Bill Text: OR SB608 | 2011 | Regular Session | Amended

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

---

Bill Title: Relating to subsidy program for medical professional liability insurance premiums paid by rural health practitioners; appropriating money; and declaring an emergency.

Sponsorship: Committee Bill

Status: (Passed) 2011-06-30 - Effective date, June 28, 2011. [SB608 Detail]

Download: Oregon-2011-SB608-Amended.html

---

     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

SA to SB 608

LC 3317/SB 608-4

                      SENATE AMENDMENTS TO
                         SENATE BILL 608

                    By COMMITTEE ON JUDICIARY

                            April 29

  On page 1 of the printed bill, delete lines 5 through 28.
  On page 2, delete lines 1 through 42 and insert:
  '  { +  SECTION 1. + }  { + (1) As used in this section:
  ' (a) 'Medical assistance' has the meaning given that term in
ORS 414.025.
  ' (b) 'Medicare' means medical coverage provided under Title
XVIII of the Social Security Act.
  ' (c)(A) 'Practitioner' means a physician licensed under ORS
chapter 677 or a nurse practitioner certified under ORS 678.375
who has a rural practice that meets criteria established by the
Office of Rural Health that applied as of January 1, 2004, for
the purposes of ORS 315.613.
  ' (B) 'Practitioner' does not include a physician or nurse
practitioner who is located in an urbanized area of Jackson
County, as defined by the United States Census Bureau according
to the most recent federal decennial census taken pursuant to the
authority of the United States Department of Commerce under 13
U.S.C. 141(a), unless the practitioner is:
  ' (i) A physician who specializes in obstetrics or who
specializes in family or general practice and provides
obstetrical services; or
  ' (ii) A nurse practitioner who is certified for obstetric
care.
  ' (2) The Oregon Health Authority shall establish a program to
provide payments to medical professional liability insurance
insurers to subsidize the cost of premiums charged by the
insurers to practitioners described in subsection (3) of this
section.
  ' (3) A practitioner is eligible for a subsidy under this
section if the practitioner:
  ' (a) Holds an active, unrestricted license or certification;
  ' (b) Is covered by a medical professional liability insurance
policy issued by an authorized insurer with minimum limits of
coverage of $1 million per occurrence and $1 million annual
aggregate; and
  ' (c) Except for a nurse practitioner participating in the
program who is employed by a licensed physician, is willing to
serve patients with Medicare coverage and patients receiving
medical assistance in at least the same proportion to the
practitioner's total number of patients as the Medicare and
medical assistance populations represent of the total number of
individuals determined by the Office of Rural Health to be in
need of care in the areas served by the practice.
  ' (4) A practitioner whose medical professional liability
insurance coverage is provided through a health care facility, as
defined in ORS 442.400, and who otherwise meets the requirements
of subsection (3) of this section is eligible for a subsidy if
the office determines that the practitioner:
  ' (a) Is not an employee of the health care facility;

  ' (b) Is covered by a medical professional liability insurance
policy that names the practitioner and separately calculates the
premium for the practitioner; and
  ' (c) Fully reimburses the health care facility for the premium
calculated for the practitioner.
  ' (5) The Oregon Health Authority shall contract with the
Office of Rural Health to establish by rule criteria and
procedures for an annual attestation by participating
practitioners of compliance with the requirements of subsection
(3)(c) of this section. + }
  '  { +  SECTION 2. + }  { + (1)(a) The amount of the subsidy
paid by the Oregon Health Authority under section 1 of this 2011
Act shall be a percentage of the actual premium charged for
medical professional liability insurance with limits of coverage
of $1 million per occurrence and up to $3 million annual
aggregate.  However, the premium subsidy for a practitioner
referred to in paragraph (b)(C) or (D) of this subsection shall
be the lesser of the percentage of the premium due or paid for
the current calendar year and the premium paid in the previous
calendar year. When determining the lesser amount under this
paragraph, any step increases in the premium owing to the
claims-made nature of the policy may not be considered.
  ' (b) The subsidy paid by the Oregon Health Authority under
section 1 of this 2011 Act shall be:
  ' (A) Eighty percent for physicians specializing in obstetrics
and nurse practitioners certified for obstetric care;
  ' (B) Sixty percent for physicians specializing in family or
general practice who provide obstetrical services;
  ' (C) Forty percent for physicians and nurse practitioners
engaging in one or more of the following practices:
  ' (i) Family practice without obstetrical services;
  ' (ii) General practice without obstetrical services;
  ' (iii) Internal medicine;
  ' (iv) Geriatrics;
  ' (v) Pulmonary medicine;
  ' (vi) Pediatrics;
  ' (vii) General surgery; and
  ' (viii) Anesthesiology; and
  ' (D) Fifteen percent for physicians and nurse practitioners
other than those included in subparagraphs (A) to (C) of this
paragraph.
  ' (2) If the funds available for the subsidy program are
insufficient to provide the maximum premium subsidy for all
practitioners who qualify for the program, the authority shall
reduce or eliminate subsidies for practitioners described in
subsection (1)(b)(D) of this section. If, after eliminating
subsidies for practitioners described in subsection (1)(b)(D) of
this section, the funds are insufficient to provide the maximum
premium subsidies for the remaining practitioners, the authority
shall also reduce or eliminate the subsidies for practitioners
described in subsection (1)(b)(C) of this section.
  ' (3) An insurer shall reduce the premium charged to a
practitioner by the amount of any premium subsidy paid or to be
paid under this section and section 1 of this 2011 Act. + } ' .
  On page 3, delete lines 10 through 13 and insert:
  '  { +  SECTION 4. + }  { + (1) Sections 1 and 2 of this 2011
Act become operative on January 1, 2012.
  ' (2) The Oregon Health Authority and the Office of Rural
Health may take any actions on or after the effective date of
this 2011 Act that are necessary to carry out the provisions of
sections 1 and 2 of this 2011 Act on January 1, 2012. + } ' .
  In line 15, after 'issued' insert ', in force'.
  In line 22, after 'developing' delete the rest of the line and
insert ', implementing and administering the'.
                         ----------