Bill Text: OR SB93 | 2011 | Regular Session | Engrossed

---

Bill Title: Relating to medical expenses of individuals in custody of law enforcement; declaring an emergency.

Sponsorship: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB93 Detail]

Download: Oregon-2011-SB93-Engrossed.html

---

     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 816

                           A-Engrossed

                         Senate Bill 93
                 Ordered by the Senate April 13
           Including Senate Amendments dated April 13

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor John A. Kitzhaber
  for Oregon Health Authority)

                             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.

  For charges and expenses of injuries related to law enforcement
activity, requires provider first to bill and attempt to collect
charges and expenses from individual, individual's insurance and
responsible third party payer before billing Law Enforcement
Medical Liability Account or local correctional facility.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to medical expenses of individuals in custody of law
  enforcement; amending ORS 169.155, 169.166, 414.805 and
  414.807; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 169.155 is amended to read:
  169.155. As used in ORS 169.166 and this section:
  (1) 'Local correctional facility' includes lockups and
temporary hold facilities.
  (2) 'Reasonable efforts to collect the charges and expenses'
means that the provider has billed the individual to whom the
 { - emergency - }  medical services were provided   { - or the
insurer or health care service contractor of the individual
before seeking to collect from the keeper of the local
correctional facility - }  { +  and any responsible third party
payer + }.
   { +  (3) 'Responsible third party payer' means:
  (a) The individual's insurance.
  (b) The individual's health benefit plan.
  (c) The individual's estate or any person financially
responsible for the individual. + }
  SECTION 2. ORS 169.166 is amended to read:
  169.166. Notwithstanding ORS 169.140 and 169.150 and except as
otherwise provided in ORS 414.805 and 414.807:
  (1) An individual who receives medical services not provided by
the county or city while in the custody of a local correctional
facility or juvenile detention facility is liable:
  (a) To the provider of the medical services not provided by the
county or city for the charges and expenses therefor; and
  (b) To the keeper of the local correctional facility for any
charges or expenses paid by the keeper of the facility for the
medical services not provided by the county or city.
  (2) A person providing medical services not provided by the
county or city to an individual described in subsection (1)
 { - (a) - } of this section shall first make reasonable efforts
to collect the charges and expenses   { - thereof from the
individual - }  before seeking to collect   { - them - }  { +
the charges and expenses + } from the keeper of the local
correctional facility.
  (3)(a) Except as otherwise provided in subsection (4) of this
section, if the provider has not been paid within 45 days of the
date of the billing, the provider may bill the keeper of the
local correctional facility who shall pay the account in
accordance with ORS 169.140 and 169.150.
  (b) A bill submitted to the keeper of a local correctional
facility under this subsection must be accompanied by evidence
documenting that  { - : - }
    { - (A) The provider has billed the individual or the
individual's insurer or health care service contractor for the
charges or expenses owed to the provider; and - }
    { - (B) The provider has made a reasonable effort to collect
from the individual or the individual's insurer or health care
service contractor - }  { +  the provider has made reasonable
efforts to collect + } the charges and expenses owed to the
provider.
  (c) If the provider receives payment from the individual or
  { - the insurer or health care service contractor - }  { +  a
responsible third party payer + } after receiving payment from
the keeper of the facility, the provider shall repay the keeper
the amount received from the keeper less any difference between
payment received from the individual  { - , insurer or
contractor - }  { +  or responsible third party payer + } and the
amount of the billing.
  (4) Except as otherwise provided by ORS 30.260 to 30.300 and
federal civil rights laws, upon release of the individual from
the actual physical custody of the local correctional facility,
the keeper of the local correctional facility is not liable for
the payment of charges and expenses for medical services provided
to the individual.
  SECTION 3. ORS 414.805 is amended to read:
  414.805. (1) An individual who receives medical services while
in the custody of a law enforcement officer is liable:
  (a) To the provider of the medical services for the charges and
expenses therefor; and
  (b) To the Oregon Health Authority for any charges or expenses
paid by the authority out of the Law Enforcement Medical
Liability Account for the medical services.
  (2) A person providing medical services to an individual
described in subsection (1)  { - (a) - }  of this section shall
first make reasonable efforts to collect the charges and expenses
 { - thereof from the individual - }  before seeking to collect
 { - them - }   { + the charges and expenses + } from the
authority out of the Law Enforcement Medical Liability Account.
  (3)(a) If the provider has not been paid within 45 days of the
date of the billing, the provider may bill the authority who
shall pay the account out of the Law Enforcement Medical
Liability Account.
  (b) A bill submitted to the authority under this subsection
must be accompanied by evidence documenting that  { - : - }
    { - (A) The provider has billed the individual or the
individual's insurer or health care service contractor for the
charges or expenses owed to the provider; and - }

    { - (B) - }  the provider has made   { - a - }  reasonable
 { - effort - }  { +  efforts + } to collect   { - from the
individual or the individual's insurer or health care service
contractor - }  the charges and expenses owed to the provider.
  (c) If the provider receives payment from the individual or
  { - the insurer or health care service contractor - }  { +  a
responsible third party payer + } after receiving payment from
the authority, the provider shall repay the authority the amount
received from the
  { - public agency - }  { +  authority + } less any difference
between payment received from the individual  { - , insurer or
contractor - }  { +  or responsible third party payer + } and the
amount of the billing.
  (4) As used in this section { +  and ORS 414.807 + }:
  (a) 'Law enforcement officer' means an officer who is
commissioned and employed by a public agency as a peace officer
to enforce the criminal laws of this state or laws or ordinances
of a public agency.
  (b) 'Public agency' means the state, a city, port, school
district, mass transit district or county.
   { +  (c) 'Reasonable efforts to collect the charges and
expenses' means that the provider has billed the individual to
whom the medical services were provided and any responsible third
party payer.
  (d) 'Responsible third party payer' means:
  (A) The individual's insurance.
  (B) The individual's health benefit plan.
  (C) The individual's estate or any person financially
responsible for the individual. + }
  SECTION 4. ORS 414.807 is amended to read:
  414.807. (1)(a) When charges and expenses are incurred for
medical services provided to an individual for injuries related
to law enforcement activity and subject to the availability of
funds in the account, the cost of such services shall be paid by
the Oregon Health Authority out of the Law Enforcement Medical
Liability Account established in ORS 414.815 if the provider of
the medical services has made   { - all - }  reasonable efforts
to collect the   { - amount - }  { +  charges and expenses + },
or any part thereof  { - , from the individual who received the
services - } .
  (b) When a law enforcement  { + officer or the public
 + }agency  { + that commissions and employs the law enforcement
officer + } involved with an injury certifies that the injury is
related to law enforcement activity, the Oregon Health Authority
shall pay the provider:
  (A) If the provider is a hospital, in accordance with current
fee schedules established by the Director of the Department of
Consumer and Business Services for purposes of workers'
compensation under ORS 656.248; or
  (B) If the provider is other than a hospital, 75 percent of the
customary and usual rates for the services.
  (2) After the injured   { - person - }   { + individual + } is
incarcerated and throughout the period of incarceration { +  in a
local correctional facility or a juvenile detention facility + },
the Oregon Health Authority shall continue to pay, out of the Law
Enforcement Medical Liability Account, charges and expenses for
injuries related to law enforcement activities as provided in
subsection (1) of this section. Upon release of the injured
 { - person - }  { + individual + } from actual physical custody,
the Law Enforcement Medical Liability Account is no longer liable
for the payment of medical expenses of the injured
 { - person - }  { +  individual + }.
  (3) If the provider of medical services has filed a medical
services lien as provided in ORS 87.555, the Oregon Health
Authority shall be subrogated to the rights of the provider to
the extent of payments made by the authority to the provider for
the medical services. The authority may foreclose the lien as
provided in ORS 87.585.
  (4) The authority shall deposit in the Law Enforcement Medical
Liability Account all moneys received by the authority from:
  (a) Providers of medical services as repayment;
  (b) Individuals whose medical expenses were paid by the
authority under this section; and
  (c) Foreclosure of a lien as provided in subsection (3) of this
section.
  (5) As used in this section { + , + }  { - : - }
    { - (a) - }  'injuries related to law enforcement activity'
means injuries sustained prior to booking, citation in lieu of
arrest or release instead of booking that occur during and as a
result of efforts by a law enforcement officer to restrain or
detain, or to take or retain custody of, the individual.
    { - (b) 'Law enforcement officer' has the meaning given that
term in ORS 414.805. - }
  SECTION 5.  { + 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. + }
                         ----------