority, for
mental health services or developmental disabilities services and
interest earned on those fees and reimbursements shall be
retained by the community mental health program or community
developmental disabilities program and expended for any service
that meets the standards of ORS 430.630 { +  or section 174 of
this 2011 Act + }.
  SECTION 183. ORS 431.195 is amended to read:
  431.195. (1) There is established the Oregon Public Health
Advisory Board to serve as an advisory body to the Oregon Health
  { - Policy Board - }  { +  Authority + }.
  (2) The members of the   { - Oregon Public Health Advisory - }
board shall be residents of this state and shall be appointed by
the Governor. The   { - Oregon Public Health Advisory - }  board
shall consist of 15 members at least one-half of whom shall be
public members broadly representing the state as a whole and the
others to include representatives of local government and public
and private health providers.
  (3) The   { - Oregon Public Health Advisory - }  board shall:
  (a) Advise the   { - Oregon Health Policy Board - }  { +
authority + } on policy matters related to   { - the operation of
the Oregon Health Authority - }  { +  public health programs + }.
  (b) Provide a review of statewide public health issues and make
recommendations to the   { - Oregon Health Policy Board - }  { +
authority + }.
  (c) Participate in public health policy development.
  (4) Members shall be appointed for four-year terms. No person
shall serve more than two consecutive terms.
  (5) The   { - Oregon Public Health Advisory - }  board shall
meet at least quarterly.
  (6) Members of the   { - Oregon Public Health Advisory - }
board shall be entitled to compensation and expenses as provided
in ORS 292.495.
  (7) Vacancies on the   { - Oregon Public Health Advisory - }
board shall be filled by appointments of the Governor for the
unexpired term.
  SECTION 184. ORS 431.962 is amended to read:
  431.962. (1)(a) The   { - Department of Human Services - }
 { +  Oregon Health Authority + }, in consultation with the
Prescription Monitoring Program Advisory Commission, shall
establish and maintain a prescription monitoring program for
monitoring and reporting prescription drugs dispensed by
pharmacies in Oregon that are classified in schedules II through
IV under the federal Controlled Substances Act, 21 U.S.C. 811 and
812, as modified under ORS 475.035.
  (b)(A) To fulfill the requirements of this subsection, the
  { - department - }  { +  authority + } shall establish,
maintain and operate an electronic system to monitor and report
drugs described in paragraph (a) of this subsection that are
dispensed by prescription.
  (B) The system must operate and be accessible by practitioners
and pharmacies 24 hours a day, seven days a week.

Enrolled House Bill 2100 (HB 2100-B)                     Page 118

  (C) The   { - department - }  { +  authority + } may contract
with a state agency or private entity to ensure the effective
operation of the electronic system.
  (2) In consultation with the commission, the
 { - department - }  { +  authority + } shall adopt rules for the
operation of the electronic prescription monitoring program
established under subsection (1) of this section, including but
not limited to standards for:
  (a) Reporting data;
  (b) Providing maintenance, security and disclosure of data;
  (c) Ensuring accuracy and completeness of data;
  (d) Complying with the federal Health Insurance Portability and
Accountability Act of 1996 (P.L. 104-191) and regulations adopted
under it, including 45 C.F.R. parts 160 and 164, federal alcohol
and drug treatment confidentiality laws and regulations adopted
under those laws, including 42 C.F.R. part 2, and state health
and mental health confidentiality laws, including ORS 179.505,
192.517 and 192.518 to 192.529;
  (e) Ensuring accurate identification of persons or entities
requesting information from the database;
  (f) Accepting printed or nonelectronic reports from pharmacies
that do not have the capability to provide electronic reports;
and
  (g) Notifying a patient, before or when a drug classified in
schedules II through IV is dispensed to the patient, about the
prescription monitoring program and the entry of the prescription
in the system.
  (3) The   { - department - }  { +  authority + } shall submit
an annual report to the commission regarding the prescription
monitoring program established under this section.
  SECTION 185. ORS 431.964 is amended to read:
  431.964. (1) Not later than one week after dispensing a
prescription drug subject to the prescription monitoring program
established under ORS 431.962, a pharmacy shall electronically
report to the   { - Department of Human Services - }  { +  Oregon
Health Authority + } the:
  (a) Name, address and date of birth of the patient;
  (b) Identification of the pharmacy dispensing the prescription
drug;
  (c) Identification of the practitioner who prescribed the drug;
  (d) Identification of the prescription drug by a national drug
code number;
  (e) Date of origin of the prescription;
  (f) Date the drug was dispensed; and
  (g) Quantity of drug dispensed.
  (2) Notwithstanding subsection (1) of this section, the
  { - department - }  { +  authority + } may not:
  (a) Require the reporting of prescription drugs administered
directly to a patient or dispensed pursuant to ORS 127.800 to
127.897; or
  (b) Collect or use Social Security numbers in the prescription
monitoring program.
  (3) Upon receipt of the data reported pursuant to subsection
(1) of this section, the   { - department - }  { +  authority + }
shall record the data in the electronic system operated pursuant
to the prescription monitoring program.
  (4)(a) The   { - department - }  { +  authority + } may grant a
pharmacy a waiver of the electronic submission requirement of
subsection (1) of this section for good cause as determined by
the   { - department - }  { +  authority + }. The waiver shall

Enrolled House Bill 2100 (HB 2100-B)                     Page 119

state the format, method and frequency of the alternate
nonelectronic submissions from the pharmacy and the duration of
the waiver.
  (b) As used in this subsection, 'good cause' includes financial
hardship.
  (5) This section does not apply to pharmacies in institutions
as defined in ORS 179.010.
  SECTION 186. ORS 431.966 is amended to read:
  431.966. (1)(a) Except as provided under subsection (2) of this
section, prescription monitoring information submitted under ORS
431.964 to the prescription monitoring program established in ORS
431.962:
  (A) Is protected health information under ORS 192.518 to
192.529.
  (B) Is not subject to disclosure pursuant to ORS 192.410 to
192.505.
  (b) Except as provided under subsection (2)(a)(D) of this
section, prescription monitoring information submitted under ORS
431.964 to the prescription monitoring program may not be used to
evaluate a practitioner's professional practice.
  (2)(a) If a disclosure of prescription monitoring information
complies with the federal Health Insurance Portability and
Accountability Act of 1996 (P.L. 104-191) and regulations adopted
under it, including 45 C.F.R. parts 160 and 164, federal alcohol
and drug treatment confidentiality laws and regulations adopted
under those laws, including 42 C.F.R. part 2, and state health
and mental health confidentiality laws, including ORS 179.505,
192.517 and 192.518 to 192.529, the   { - Department of Human
Services - }  { +  Oregon Health Authority + } shall disclose the
information:
  (A) To a practitioner or pharmacist who certifies that the
requested information is for the purpose of evaluating the need
for or providing medical or pharmaceutical treatment for a
patient to whom the practitioner or pharmacist anticipates
providing, is providing or has provided care.
  (B) To designated representatives of the   { - department - }
 { +  authority + } or any vendor or contractor with whom the
 { - department - }  { +  authority + } has contracted to
establish or maintain the electronic system of the prescription
monitoring program.
  (C) Pursuant to a valid court order based on probable cause and
issued at the request of a federal, state or local law
enforcement agency engaged in an authorized drug-related
investigation involving a person to whom the requested
information pertains.
  (D) To a health professional regulatory board that certifies in
writing that the requested information is necessary for an
investigation related to licensure, renewal or disciplinary
action involving the applicant, licensee or registrant to whom
the requested information pertains.
  (E) To a prescription monitoring program of another state if
the confidentiality, security and privacy standards of the
requesting state are determined by the   { - department - }  { +
authority + } to be equivalent to those of the
 { - department - }  { +  authority + }.
  (b) The   { - department - }  { +  authority + } may disclose
information from the prescription monitoring program that does
not identify a patient, practitioner or drug outlet:
  (A) For educational, research or public health purposes; and

Enrolled House Bill 2100 (HB 2100-B)                     Page 120

  (B) To officials of the   { - department - }  { +
authority + } who are conducting special epidemiologic morbidity
and mortality studies in accordance with ORS 432.060 and rules
adopted under ORS 431.110.
  (c) The   { - department - }  { +  authority + } shall disclose
information relating to a patient maintained in the electronic
system operated pursuant to the prescription monitoring program
established under ORS 431.962 to that patient at no cost to the
patient within 10 business days after the   { - department - }
 { +  authority + } receives a request from the patient for the
information.
  (d)(A) A patient may request the   { - department - }
 { + authority + } to correct any information about the patient
that is erroneous. The
  { - department - }   { + authority + } shall grant or deny a
request to correct information within 10 business days after the
 { - department - }  { +  authority + } receives the request.
  (B) If the   { - department - }  { +  authority + } denies a
patient's request to correct information under this paragraph, or
fails to grant a patient's request to correct information under
this paragraph within 10 business days after the
 { - department - }  { +  authority + } receives the request, the
patient may appeal the denial or failure to grant the request.
Upon receipt of an appeal under this subparagraph, the
 { - department - }  { +  authority + } shall conduct a contested
case hearing as provided in ORS chapter 183. Notwithstanding ORS
183.450, in the contested case hearing, the   { - department - }
 { +  authority + } has the burden of establishing that the
information included in the prescription monitoring program is
correct.
  (e) The information in the prescription monitoring program may
not be used for any commercial purpose.
  (f) In accordance with ORS 192.518 to 192.529 and federal
privacy regulations, any person authorized to prescribe or
dispense a prescription drug and who is entitled to access a
patient's prescription monitoring information may discuss or
release the information to other health care providers involved
with the patient's care, in order to provide safe and appropriate
care coordination.
  (3)(a) The   { - department - }  { +  authority + } shall
maintain records of the information disclosed through the
prescription monitoring program including, but not limited to:
  (A) The identity of each person who requests or receives
information from the program and the organization, if any, the
person represents;
  (B) The information released to each person or organization;
and
  (C) The date and time the information was requested and the
date and time the information was provided.
  (b) Records maintained as required by this subsection may be
reviewed by the Prescription Monitoring Program Advisory
Commission.
  (4) Information in the prescription monitoring program that
identifies an individual patient must be removed no later than
three years from the date the information is entered into the
program.
  (5) The   { - department - }  { +  authority + } shall notify
the Attorney General and each affected individual of an improper
disclosure of information from the prescription monitoring
program.

Enrolled House Bill 2100 (HB 2100-B)                     Page 121

  (6)(a) If the   { - department - }  { +  authority + } or a
person or entity required to report or authorized to receive or
release controlled substance prescription information under this
section violates  { +  this section or + } ORS 431.964  { - ,
431.966 - }  or 431.968, a person injured by the violation may
bring a civil action against the
  { - department - }  { +  authority + }, person or entity and
may recover damages in the amount of $1,000 or actual damages,
whichever is greater.
  (b) Notwithstanding paragraph (a) of this subsection, the
  { - department - }  { +  authority + } and a person or entity
required to report or authorized to receive or release controlled
substance prescription information under this section are immune
from civil liability for violations of  { + this section or + }
ORS 431.964  { - , 431.966 - } or 431.968 unless the
 { - department - }  { +  authority + }, person or entity acts
with malice, criminal intent, gross negligence, recklessness or
willful intent.
  (7) Nothing in ORS 431.962 to 431.978 and 431.992 requires a
practitioner or pharmacist who prescribes or dispenses a
prescription drug to obtain information about a patient from the
prescription monitoring program. A practitioner or pharmacist who
prescribes or dispenses a prescription drug may not be held
liable for damages in any civil action on the basis that the
practitioner or pharmacist did or did not request or obtain
information from the prescription monitoring program.
  SECTION 187. ORS 431.970 is amended to read:
  431.970.   { - The Department of Human Services shall
report - }  { +  If + } a practitioner or pharmacist authorized
to obtain controlled substance prescription information from the
prescription monitoring system established under ORS 431.962
 { - who - }  discloses or uses information obtained from the
system in violation of ORS 431.966 { + , the Oregon Health
Authority shall report the individual + } to the
 { + appropriate + } health professional regulatory board
  { - responsible for the practitioner or pharmacist - } .
  SECTION 188. ORS 431.974 is amended to read:
  431.974. (1) The Electronic Prescription Monitoring Fund is
established in the State Treasury, separate and distinct from the
General Fund. The Electronic Prescription Monitoring Fund
consists of moneys transmitted to the fund under ORS 431.972 and
any other moneys deposited in accordance with law. Interest
earned by the fund shall be credited to the fund. Moneys in the
fund are continuously appropriated to the   { - Department of
Human Services - }  { +  Oregon Health Authority + } for the
purpose of carrying out the provisions of ORS 431.962 to 431.978
and 431.992.
  (2) The   { - Department of Human Services - }  { +
authority + } may accept grants, donations, gifts or moneys from
any source for deposit into the fund established by this section.
  SECTION 189. ORS 431.976 is amended to read:
  431.976. (1) The Prescription Monitoring Program Advisory
Commission is created for the purposes of:
  (a) Studying issues related to the prescription monitoring
program established under ORS 431.962;
  (b) Reviewing the program's annual report and making
recommendations to the   { - Department of Human Services - }
 { +  Oregon Health Authority + } regarding the operation of the
program; and

Enrolled House Bill 2100 (HB 2100-B)                     Page 122

  (c) Developing criteria   { - that should be - }  used to
evaluate program data.
  (2) The commission shall consist of 11 members appointed by the
 { - department - }  { +  authority + } as follows:
  (a) A person nominated by the Pain Management Commission;
  (b) A person who dispenses controlled substances nominated by
an association representing pharmacists;
  (c) A practicing dentist nominated by an association
representing dentists;
  (d) A practicing physician nominated by an association
representing physicians;
  (e) A practicing doctor of osteopathy nominated by an
association representing osteopathic physicians and surgeons;
  (f) A nurse authorized to prescribe controlled substances
nominated by an association representing nurses;
  (g) A practicing naturopathic physician nominated by an
association representing naturopathic physicians;
  (h) A practicing optometrist, nominated by an association
representing optometrists;
  (i)   { - A person nominated by the department from a division
of the department responsible for - }  { +  A representative of
the authority with expertise in + } administering addiction
services; and
  (j) Two members of the public   { - nominated by the
department - } , one of whom must be an expert in information
technology.
  SECTION 190. ORS 431.978 is amended to read:
  431.978. (1) The term of office of each member of the
Prescription Monitoring Program Advisory Commission is four
years, but a member serves at the pleasure of the
 { - Department of Human Services - }  { +  Oregon Health
Authority + }. Before the expiration of the term of a member, the
 { - department - }  { +  authority + } 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 cause, the
 { - department - }  { +  authority + } shall make an appointment
to become immediately effective.
  (2) The commission shall elect one of its members to serve as
chairperson.
  (3) The commission shall meet at least once annually at a time
and place specified by the chairperson of the commission. The
commission may meet at other times and places specified by the
call of the chairperson or of a majority of the members of the
commission.
  (4) The commission may adopt rules necessary for the operation
of the commission.
  (5) A majority of the members of the commission constitutes a
quorum for the transaction of business.
  (6) Official action by the commission requires the approval of
a majority of the members of the commission.
  (7) The   { - department - }  { +  authority + } shall provide
staff support to the commission.
  (8) Members of the commission are not entitled to compensation,
but may be reimbursed for actual and necessary travel and other
expenses incurred by them in the performance of their official
duties in the manner and amounts provided for in ORS 292.495.
Claims for expenses incurred in performing functions of the
commission shall be paid out of funds appropriated to the
  { - department - }  { +  authority + } for that purpose.

Enrolled House Bill 2100 (HB 2100-B)                     Page 123

  (9) All agencies of state government, as defined in ORS
174.111, are directed to assist the commission in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the commission consider necessary to perform their
duties.
  SECTION 191. ORS 432.500 is amended to read:
  432.500. As used in ORS 432.510 to 432.550 and 432.900:
  (1) 'Clinical laboratory' means a facility where
microbiological, serological, chemical, hematological,
immunohematological, immunological, toxicological, cytogenetical,
exfoliative cytological, histological, pathological or other
examinations are performed on material derived from the human
body, for the purpose of diagnosis, prevention of disease or
treatment of patients by physicians, dentists and other persons
who are authorized by license to diagnose or treat humans.
    { - (2) 'Department' means the Department of Human Services
or its authorized representative. - }
    { - (3) - }  { +  (2) + } 'Health care facility' means a
hospital, as defined in ORS 442.015, or an ambulatory surgical
center, as defined in ORS 442.015.
    { - (4) - }  { +  (3) + } 'Practitioner' means any person
whose professional license allows the person to diagnose or treat
cancer in patients.
  SECTION 192. ORS 433.055 is amended to read:
  433.055. (1) The Oregon Health Authority shall conduct studies
of the prevalence of the HIV infection in this state. Its
findings shall be reported to the  { + Oregon + } Public Health
Advisory Board, the Conference of Local Health Officials, the
Emergency Board and other interested bodies at regular intervals,
commencing in January 1988. The authority may cause the
prevalence study of persons sentenced to the Department of
Corrections of this state, as defined in ORS 421.005, to be made.
  (2) The authority shall contract with an appropriate education
agency to prepare a curriculum regarding HIV infection, acquired
immune deficiency syndrome (AIDS) and prevention of the spread of
AIDS for all school districts and offer workshops to prepare
teachers and parents to implement the curriculum. The authority
shall award incentive grants from funds available therefor to
school districts to encourage use of the curriculum in the
schools.
  (3) Prior informed consent to HIV antibody testing need not be
obtained from an individual if the test is for the purpose of
research as authorized by the authority and if the testing is
performed in a manner by which the identity of the test subject
is not known, and may not be retrieved by the researcher.
  SECTION 193. ORS 433.060 is amended to read:
  433.060. As used in ORS 433.060 to 433.085 unless the context
requires otherwise:
  (1) 'Authority' means the Oregon Health Authority.
  (2) 'Health care facility' means a facility as defined in ORS
442.015 and a mental health facility, alcohol treatment facility
or drug treatment facility licensed or operated under ORS chapter
426   { - and 430.397 to 430.401 - }  or   { - ORS chapter - }
430.
  (3) 'Hepatitis test' means a test of an individual for the
presence of hepatitis B or C or for any other substance
specifically indicating the presence of hepatitis B or C.
  (4) 'HIV test' means a test of an individual for the presence
of human immunodeficiency virus (HIV), or for antibodies or

Enrolled House Bill 2100 (HB 2100-B)                     Page 124

antigens that result from HIV infection, or for any other
substance specifically indicating infection with HIV.
  (5) 'Licensed health care provider' or 'health care provider'
means a person licensed or certified to provide health care under
ORS chapter 677, 678, 679, 680, 684 or 685 or ORS 682.216, or
under comparable statutes of any other state.
  (6) 'Local public health administrator' means the public health
administrator of the county or district health department for the
jurisdiction in which the reported substantial exposure occurred.
  (7) 'Local public health officer' means the health officer, as
described in ORS 431.418, of the county or district health
department for the jurisdiction in which the substantial exposure
occurred.
  (8) 'Occupational exposure' means a substantial exposure of a
worker in the course of the worker's occupation.
  (9) 'Source person' means a person who is the source of the
blood or body fluid in the instance of a substantial exposure of
another person.
  (10) 'Substantial exposure' means an exposure to blood or
certain body fluids as defined by rule of the authority to have a
potential for transmitting the human immunodeficiency virus based
upon current scientific information.
  (11) 'Worker' means a person who is licensed or certified to
provide health care under ORS chapters 677, 678, 679, 680, 684 or
685 or ORS 682.216, an employee of a health care facility, of a
licensed health care provider or of a clinical laboratory, as
defined in ORS 438.010, a firefighter, a law enforcement officer,
as defined in ORS 414.805, a corrections officer or a parole and
probation officer.
  SECTION 194. ORS 433.095 is amended to read:
  433.095. The   { - Department of Human Services - }  { +
Oregon Health Authority + } shall adopt rules requiring
pharmacists to report information about the administration of
vaccines to the immunization registry created under ORS 433.094.
  SECTION 195. ORS 433.407 is amended to read:
  433.407. As used in ORS 433.407 to 433.423 unless the context
requires otherwise:
  (1) 'Authority' means the Oregon Health Authority.
  (2) 'Health care facility' means a facility as defined in ORS
442.015 and a mental health facility, alcohol treatment facility
or drug treatment facility licensed or operated under ORS chapter
426   { - and 430.397 to 430.401 or ORS chapter - }   { + or + }
430.
  (3) 'Worker' means a person who is licensed or certified to
provide health care under ORS chapter 677, 678, 679, 680, 684 or
685 or ORS 682.216, an employee of a health care facility, of a
licensed health care provider or of a clinical laboratory as
defined in ORS 438.010, a firefighter, a law enforcement officer
as defined in ORS 414.805, a corrections officer or a parole and
probation officer.
  SECTION 195a. ORS 441.021 is amended to read:
  441.021. (1) In addition to an annual fee, the Oregon Health
Authority may charge a hospital a fee for:
  (a) Complaint investigation, in an amount not to exceed $850.
  (b) Full compliance survey, in an amount not to exceed $7,520.
  (c) On-site follow-up survey to verify compliance with a plan
of correction, in an amount not to exceed $225.
  (d) Off-site follow-up survey to verify compliance with a plan
of correction, in an amount not to exceed $85.

Enrolled House Bill 2100 (HB 2100-B)                     Page 125

  (2) During one calendar year, the authority may charge to all
hospitals a total amount not to exceed:
  (a) $91,000 for complaint investigations.
  (b) $15,000 for full compliance surveys.
  (c) $6,700 for follow-up surveys.
  (3)(a) The authority shall apportion the total amount charged
under subsection (2) of this section among hospitals at the end
of each calendar year based on the number of complaint
investigations, full compliance surveys and follow-up surveys
performed at each hospital during the calendar year.
  (b) The authority may not include investigations of employee
complaints in a hospital's total number of complaint
investigations.
    { - (c) A hospital that was licensed in 2008 may not be
charged fees under this subsection for more complaint
investigations than the number of complaint investigations that
occurred at the hospital in 2008. - }
    { - (d) A hospital that was not licensed in 2008 may be
charged fees under this subsection for an unlimited number of
complaint investigations. - }
   { +  (c) A hospital may not be charged fees in any calendar
year under subsection (2) of this section for more complaint
investigations than the greater of:
  (A) The rolling average for the hospital for the previous three
years; or
  (B) Two complaint investigations for a small hospital and five
complaint investigations for a large hospital.
  (d) Notwithstanding paragraph (c) of this subsection, the
authority may not charge a hospital for a number of complaint
investigations that exceeds the number of complaint
investigations actually conducted at the hospital during the
calendar year. + }
  (4) As used in this section, 'full compliance survey' means a
survey conducted by the authority following a complaint
investigation to determine a hospital's compliance with the
Centers for Medicare and Medicaid Services Conditions of
Participation.
  SECTION 196. ORS 441.096 is amended to read:
  441.096. (1) A health care practitioner working at a health
care facility and providing direct care to a patient shall wear
an identification badge indicating the practitioner's name and
professional title.
  (2) A health care facility shall develop policies that specify
the size and content of the identification badge required by
subsection (1) of this section.
  (3) As used in this section, 'health care facility' means a
health care facility as defined in ORS 442.015 or a mental health
facility, alcohol treatment facility or drug treatment facility
licensed or operated under   { - ORS 430.397 to 430.401 or - }
ORS chapter 426 or 430.
  SECTION 197. ORS 442.011 is amended to read:
  442.011.   { - (1) - }  There is created in the Oregon Health
Authority the Office for Oregon Health Policy and Research. The
Administrator of the Office for Oregon Health Policy and Research
shall be appointed by the   { - Governor and the appointment
shall be subject to Senate confirmation in the manner prescribed
in ORS 171.562 and 171.565 - }  { +  Director of the Oregon
Health Authority + }. The administrator shall be an individual
with demonstrated proficiency in planning and managing programs
with complex public policy and fiscal aspects such as those

Enrolled House Bill 2100 (HB 2100-B)                     Page 126

involved in the medical assistance program.   { - Before making
the appointment, the Governor must advise the President of the
Senate and the Speaker of the House of Representatives of the
names of at least three finalists and shall consider their
recommendation in appointing the administrator. - }
    { - (2) In carrying out the responsibilities and duties of
the administrator, the administrator shall consult with and be
advised by the Oregon Health Policy Board. - }
  SECTION 198. ORS 442.700 is amended to read:
  442.700. As used in ORS 442.700 to 442.760:
  (1) 'Board of governors' means the governors of a cooperative
program as described in ORS 442.720.
  (2) 'Cooperative program' means a program among two or more
health care providers for the purpose of providing heart and
kidney transplant services including, but not limited to, the
sharing, allocation and referral of physicians, patients,
personnel, instructional programs, support services, facilities,
medical, diagnostic, laboratory or therapeutic services,
equipment, devices or supplies, and other services traditionally
offered by health care providers.
    { - (3) 'Director' means the Director of Human Services. - }
    { - (4) - }  { +  (3) + } 'Health care provider' means a
hospital, physician or entity, a significant part of whose
activities consist of providing hospital or physician services in
this state.  For purposes of the immunities provided by ORS
442.700 to 442.760 and 646.740, 'health care provider' includes
any officer, director, trustee, employee, or agent of, or any
entity under common ownership and control with, a health care
provider.
    { - (5) - }  { +  (4) + } 'Hospital' means a hospital, a long
term care facility or an ambulatory surgical center, as those
terms are defined in ORS 442.015, that is licensed under ORS
441.015 to 441.089. 'Hospital' includes community health programs
established under ORS 430.610 to 430.695.
    { - (6) - }  { +  (5) + } 'Order' means a decision issued by
the Director  { +  of the Oregon Health Authority + } under ORS
442.710 either approving or denying an application for a
cooperative program and includes modifications of an original
order under ORS 442.730 (3)(b) and ORS 442.740 (1) and (4).
    { - (7) - }  { +  (6) + } 'Party to a cooperative program
agreement' or ' party' means an entity that enters into the
principal agreement to establish a cooperative program and
applies for approval under ORS 442.700 to 442.760 and 646.740 and
any other entity that, with the approval of the director, becomes
a member of a cooperative program.
    { - (8) - }  { +  (7) + } 'Physician' means a physician
defined in ORS 677.010 (13) and licensed under ORS chapter 677.
  SECTION 198a. ORS 443.410 is amended to read:
  443.410. (1) A license issued by the Department of Human
Services is required in order to operate or maintain a
residential care facility, residential training facility or
residential training home.   { - In the case of a combination of
residents, the category of licensure shall be determined by the
Director of Human Services. - }
  (2) A license issued by the Oregon Health Authority is required
in order to operate or maintain a residential treatment facility
or residential treatment home.
   { +  (3) A facility may not be subject to licensing by both
the department and the authority under this section. If a
facility could be licensed under either subsection (1) or (2) of

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this section, the Director of Human Services and the Director of
the Oregon Health Authority shall determine the category of
licensure that applies to the facility. + }
  SECTION 199. ORS 443.450 is amended to read:
  443.450. (1) For a residential care facility, residential
training facility or residential training home, the Director of
Human Services shall adopt rules governing:
  (a) The physical properties of the facility or home;
  (b) Storage, preparation and serving of food;
  (c) Care or training to be provided;
  (d) The number, experience and training of the staff; and
  (e) Any other factors affecting the care or training provided.
  (2) For a residential treatment facility or residential
treatment home, the Director of the Oregon Health Authority shall
adopt rules governing:
  (a) The physical properties of the facility or home;
  (b) Storage, preparation and serving of food;
  (c) Treatment to be provided;
  (d) The number, experience and training of the staff; and
  (e) Any other factors affecting the treatment provided.
  (3) Distinct rules shall be adopted for homes of five or fewer
residents, for facilities of six or more but fewer than 16
residents, and for facilities for 16 or more residents. The rules
shall differentiate among categories of residents.
  (4) For purposes of this section, 'categories' refers to
different populations of residents, differentiated by, but not
limited to, age and need, as defined by the Department of Human
Services or the  { + Oregon Health  + }Authority by rule.
  SECTION 200. ORS 443.465 is amended to read:
  443.465. (1) The   { - Department of Human Services - }  { +
Oregon Health Authority + } shall adopt rules applicable to
secure residential treatment homes and facilities as defined in
ORS 443.400 that house persons who, as a condition of release
under ORS 161.315 to 161.351, are required to live in a secure
home or facility. The rules must:
  (a) Provide minimum security, health and safety standards;
  (b) Require the home or facility to have an emergency
preparedness plan;
  (c) Set minimum training standards for the staff of the home or
facility; and
  (d) Ensure compliance with any orders of the court or the  { +
Psychiatric Security Review + } Board.
  (2) As used in this section, a residential treatment home or
facility is 'secure' if a resident exit from the home, facility
or grounds of the home or facility is restricted through the use
of locking devices on resident exit doors, gates or other
closures.
  SECTION 201. ORS 443.860 is amended to read:
  443.860. (1) A person may not establish, conduct or maintain a
hospice program providing hospice services, or hold itself out to
the public as a hospice program, without obtaining a license from
the   { - Department of Human Services - }  { +  Oregon Health
Authority + }.
  (2) The   { - department - }  { +  authority + }:
  (a) Shall adopt rules to carry out the provisions of ORS
443.850 to 443.869, including but not limited to rules for
licensure that require an on-site inspection of each licensed
hospice program at least once every three years.
  (b) May accept certification by a federal agency or
accreditation by an accrediting organization approved by the

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  { - department - }  { +  authority + } as evidence of
compliance with the requirements for licensure adopted under
paragraph (a) of this subsection if:
  (A) The certification or accreditation meets standards and
conditions established for hospice programs by the Centers for
Medicare and Medicaid Services;
  (B) The hospice program invites the   { - department - }  { +
authority + } to participate in any exit interview conducted by
the agency or organization; and
  (C) The hospice program provides the   { - department - }  { +
authority + } with copies of all documentation requested by the
 { - department - }  { +  authority + } concerning the
certification or accreditation.
  (3) The fee to obtain or renew a hospice program license is
$750.
  (4) The   { - department - }  { +  authority + } shall
prescribe by rule the form and manner for application for or
renewal of a license. The
  { - department - }  { +  authority + } shall issue a license to
an applicant that has the necessary qualifications, meets all
requirements established by the   { - department - }  { +
authority + } by rule and has paid the fee.
  (5) A license issued under this section is valid for one year
and is not transferable. A license may be renewed by payment of
the fee and demonstration of compliance with requirements for
renewal established by the   { - department - }  { +
authority + } by rule.
  SECTION 202. ORS 443.861 is amended to read:
  443.861. All moneys received by the   { - Department of Human
Services - }  { +  Oregon Health Authority + } under ORS 443.860
shall be paid into the State Treasury and deposited to the credit
of the Public Health Account established in ORS 431.210. The
moneys shall be used by the   { - department - }  { +
authority + } in carrying out its duties under ORS 443.850 to
443.869.
  SECTION 203. ORS 443.864 is amended to read:
  443.864. The   { - Department of Human Services - }  { +
Oregon Health Authority + } may suspend, revoke or refuse to
renew the license of a hospice program for failure to comply with
ORS 443.860 or with rules adopted pursuant to ORS 443.860.
  SECTION 204. ORS 443.869 is amended to read:
  443.869. In addition to any other liability or penalty provided
by law, the Director of   { - Human Services - }  { +  the Oregon
Health Authority + } may impose a civil penalty of $1,000 per
day, up to $10,000 in any 30-day period, for any of the
following:
  (1) Violation of any of the terms or conditions of a license
issued under ORS 443.860 to a hospice program.
  (2) Violation of any rule or general order of the
 { - Department of Human Services - }  { +  Oregon Health
Authority + } that pertains to a hospice program.
  (3) Violation of any final order of the director that pertains
specifically to a hospice program owned or operated by the person
incurring the penalty.
  (4) Violation of ORS 443.860 or of rules adopted under ORS
443.860.
  (5) Civil penalties under this section shall be imposed in the
manner provided by ORS 183.745.

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  (6) All penalties recovered under this section shall be paid
into the State Treasury and credited to the General Fund and are
available for general governmental expenses.
  SECTION 205. ORS 448.465 is amended to read:
  448.465. Any fees collected pursuant to the schedule adopted
under ORS 448.450 shall be deposited in the General Fund of the
State Treasury to the credit of the Oregon Health Authority. Such
fees are continuously appropriated to the   { - Department of
Environmental Quality - }  { +  authority + } to pay the cost of
administering the provisions of ORS 448.450 to 448.465, 448.992
and 448.994.
  SECTION 205a. ORS 475.495 is amended to read:
  475.495. (1) The Illegal Drug Cleanup Fund is established
separate and distinct from the General Fund in the State
Treasury.
  (2) The following moneys shall be deposited into the State
Treasury and credited to the Illegal Drug Cleanup Fund:
  (a) Moneys recovered or otherwise received from responsible
parties for cleanup costs;
  (b) Moneys received from a state agency, local government unit
or any agency of a local government unit for cleanup of illegal
drug manufacturing sites, including moneys received from
forfeiture proceeds under the provisions of ORS 131A.360 and
131A.365;
  (c) Moneys received from the federal government for cleanup of
illegal drug manufacturing sites; and
  (d) Any penalty, fine or punitive damages recovered under ORS
475.435, 475.455 or 475.485.
  (3) The State Treasurer may invest and reinvest moneys in the
Illegal Drug Cleanup Fund in the manner provided by law. Interest
earned by the fund shall be credited to the fund.
  (4) The moneys in the Illegal Drug Cleanup Fund are
appropriated continuously to the Department of Environmental
Quality to be used as provided for in subsection (5) of this
section.
  (5) Moneys in the Illegal Drug Cleanup Fund may be used for the
following purposes:
  (a) Payment of the state's cleanup costs; and
  (b) Funding any action or activity authorized by ORS 475.415 to
475.455, 475.475 and 475.485.
  (6) In addition to the purposes provided for in subsection (5)
of this section, moneys in the Illegal Drug Cleanup Fund received
from forfeiture proceeds under the provisions of ORS 131A.360 and
131A.365 may be transferred to the   { - Department of Human
Services - }  { +  Oregon Health Authority + } to support the
administration of the illegal drug manufacturing cleanup program
provided for in ORS 453.855 to 453.912.
  (7) The department may not expend more than $250,000 in each
biennium of the forfeiture proceeds that are paid into the
Illegal Drug Cleanup Fund by political subdivisions under the
provisions of ORS 131A.360. If at the end of a biennium more than
$250,000 has been paid into the Illegal Drug Cleanup Fund under
the provisions of ORS 131A.360, the department shall refund to
each political subdivision that made payments into the fund a pro
rata share of the excess amount, based on the amount of
forfeiture proceeds paid into the fund by the political
subdivision.
  SECTION 206. ORS 480.225 is amended to read:
  480.225. (1) A person is eligible for a certificate of
possession under ORS 480.235 if:

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  (a) The person has not been convicted, or found guilty except
for insanity under ORS 161.295, of a misdemeanor involving
violence, as defined in ORS 166.470, within the previous four
years. A person who has been so convicted is eligible under this
subsection following the expiration of seven years after the date
of final and unconditional discharge from all imprisonment,
probation and parole resulting from the conviction.
  (b) The person has not been convicted, or found guilty except
for insanity under ORS 161.295, of, and is not under indictment
for, any felony.
  (c) The person is not a fugitive from justice, has no
outstanding warrants for arrest and is not free on any form of
pretrial release for any offenses listed in paragraphs (a) and
(b) of this subsection.
  (d) The person has not been determined to be mentally ill under
ORS 426.130   { - and 430.397 to 430.401 - }  or mentally
retarded under ORS 427.290. A person who previously has been so
determined is eligible under this subsection if, at the time of
application for such a certificate, the person produces a
certified copy of a full discharge from the proper state
hospital. The Oregon Health Authority shall provide the State
Fire Marshal with direct electronic access to the authority's
database of information identifying persons meeting the criteria
of this section who were committed or subject to an order under
ORS 426.130. The State Fire Marshal and the authority shall enter
into an agreement describing the access to information under this
subsection.
  (e) The person is at least 21 years of age.
  (f) The person does not use a fictitious name or make a
material misrepresentation in application for such a certificate.
  (g)(A) The person has not been convicted of, and is not under
indictment for, a criminal offense involving a controlled
substance as defined in ORS 475.005, other than the offense of
driving under the influence of intoxicants.
  (B) Notwithstanding subparagraph (A) of this paragraph, a
person who has had a certificate denied or revoked due to
conviction of a criminal offense involving a controlled substance
is eligible under this section following the expiration of seven
years after the date of final and unconditional discharge from
all imprisonment, probation and parole resulting from the
conviction.
  (h) The person has been discharged from the jurisdiction of the
juvenile court for more than four years for an act that, if
committed by an adult, would constitute a felony or a misdemeanor
involving violence, as defined in ORS 166.470.
  (i) The person is not the subject of a restraining order that
alleges the person's possession of explosives presents a credible
threat to another person.
  (j) The person has passed an examination administered by the
State Fire Marshal that assesses the person's knowledge of safety
in the transportation and storage of explosives as required under
federal and state laws and regulations pertaining to explosives.
The State Fire Marshal shall examine each applicant prior to
issuance of a certificate of possession to the applicant. The
State Fire Marshal may by rule establish and collect an
examination fee in an amount necessary to cover the cost of
administering the examination.
  (k) The person certifies on the application for a certificate
of possession that all explosives in the person's possession will

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be used, stored and transported in accordance with federal, state
and local requirements.
  (L) The person certifies that all explosives will be possessed,
used, stored and transported in accordance with federal, state
and local requirements.
  (2) Subsection (1)(a) and (b) of this section does not apply to
a conviction or indictment that has been expunged from a person's
record under the laws of this state or equivalent laws of another
jurisdiction.
  SECTION 207. ORS 497.162 is amended to read:
  497.162. (1) Upon application of the Oregon Youth Authority,
the Oregon Health Authority or the Department of Human Services,
the State Fish and Wildlife Commission shall issue, without fee,
a license to angle for the temporary use of any person in a state
institution as described in ORS 179.610, any student in a youth
correction facility or related camps or programs operated by the
Oregon Youth Authority, any child placed by the department and
under the care of a foster home or a private nonprofit
child-caring agency certified by the department,   { - or - }
any person in an alternative to state hospitalization program as
described in ORS 430.630 (2)(b) or (c) { + , or any person
receiving services under section 174 of this 2011 Act + }. The
licenses issued under this subsection shall be in bearer form
and, subject to applicable laws and regulations relating to
angling, shall be used as the agency applying for the license
directs.
  (2) Upon application of the Department of Human Services, the
commission shall issue, without fee, a license to take shellfish
for the temporary use of any child placed by the department and
under the care of a foster home or a private nonprofit
child-caring agency certified by the department. The licenses
issued under this subsection shall be in bearer form and, subject
to applicable laws and regulations relating to taking shellfish,
shall be used as the department directs.
  (3) Upon application of the director of any veteran's
administration hospital or domiciliary within this state, the
commission shall issue, without fee, to each hospital or
domiciliary 30 licenses to angle or to take shellfish for the
temporary use of any person who is a patient or resident in the
hospital or domiciliary. The licenses issued under this
subsection shall be in bearer form and, subject to applicable
laws and regulations relating to angling and to taking shellfish,
shall be used as the director of the hospital or domiciliary
provides.
  SECTION 208. ORS 616.555 is amended to read:
  616.555. As used in ORS 616.555 to 616.585:
  (1) 'Alcoholic beverage' has the meaning given that term in ORS
471.001.
  (2)(a) 'Chain restaurant' means a restaurant located in Oregon
that:
  (A) Is part of an affiliation of 15 or more restaurants within
the United States;
  (B) Sells standardized menu items that constitute 80 percent or
more of the menu items served in the restaurant and at least 14
of the other affiliated restaurants; and
  (C) Operates under a trade name or service mark, both as
defined in ORS 647.005, that is identical or substantially
similar to the trade names or service marks of the affiliated
restaurants.
  (b) 'Chain restaurant' does not mean:

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  (A) A restaurant located inside a facility that is subject to
State Department of Agriculture inspection under an interagency
agreement described in ORS 624.530, unless the trade name or
service mark for the restaurant differs from the trade name or
service mark of the facility containing the restaurant;
  (B) A cafeteria of a public or private educational institution;
  (C) A health care facility as defined in ORS 442.015; or
  (D) A motion picture theater.
  (3) 'Food product' means a discrete unit serving of a
ready-to-eat food or beverage.
  (4)(a) 'Food tag' means an informational label placed near a
menu item that is identified or indicated by the label.
  (b) 'Food tag' does not mean a menu or menu board.
  (5) 'Menu' means a pictorial or written description of menu
items that does not have a fixed location and is not intended for
joint viewing by multiple patrons.
  (6)(a) 'Menu board' means a pictorial display or written
description of menu items that:
  (A) Is located where the customer places an order for a menu
item; and
  (B) Is not a menu or a food tag.
  (b) 'Menu board' does not mean a pictorial display used solely
for the purpose of marketing.
  (7)(a) 'Menu item' means a prepared food product or a group or
combination of prepared food products that is offered on a menu,
menu board or food tag as a distinct article for sale.
  (b) 'Menu item' does not mean the following:
  (A) Condiments that are made available on tables or counters
for general use without charge.
  (B) Food products that are offered for sale less than 90 days
during a calendar year.
  (C) Alcoholic beverages, except as provided by rule by the
  { - Department of Human Services - }   { + Oregon Health
Authority + } as described in ORS 616.575.
  (D) Food products in sealed manufacturer packaging.
  (8) 'Restaurant' has the meaning given that term in ORS
624.010.
  SECTION 209. ORS 616.560 is amended to read:
  616.560. (1) A chain restaurant shall determine typical values
of the following for each menu item offered by the restaurant:
  (a) Total calories.
  (b) Total grams of saturated fat.
  (c) Total grams of trans fat.
  (d) Total grams of carbohydrates.
  (e) Total milligrams of sodium.
  (2) The typical values described in subsection (1) of this
section must be based on calorie and nutrient databases,
verifiable reference values, government standards, laboratory
testing or other methods for determining nutritional values
recognized by the   { - Department of Human Services - }  { +
Oregon Health Authority + } by rule.
  (3) The chain restaurant shall maintain a written list of the
typical values described in subsection (1) of this section for
all of the menu items of the restaurant and make copies of the
list available for distribution to customers. The chain
restaurant shall provide a copy of the list to a customer who is
present in the restaurant and requests nutritional information
regarding any menu item.
  (4) A chain restaurant may not make available to customers any
typical values determined under this section that are

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substantially inaccurate or that the restaurant knows or should
know to be false or misleading.
  SECTION 210. ORS 616.570 is amended to read:
  616.570. (1) If a chain restaurant serves a menu item that is
not a self-service item, the chain restaurant shall have a menu,
menu board or food tag that:
  (a) Discloses nutritional information for the menu item as
required by this section; and
  (b) Is readily visible for customer use at the location where
the customer places the order for the menu item.
  (2)(a) If a chain restaurant offers a menu item for
self-service, the chain restaurant shall have a menu board or
food tag, for each area of the restaurant in which the item is
displayed, that:
  (A) Discloses nutritional information for the menu item as
required by this section; and
  (B) Is readily visible in the area where the menu item is
displayed.
  (b) If a chain restaurant offers a menu item for self-service
that the restaurant also offers on a basis that is not
self-service, the restaurant shall ensure that the area where the
item is offered on a basis that is not self-service complies with
subsection (1) of this section.
  (3) If a chain restaurant uses a menu or menu board, the menu
or menu board must include the following:
  (a) A statement of the total calories for each of the menu
items listed on that menu or menu board. The total calorie
statement must be in a conspicuous place near the other menu or
menu board information for that menu item. If the menu or menu
board lists prices, the total calorie statement must be of a size
and typeface no less prominent than the size and typeface used to
display the price of the menu item. If the menu or menu board
does not list prices, the total calorie statement must be of a
size and typeface no less prominent than the size and typeface
used to display the least prominent of any other information
stated on the menu or menu board.
  (b) In a conspicuous place, a statement listing the daily
intake amounts of calories, saturated fat and sodium recommended
by the   { - Department of Human Services - }  { +  Oregon Health
Authority + }.
  (c) In a conspicuous place, a statement that additional
nutritional information is available upon request.
  (4) If a chain restaurant uses food tags, the restaurant shall
display the following:
  (a) A statement of the total calories for the menu item in a
conspicuous place on the tag. If the food tag states the price of
the menu item, the total calorie statement must be of a size and
typeface no less prominent than the size and typeface used to
display the price of the menu item. If the food tag does not
state the price, the total calorie statement must be of a size
and typeface no less prominent than the size and typeface used to
display the least prominent of any other information stated on
the tag.
  (b) In a conspicuous place, a statement listing the daily
intake amounts of calories, saturated fat and sodium recommended
by the   { - Department of Human Services - }  { +
authority + }.
  (c) In a conspicuous place, a statement that additional
nutritional information is available upon request.

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  (5) A chain restaurant may post disclaimers stating that the
actual nutritional value of menu items may vary from the stated
total calories or other nutritional information due to variations
in preparation, size or ingredients or for custom orders.
  (6) A chain restaurant may supplement the nutritional
information disclosures required by this section and ORS 616.560
and 616.565 with additional consumer information.
  SECTION 211. ORS 616.575 is amended to read:
  616.575. (1) The   { - Department of Human Services - }  { +
Oregon Health Authority + } shall adopt rules the
 { - department - }  { +  authority + } considers reasonable for
the administration and enforcement of ORS 616.555 to 616.580. The
rules adopted by the   { - department - }  { +  authority + }
must include, but need not be limited to, rules for the rounding
of stated values and the establishment of specifications for
total calorie statements and other required statements. In
adopting rules under this section, the   { - department - }  { +
authority + } shall:
  (a) To the extent the   { - department - }  { +  authority + }
considers practicable, follow any relevant United States Food and
Drug Administration practices, standards and rules for
nutritional labeling; and
  (b) Seek input from representatives of chain restaurants.
  (2) The   { - department - }  { +  authority + } shall adopt
rules establishing conditions under which a menu board serving
the drive-through area of a chain restaurant may qualify for a
full or partial exception from ORS 616.565 and 616.570. The rules
shall make an exception available only if compliance with ORS
616.565 or 616.570 would require the violation of local land use
laws or sign ordinances, or is impracticable due to site-specific
conditions. As used in this subsection, 'drive-through area'
means an area where customers place orders for and receive menu
items while occupying motor vehicles.
  (3)(a) Notwithstanding subsection (1) of this section, the
following are the typical values for alcoholic beverages:
  (A) For wine, 122 calories, 4 grams of carbohydrate and 7
milligrams of sodium for a five-ounce serving;
  (B) For beer other than light beer, 153 calories, 13 grams of
carbohydrate and 14 milligrams of sodium for a 12-ounce serving;
  (C) For light beer, 103 calories, 6 grams of carbohydrate and
14 milligrams of sodium for a 12-ounce serving; and
  (D) For distilled spirits, 96 calories for a 1.5-ounce serving.
  (b) A chain restaurant shall use the typical values described
in paragraph (a) of this subsection when calculating the total
calories for a menu item that includes one or more alcoholic
beverages.
  (c) The   { - department - }  { +  authority + }:
  (A) May adopt rules to require total calorie disclosures for an
alcoholic beverage or a menu item that contains an alcoholic
beverage, only if the alcoholic beverage or menu item is offered
by a chain restaurant for 90 or more days during a calendar year;
and
  (B) May adopt rules that exempt containers or dispensers of
alcoholic beverages from the use of food tags to state standard
calorie values.
  SECTION 212. ORS 616.580 is amended to read:
  616.580. (1) The   { - Department of Human Services - }  { +
Oregon Health Authority + } may inspect chain restaurants for
compliance with ORS 616.560, 616.565 and 616.570 and
 { - department - }  { +  authority + } rules adopted under ORS

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616.575. The person operating the chain restaurant shall, upon
request of the   { - department - }  { +  authority + }, permit
access to all parts of the restaurant and any records in the
possession of the restaurant regarding nutritional values or menu
items and provide menu item samples for nutritional value testing
by the   { - department - }  { +  authority + }.
  (2) If a chain restaurant violates a provision of ORS 616.560,
616.565 or 616.570 or a rule adopted under ORS 616.575, the
 { - department - }  { +  authority + } shall provide the
restaurant with written notice informing the restaurant of the
violation and stating that the restaurant may avoid a civil
penalty for the violation by curing the violation within 60 days.
If the chain restaurant fails to cure the violation within 60
days, the
  { - department - }  { +  authority + } may impose a civil
penalty of not less than $250 and not more than $1,000 for the
violation. For a continuing violation, each 30-day period that
the violation continues after the preceding imposition of a civil
penalty is a separate offense subject to a separate civil
penalty. The   { - department - }  { +  authority + } is not
required to provide the chain restaurant with an opportunity to
cure the continuing violation before imposing a civil penalty for
the continuing violation.
  SECTION 213. ORS 676.150 is amended to read:
  676.150. (1) As used in this section:
  (a) 'Board' means the:
  (A) State Board of Examiners for Speech-Language Pathology and
Audiology;
  (B) State Board of Chiropractic Examiners;
  (C) State Board of Licensed Social Workers;
  (D) Oregon Board of Licensed Professional Counselors and
Therapists;
  (E) Oregon Board of Dentistry;
  (F) Board of Examiners of Licensed Dietitians;
  (G) State Board of Massage Therapists;
  (H) Oregon Board of Naturopathic Medicine;
  (I) Oregon State Board of Nursing;
  (J) Nursing Home Administrators Board;
  (K) Oregon Board of Optometry;
  (L) State Board of Pharmacy;
  (M) Oregon Medical Board;
  (N) Occupational Therapy Licensing Board;
  (O) Physical Therapist Licensing Board;
  (P) State Board of Psychologist Examiners;
  (Q) Board of   { - Radiologic Technology - }  { +  Medical
Imaging + };
  (R) State Board of Direct Entry Midwifery;
  (S) State Board of Denture Technology;
  (T) Respiratory Therapist Licensing Board;
  (U)   { - Department of Human Services - }  { +  Oregon Health
Authority + }, to the extent that the   { - department - }  { +
authority + } certifies emergency medical technicians;
  (V) Oregon State Veterinary Medical Examining Board; or
  (W) State Mortuary and Cemetery Board.
  (b) 'Licensee' means a health professional licensed or
certified by or registered with a board.
  (c) 'Prohibited conduct' means conduct by a licensee that:
  (A) Constitutes a criminal act against a patient or client; or
  (B) Constitutes a criminal act that creates a risk of harm to a
patient or client.

Enrolled House Bill 2100 (HB 2100-B)                     Page 136

  (d) 'Unprofessional conduct' means conduct unbecoming a
licensee or detrimental to the best interests of the public,
including conduct contrary to recognized standards of ethics of
the licensee's profession or conduct that endangers the health,
safety or welfare of a patient or client.
  (2) Unless state or federal laws relating to confidentiality or
the protection of health information prohibit disclosure, a
licensee who has reasonable cause to believe that another
licensee has engaged in prohibited or unprofessional conduct
shall report the conduct to the board responsible for the
licensee who is believed to have engaged in the conduct. The
reporting licensee shall report the conduct without undue delay,
but in no event later than 10 working days after the reporting
licensee learns of the conduct.
  (3) A licensee who is convicted of a misdemeanor or felony or
who is arrested for a felony crime shall report the conviction or
arrest to the licensee's board within 10 days after the
conviction or arrest.
  (4) The board responsible for a licensee who is reported to
have engaged in prohibited or unprofessional conduct shall
investigate in accordance with the board's rules. If the board
has reasonable cause to believe that the licensee has engaged in
prohibited conduct, the board shall present the facts to an
appropriate law enforcement agency without undue delay, but in no
event later than 10 working days after the board finds reasonable
cause to believe that the licensee engaged in prohibited conduct.
  (5) A licensee who fails to report prohibited or unprofessional
conduct as required by subsection (2) of this section or the
licensee's conviction or arrest as required by subsection (3) of
this section is subject to discipline by the board responsible
for the licensee.
  (6) A licensee who fails to report prohibited conduct as
required by subsection (2) of this section commits a Class A
violation.
  (7) Notwithstanding any other provision of law, a report under
subsection (2) or (3) of this section is confidential under ORS
676.175. A board may disclose a report as provided in ORS
676.177.
  (8) Except as part of an application for a license or for
renewal of a license and except as provided in subsection (3) of
this section, a board may not require a licensee to report the
licensee's criminal conduct.
  (9) The obligations imposed by this section are in addition to
and not in lieu of other obligations to report unprofessional
conduct as provided by statute.
  (10) A licensee who reports to a board in good faith as
required by subsection (2) of this section is immune from civil
liability for making the report.
  (11) A board and the members, employees and contractors of the
board are immune from civil liability for actions taken in good
faith as a result of a report received under subsection (2) or
(3) of this section.
  SECTION 214. ORS 676.306 is amended to read:
  676.306. (1) As used in this section, 'health professional
regulatory board' means a health professional regulatory board
described in ORS 676.160 other than the   { - Department of Human
Services - }  { +  Oregon Health Authority + } with regard to the
certification of emergency medical technicians.
  (2) Subject to applicable provisions of the State Personnel
Relations Law and the approval of the Governor, notwithstanding

Enrolled House Bill 2100 (HB 2100-B)                     Page 137

ORS 182.468, each health professional regulatory board shall
appoint an executive director and prescribe the duties and fix
the compensation of the executive director. The executive
director shall serve at the pleasure of the Governor under the
direct supervision of the appointing board. The board may request
that the Governor remove the executive director.
  (3) In addition to any other duties imposed by law or otherwise
required of state agencies, the executive director shall keep all
records of the board and discharge all duties prescribed by the
board.
  (4) The executive director shall prepare periodic reports
regarding the licensing, monitoring and investigative activities
of the board. The executive director shall submit the reports to
the board and the Governor. The Oregon Department of
Administrative Services, in consultation with the board, shall
adopt rules specifying requirements for the report content and
processes for preparing and submitting the reports. The rules may
be consistent with performance management measures and processes
initiated by the department. The rules shall require each board
to undergo a peer review of board activities by a team of
executive directors of other health professional regulatory
boards and at least one public member. The department may assess
the board for the cost of the peer review.
  SECTION 215. ORS 676.350 is amended to read:
  676.350. (1) As used in this section:
  (a) 'Expedited partner therapy' means the practice of
prescribing or dispensing antibiotic drugs for the treatment of a
sexually transmitted disease to the partner of a patient without
first examining the partner of the patient.
  (b) 'Partner of a patient' means a person whom a patient
diagnosed with a sexually transmitted disease identifies as a
sexual partner of the patient.
  (c) 'Practitioner' has the meaning given that term in ORS
475.005.
  (2) A health professional regulatory board, as defined in ORS
676.160, may adopt rules permitting practitioners to practice
expedited partner therapy. If a board adopts rules permitting
practitioners to practice expedited partner therapy, the board
shall consult with the   { - Department of Human Services - }
 { +  Oregon Health Authority + } to determine which sexually
transmitted diseases are appropriately addressed with expedited
partner therapy.
  (3) A prescription issued in the practice of expedited partner
therapy authorized by the rules of a board is valid even if the
name of the patient for whom the prescription is intended is not
on the prescription.
  (4) The   { - department - }  { +  authority + } shall make
available informational material about expedited partner therapy
that a practitioner may distribute to patients.
  SECTION 216. ORS 682.218 is amended to read:
  682.218. The   { - Department of Human Services - }  { +
Oregon Health Authority + } shall adopt rules to allow an
applicant for certification by indorsement as an emergency
medical technician, as defined in ORS 682.025, to substitute
experience and certification by a national registry of emergency
medical technicians for education requirements imposed by the
 { - department - }  { +  authority + }.
  SECTION 217. ORS 708A.430 is amended to read:
  708A.430. (1) On the death of a depositor of a financial
institution, if the deposit is $25,000 or less, the financial

Enrolled House Bill 2100 (HB 2100-B)                     Page 138

institution may, upon receipt of an affidavit from the person
claiming the deposit as provided in subsection (2) of this
section, pay the moneys on deposit to the credit of the deceased
depositor:
  (a) To the surviving spouse on demand of the surviving spouse
at any time after the death of the depositor;
  (b) If there is no surviving spouse, to the Oregon Health
Authority { +  or the Department of Human Services + }, on demand
of the authority  { + or the department + } no less than 46 days
and no more than 75 days from the death of the depositor when
there is a preferred claim arising under ORS  { + 411.708,
411.795 or  + }416.350;
    { - (c) If there is no surviving spouse or authority claim,
to the Department of Human Services, on demand of the department
no less than 46 days and no more than 75 days from the death of
the depositor when there is a preferred claim arising under ORS
411.708 or 411.795; - }
    { - (d) - }  { +  (c) + } If there is no surviving spouse and
no authority or department claim, to the depositor's surviving
children 18 years of age or older;
    { - (e) - }   { + (d) + } If there is no surviving spouse,
authority claim, department claim or surviving child 18 years of
age or older, to the depositor's surviving parents; or
    { - (f) - }   { + (e) + } If there is no surviving spouse,
authority claim, department claim, surviving child 18 years of
age or older or surviving parent, to the depositor's surviving
brothers and sisters 18 years of age or older.
  (2) The affidavit shall:
  (a) State where and when the depositor died;
  (b) State that the total deposits of the deceased depositor in
all financial institutions in Oregon do not exceed $25,000;
  (c) Show the relationship of the affiant to the deceased
depositor; and
  (d) Embody a promise to pay the expenses of last sickness,
funeral expenses and just debts of the deceased depositor out of
the deposit to the full extent of the deposit if necessary, in
the order of priority prescribed by ORS 115.125, and to
distribute any remaining moneys to the persons who are entitled
to those moneys by law.
  (3) In the event the depositor died intestate without known
heirs, an estate administrator of the Department of State Lands
appointed under ORS 113.235 shall be the affiant and shall
receive the moneys as escheat property.
  (4) The financial institution shall determine the relationship
of the affiant to the deceased depositor. However, payment of the
moneys in good faith to the affiant discharges and releases the
transferor from any liability or responsibility for the transfer
in the same manner and with the same effect as if the property
had been transferred, delivered or paid to a personal
representative of the estate of the deceased depositor.
  (5) A probate proceeding is not necessary to establish the
right of the surviving spouse, authority, department, surviving
child, surviving parent, surviving brothers and sisters or an
estate administrator of the Department of State Lands to withdraw
the deposits upon the filing of the affidavit. If a personal
representative is appointed in an estate where a withdrawal of
deposits was made under this section, the person withdrawing the
deposits shall account for them to the personal representative.
  (6) When a financial institution transfers moneys under
subsection (1) of this section, the transferor may require the

Enrolled House Bill 2100 (HB 2100-B)                     Page 139

transferee to furnish the transferor a written indemnity
agreement, indemnifying the transferor against loss for moneys
paid to the extent of the amount of the deposit.
  (7) This section is subject to the rights of other parties in
the account under ORS 708A.455 to 708A.515.
  SECTION 218. ORS 723.466 is amended to read:
  723.466. (1) On the death of a member of a credit union, if the
deposit to the credit of the deceased member is $25,000 or less,
the credit union may, upon receipt of an affidavit from the
person claiming the deposit as provided in subsection (2) of this
section, pay the moneys on deposit:
  (a) To the surviving spouse on demand of the surviving spouse
at any time after the death of the member;
  (b) If there is no surviving spouse, to the Oregon Health
Authority { +  or the Department of Human Services + }, on demand
of the authority  { + or the department + } no less than 46 days
and no more than 75 days from the death of the member when there
is a preferred claim arising under ORS  { + 411.708, 411.795
or + } 416.350;
    { - (c) If there is no surviving spouse or authority claim,
to the Department of Human Services, on demand of the department
no less than 46 days and no more than 75 days from the death of
the member when there is a preferred claim arising under ORS
411.708 or 411.795; - }
    { - (d) - }  { +  (c) + } If there is no surviving spouse and
no authority or department claim, to the member's surviving
children 18 years of age or older;
    { - (e) - }  { +  (d) + } If there is no surviving spouse,
authority claim, department claim or surviving child 18 years of
age or older, to the member's surviving parents; or
    { - (f) - }  { +  (e) + } If there is no surviving spouse,
authority claim, department claim, surviving child 18 years of
age or older or surviving parent, to the member's surviving
brothers and sisters 18 years of age or older.
  (2) The affidavit shall:
  (a) State where and when the member died;
  (b) State that the total deposits of the deceased member in all
financial institutions in this state do not exceed $25,000;
  (c) Show the relationship of the affiant to the deceased
member; and
  (d) Embody a promise to pay the expenses of last sickness,
funeral expenses and just debts of the deceased member out of the
deposit, to the full extent of the deposit if necessary, in the
order of priority prescribed by ORS 115.125, and to distribute
any remaining moneys to the persons who are entitled to those
moneys by law.
  (3) In the event the member died intestate without known heirs,
an estate administrator of the Department of State Lands
appointed under ORS 113.235 shall be the affiant and shall
receive the moneys as escheat property.
  (4) The credit union shall determine the relationship of the
affiant to the deceased member. However, payment of the moneys in
good faith to the affiant discharges and releases the transferor
from any liability or responsibility for the transfer in the same
manner and with the same effect as if the property had been
transferred, delivered or paid to a personal representative of
the estate of the deceased member.
  (5) A probate proceeding is not necessary to establish the
right of the surviving spouse, authority, Department of Human
Services, surviving children, surviving parents, surviving

Enrolled House Bill 2100 (HB 2100-B)                     Page 140

brothers and sisters or an estate administrator of the Department
of State Lands to withdraw the deposits upon the filing of the
affidavit. If a personal representative is appointed in an estate
where a withdrawal of deposits was made under this section, the
person withdrawing the deposits shall account for them to the
personal representative.
  (6) When a credit union transfers moneys under subsection (1)
of this section, the transferor may require the transferee to
furnish the transferor with a written indemnity agreement,
indemnifying the transferor against loss for moneys paid to the
extent of the amount of the deposit.
  (7) This section is subject to the rights of other parties to
the account under ORS 723.474 to 723.498.
  SECTION 219. ORS 743.730 is amended to read:
  743.730. For purposes of ORS 743.730 to 743.773:
  (1) 'Actuarial certification' means a written statement by a
member of the American Academy of Actuaries or other individual
acceptable to the Director of the Department of Consumer and
Business Services that a carrier is in compliance with the
provisions of ORS 743.736, 743.760 or 743.761, based upon the
person's examination, including a review of the appropriate
records and of the actuarial assumptions and methods used by the
carrier in establishing premium rates for small employer and
portability health benefit plans.
  (2) 'Affiliate' of, or person 'affiliated' with, a specified
person means any carrier who, directly or indirectly through one
or more intermediaries, controls or is controlled by or is under
common control with a specified person. For purposes of this
definition, 'control' has the meaning given that term in ORS
732.548.
  (3) 'Affiliation period' means, under the terms of a group
health benefit plan issued by a health care service contractor, a
period:
  (a) That is applied uniformly and without regard to any health
status related factors to an enrollee or late enrollee in lieu of
a preexisting conditions provision;
  (b) That must expire before any coverage becomes effective
under the plan for the enrollee or late enrollee;
  (c) During which no premium shall be charged to the enrollee or
late enrollee; and
  (d) That begins on the enrollee's or late enrollee's first date
of eligibility for coverage and runs concurrently with any
eligibility waiting period under the plan.
  (4) 'Basic health benefit plan' means a health benefit plan for
small employers that is required to be offered by all small
employer carriers and approved by the Director of the Department
of Consumer and Business Services in accordance with ORS 743.736.
  (5) 'Bona fide association' means an association that meets the
requirements of 42 U.S.C. 300gg-11 as amended and in effect on
July 1, 1997.
  (6) 'Carrier' means any person who provides health benefit
plans in this state, including a licensed insurance company, a
health care service contractor, a health maintenance
organization, an association or group of employers that provides
benefits by means of a multiple employer welfare arrangement or
any other person or corporation responsible for the payment of
benefits or provision of services.
  (7) 'Committee' means the Health Insurance Reform Advisory
Committee created under ORS 743.745.

Enrolled House Bill 2100 (HB 2100-B)                     Page 141

  (8) 'Creditable coverage' means prior health care coverage as
defined in 42 U.S.C. 300gg as amended and in effect on July 1,
1997, and includes coverage remaining in force at the time the
enrollee obtains new coverage.
  (9) 'Department' means the Department of Consumer and Business
Services.
  (10) 'Dependent' means the spouse or child of an eligible
employee, subject to applicable terms of the health benefit plan
covering the employee.
  (11) 'Director' means the Director of the Department of
Consumer and Business Services.
  (12) 'Eligible employee' means an employee of a small employer
who works on a regularly scheduled basis, with a normal work week
of 17.5 or more hours. The employer may determine hours worked
for eligibility between 17.5 and 40 hours per week subject to
rules of the carrier. 'Eligible employee' does not include
employees who work on a temporary, seasonal or substitute basis.
Employees who have been employed by the small employer for fewer
than 90 days are not eligible employees unless the small employer
so allows.
  (13) 'Employee' means any individual employed by an employer.
  (14) 'Enrollee' means an employee, dependent of the employee or
an individual otherwise eligible for a group, individual or
portability health benefit plan who has enrolled for coverage
under the terms of the plan.
  (15) 'Exclusion period' means a period during which specified
treatments or services are excluded from coverage.
  (16) 'Financially impaired' means a member that is not
insolvent and is:
  (a) Considered by the Director of the Department of Consumer
and Business Services to be potentially unable to fulfill its
contractual obligations; or
  (b) Placed under an order of rehabilitation or conservation by
a court of competent jurisdiction.
  (17)(a) 'Geographic average rate' means the arithmetical
average of the lowest premium and the corresponding highest
premium to be charged by a carrier in a geographic area
established by the director for the carrier's:
  (A) Small employer group health benefit plans;
  (B) Individual health benefit plans; or
  (C) Portability health benefit plans.
  (b) 'Geographic average rate' does not include premium
differences that are due to differences in benefit design or
family composition.
  (18) 'Group eligibility waiting period' means, with respect to
a group health benefit plan, the period of employment or
membership with the group that a prospective enrollee must
complete before plan coverage begins.
  (19)(a) 'Health benefit plan' means any hospital expense,
medical expense or hospital or medical expense policy or
certificate, health care service contractor or health maintenance
organization subscriber contract, any plan provided by a multiple
employer welfare arrangement or by another benefit arrangement
defined in the federal Employee Retirement Income Security Act of
1974, as amended.
  (b) 'Health benefit plan' does not include coverage for
accident only, specific disease or condition only, credit,
disability income, coverage of Medicare services pursuant to
contracts with the federal government, Medicare supplement
insurance policies, coverage of CHAMPUS services pursuant to

Enrolled House Bill 2100 (HB 2100-B)                     Page 142

contracts with the federal government, benefits delivered through
a flexible spending arrangement established pursuant to section
125 of the Internal Revenue Code of 1986, as amended, when the
benefits are provided in addition to a group health benefit plan,
long term care insurance, hospital indemnity only, short term
health insurance policies (the duration of which does not exceed
six months including renewals), student accident and health
insurance policies, dental only, vision only, a policy of
stop-loss coverage that meets the requirements of ORS 742.065,
coverage issued as a supplement to liability insurance, insurance
arising out of a workers' compensation or similar law, automobile
medical payment insurance or insurance under which benefits are
payable with or without regard to fault and that is statutorily
required to be contained in any liability insurance policy or
equivalent self-insurance.
  (c) Nothing in this subsection shall be construed to regulate
any employee welfare benefit plan that is exempt from state
regulation because of the federal Employee Retirement Income
Security Act of 1974, as amended.
  (20) 'Health statement' means any information that is intended
to inform the carrier or insurance producer of the health status
of an enrollee or prospective enrollee in a health benefit plan.
'Health statement' includes the standard health statement
developed by the Health Insurance Reform Advisory Committee.
  (21) 'Implementation of chapter 836, Oregon Laws 1989 ' means
that the   { - Health Services Commission - }   { + Health
Evidence Review Commission or its predecessor + } has prepared a
priority list, the Legislative Assembly has enacted funding of
the list and all necessary federal approval, including waivers,
has been obtained.
  (22) 'Individual coverage waiting period' means a period in an
individual health benefit plan during which no premiums may be
collected and health benefit plan coverage issued is not
effective.
  (23) 'Initial enrollment period' means a period of at least 30
days following commencement of the first eligibility period for
an individual.
  (24) 'Late enrollee' means an individual who enrolls in a group
health benefit plan subsequent to the initial enrollment period
during which the individual was eligible for coverage but
declined to enroll. However, an eligible individual shall not be
considered a late enrollee if:
  (a) The individual qualifies for a special enrollment period in
accordance with 42 U.S.C. 300gg as amended and in effect on July
1, 1997;
  (b) The individual applies for coverage during an open
enrollment period;
  (c) A court has ordered that coverage be provided for a spouse
or minor child under a covered employee's health benefit plan and
request for enrollment is made within 30 days after issuance of
the court order;
  (d) The individual is employed by an employer who offers
multiple health benefit plans and the individual elects a
different health benefit plan during an open enrollment period;
or
  (e) The individual's coverage under Medicaid, Medicare,
CHAMPUS, Indian Health Service or a publicly sponsored or
subsidized health plan, including but not limited to the medical
assistance program under ORS chapter 414, has been involuntarily

Enrolled House Bill 2100 (HB 2100-B)                     Page 143

terminated within 63 days of applying for coverage in a group
health benefit plan.
  (25) 'Multiple employer welfare arrangement' means a multiple
employer welfare arrangement as defined in section 3 of the
federal Employee Retirement Income Security Act of 1974, as
amended, 29 U.S.C. 1002, that is subject to ORS 750.301 to
750.341.
  (26) 'Oregon Medical Insurance Pool' means the pool created
under ORS 735.610.
  (27) 'Preexisting conditions provision' means a health benefit
plan provision applicable to an enrollee or late enrollee that
excludes coverage for services, charges or expenses incurred
during a specified period immediately following enrollment for a
condition for which medical advice, diagnosis, care or treatment
was recommended or received during a specified period immediately
preceding enrollment. For purposes of ORS 743.730 to 743.773:
  (a) Pregnancy does not constitute a preexisting condition
except as provided in ORS 743.766;
  (b) Genetic information does not constitute a preexisting
condition in the absence of a diagnosis of the condition related
to such information; and
  (c) A preexisting conditions provision shall not be applied to
a newborn child or adopted child who obtains coverage in
accordance with ORS 743A.090.
  (28) 'Premium' includes insurance premiums or other fees
charged for a health benefit plan, including the costs of
benefits paid or reimbursements made to or on behalf of enrollees
covered by the plan.
  (29) 'Rating period' means the 12-month calendar period for
which premium rates established by a carrier are in effect, as
determined by the carrier.
  (30)(a) 'Small employer' means an employer that employed an
average of at least two but not more than 50 employees on
business days during the preceding calendar year, the majority of
whom are employed within this state, and that employs at least
two eligible employees on the date on which coverage takes effect
under a health benefit plan issued by a small employer carrier.
  (b) Any person that is treated as a single employer under
subsection (b), (c), (m) or (o) of section 414 of the Internal
Revenue Code of 1986 shall be treated as one employer for
purposes of this subsection.
  (c) The determination of whether an employer that was not in
existence throughout the preceding calendar year is a small
employer shall be based on the average number of employees that
it is reasonably expected the employer will employ on business
days in the current calendar year.
  (31) 'Small employer carrier' means any carrier that offers
health benefit plans covering eligible employees of one or more
small employers. A fully insured multiple employer welfare
arrangement otherwise exempt under ORS 750.303 (4) may elect to
be a small employer carrier governed by the provisions of ORS
743.733 to 743.737.
  SECTION 220. ORS 743.736 is amended to read:
  743.736. (1) In order to improve the availability and
affordability of health benefit coverage for small employers, the
Health Insurance Reform Advisory Committee created under ORS
743.745 shall submit to the Director of the Department of
Consumer and Business Services two basic health benefit plans
pursuant to ORS 743.745. One plan shall be in the form of
insurance and the second plan shall be consistent with the

Enrolled House Bill 2100 (HB 2100-B)                     Page 144

requirements of the federal Health Maintenance Organization Act,
42 U.S.C. 300e et seq.
  (2)(a) The director shall approve the basic health benefit
plans following a determination that the plans provide for
maximum accessibility and affordability of needed health care
services and following a determination that the basic health
benefit plans substantially meet the social values that underlie
the ranking of benefits by the   { - Health Services
Commission - }   { + Health Evidence Review Commission or its
predecessor + } and that the basic health benefit plans are
substantially similar to the Medicaid reform program under
chapter 836, Oregon Laws 1989, funded by the Legislative
Assembly.
  (b) The basic health benefit plans shall include benefits
mandated under ORS 743A.168   { - until mental health, alcohol
and chemical dependency services are fully integrated into the
Health Services Commission's priority list, and as funded by the
Legislative Assembly, and chapter 836, Oregon Laws 1989, is
implemented - } .
  (c) The commission shall aid the director by reviewing the
basic health benefit plans and commenting on the extent to which
the plans meet these criteria.
  (3) After the director's approval of the basic health benefit
plans submitted by the committee pursuant to subsection (1) of
this section, each small employer carrier shall submit to the
director the policy form or forms containing its basic health
benefit plan. Each policy form must be submitted as prescribed by
the director and is subject to review and approval pursuant to
ORS 742.003.
  (4)(a) As a condition of transacting business in the small
employer health insurance market in this state, every small
employer carrier shall offer small employers an approved basic
health benefit plan and any other plans that have been submitted
by the small employer carrier for use in the small employer
market and approved by the director.
  (b) Nothing in this subsection shall require a small employer
carrier to resubmit small employer health benefit plans that were
approved by the director prior to October 1, 1996, nor shall
small employer carriers be required to reinitiate new plan
selection procedures for currently enrolled small employers prior
to the small employer's next health benefit plan coverage
anniversary date.
  (c) A carrier that offers a health benefit plan in the small
employer market only through one or more bona fide associations
is not required to offer that health benefit plan to small
employers that are not members of the bona fide association.
  (5) A small employer carrier shall issue to a small employer
any small employer health benefit plan offered by the carrier if
the small employer applies for the plan and agrees to make the
required premium payments and to satisfy the other provisions of
the health benefit plan.
  (6) A multiple employer welfare arrangement, professional or
trade association or other similar arrangement established or
maintained to provide benefits to a particular trade, business,
profession or industry or their subsidiaries shall not issue
coverage to a group or individual that is not in the same trade,
business, profession or industry as that covered by the
arrangement. The arrangement shall accept all groups and
individuals in the same trade, business, profession or industry
or their subsidiaries that apply for coverage under the

Enrolled House Bill 2100 (HB 2100-B)                     Page 145

arrangement and that meet the requirements for membership in the
arrangement.  For purposes of this subsection, the requirements
for membership in an arrangement shall not include any
requirements that relate to the actual or expected health status
of the prospective enrollee.
  (7) A small employer carrier shall, pursuant to subsections (4)
and (5) of this section, offer coverage to or accept applications
from a group covered under an existing small employer health
benefit plan whether or not a prospective enrollee is excluded
from coverage under the existing plan because of late enrollment.
When a small employer carrier accepts an application for such a
group, the carrier may continue to exclude the prospective
enrollee excluded from coverage by the replaced plan until the
prospective enrollee would have become eligible for coverage
under that replaced plan.
  (8) No small employer carrier shall be required to offer
coverage or accept applications pursuant to subsections (4) and
(5) of this section if the director finds that acceptance of an
application or applications would endanger the carrier's ability
to fulfill its contractual obligations or result in financial
impairment of the carrier.
  (9) Every small employer carrier shall market fairly all small
employer health benefit plans offered by the carrier to small
employers in the geographical areas in which the carrier makes
coverage available or provides benefits.
  (10)(a) No small employer carrier shall be required to offer
coverage or accept applications pursuant to subsections (4) and
(5) of this section in the case of any of the following:
  (A) To a small employer if the small employer is not physically
located in the carrier's approved service area;
  (B) To an employee if the employee does not work or reside
within the carrier's approved service areas; or
  (C) Within an area where the carrier reasonably anticipates,
and demonstrates to the satisfaction of the director, that it
will not have the capacity in its network of providers to deliver
services adequately to the enrollees of those groups because of
its obligations to existing group contract holders and enrollees.
  (b) A carrier that does not offer coverage pursuant to
paragraph (a)(C) of this subsection shall not offer coverage in
the applicable service area to new employer groups other than
small employers until the carrier resumes enrolling groups of new
small employers in the applicable area.
  (11) For purposes of ORS 743.733 to 743.737, except as provided
in this subsection, carriers that are affiliated carriers or that
are eligible to file a consolidated tax return pursuant to ORS
317.715 shall be treated as one carrier and any restrictions or
limitations imposed by ORS 743.733 to 743.737 apply as if all
health benefit plans delivered or issued for delivery to small
employers in this state by the affiliated carriers were issued by
one carrier. However, any insurance company or health maintenance
organization that is an affiliate of a health care service
contractor located in this state, or any health maintenance
organization located in this state that is an affiliate of an
insurance company or health care service contractor, may treat
the health maintenance organization as a separate carrier and
each health maintenance organization that operates only one
health maintenance organization in a service area in this state
may be considered a separate carrier.
  (12) A small employer carrier that, after September 29, 1991,
elects to discontinue offering all of its small employer health

Enrolled House Bill 2100 (HB 2100-B)                     Page 146

benefit plans under ORS 743.737 (5)(e), elects to discontinue
renewing all such plans or elects to discontinue offering and
renewing all such plans is prohibited from offering health
benefit plans in the small employer market in this state for a
period of five years from one of the following dates:
  (a) The date of notice to the director pursuant to ORS 743.737
(5)(e); or
  (b) If notice is not provided under paragraph (a) of this
subsection, from the date on which the director provides notice
to the carrier that the director has determined that the carrier
has effectively discontinued offering small employer health
benefit plans in this state.
  SECTION 221. ORS 743A.010 is amended to read:
  743A.010. No policy of health insurance shall exclude from
payment or reimbursement losses incurred by an insured for any
covered service because the service was rendered at any hospital
owned or operated by the State of Oregon or any state approved
community mental health   { - and - }  { +  program or
community + } developmental disabilities program.
  SECTION 222. ORS 743A.062 is amended to read:
  743A.062. (1) No insurance policy or contract providing
coverage for a prescription drug to a resident of this state
shall exclude coverage of that drug for a particular indication
solely on the grounds that the indication has not been approved
by the United States Food and Drug Administration if the Health
  { - Resources Commission - }  { +  Evidence Review Commission
established under section 22 of this 2011 Act or the Pharmacy and
Therapeutics Committee established under section 2 of this 2011
Act + } determines that the drug is recognized as effective for
the treatment of that indication:
  (a) In publications that the commission { +  or the
committee + } determines to be equivalent to:
  (A) The American Hospital Formulary   { - Services - }
 { + Service + } drug information;
  (B) 'Drug Facts and Comparisons' (Lippincott-Raven Publishers);
  (C) The United States Pharmacopoeia drug information; or
  (D) Other publications that have been identified by the United
States Secretary of Health and Human Services as authoritative;
  (b) In the majority of relevant peer-reviewed medical
literature; or
  (c) By the United States Secretary of Health and Human
Services.
  (2) Required coverage of a prescription drug under this section
shall include coverage for medically necessary services
associated with the administration of that drug.
  (3) Nothing in this section requires coverage for any
prescription drug if the United States Food and Drug
Administration has determined use of the drug to be
contraindicated.
  (4) Nothing in this section requires coverage for experimental
drugs not approved for any indication by the United States Food
and Drug Administration.
  (5) This section is exempt from ORS 743A.001.
  SECTION 223. Section 1, chapter 426, Oregon Laws 2009, is
amended to read:
   { +  Sec. 1. + } (1) The   { - Department of Human
Services - }  { +  Oregon Health Authority + } shall develop and
implement a plan to increase, in underserved regions of the
state, the availability of supervision and treatment for persons

Enrolled House Bill 2100 (HB 2100-B)                     Page 147

conditionally released under ORS 161.315 to 161.351 or 419C.529
to 419C.544.
  (2) No later than January 15 of each odd-numbered year, the
  { - department - }  { +  authority + } shall submit, to an
appropriate committee of the Legislative Assembly designated by
the Speaker of the House of Representatives and the President of
the Senate, a report that includes but need not be limited to:
  (a) The contents of the plan described in subsection (1) of
this section;
  (b) An assessment of the   { - department's - }  { +
authority's + } progress in meeting the goals of the plan; and
  (c) A description of any financial or legal impediments to the
implementation of the plan.
  (3) The Psychiatric Security Review Board shall provide the
  { - department - }  { +  authority + } with information
necessary for the
  { - department - }  { +  authority + } to develop and implement
the plan described in subsection (1) of this section.
  (4) As used in this section:
  (a) 'Region' means an area, determined by the
 { - department - }  { +  authority + }, that contains one or
more counties.
  (b) 'Underserved' means that the number of persons on
conditional release who are provided treatment and supervision in
the region is fewer than the number of persons on conditional
release statewide who were found guilty except for insanity or
responsible except for insanity in the region.
  SECTION 224. Section 20, chapter 595, Oregon Laws 2009, is
amended to read:
   { +  Sec. 20. + } On or before January 2,   { - 2012 - }  { +
2014 + }, the Department of Human Services and the Oregon Health
Authority may delegate to each other any duties, functions or
powers transferred by section 19 { + , chapter 595, Oregon Laws
2009, + }   { - of this 2009 Act - }  that the department or the
authority   { - deem - }   { + deems + } necessary for the
efficient and effective operation of their respective functions.
  SECTION 225. Section 29, chapter 856, Oregon Laws 2009, is
amended to read:
   { +  Sec. 29. + } Notwithstanding any other law appropriating
moneys or limiting expenditures, in carrying out sections 1 to 3
 { - of this 2009 Act the Department of Human Services - }  { + ,
chapter 856, Oregon Laws 2009, the Oregon Health Authority + }
may use only funds provided by the United States Bureau of
Justice Assistance through the American Recovery and Reinvestment
Act of 2009 Edward Byrne Memorial Justice Assistance Grant
Program.

                               { +
MISCELLANEOUS PROVISIONS + }

  SECTION 226.  { + The Mental Health Services Fund is
established in the State Treasury, separate and distinct from the
General Fund. The Mental Health Services Fund comprises moneys
collected or received by the Oregon Health Authority, the
Department of Human Services and the Department of Corrections
under ORS 179.640, 426.241 and 430.165. The moneys in the fund
are continuously appropriated to the Oregon Health Authority, the
Department of Human Services and the Department of Corrections
for the purposes of paying the costs of:

Enrolled House Bill 2100 (HB 2100-B)                     Page 148

  (1) Services provided to a person in a state institution, as
defined in ORS 179.610;
  (2) Emergency psychiatric care, custody and treatment paid for
by a county under ORS 426.241;
  (3) Emergency care, custody or treatment provided to a person
admitted to or detained in a state mental hospital under ORS
426.070, 426.140, 426.180 to 426.210, 426.228, 426.232 or
426.233; and
  (4) Programs operating under ORS 430.265, 430.306 to 430.375,
430.405, 430.415, 430.850 to 430.880, 813.500 and 813.510. + }
  SECTION 227.  { + Notwithstanding any other provision of law,
ORS 411.459 shall not be considered to have been added to or made
a part of ORS chapter 411 for the purpose of statutory
compilation or for the application of definitions, penalties or
administrative provisions applicable to statute sections in that
chapter. + }
  SECTION 228.  { + ORS 409.310, 409.330, 410.110, 414.338,
414.350, 414.355, 414.360, 414.365, 414.370, 414.375, 414.380,
414.385, 414.390, 414.395, 414.400, 414.410, 414.415, 414.715,
414.720, 414.741, 430.170, 431.190, 442.575, 442.580, 442.581,
442.583, 442.584, 442.588, 442.589 and 735.711 are repealed. + }
  SECTION 229.  { + The unit captions used in this 2011 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 2011 Act. + }

                               { +
CONFLICT AMENDMENTS + }

  SECTION 230.  { + If House Bill 2281 becomes law, section 75 of
this 2011 Act (amending ORS 343.243) is repealed. + }
  SECTION 231.  { + If House Bill 2281 becomes law, section 77 of
this 2011 Act (amending ORS 343.961) is repealed and ORS 343.961,
as amended by section 1, chapter ___, Oregon Laws 2011 (Enrolled
House Bill 2281), is amended to read: + }
  343.961. (1) As used in this section:
  (a) 'Eligible residential treatment program' means a
residential treatment program with which the Oregon Health
Authority { + , the Department of Human Services + } or the
Oregon Youth Authority contracts for long-term care or treatment.
'Eligible residential treatment program' does not include
psychiatric day treatment programs or programs that provide care
or treatment to juveniles who are in detention facilities.
  (b) 'Residential treatment program' means a public or private
residential program that provides treatment of children with a
mental illness, an emotional disturbance or another mental health
issue.
  (c) 'Student' means a child who is placed in an eligible
residential treatment program by a public or private entity or by
the child's parent.
  (2) The Department of Education shall be responsible for
payment of the costs of education of students in eligible
residential treatment programs by contracting with the school
district in which the eligible   { - resident - }  { +
residential + } treatment program is located. The costs of
education do not include transportation, care, treatment or
medical expenses.
  (3)(a) The school district in which an eligible residential
treatment program is located is responsible for providing the
education of a student, including the identification, location

Enrolled House Bill 2100 (HB 2100-B)                     Page 149

and evaluation of the student for the purpose of determining the
student's eligibility to receive special education and related
services under ORS 343.035.
  (b) A school district that is responsible for providing an
education under this subsection may provide the education:
  (A) Directly or through another school district or an education
service district; and
  (B) In the facilities of an eligible residential treatment
program, a school district or an education service district.
  (c) When a student is no longer in an eligible residential
treatment program, the responsibilities imposed by this
subsection terminate and become the responsibilities of the
school district where the student is a resident, as determined
under ORS 339.133 and 339.134.
  (4) A school district may request the Department of Education
to combine several eligible residential treatment programs into
one contract with another school district or an education service
district.
  (5) The Oregon Health Authority { + , the Department of Human
Services + } or the Oregon Youth Authority shall give the school
district providing the education at an eligible residential
treatment program 14 days' notice { + , to the extent
practicable, + } before a student is dismissed from the program.
  (6) The Department of Education may make advances to school
districts responsible for providing an education to students
under this section from funds appropriated for that purpose based
on the estimated agreed cost of educating the students per school
year.  Advances equal to 25 percent of the estimated cost may be
made on September 1, December 1 and March 1 of the current year.
The balance may be paid whenever the full determination of cost
is made.
  (7) School districts that provide the education described in
this section on a year-round plan may apply for 25 percent of the
funds appropriated for that purpose on July 1, October 1, January
1, and 15 percent on April 1. The balance may be paid whenever
the full determination of cost is made.
  (8) In addition to the payment methods described in this
section, the Department of Education may:
  (a) Negotiate interagency agreements to pay for the cost of
education in residential treatment programs operated under the
auspices of the State Board of Higher Education; and
  (b) Negotiate intergovernmental agreements to pay for the cost
of education in residential treatment programs operated under the
auspices of the Oregon Health and Science University Board of
Directors.
  SECTION 232.  { + Section 57, chapter 9, Oregon Laws 2011
(Enrolled Senate Bill 353) (amending ORS 414.355), is
repealed. + }
  SECTION 233.  { + Notwithstanding section 48, chapter ___,
Oregon Laws 2011 (Enrolled Senate Bill 10) (amending ORS
414.720), if Senate Bill 10 becomes law, ORS 414.720 is repealed
by section 228 of this 2011 Act. + }
  SECTION 234.  { + If House Bill 2600 becomes law, section 4,
chapter ___, Oregon Laws 2011 (Enrolled House Bill 2600)
(amending ORS 427.005), is repealed and ORS 427.005, as amended
by section 165 of this 2011 Act, 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.

Enrolled House Bill 2100 (HB 2100-B)                     Page 150

  (2) 'Care' means:
  (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) 'Community developmental disabilities program director '
means the director of an entity that provides services described
in section 174 of this 2011 Act to persons with  { + intellectual
disabilities or other + } developmental disabilities.
  (4) 'Developmental disability' means an intellectual
disability, autism, cerebral palsy, epilepsy or other
neurological condition diagnosed by a qualified professional
that:
  (a) Originates before an individual is 22 years of age, or 18
years of age for an intellectual disability;
  (b) Originates in and directly affects the brain and is
expected to continue indefinitely;
  (c) Results in a significant impairment in adaptive behavior as
measured by a qualified professional;
  (d) Is not attributed primarily to other conditions including,
but not limited to, a mental or emotional disorder, sensory
impairment, substance abuse, personality disorder, learning
disability or attention deficit hyperactivity disorder; and
  (e) Requires training and support similar to that required by
an individual with an intellectual disability.
    { - (5) 'Developmental period' means the period of time
between birth and the 18th birthday. - }
    { - (6) - }  { +  (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.
    { - (7) - }  { +  (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 - }  { +  intellectual disabilities or
other developmental disabilities + }.
    { - (8) - }  { +  (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.
    { - (9) - }  { +  (8) + } 'Independence' means the extent to
which persons with   { - mental retardation or - }  { +
intellectual disabilities or other + } developmental disabilities
exert control and choice over their own lives.
    { - (10) - }  { +  (9) + } 'Integration' means:
  (a) Use by persons with   { - mental retardation or - }  { +
intellectual disabilities or other + } developmental disabilities
of the same community resources that are used by and available to
other persons;
  (b) Participation by persons with   { - mental retardation
or - }  { +  intellectual disabilities or other + } 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  { + intellectual disabilities or
other + } developmental disabilities in homes or in home-like

Enrolled House Bill 2100 (HB 2100-B)                     Page 151

settings that are in proximity to community resources, together
with regular contact with persons without disabilities in their
community.
    { - (11) - }  { +  (10)(a) + } 'Intellectual disability'
means significantly subaverage general intellectual functioning,
defined as intelligence quotients under 70 as measured by a
qualified professional and existing concurrently with significant
impairment in adaptive behavior, that is manifested before the
individual is 18 years of age.
   { +  (b) + } An individual with intelligence quotients of 70
through 75 may be considered to have an intellectual disability
if there is also significant impairment in adaptive behavior, as
diagnosed and measured by a qualified professional.
   { +  (c) + } The impairment in adaptive behavior must be
directly related to the intellectual disability.
   { +  (d) + } Intellectual disability is synonymous with mental
retardation.
    { - (12) - }  { +  (11) + } 'Intellectual functioning' means
functioning as assessed by one or more of the individually
administered general intelligence tests developed for the
purpose.
    { - (13) 'Mental retardation' is synonymous with intellectual
disability. - }
    { - (14) - }   { + (12) + } 'Minor' means an unmarried person
under 18 years of age.
    { - (15) - }  { +  (13) + } 'Physician' means a person
licensed by the Oregon Medical Board to practice medicine and
surgery.
    { - (16) - }  { +  (14) + } 'Productivity' means engagement
in income-producing work by a person with   { - mental
retardation - }  { +  an intellectual disability + } or
 { - a - }  { +  another + } developmental disability which is
measured through improvements in income level, employment status
or job advancement or engagement by a person with   { - mental
retardation - }  { +  an intellectual disability + } or
 { - a - }  { +  another + } developmental disability in work
contributing to a household or community.
    { - (17) - }  { +  (15) + } 'Resident' means a person
admitted to a state training center either voluntarily or after
commitment to the department.
    { - (18) - }  { +  (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.
    { - (19) - }  { +  (17) + } 'State training center' means any
facility that is an intermediate care facility for the mentally
retarded as defined in 42 U.S.C. 1396d(d).
    { - (20) - }  { +  (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.
    { - (21) - }  { +  (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 235.  { + The amendments to ORS 427.005 by section 234
of this 2011 Act become operative January 1, 2012. + }

Enrolled House Bill 2100 (HB 2100-B)                     Page 152

  SECTION 236.  { + If Senate Bill 89 becomes law, section 219 of
this 2011 Act (amending ORS 743.730) is repealed. + }
  SECTION 237.  { + If Senate Bill 89 becomes law, section 220 of
this 2011 Act (amending ORS 743.736) is repealed. + }

                               { +
EMERGENCY CLAUSE + }

  SECTION 238.  { + This 2011 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2011 Act takes effect on
its passage. + }
                         ----------

Passed by House June 16, 2011

Repassed by House June 27, 2011

    .............................................................
                         Ramona Kenady Line, Chief Clerk of House

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Passed by Senate June 24, 2011

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 2100 (HB 2100-B)                     Page 153

Received by Governor:

......M.,............., 2011

Approved:

......M.,............., 2011

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2011

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled House Bill 2100 (HB 2100-B)                     Page 154
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