Bill Text: OR HB3037 | 2011 | Regular Session | Enrolled
Bill Title: Relating to senior services.
Sponsorship: Strong Partisan Bill (Democrat 12-1)
Status: (Passed) 2011-06-01 - Chapter 201, (2011 Laws): Effective date January 1, 2012. [HB3037 Detail]
Download: Oregon-2011-HB3037-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 3037
Sponsored by Representative COWAN; Representatives BEYER, HOLVEY,
OLSON, SCHAUFLER, TOMEI, Senators BATES, EDWARDS, JOHNSON,
MONNES ANDERSON, MONROE, ROSENBAUM, VERGER
CHAPTER ................
AN ACT
Relating to senior services; amending ORS 316.147, 316.148,
410.410, 410.420, 410.430, 410.435, 410.450, 410.470, 410.480
and 410.851.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 410.410 is amended to read:
410.410. As used in ORS 410.410 to 410.480:
(1) 'Authorized agency' means any organization designated by
the Department of Human Services as an area agency on aging.
(2) 'Authorized service' means any service { + described in
ORS 410.420 (1) and + } designated by the department
{ - pursuant to - } { + by + } rule to be eligible for Oregon
Project Independence funding.
{ - (3) 'Department' means the Department of Human
Services. - }
{ - (4) 'Home health service' means items and services
furnished to an individual by a home health agency, or by others
under arrangement with such agency, on a visiting basis in a
place of temporary or permanent residence used as the
individual's home for the purpose of maintaining that individual
at home. - }
{ - (5) - } { + (3) + } 'Service provider' means any agency
or program that provides one or more { - authorized services
under Oregon Project Independence - } { + services described in
ORS 410.420 + }.
SECTION 2. ORS 410.420 is amended to read:
410.420. (1) Funds appropriated for Oregon Project Independence
shall { - only - } be expended for { + home care supportive
services including in-home or community-based services that
assist an individual in achieving the greatest degree of
independent functioning in the individual's home.
(2) Funds appropriated for Oregon Project Independence may be
expended for the following services:
(a) Services to support community caregivers and strengthen the
natural support system for seniors including, but not limited to:
(A) Information and assistance in accessing health and social
services;
(B) Respite care;
(C) Training; and
(D) Counseling.
(b) Health promotion services including, but not limited to:
Enrolled House Bill 3037 (HB 3037-A) Page 1
(A) Chronic disease management;
(B) Fall prevention activities;
(C) Nutrition counseling;
(D) Physical activities; and
(E) Medication management.
(c) Options counseling to provide individuals and their
families with up-to-date, comprehensive, objective and easy to
understand information about the full range of immediate and long
range options that:
(A) Educates individuals and families about available community
support options;
(B) Assesses the needs and resources of individuals and
families;
(C) Assists individuals and families in developing and
implementing informed and cost-effective decisions about long
term support choices; and
(D) Provides intensive counseling for individuals at risk of
unnecessary or premature nursing facility placement.
(d) Transportation options that allow individuals to live at
home and access the full range of community resources. + }
{ - the following authorized services: - }
{ - (a) Homemaker; - }
{ - (b) Housekeeper; - }
{ - (c) Chore; - }
{ - (d) Escort; - }
{ - (e) Home health; - }
{ - (f) Personal care service; - }
{ - (g) Elderly day care; and - }
{ - (h) Other services authorized by the Department of Human
Services. - }
{ - (2) The department shall adopt rules to implement ORS
410.410 to 410.480. - }
SECTION 3. ORS 410.430 is amended to read:
410.430. (1) In order to qualify for { + authorized + }
services from an authorized agency or service provider, each
client { - or recipient - } must:
(a) Be 60 years { - old - } { + of age + } or older or have
been diagnosed as having Alzheimer's disease or a related
disorder;
(b) Not be receiving financial assistance from the Department
of Human Services, except supplemental nutrition assistance and
limited Medicare reimbursement benefits administered by the
department; and
(c) Be assessed to be at the risk of entering an institution.
(2) Eligibility determination { - shall be - } { + is + }
required before any client may receive services from an
authorized agency or service provider.
SECTION 4. ORS 410.435 is amended to read:
410.435. (1) Notwithstanding ORS 410.430 and subject to the
conditions described in subsection (2) of this section, the
Department of Human Services shall adopt rules { - : - }
{ - (a) - } expanding the eligibility requirements of Oregon
Project Independence to cover persons 19 years of age or older
with physical disabilities { + . + } { - ; and - }
{ - (b) Expanding authorized services under Oregon Project
Independence to include: - }
{ - (A) Public education on long term care planning and
resources; - }
{ - (B) Establishment and maintenance of a website on long
term care planning and resources; and - }
Enrolled House Bill 3037 (HB 3037-A) Page 2
{ - (C) Long term care case management and case planning
services offered for a fee to persons who are not eligible for
services from Oregon Project Independence. - }
(2) The department may not adopt the rules expanding Oregon
Project Independence described in subsection (1) of this section
unless the amount of moneys in the Oregon Project Independence
Fund established in ORS 410.422 is sufficient to provide services
to eligible clients under ORS 410.410 to 410.480 and is
sufficient to fund the expansion of the program to persons with
physical disabilities { - and the additional authorized
services described in subsection (1) of this section - } .
(3) Rules adopted under subsection (1) of this section are
valid only for the biennium in which the rules are adopted.
SECTION 5. ORS 410.450 is amended to read:
410.450. (1) Eligibility determinations and determinations of
services for Oregon Project Independence shall be made in
accordance with rules of the Department of Human Services.
(2) { - Determination of - } { + Eligibility for
authorized + } services shall be based on each client's
financial, physical, functional, medical and social need for such
services.
(3) Clients who appear eligible for services provided by the
department because of disability or age and income shall be
encouraged to apply to the department for service.
SECTION 6. ORS 410.470 is amended to read:
410.470. (1) The Department of Human Services shall establish
fees for { + authorized + } services { - provided under ORS
410.410 to 410.480 after consultation with area agencies on
aging - } { + after consultation with authorized agencies + }.
The fees may differ for different areas and for different income
levels.
(2) Fees established under subsection (1) of this section shall
be charged to all clients.
(3) A record of all fees collected { + under subsection (1) of
this section + } shall be kept by each authorized agency and made
available upon request to the department.
{ + (4) The department may establish fees for services
described in ORS 410.420 (2). + }
{ - (4) - } { + (5) + } Nothing prevents any client of
Oregon Project Independence from making a contribution.
{ - (5) - } { + (6) + } Fees and any contribution must be
used to expand services.
SECTION 7. ORS 410.480 is amended to read:
410.480. (1) Each authorized agency and service provider shall
maintain books, records, documents and accounting procedures
which reflect costs and such other activities as the Department
of Human Services may require. The books, records and documents
shall be made available to the department upon request.
(2) Each authorized agency shall submit to the department an
audit of its financial records annually. Such audits shall be
conducted by an individual holding a permit issued by the Oregon
Board of Accountancy under ORS 673.010 to 673.457.
(3) Fiscal and program reports shall be completed on forms
provided by the department and be submitted to the department by
the specified due dates.
(4) The use or disclosure by any party of any information
concerning a { - recipient or - } client { - of
authorized - } { + receiving + } services described in ORS
{ - 410.410 to 410.480 - } { + 410.420 + } for any purpose not
directly connected with the administration of the
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responsibilities of the department, or an authorized agency or a
service provider { + , + } is prohibited except with written
consent of the recipient, or the legal representative thereof.
SECTION 8. ORS 316.147 is amended to read:
316.147. As used in ORS 316.147 to 316.149, unless the context
requires otherwise:
(1) 'Eligible taxpayer' includes any individual who must pay
taxes otherwise imposed by this chapter and:
(a) Who pays or incurs expenses for the care of a 'qualified
individual,' as defined in subsection (2) of this section,
through a payment method determined by rule of the Department of
Revenue; and
(b) Who has a 'household income,' as defined by ORS 310.630,
for the taxable year, not to exceed the maximum amount of
household income allowed in ORS 310.640 (1989 Edition) for a
homeowner or renter refund.
(2) 'Qualified individual' includes an individual at least 60
years of age on the date that the expenses described in
subsection (1)(a) of this section are paid or incurred by the
eligible taxpayer:
(a) Whose household income, as defined by ORS 310.630, does not
exceed $7,500 for the calendar year in which the taxable year of
the taxpayer begins;
(b) Who is eligible for { - home care - } { + authorized
+ }services { + as defined in ORS 410.410 + } under Oregon
Project Independence { - provided by the Department of Human
Services - } ;
(c) Who is certified by the Department of Human Services; and
(d) Whose care or any portion thereof is not paid for under ORS
chapter 414.
SECTION 9. ORS 316.148 is amended to read:
316.148. (1) A credit against the taxes otherwise due under
this chapter shall be allowed to an eligible taxpayer with
respect to food, clothing, medical care and transportation
expenses paid or incurred by the taxpayer during the taxable year
on behalf of a qualified individual in order that the qualified
individual is not placed or maintained in a nursing home
unnecessarily. The amount of the credit shall be $250 or eight
percent of the expenses paid or incurred during the taxable year,
whichever is less.
(2) No credit shall be allowed under this section for expenses
paid or incurred for any period of time in which the qualified
individual is a resident in a nursing home or is receiving
{ - aid - } { + authorized services as defined in ORS
410.410 + } from Oregon Project Independence.
SECTION 10. ORS 410.851 is amended to read:
410.851. (1) The Legislative Assembly finds and declares that
patients admitted to and cared for by long term care facilities
in Oregon are more impaired than in the past. In keeping with the
traditional commitment of the State of Oregon to the care and
protection of its citizens who are frail or elderly or who have
disabilities, as expressed in ORS { - 410.020 (1) to (6) - }
{ + 410.010 + }, the Legislative Assembly declares that a
patient-based reimbursement system emphasizing quality incentives
is appropriate for long term care facilities. Such a system would
reward long term care facilities for outcomes, such as
maintaining or improving a patient's condition, and meet the
legitimate costs of caring for patients.
(2) As used in this section, 'patient-based reimbursement '
means reimbursement for direct patient care according to the
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needs of the patient, based on multiple levels of patient health,
functioning and impairment.
(3) A patient-based reimbursement system does not require the
Department of Human Services to assess each patient and reimburse
long term care facilities according to the constantly changing
conditions of the patients except for changes between skilled and
intermediate levels of care which shall result in prompt
readjustment of rates.
(4) The department shall establish by rule definitions of
levels of care and the payment rates for the patient-based
reimbursement system. The rates shall be designed to maintain and
enhance access to community-based care services.
(5) Notwithstanding ORS 410.555, the department, in cooperation
with representatives of community-based care providers, shall
implement policies that offer incentives to providers for
entering into Medicaid contracts with the department and that
enable a patient, to the greatest extent possible, to remain in
the residential setting offering the scope of services that best
meets the patient's needs.
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Enrolled House Bill 3037 (HB 3037-A) Page 5
Passed by House April 26, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate May 16, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 3037 (HB 3037-A) Page 6
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 3037 (HB 3037-A) Page 7
