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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

HA to HB 2100

LC 662/HB 2100-6

                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2100

                   By COMMITTEE ON HEALTH CARE

                            April 26

  On page 1 of the printed bill, line 4, after '181.735, ' insert
'185.140,' and after '243.878,' insert '279A.050,'.
  In line 8, after '411.640,' insert '411.660,'.
  In line 9, after '411.703,' insert '411.708,' and after '
413.032,' insert '413.033,'.
  In line 10, delete '414.325,' and insert '414.332,' and delete
'414.337,'.
  In line 12, after '418.985,' insert '419C.529,'.
  In line 15, after '433.407,' insert '441.021,' and after '
442.700,' insert '443.410,' and after '448.465,' insert '
475.495,'.
  In line 19, delete '414.332,'.
  In line 21, after '430.170,' insert '431.190,' and delete ' and
sec-' and insert a semicolon.
  In line 22, delete 'tion 13, chapter 827, Oregon Laws 2009;'.
  On page 3, line 9, delete 'a nine-member' and insert 'an
11-member'.
  In line 16, delete 'Four' and insert 'Five'.
  In line 19, delete 'Three' and insert 'Four'.
  Delete lines 23 through 27 and insert:
  ' (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.'.
  In line 34, delete 'Three' and insert 'Five'.
  On page 4, line 31, after 'appropriate' delete the rest of the
line and delete line 32.
  In line 33, delete 'any other evidence review process'.
  Delete line 38 and insert:
  ' (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
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.'.
  On page 6, line 26, delete 'may' and insert 'shall'.
  In line 31, delete 'as' and insert ', including substantial
cost differences between drugs within the same therapeutic class,
that is'.
  Delete lines 35 and 36.
  On page 7, after line 3, insert:
  ' (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.'.
  On page 8, line 43, delete 'on January 1, 2012' and insert ' 31
calendar days after the effective date of this 2011 Act'.
  On page 9, line 7, delete 'Four' and insert 'Five'.
  In line 10, before the period insert ', and one must be a
hospital representative or a physician whose practice is
significantly hospital-based'.
  In line 13, delete 'representative who may be a' and delete ' ,
physician' and insert a period.
  Delete line 14.
  In line 17, delete 'Four' and insert 'Two'.
  In line 18, delete 'complementary and alternative medicine,
hospitals,'.
  After line 19, insert:
  ' (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.'.
  In line 20, delete '(f)' and insert '(g)'.
  In line 22, delete '(g)' and insert '(h)'.
  On page 10, line 21, after 'services' insert ', including drug
therapies,'.
  Delete lines 24 through 26.
  On page 11, line 1, delete 'drugs,'.
  In line 26, after the period insert '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.'.
  Delete lines 33 through 35 and insert:

  '  { +  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. + } ' .
  On page 16, line 23, delete 'public assistance' and delete the
second 'for'.
  On page 17, line 4, before the period insert 'that the
authority and the department are responsible for administering'.
  In line 6, after 'or' delete the rest of the line and insert ',
if requested by the recipient of the notice, by electronic mail.
The'.
  After line 35, insert:
  '  { +  SECTION 50a.  + }  { +  (1) As used in this section:
  ' (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. + } ' .
  On page 18, line 35, after 'ORS' insert '411.708, 411.795 and'.
  On page 24, line 23, after '416.340' insert ', 416.350'.
  In line 24, after '416.340' insert ', 416.350'.
  In line 26, delete 'department' and insert 'agency'.
  On page 33, after line 5, insert:
  '  { +  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.'.
  On page 36, after line 26, insert:
  '  { +  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
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;
  ' (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.'.
  On page 39, line 37, delete 'or' and insert 'and to seniors'
and delete 'for seniors'.
  On page 44, line 15, restore 'programs' and delete ' program'
and insert 'and'.
  On page 45, line 24, before the period insert 'or the Oregon
Health Authority'.
  In line 25, after 'department' insert 'or the authority'.
  In line 29, after 'department' insert 'or the authority'.
  In line 30, after 'department' insert 'or the authority'.
  In line 41, delete 'Oregon Health'.
  On page 47, line 19, delete the boldfaced material and insert '
or, if requested by the recipient of the notice, by electronic
mail'.
  On page 48, line 16, delete 'public assistance' and delete the
second 'for'.
  On page 54, after line 28, insert:
  '  { +  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 + }.
  ' (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.'.
  On page 56, after line 36, insert:
  '  { +  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
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.'.
  On page 58, line 12, delete 'board' and insert ' authority'.
  In line 14, delete 'board' and insert 'authority'.
  Delete lines 31 through 33 and insert 'of addictions;

  ' (g) Assess, promote and protect the health of the public as
specified by state and federal law;'.
  On page 59, after line 32, insert:
  '  { +  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.
  ' (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.'.
  On page 66, delete lines 41 through 45 and delete pages 67 and
68.
  On page 69, delete lines 1 through 16 and insert:
  '  { +  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 + }.'.
  In line 25, after 'Committee' delete the rest of the line and
insert a period.
  In line 43, after 'Committee' delete the rest of the line and
insert a period.
  On page 70, delete lines 10 through 20 and insert:
  '  { +  NOTE: + } Section 140 was deleted by amendment.
Subsequent sections were not renumbered.'.
  On page 74, line 6, delete 'Policy Board' and insert '
Authority'.
  On page 75, line 14, delete the boldfaced material.
  In line 30, after 'paid' insert 'to or'.
  On page 76, after line 1, insert:
  ' (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.'.
  In line 2, delete '(5)' and insert '(6)'.
  On page 78, after line 41, insert:
  '  { +  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.
  ' (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.'.
  On page 82, line 11, after '(b)' insert 'Originates in and'.
  In line 13, delete 'and'.
  In line 14, after 'to' insert 'other conditions including, but
not limited to,'.
  In line 16, delete the period and insert '; and
  ' (e) Requires training and support similar to that required by
an individual with an intellectual disability.'.
  After line 36, insert:
  ' (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.'.
  In line 37, delete '(11)' and insert '(12)'.
  Delete lines 39 through 44 and insert:
  ' (13) 'Mental retardation' is synonymous with intellectual
disability.'.
  In line 45, delete '(13)' and insert '(14)'.
  On page 83, line 1, delete '(14)' and insert '(15)'.
  In line 3, delete '(15)' and insert '(16)'.
  In line 7, delete '(16)' and insert '(17)'.
  In line 9, delete '(17)' and insert '(18)'.
  Delete lines 11 through 13 and insert:
  ' (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).'.
  In line 14, delete '(19)' and insert '(20)'.
  In line 20, delete '(20)' and insert '(21)'.
  On page 96, line 28, delete the second comma.
  In line 29, delete 'subject to the availability of funds,
shall' and insert 'may contract with the department to'.
  On page 110, after line 35, insert:
  '  { +  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.
  ' (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.'.
  On page 111, after line 38, insert:
  '  { +  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
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. + } ' .
  On page 113, after line 34, insert:
  '  { +  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.'.
  On page 130, line 19, delete '414.332,'.
  In line 21, after '430.170,' insert '431.190,'.
  Delete line 22 and insert 'are repealed.'.
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