Bill Text: OR SB439 | 2013 | Regular Session | Introduced
Bill Title: Relating to primary care; declaring an emergency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB439 Detail]
Download: Oregon-2013-SB439-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1843
Senate Bill 439
Sponsored by Senator STEINER HAYWARD (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Establishes Task Force on Oregon's Primary Care Workforce.
Sunsets task force on date of convening of 2014 regular session
of Legislative Assembly.
Transfers Primary Care Services Program from Office of Rural
Health to Oregon Health Authority. Requires authority to
establish by rule annual cap on payments to practitioners under
program.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to primary care; creating new provisions; amending ORS
442.550, 442.555, 442.560 and 442.570; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Task Force on Oregon's Primary Care
Workforce is established, consisting of nine members appointed as
follows:
(a) The President of the Senate shall appoint three members.
(b) The Speaker of the House of Representatives shall appoint
three members.
(c) The Governor shall appoint three members with expertise in
the effective delivery of primary care and in health care
workforce issues.
(2) The task force shall study:
(a) The effectiveness of the Primary Care Services Program in
addressing the shortage of providers of primary care in this
state that is anticipated to occur with the implementation of the
Patient Protection and Affordable Care Act (P.L. 111-148) in
2014, and other possible solutions to address the shortage; and
(b) The best use of the $2 million that the Centers for
Medicare and Medicaid Services is requiring the state to expend
as a condition of receiving federal financial participation in
the costs of operating the Oregon Integrated and Coordinated
Health Care Delivery System established by ORS 414.620.
(3) A majority of the voting members of the task force
constitutes a quorum for the transaction of business.
(4) Official action by the task force requires the approval of
a majority of the voting members of the task force.
(5) The task force shall elect one of its members to serve as
chairperson.
(6) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
(7) The task force shall meet at times and places specified by
the call of the chairperson or of a majority of the voting
members of the task force.
(8) The task force may adopt rules necessary for the operation
of the task force.
(9) The task force shall report its findings and
recommendations to the Governor and to the Legislative Assembly
in the manner provided by ORS 192.245 no later than October 1,
2013.
(10) The Oregon Health Authority shall provide staff support to
the task force.
(11) Members of the task force 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
appropriated to Oregon Health Authority for purposes of the task
force.
(12) All agencies of state government, as defined in ORS
174.111, are directed to assist the task force 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 task force consider necessary to perform their
duties. + }
SECTION 2. ORS 442.550 is amended to read:
442.550. As used in ORS 442.550 to 442.570:
(1) 'Barriers to accessing health care' means being enrolled in
Medicare or the state medical assistance program or not having
health insurance coverage.
(2) 'Dentist' means any person licensed to practice dentistry
under ORS chapter 679.
(3) 'Naturopathic physician' means any person who holds a
degree of Doctor of Naturopathic Medicine and who is licensed to
practice medicine under ORS chapter 685.
(4) 'Nurse practitioner' means any person licensed under ORS
678.375.
(5) 'Pharmacist' means any person licensed as a pharmacist
under ORS chapter 689.
(6) 'Physician' means any person who holds a degree of Doctor
of Medicine or Doctor of Osteopathy and who is licensed to
practice medicine under ORS chapter 677.
(7) 'Physician assistant' means any person licensed under ORS
677.495 and 677.505 to 677.525.
(8) 'Qualifying loan' means any loan made to a student of
naturopathic medicine, medical student, physician assistant
student, dental student, pharmacy student or nursing student
under:
(a) Common School Fund loan program under ORS 348.040 to
348.090;
(b) Programs under Title IV parts B, D and E, of the Higher
Education Act of 1965, as amended; and
(c) The Health Professions Student Loan, Nursing Student Loan,
Health Education Assistance Loan and Primary Care Loan programs
administered by the United States Department of Health and Human
Services.
(9) 'Qualifying practice site' means:
(a) A rural hospital as defined in ORS 442.470;
(b) A rural health clinic as defined in 42 U.S.C.
1395x(aa)(2);
(c) A pharmacy that is located in a medically underserved rural
community in Oregon or a federally designated health professional
shortage area and that is not part of a group of six or more
pharmacies under common ownership;
(d) Another practice site in a medically underserved rural
community in Oregon; or
(e) An urban practice site at which the practitioner applying
for or receiving loan repayments under ORS 442.550 to 442.570
attests a willingness to serve patients with barriers to
accessing health care in at least the same proportion to the
practitioner's total number of patients as the number of
individuals with barriers to accessing health care residing in
the county where the practice site is located, as determined by
the { - Office of Rural Health - } { + Oregon Health
Authority + }, represents to the total number of residents in the
county.
SECTION 3. ORS 442.555 is amended to read:
442.555. (1) There is created { + in the Oregon Health
Authority + } the Primary Care Services Program, to be
administered by the
{ - Office of Rural Health - } { + authority or by a third
party contracting with the authority + }, pursuant to rules
adopted by the { - office - } { + authority + }. The purpose
of the program is to provide loan repayments on behalf of
naturopathic physicians, physicians, physician assistants,
dentists, pharmacists and nurse practitioners who agree to
practice in a qualifying practice site.
(2) To be eligible to participate in the program, a prospective
naturopathic physician, physician, physician assistant, dentist,
pharmacist or nurse practitioner shall submit an application to
the { - office - } { + authority + }. Applicants who are
selected for participation according to criteria adopted by the
{ - office - } { + authority + } shall sign a primary care
service agreement stipulating that the applicant agrees to abide
by the terms stated in ORS 442.560.
(3) Subject to available resources, the { - office - } { +
authority + } may enter into primary care service agreements with
prospective naturopathic physicians, physicians, physician
assistants, dentists, pharmacists and nurse practitioners. The
{ - office - } { + authority + } may give preference to
prospective naturopathic physicians, physicians, physician
assistants, dentists, pharmacists and nurse practitioners who
agree to practice in a qualifying practice site or a community
that has contributed funds to the Primary Care Services Fund.
(4) The { - office - } { + authority + } shall adopt
criteria to be applied to determine medically underserved rural
communities and qualifying practice sites for purposes of ORS
442.550 to 442.570 and for the purposes of compliance with 42
U.S.C. 1395x(aa)(2), defining rural health clinics.
(5) A qualifying practice site shall submit an application to
the { - office - } { + authority + } to request a designation
as a qualifying practice site. The { - office - } { +
authority + } shall make a list of qualifying practice sites
available to prospective naturopathic physicians, physicians,
physician assistants, dentists, pharmacists and nurse
practitioners.
SECTION 4. ORS 442.560 is amended to read:
442.560. (1) Prospective naturopathic physicians, physicians,
physician assistants, dentists, pharmacists and nurse
practitioners who wish to participate in the Primary Care
Services Program shall agree to practice in a qualifying practice
site in Oregon for at least three full years following completion
of any residency requirements or the execution of the primary
care service agreement, whichever comes later.
(2) For not less than three and not more than six years, the
{ - Office of Rural Health - } { + Oregon Health
Authority + } shall annually pay each participant in the Primary
Care Services Program an amount equal to one-third of the
outstanding balances on qualifying loans made to the participant
up to { - a maximum of $25,000 each year - } { + an annual
maximum to be established by the authority by rule + }. To the
greatest extent practicable, 75 percent of the moneys available
for the program shall be paid to participants practicing in rural
areas and 25 percent of the moneys available for the program
shall be paid to participants practicing in urban areas.
(3) If the participant does not complete the full service
obligation under subsection (1) of this section, the participant
shall be liable for the amount of all payments made under
subsection (2) of this section and any penalty assessed according
to criteria adopted by the { - office - } { + authority + }.
Any amounts determined to be due under this section shall be
collected by the Collections Unit in the Department of Revenue
under ORS 293.250.
(4) The { - office - } { + authority + } shall adopt
criteria for waiver of all or part of the fees and penalties owed
to the { - office - } { + authority + } due to circumstances
that prevent the participant from fulfilling the service
obligation.
SECTION 5. ORS 442.570 is amended to read:
442.570. { - (1) - } There is established in the State
Treasury a fund, separate and distinct from the General Fund, to
be known as the Primary Care Services Fund. Moneys in the Primary
Care Services Fund are continuously appropriated to the Oregon
Department of Administrative Services for allocation to the
Office of Rural Health for investments as provided by ORS 293.701
to 293.820, for expenses and payments by the office in carrying
out the purposes of ORS 315.613, 315.616, 315.619, 353.450,
442.470, 442.503 { + , + } { - and 442.550 to 442.570 - } { +
442.561, 442.562, 442.563, 442.564, 442.566 and 442.568 + }.
Interest earned by the fund shall be credited to the fund.
{ - (2) The office shall seek matching funds from the federal
government and from communities that benefit from placement of
participants under ORS 442.550 to 442.570. The office shall
establish a program to enroll interested communities in this
program and deposit moneys from the matching funds and from the
Primary Care Services Program in the Primary Care Services Fund.
In addition, the office shall explore other funding sources
including federal grant programs. - }
SECTION 6. { + The amendments to ORS 442.550, 442.555, 442.560
and 442.570 by sections 2 to 5 of this 2013 Act become operative
July 1, 2013. + }
SECTION 7. { + (1) The duties, functions and powers of the
Office of Rural Health relating to the Primary Care Services
Program are imposed upon, transferred to and vested in the Oregon
Health Authority on the operative date specified in section 6 of
this 2013 Act.
(2) The office shall deliver to the authority all records and
property within the jurisdiction of the office that relate to the
duties of administering the Primary Care Services Program.
(3) The transfer of the Primary Care Services Program to the
authority does not affect any action, proceeding or prosecution
involving or with respect to the program begun before and pending
at the time of the transfer, except that the authority is
substituted for the Office of Rural Health in the action,
proceeding or prosecution.
(4) Nothing in the transfer of the Primary Care Services
Program from the office to the authority relieves a person of a
liability, duty or obligation accruing under or with respect to
the program. The authority may undertake the collection or
enforcement of any such liability, duty or obligation.
(5) The rights and obligations of the office legally incurred
under contracts, leases and business transactions executed,
entered into or begun before the operative date specified in
section 6 of this 2013 Act accruing under or with respect to the
Primary Care Services Program are transferred to the authority.
For the purpose of succession to these rights and obligations,
the authority is a continuation of the office and not a new
entity. + }
SECTION 8. { + Section 1 of this 2013 Act is repealed on the
date of the convening of the 2014 regular session of the
Legislative Assembly as specified in ORS 171.010. + }
SECTION 9. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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