Bill Text: OR HB4084 | 2012 | Regular Session | Amended

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

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Bill Title: Relating to vulnerable persons; and declaring an emergency.

Spectrum: Unknown

Status: (Passed) 2012-03-27 - Chapter 70, (2012 Laws): Effective date March 27, 2012. [HB4084 Detail]

Download: Oregon-2012-HB4084-Amended.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session

HA to HB 4084

LC 256/HB 4084-2

                       HOUSE AMENDMENTS TO
                         HOUSE BILL 4084

                 By COMMITTEE ON HUMAN SERVICES

                           February 13

  On page 1 of the printed bill, line 3, delete '163.165, ' and
after '181.537,' insert '192.586,'.
  Delete lines 5 through 17.
  On page 2, delete lines 1 through 28 and insert:
  '  { +  NOTE: + } Section 1 was deleted by amendment.
Subsequent sections were not renumbered.'.
  On page 8, delete lines 3 through 8 and insert:
  '  { +  SECTION 6. + } (1) Upon notice by a law enforcement
agency that an investigation into abuse is being conducted under
ORS 124.070, and without the consent of the named elderly person
or of the named elderly person's caretaker, fiduciary or other
legal representative, a health care provider must:
  ' (a) Permit the law enforcement agency to inspect and copy, or
otherwise obtain, protected health information of the named
elderly person; and
  ' (b) Upon request of the law enforcement agency, consult with
the agency about the protected health information.'.
  In line 12, delete '192.519' and insert '192.556'.
  Delete lines 16 through 21 and insert:
  '  { +  SECTION 8. + } (1) Upon notice by a law enforcement
agency that an investigation into abuse is being conducted under
ORS 441.650, and without the consent of the named resident or of
the named resident's caretaker, fiduciary or other legal
representative, a health care provider must:
  ' (a) Permit the law enforcement agency to inspect and copy, or
otherwise obtain, protected health information of the named
resident; and
  ' (b) Upon request of the law enforcement agency, consult with
the agency about the protected health information.'.
  In line 25, delete '192.519' and insert '192.556'.
  Delete lines 29 through 45.
  On page 9, delete lines 1 through 18 and insert:
  '  { +  SECTION 10. + }  { + (1) Upon the request of a law
enforcement agency and the receipt of the certification required
under subsection (2) of this section, a financial institution
shall disclose and provide copies of the financial records of the
person who is the alleged victim in an investigation under ORS
124.070 or 441.650 to the law enforcement agency without the
consent of the person or of the person's caretaker, fiduciary or
other legal representative.
  ' (2) In requesting the copies of financial records under
subsection (1) of this section, the law enforcement agency shall
specify the name and Social Security number of the person about
whom the copies are sought, and shall certify to the financial
institution in writing, signed by an agent of the law enforcement
agency:
  ' (a) That the person about whom copies of financial records
are sought is the alleged victim in an abuse investigation under
ORS 124.070 or 441.650;

  ' (b) That the law enforcement agency has a reasonable belief
that abuse has occurred or is occurring; and
  ' (c) That the requested copies of financial records are
necessary for a determination in the investigation that abuse has
occurred or is occurring.
  ' (3) A financial institution that supplies copies of financial
records under this section may, but is not required to, inform
the person about whom copies of financial records have been
requested, or the person's caretaker, fiduciary or other legal
representative, about the request and disclosure unless
specifically directed by the law enforcement agency not to do so.
  ' (4) A financial institution that supplies copies of financial
records under this section may be reimbursed for costs incurred
as provided in ORS 192.602.
  ' (5) A financial institution that supplies copies of financial
records under this section is not liable to any person for any
loss, damage or injury arising out of or in any way pertaining to
the disclosure of the copies.
  ' (6) Each financial institution that is requested to supply
copies of financial records under this section may specify that
requests for copies from the financial institution must be
submitted in written, tape or electronic format. A reasonable
time must be provided the financial institution to comply with
subsection (1) of this section.
  ' (7)(a) A law enforcement agency may seek disclosure and
copies of financial records under this section only with respect
to a person who is the alleged victim of abuse in an
investigation under ORS 124.070 or 441.650.
  ' (b) Notwithstanding paragraph (a) of this subsection,
disclosure and copies of financial records may be obtained under
this section when the financial records pertain to an account,
loan or other financial relationship owned, held or maintained by
a person who is the alleged victim in an abuse investigation
under ORS 124.070 or 441.650 together with one or more other
persons who are not alleged victims in the abuse
investigation. + }
  '  { +  SECTION 10a. + } ORS 192.586 is amended to read:
  ' 192.586. (1) Except as provided in ORS 192.588, 192.591,
192.593, 192.596, 192.598 and 192.603  { + and section 10 of this
2012 Act + } or as required by ORS 25.643 and 25.646 and the
Uniform Disposition of Unclaimed Property Act, ORS 98.302 to
98.436 and 98.992:
  ' (a) A financial institution may not provide financial records
of a customer to a state or local agency.
  ' (b) A state or local agency may not request or receive from a
financial institution financial records of customers.
  ' (2) Subsection (1) of this section does not preclude a
financial institution, in the discretion of the financial
institution, from initiating contact with, and thereafter
communicating with and disclosing customer financial records to:
  ' (a) Appropriate state or local agencies concerning a
suspected violation of the law.
  ' (b) The office of the State Treasurer if the records relate
to state investments in commercial mortgages involving the
customer. The records and the information contained therein are
public records but are exempt from disclosure under ORS 192.410
to 192.505 unless the public interest in disclosure clearly
outweighs the public interest in confidentiality. However, the
following records in the office must remain open to public
inspection:
  ' (A) The contract or promissory note establishing a directly
held residential or commercial mortgage and information
identifying collateral;
  ' (B) Any copy the office retains of the underlying mortgage
note in which the office purchases a participation interest; and

  ' (C) Information showing that a directly held loan is in
default.
  ' (c) An appropriate state or local agency in connection with
any business relationship or transaction between the financial
institution and the customer, if the disclosure is made in the
ordinary course of business of the financial institution and will
further the legitimate business interests of the customer or the
financial institution.
  ' (3) ORS 192.583 to 192.607 do not prohibit any of the
following:
  ' (a) The dissemination of any financial information that is
not identified with, or identifiable as being derived from, the
financial records of a particular customer.
  ' (b) The examination by, or disclosure to, the Department of
Consumer and Business Services of financial records that relate
solely to the exercise of the department's supervisory function.
The scope of the department's supervisory function shall be
determined by reference to statutes that grant authority to
examine, audit, or require reports of financial records or
financial institutions.
  ' (c) The furnishing to the Department of Revenue of
information by the financial institution, whether acting as
principal or agent, as required by ORS 314.360.
  ' (d) Compliance with the provisions of ORS 708A.655 or
723.844.
  ' (4) Notwithstanding subsection (1) of this section, a
financial institution may:
  ' (a) Enter into an agreement with the Oregon State Bar that
requires the financial institution to make reports to the Oregon
State Bar whenever a properly payable instrument is presented for
payment out of an attorney trust account that contains
insufficient funds, whether or not the instrument is honored by
the financial institution; and
  ' (b) Submit reports to the Oregon State Bar concerning
instruments presented for payment out of an attorney trust
account under a trust account overdraft notification program
established under ORS 9.685.'.
  On page 12, lines 15 through 17, restore the bracketed
material.
  In line 19, after '(b)' insert 'Notwithstanding paragraph (a)
of this subsection,'.
  On page 18, delete lines 39 through 43.
  In line 44, delete '21' and insert '20' and before ' The'
insert 'No later than October 1, 2012,'.
  On page 19, line 1, delete 'the' and insert 'a'.
  Delete lines 2 and 3 and insert 'call system and 2-1-1 system
integration to provide a means of making the report required by
ORS 124.060.'.
  In line 4, delete '22' and insert '21'.
  In line 5, after '(a)' insert 'Using new or existing
materials,'.
  In line 10, after '(b)' insert 'Using new or existing
materials,'.
  In line 15, delete '23' and insert '22' and before ' The'
insert 'No later than October 1, 2012,'.
  In line 18, after 'section' delete the rest of the line and
line 19 and insert '21 of this 2012 Act.'.
  Delete lines 20 through 25.
  In line 26, delete '25' and insert '23'.
  On page 21, line 5, delete '26' and insert '24' and delete '25'
and insert '23'.
  In line 6, delete '27' and insert '25'.
  In line 10, delete '28' and insert '26'.
  In line 14, delete '29' and insert '27'.
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