Bill Text: OR HB3536 | 2011 | Regular Session | Enrolled

Oregon House Bill 3536 (Prior Session Legislation)

Bill Title: Relating to medical assistance; and declaring an emergency.

Sponsorship: Bipartisan Bill

Status: (Passed) 2011-06-01 - Chapter 207, (2011 Laws): Effective date June 1, 2011. [HB3536 Detail]

Download: Oregon-2011-HB3536-Enrolled.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

                            Enrolled

                         House Bill 3536

Sponsored by Representatives PARRISH, TOMEI; Representatives
  FREDERICK, GILLIAM, GREENLICK, HARKER, THOMPSON, WEIDNER

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

                             AN ACT

Relating to medical assistance; creating new provisions; amending
  ORS 411.439; and declaring an emergency.

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

  SECTION 1.  { + (1) The Department of Human Services or the
Oregon Health Authority shall suspend, instead of terminate, the
medical assistance of a person who becomes an inmate of a local
correctional facility, as defined in ORS 169.005, and who is
expected to remain in the local correctional facility for no more
than 12 months.
  (2) Upon notification that a person described in subsection (1)
of this section is no longer an inmate residing in a local
correctional facility, the department or the authority shall
reinstate the person's medical assistance if the person is
eligible for medical assistance.
  (3) 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 the medical
assistance. + }
  SECTION 2. 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  { + or the Oregon
Health Authority + } shall suspend { + , instead of
terminate, + } 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.

Enrolled House Bill 3536 (HB 3536-A)                       Page 1

  (3) The department  { + or the authority + } 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  { + or the authority + } 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 3.  { + The Department of Human Services and the Oregon
Health Authority shall jointly report to the Legislative Assembly
no later than May 31, 2013, on the feasibility of requiring the
suspension, instead of the termination, of medical assistance
provided to persons who become inmates of local correctional
facilities, as defined in ORS 169.005, or Department of
Corrections institutions, as defined in ORS 421.005, who are
expected to be incarcerated for more than 12 months. + }
  SECTION 4.  { + 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 April 14, 2011

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

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

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

Passed by Senate May 17, 2011

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

Enrolled House Bill 3536 (HB 3536-A)                       Page 2

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 3536 (HB 3536-A)                       Page 3