This session saw a big focus on mental and public health. While CCOs and Early Learning Hubs continued to have new legislation introduced, things on those fronts have calmed down quite substantially from previous years. This session also saw some important investments in health and human services.
While AOC started out the session with a plan for a bill to expand partnerships between public safety and mental health, at the request of President Courtney’s office, we ended up working primarily through the budget process. While the $50 million figure initially discussed internally for sequential intercept, an additional $28 million was allocated for community mental health programs, in addition to the roll up of funds from 13-15 biennium. The funds are allocated as follows: $7.0 million for crisis service, including mobile crisis services; $6.5 million for jail diversion; $7.0 million for supported housing (rental assistance) and peer-delivered services; and $1.5 million to expand the Oregon Psychiatric Access Line for Kids (OPAL-K); and $6.0 million for addictions treatment and recovery support, including increased capacity for detoxification/withdrawal management, sobering facilities and peer delivered services.
Public health was the other hot human services topic this session, with the Public Health Modernization bill that came out of the Task Force on the Future of Public Health. With Commissioner Tammy Baney (Deschutes County) chairing the Task Force, AOC and CLHO (Coalition of Local Health Officials) closely followed the development of the group’s recommendations and worked to ensure the bill was as closely aligned as possible with said recommendations. In the interim there will be a great deal of planning work between the agency and counties to determine how local public health authorities will be structured (i.e. what services will be shared between which counties) moving forward.
We also saw some powerful progress in the area of tobacco use/prevention, with a large focus on electronic cigarettes. CLHO successfully led the campaign to ban sales to minors and to include e-cigarettes in the Indoor Clean Air Act. Efforts were also made to tax e-cigs and to require licenses for tobacco retailers, neither of which passed. Both of these remain options for local governments however.
Addictions & Mental Health
Bills That Passed
HB 2307 Conversion Therapy
Effective date: May 18, 2015 Chapter 79 (2015 Laws)
Prohibits mental health care professionals and social health professionals from practicing conversion therapy if recipient of conversion therapy is under 18 years of age.
HB 2023 Discharge Planning
Effective date: January 1, 2016 Chapter: 466 (2015 Laws)
Specifies requirements for hospital policies for discharge planning involving patient who is
hospitalized for mental health treatment.
HB 2306 Prescription Drug Access
Effective date: June 18, 2015 Chapter: 467 (2015 Laws)
Authorizes Oregon Health Authority to limit providers from which medical assistance recipient may obtain prescription drugs if recipient meets specified criteria.
HB 2368 Conflicts of Health Care Instructions
Effective date: January 1, 2016 Chapter: 82 (2015 Laws)
Provides that if person has both valid health care instruction, or valid power of attorney for health care, and declaration for mental health treatment, that inconsistencies in documents are governed by declaration for mental health treatment.
HB 2420 Consultation with Community Mental Health Prior to Referral to State
Effective date: January 1, 2016 Chapter: 130 (2015 Laws)
Before referring an individual to the State Hospital, a court shall order that a community mental health program director or the director’s designee consult with the defendant to determine whether services and supervision necessary to safely restore the defendant’s fitness to proceed are available in the community. After the consultation, the program director or the director’s designee shall provide to the court a copy of the findings resulting from the consultation. The Oregon Health Authority shall establish by rule standards for the consultation
HB 2936 Sobering Centers
Effective date: July 20, 2015 Chapter: 730 (2015 Laws)
Extends criminal and civil immunity to sobering facility and staff, registered with Oregon Health Authority (OHA) before January 1, 2016 for acting on probable cause in good faith without malice. Extends criminal and civil immunity to sobering facility and staff registered with OHA on or after January 1, 2016 for acting on probable cause in good faith without gross negligence. Defines sobering facility as one that: provides acutely intoxicated persons with safe, clean, supervised environment until sobriety improves; affiliates with OHA-approved addictions treatment program or provider; adopts comprehensive written policies and procedures incorporating best practices for safety of intoxicated persons, employees and volunteers; and is registered with OHA. Requires OHA to establish registry of sobering facilities. Permits OHA to register only facilities in operation when Act becomes effective and has submitted written request to OHA by December 31, 2015. Permits OHA to accept written requests from new sobering facilities after January 1, 2016, but prohibits registering more than three. Requires OHA to report on sobering facilities each regular legislative session beginning with 2017. Requires affiliated providers to enter into written agreement to consult, train. advise and make referrals. Allows for discharge of person who is danger to self or others within first 24 hours of admission. Prohibits disclosure of records without consent. Allows law enforcement to transport intoxicated person to sobering facility.
HB 3132 Conduit Bonding
Effective date: January 1, 2016 Chapter: 220 (2015 Laws)
Expands definition of “hospital facility” to include behavioral treatment facilities and family safety facilities in regard to local public authorities created to finance hospital facilities. Allows the county to issue tax-exempt bonds for an organization seeking to build a mental health treatment facility as long as the facility has a residential component of 72-hour minimum stay to a 12-month maximum. Bill came from Multnomah County.
HB 3168 Waiving of Criminal Fines
Effective date: January 1, 2016 Chapter 186 (2015 Laws)
Authorizes court to waive unpaid portion of previously imposed criminal fine if defendant demonstrates financial hardship that prevents completion of alcohol or drug treatment program.
HB 3347 Civil Commitment Definitions
Effective date: January 1, 2016 Chapter: 433 (2015 Laws)
Modifies definition of “person with mental illness” as used in civil commitment statutes. Expands person with mental illness definition to include “unable to provide for basic personal needs that are necessary to avoid serious physical harm in the near future, and is not receiving such care as is necessary to avoid such harm” language.
SB 227 Brain Trauma Registry
Effective date: January 1, 2016. Chapter: 286 (2015 Laws)
Authorizes establishment, from information maintained in Oregon Trauma Registry, of registry of information related to brain injury trauma.
SB 229 Compensation for Advisory Council Members
Effective date: June 8, 2015 Chapter: 287 (2015 Laws)
Requires members of Consumer Advisory Council who advise Director of Oregon Health Authority on provision of mental health services to be compensated by Oregon Health Authority for performing duties of council.
SB 465 Local Authority for Civil Commitments
Effective date: July 27, 2015 Chapter: 785 (2015 Laws)
Replaces “county” with “community mental health program” and “community mental health program director” throughout statutes governing process to initiate commitment of persons with mental illness to align responsibility for payment of associated costs. Accounts for possibility of public or private entity under contract with Oregon Health Authority to provide mental health programs. Establishes that community mental health program is responsible for cost when state funds provided to community mental health program are exhausted. This bill came from Douglas County to address their situation.
SB 561 Youth suicide reporting – Chapter 296, 2015 Laws.
Effective date: June 8, 2015 Chapter: 296 (2015 Laws)
Directs Oregon Health Authority to develop plan for communication among local mental health authorities and systems to improve notifications and information-sharing when death suspected to be suicide involves individual 24 years of age or younger.
SB 832 Integration of Care
Effective date: July 27, 2015 Chapter: 798 (2015 Laws)
Establishes behavioral health homes to be used by coordinated care organizations (CCOs). Requires Oregon Health Authority (OHA) set standards for achieving integration of behavioral and physical health services in patient-centered primary care homes and behavioral health homes via rulemaking. Permits use of applicable billing codes by providers in patient-centered primary care homes and behavioral health homes. Creates necessary definitions, including “integrated behavioral health care” and “behavioral health home.”
SB 840 “Hold” Authority
Effective date: June 16, 2015 Chapter: 461 (2015 Laws)
Authorizes licensed independent practitioner to initiate or approve prehearing detention in hospital or nonhospital facility of person who is subject of civil commitment proceedings.
SB 951 Alcohol and Drug Policy Commission
Effective date: January 1, 2016 Chapter: 405 (2015 Laws)
Modifies charge, size, composition, and duties of Alcohol and Drug Policy Commission. Makes composition discretionary. Removes ex officio members. Permits Commission to appoint nonmembers to subcommittees. Removes requirement and functions of budget advisory committee. Requires Commission make specific recommendations as part of its long-term strategic plan.
SJM 4 42 C. F.R. Part 2
Urges Congress to enact legislation to update 42 C.F.R. part 2 to allow health care providers for same patient to share treatment information while maintaining appropriate levels of confidentiality and protections against disclosure.
Bills That Did Not Pass
HB 2135 & SB 12 Alcohol Tax Preemption
Would have removed prohibition against local government enactment of taxes on alcoholic beverages.
HB 2022 Provider Case Management Requirement
Would have required hospital or provider of residential treatment that discharges individual
with mental illness to provide case management services to assist individual in transitioning to outpatient mental health treatment.
HB 2297 Children’s Behavioral Health Task Force
Would have established Task Force to Build a More Effective System for Preventing Children’s Behavioral, Psychological and Health Problems. Rep. Greenlick’s bill. AOCMHP and AOC both wanted to see amendments. AOCMHP was going to work with requester of the bill and OHA to see necessary changes during rulemaking should the bill have passed.
HB 2421 Mental Health Drugs
Would have made mental health drugs subject to Practitioner-Managed Prescription Drug Plan.
HB 2825 Housing Funds
Would have allowed Oregon Health Authority to seek out and apply for funding for, and appropriates moneys from General Fund to pay for, residential care for individuals with mental illness, addictions or co-occurring disorders. AOC supported, but did not work.
HB 3249 Court Civil Commitment Authority
Would have authorized court to initiate civil commitment proceedings if person is unable or refuses to comply with order of assisted outpatient treatment.
HB 3502 Outpatient Placement
Would have made various changes to statutes related to treatment of individuals who are found by court to have mental illness and to be in need of treatment. Would have required placement in the least restrictive setting within seven days. Would have required reporting to hospitals on number of patients deemed to have mental illness and information about vacancies at state hospital.
HB 3477 CCO Mental Health Contract Pilots
Would have required the Oregon Health Authority to operate pilot projects in no fewer than six counties to test effectiveness of having coordinated care organizations contract with mental health providers to provide mental health services.
SB 661 Opioid Drug Coverage
Would have required health benefit plan that covers opioid analgesic drug products to cover abuse-deterrent opioid analgesic drug products, at no greater cost to insured than other preferred drugs under plan, and specifies other requirements regarding coverage.
SB 736 Juvenile Mental Health Status Report
Would have directed Department of Human Services to submit report to interim legislative committees regarding status of juvenile mental health treatment in Oregon no later than July 1, 2016.
SB 739 Department of Corrections Mental Health Care
Would have established standards of care for Department of Corrections inmates with serious mental illness.
SB 758 Task Force on Students with Intensive Behavioral Needs
Would have established Task Force on Students with Intensive Behavioral Needs.
SB 780 Department of Corrections Pilot Project for Veterans With PTSD
Would have directed Department of Corrections to establish pilot program for mental health treatment for inmates engaged in intensive alternative incarceration addiction program who are service members and who have been diagnosed with post-traumatic stress disorder.
SB 787 Behavioral Health Task Force
Would have established a Task Force on Mental Health Care and Treatment to develop detailed changes to statewide system of mental health care and treatment.
SB 831 CCO Mental Health Contracts
Would have required coordinated care organization to employ or contract with clinical mental health professionals to provide mental health care and treatment to members of organization.
SB 834 Behavioral Health Task Force
Would have established Task Force on Effective Mental Health Treatment for purpose of studying effectiveness of mental health treatment available in Oregon.
Bills That Passed
HB 5039 Tobacco Master Settlement Agreement Funds
Effective date: August 12, 2015 Chapter: 816 (2015 Laws)
The Subcommittee approved the following allocations from the Tobacco Settlement Funds Account:
$30,909,888 is allocated to the DAS, Oregon Health and Science University Bond Fund to pay debt service and administrative fees on the Oregon Opportunity Bonds
$4,120,000 is allocated to the Department of Education for physical education related grants authorized by ORS 329.501
$4,120,000 is allocated to the Oregon Health Authority for tobacco prevention and cessation programs
$16,000,000 is allocated to the Oregon Health Authority for community mental health programs
$101,760,000 is allocated to the Oregon Health Authority for the Oregon Health Plan
Funds were initially pulled from tobacco prevention to back-fill Medicaid. AOC and CLHO advocated for funds to be restored.
HB 2546 E-cigarette Regulation
Effective date: May 26, 2015 Chapter: 158 (2015 Laws)
Defines “inhalant delivery system.” Amends laws concerning sale of tobacco products to, and use of tobacco products by, minors so those laws equally apply to inhalant delivery systems.
Provides for further regulation of inhalant delivery systems. Expands scope of offense of endangering welfare of a minor from knowingly causing sale of tobacco products to minors to knowingly allowing sale of tobacco products to minors and adds distribution and sale of inhalant delivery systems. For purposes of Oregon Indoor Clean Air Act, defines “inhalant.” Makes prohibitions of Oregon Indoor Clean Air Act apply to inhalants. Makes certain other changes to Oregon Indoor Clean Air Act. Makes amendments to Oregon Indoor Clean Air Act operative on January 1, 2016. Repeals laws related to smoking in public that are duplicative or inconsistent with provisions of Oregon Indoor Clean Air Act.
HB 2837 Seatbelt Exemptions
Effective date: January 1, 2016 Chapter: 109 (2015 Laws)
Directs Director of Transportation to issue certificate of exemption from requirement to use child safety system, safety belt or safety harness if statement is submitted by nurse practitioner or physician assistant on behalf of person requesting exemption.
HB 2879 Pharmacists Prescribing Power
Effective date: July 6, 2015 Chapter: 649 (2015 Laws)
Permits pharmacists to prescribe hormonal contraceptive patches and self-administered oral hormonal contraceptives.
HB 2934 Exploration of Basic Health Plan – Chapter 256, 2015 Laws.
Effective date: June 4, 2015 Chapter: 256 (2015 Laws)
Directs Oregon Health Authority to convene a stakeholder workgroup to provide recommendations on operation of a basic health program. Specifies workgroup membership, when the first meeting shall occur and to develop recommendations to be reported to the interim health care committees no later than December 1, 2015. Section 1331 of the Patient Protection and Affordable Care Act (ACA) gives states the option to operate a Basic Health Program (BHP) to cover certain consumers with incomes up to 200 percent of the federal poverty level (FPL) through state contracting “standard health plans,” rather than Qualified Health Plans (QHPs) offered through the Health Insurance Marketplace.
HB 2969 Food Consumption at Smoke Shops
Effective date: May 12, 2015 Chapter: 51 (2015 Laws)
Allows on-premises consumption of food and non-alcoholic beverages at certified smoke shops as long as food and beverages are not sold or offered by the shop. Fix to regulations that technically made it illegal for employees to consume meals on the premises.
HB 3100 Public Health Modernization
Effective date: July 20, 2015 Chapter: 736 (2015 Laws)
Changes governmental framework for conducting public health activities in this state. Modifies responsibilities of local public health authorities. Determines process by which state shall establish foundational capabilities and programs for public health services. Result of Task Force on Future of Public Health, stemming from 2013 legislative session. Commissioner Baney chaired the Task Force. AOC and CLHO worked this bill extensively. Includes $500,000 for initial planning.
HB 3464 Dental Services for Pregnant Medicaid Recipients
Effective date: July 21, 2015 Chapter: 750 (2015 Laws)
Requires Oregon Health Authority to adopt rules prescribing time frames within which pregnant medical assistance recipient receives dental services.
SB 225 WIC Notifications – Chapter 269, 2015 Laws.
Effective date: June 4, 2015 Chapter: 269 (2015 Laws)
Removes requirement for agency to send individual notice to each affected recipient of supplemental nutrition assistance or Women, Infants and Children Program when suspension or closure of grant of assistance is caused by change in benefit or standard by federal government and change affects all or significant portion of recipients.
SB 478 Toxics Bill
Effective date: July 27, 2015 Chapter: 786 (2015 Laws)
Requires Oregon Health Authority to establish and maintain list of designated high priority chemicals of concern for children’s health used in children’s products and to periodically review and revise list.
SB 505 Flu vaccine for seniors
Effective date: January 1, 2016 Chapter: 496 (2015 Laws)
Requires, from October 1 through March 1 of each year, each hospital in this state to make offer to each patient of hospital who is 65 years of age or older to immunize patient against influenza virus.
SB 520 Vaccines by pharmacists
Effective date: June 8, 2015 Chapter: 295 (2015 Laws)
Permits pharmacists to administer vaccines to individuals at least seven years of age.
SB 660 Dental sealants
Effective date: July 27, 2015 Chapter: 791 (2015 Laws)
Directs Oregon Health Authority to promote oral health throughout this state by ensuring availability of dental sealant programs to students attending school in this state.
SB 705 Asbestos Testing
Effective date: June 25, 2015 Chapter: 583 (2015 Laws)
Directs Environmental Quality Commission to adopt rules requiring accredited inspector to perform asbestos survey for purpose of determining whether asbestos-containing materials are present at residence or residential building before demolition.
SB 895 Immunization Reporting
Effective date: July 27, 2015 Chapter: 802 (2015 Laws)
Requires each school and children’s facility report annually to Oregon Health Authority (OHA) on number of children in area served by school or facility who are in attendance conditionally because of incomplete immunization schedule. Requires each local health department make available to each school and children’s facility in area served data on immunization rate, by disease, of children in area. Allows OHA to assist local health departments in compiling data for specified data. Requires each school and children’s facility make available immunization data by disease at main office, online where possible, and through specified paper document or electronic communication. Specifies timeline for providing immunization data. Requires Superintendent of Public Instruction include in school district and school performance report information related to number of children served in district and number of children susceptible to restrictable disease.
Bills That Did Not Pass
HB 2074/HB 2134 E-cigarette Tax
Would have expanded definition of tobacco products for purpose of taxation to include electronic cigarettes and nicotine solution.
HB 2160/HB 2162/SB 14 Preemption of Local Tobacco Tax
Would have removed prohibition against local government imposition of taxes on cigarettes and tobacco products.
HB 2166/HB 2555/HB 3053 Cigarette Tax Increases
Would have increased rate of taxation on cigarettes and tobacco products.
SB 417/SB 663 Tobacco Retail Licensure
Would have required premises where person makes retail sales of tobacco products and inhalant delivery systems to be licensed by Oregon Liquor Control Commission.
HB 2304 Hospital Contribution to Public Health Funding
Would have required hospitals to expend 10 percent of community benefit funds on public health infrastructure.
HB 2583 Youth Tobacco Study
Would have directed Oregon Health Authority to conduct study of effects of tobacco and nicotine on individuals who are 19 to 21 years of age.
HB 2626 Bonding for School-Based Health Centers
Would have authorized State Treasurer to issue lottery bonds to finance grants from Department of Education to school districts to pay for acquisition, construction or improvement of school-based health centers.
HB 3076 Ground Water Analysis
Would have required Oregon Health Authority to analyze ground water contaminant data and provide education in problem areas.
HB 3309 Public Health and Public Vontracting
Would have required contracting agency, before advertising or soliciting procurement, to request Oregon Health Authority to conduct public health impact assessment on proposed procurement.
SB 336 School-Based Health Center Funding
Would have appropriated moneys from General Fund to Oregon Health Authority to establish parity in funding formula for school-based health centers, for planning and administration to develop new school-based health centers and for technical assistance contracts with nonprofit organization with expertise in school-based health centers.
SB 337 Additional School-Based Health Centers
Would have appropriated moneys from General Fund to Oregon Health Authority to establish 11 new school-based health centers.
SB 338 New School-Based Health Centers
Would have appropriated moneys from General Fund to Oregon Health Authority for planning and administration necessary to accommodate new school-based health centers.
SB 415 Flavored tobacco products
Would have prohibited distributing, selling or allowing to be sold flavored tobacco products in this state.
SB 416 Smoke shop certification
Would have required payment of fee for smoke shop certification, renewal of smoke shop certification, transfer of smoke shop certification and relocation of smoke shop.
SB 442 Immunizations
Would have directed Oregon Health Authority to adopt by rule schedule requiring submission of document to school administrator for purposes of declining immunization if document on record does not include signature of health care practitioner verifying that parent has reviewed risks and benefits of immunization or certificate verifying that parent has completed vaccine educational module.
SB 700 Farm Direct Nutrition Program
Appropriates moneys from General Fund to Oregon Health Authority for Senior Farm Direct Nutrition Program and Women, Infants and Children Farm Direct Nutrition Program.
SB 876 Pesticide database
Requires reporting certain information regarding commercial or governmental pesticide applications to Department of Environmental Quality or to state database designated by department.
Other OHA Bills
Bills That Passed
SB 5526 OHA Budget
Effective date: August 12, 2015 Chapter: 838 (2015 Laws)
Appropriates moneys from General Fund to Oregon Health Authority for certain biennial expenses. The Subcommittee approved a budget for the Oregon Health Authority of $2,112,752,661 General Fund, $11,292,564 Lottery Funds, $5,676,922,218 Other Funds, $11,403,953,113 Federal Funds, $143,500,000 Other Funds Nonlimited, and $106,653,023 Federal Funds Nonlimited, for a total funds budget of $19,455,073,579 and 4,377 positions (4,326.96 FTE). This is 9.2 percent General Fund and 9.9 percent total funds higher than the 2013-15 Legislatively Approved Budget. Total funds increased $1.75 billion over the 2013-15 level. This is largely a result of the expansion of health coverage under Medicaid to all persons under 138 percent of the federal poverty level, effective January 2014. Services for most of these new clients are currently being funded with 100 percent Federal Funds. The state will pay five percent of those costs starting January 1, 2017, for the last six months of the biennium.
DMAP: The Subcommittee approved a total funds budget of $13,685,020,625, including $1,101,730,078 General Fund, $1,890,979,987 Other Funds, $10,692,310,560 Federal Funds and 516 positions (507.35 FTE). The total funds budget is 14.6 percent higher than the 2013-15 Legislatively Approved Budget.
PEBB: The Subcommittee approved an Other Funds budget of $1,782,969,295 and 22 positions (21.50 FTE). This is a 9.7 percent increase over the 2013-15 legislatively approved funding level.
AMH: The Subcommittee approved budget for AMH is $1,174,055,369 total funds, including $783,464,530 General Fund, $11,292,564 Lottery Funds, $107,408,460 Other Funds, $271,889,815 Federal Funds, and 2,392 positions (2,384.47 FTE). This is a total funds increase of 13.5 percent and a General Fund increase of 14.0 percent compared to AMH’s 2013-15 Legislatively Approved Budget.
New mental health investments: The Subcommittee noted the recommended budget includes $44.0 million of state resources to fund the roll-up of all on-going program investments made in community mental health programs in 2013-15, and caseload increases and inflation included in the current service level. It also includes $8.7 million General Fund for caseload growth associated with the Spring 2015 caseload forecast. The budget includes new investments of $22.2 million in community mental health treatment services ($17.6 million General Fund and $4.6 million of tobacco tax resources). This includes approximately $7.0 million for crisis service, including mobile crisis services; $6.5 million for jail diversion; $7.0 million for supported housing (rental assistance) and peer-delivered services; and $1.5 million to expand the Oregon Psychiatric Access Line for Kids (OPAL-K). Some of these services may be provided through the Oregon Health Plan and through coordinated care organizations, in which case additional federal funding may be leveraged. Another $6.0 million General Fund is included in the budget for addictions treatment and recovery support, including increased capacity for detoxification/withdrawal management, sobering facilities, and peer delivered services. A total of $275,000 of this funding should be set aside for the Douglas County crisis center/sobering facility, to provide one-time support to get this program up and running. Another $500,000 is intended to be available for the Grants Pass sobering facility, to provide one-time support for start-up costs. As described above, additional federal funding may be leveraged.
Public Health: The Subcommittee approved a budget for Public Health of $600,612,201 total funds, including $39,953,457 General Fund, $164,612,028 Other Funds, $40,000,000 Other Funds Nonlimited, $253,317,665 Federal Funds, $102,729,051 Federal Funds Nonlimited and 721 positions (703.04 FTE). Total funds are 14.5 percent higher than the 2013-15 Legislatively Approved Budget, primarily the result of the transfer of the CAREAssist program from Medical Assistance Programs to Public Health. The General Fund budget is 0.7 percent lower than the 2013-15 level, partially because of lower program costs resulting from more Oregonians having insurance, and partially because of the use of excess medical marijuana revenues in lieu of General Fund.
The CCare budget was reduced to account for lower caseload as a result of more Oregonians having health insurance. General Fund was reduced by $1,275,000 and $1,525,000 of medical marijuana revenues expected to be left over at the end of 2013-15 was removed. Their final budget includes $1.65 million General Fund and $2.82 million Other Funds related to medical marijuana revenues, as well as federal matching revenues. This will fully fund their current caseload of about 3,000 enrollments per month.
HB 2028 Clinical Pharmacy
Effective date: June 11, 2015 Chapter: 362 (2015 Laws)
Directs the State Board of Pharmacy to adopt rules that permit pharmacists to engage in the practice of clinical pharmacy. Defines “clinical pharmacy agreement” and “practice of clinical pharmacy.” Permits health insurers to provide payment or reimbursement for services provided by the pharmacist through the practice of clinical pharmacy or pursuant to the statewide drug therapy management protocol. States that for this statute, a pharmacist is classified as a primary care provider. When authorized as part of a collaborative healthcare team, a pharmacist can provide patient care to include medication management, comprehensive medication review and post-diagnostic disease management services.
HB 2294 Health Information Technology
Effective date: June 4, 2015 Chapter: 243 (2015 Laws)
Requires Oregon Health Authority to establish Oregon Health Information Technology program.
HB 2466 Health Insurance Requirements
Effective date: June 22, 2015 Chapter: 515 (2015 Laws)
Aligns Oregon statutes with certain provisions the Affordable Care Act (ACA). Specifies which requirements apply to group plans, individual plans, grandfathered plans and transitional plans. Specifies that coordination of benefit requirements apply to all group plans. Adds provisions allowing exemptions from some requirements of the ACA for transitional health benefit plans and transitional grandfathered large employer health benefit plans. Permits transitional health benefit plans to be renewable on and after January 1, 2016.
HB 2551 Patient Confidentiality Reporting
Effective date: January 1, 2016 Chapter: 133 (2015 Laws)
Requires covered entities to report annually on system safeguards for protecting confidentiality of personally identifiable and protected health information.
HB 2638 Prescription Drug Program
Effective date: January 1, 2016 Chapter: 551 (2015 Laws)
Permits medical assistance recipients and coordinated care organizations to use Oregon Prescription Drug Program.
HB 2758 Health Information Sharing
Effective date: June 18, 2015 Chapter: 470 (2015 Laws)
Prohibits carrier or third party administrator from disclosing to persons, other than enrollee who receives health services, protected health information relating to services provided to enrollee.
HB 2828 Extension of Sunset
Effective date: January 1, 2016 Chapter: 725 (2015 Laws)
Extends, for two years, sunset of provisions requiring Oregon Health Authority to study and make recommendations to Legislative Assembly on best option for financing health care in this state.
HB 2948 Disclosure of Protected Health Information
Effective date: June 18, 2015 Chapter: 473 (2015 Laws)
Specifies additional conditions under which protected health information may be disclosed by health care provider that do not subject health care provider to civil liability.
HB 3139 Mobile Medical Clinics
Effective date: January 1, 2016 Chapter: 142 (2015 Laws)
Prohibits local government from preventing mobile medical clinic from locating to private property for not more than 180 days.
HB 3396 Incentives for Medically Underserved Areas
Effective date: October 5, 2015 Chapter: 829 (2015 Laws)
Requires Oregon Health Policy Board to study and evaluate effectiveness of existing financial incentive programs offered in this state and address new types of programs to recruit and retain health care providers to practice in rural and medically underserved areas.
SB 1 Cover Oregon Dissolution
Effective date: March 6, 2015 Chapter: 3 (2015 Laws)
Abolishes Oregon Health Insurance Exchange Corporation and board of directors of corporation and transfers powers, rights, obligations, liabilities, functions and duties to Department of Consumer and Business Services.
SB 230 Demographic Reporting
Effective date: June 11, 2015 Chapter: 380 (2015 Laws)
Makes law requiring certain health care workers to submit demographic, education and other information to health care worker regulatory boards apply to all health care workers.
SB 231 PEBB/OEBB Reporting
Effective date: June 25, 2015 Chapter: 575 (2015 Laws)
Requires certain carriers, Public Employees’ Benefit Board and Oregon Educators Benefit Board to report to Department of Consumer and Business Services proportion of carrier’s and board’s total medical expenses allocated to primary care.
SB 233 Suspension of Medicaid for DOC Inmates
Effective date: August 12, 2015 Chapter: 836 (2015 Laws)
Requires Department of Human Services and Oregon Health Authority to suspend, instead of terminate, medical assistance for person who is expected to remain in correctional facility for more than 12 months.
SB 440 Health Quality Metrics
Effective date: June 11, 2015 Chapter: 389 (2015 Laws)
Requires Oregon Health Policy Board to develop strategic plan for collection and use of health care data and to establish Health Plan Quality Metrics Committee, appointed by Governor, to develop health outcome and quality measures for coordinated care organizations and plans offered by Public Employees’ Benefit Board and Oregon Educators Benefit Board and publish data.
SB 648 Central Oregon Health Council
Effective date: January 1, 2016 Chapter: 359 (2015 Laws)
Expands the duties of the Central Oregon Health Council. Increases Council membership from eleven to fifteen. Specifies members will be reappointed. Allows Council to convene a single Community Advisory Council for all coordinated care organizations that join the Council. Clarifies regional health improvement plan is to include community health assessment and community health improvement plan. Adjusts report date to Legislative Assembly. Sets sunset to 2022.
SB 672 Dental Director
Effective date: June 11, 2015 Chapter: 395 (2015 Laws)
Directs Oregon Health Authority to appoint state dental director to oversee programs operated by authority that increase access to oral health services.
SB 710 Information Provided for Social Security Appeals
Effective date: June 10, 2015 Chapter: 360 (2015 Laws)
Requires state health plans, health insurers, health care providers or health care clearinghouses to provide, upon request, one copy of individually identifiable health information free of charge to individual, or to personal representative, when individual is appealing denial of Social Security disability benefits.
SB 833 CCO Contract Change Timeline
Effective date: July 27, 2015 Chapter: 799 (2015 Laws)
Requires Oregon Health Authority to give coordinated care organization at least 60 days’ advance notice of proposed amendments to contracts.
Bills that did not pass:
Bills That Did Not Pass
HB 2877 CCO evaluation
Would have required Oregon Department of Administrative Services to contract with private entity to evaluate progress of coordinated care organizations in achieving goals of Legislative Assembly.
HB 2935 CCO Board Inclusion of Dental Care
Would have required governing body of coordinated care organization to include representative from at least one dental care organization that contracts with coordinated care organization.
HB 2950 Communication Between OHA & CCOs
Would have required Oregon Health Authority to develop member handbook template, assign single case identification number to households receiving medical assistance, share contact information regarding members of coordinated care organization with organization and monitor hold times for calls made to authority by coordinated care organizations.
HB 3077 Assistance Animal Tags
Would have created exemption from pet restriction in food establishments for assistance animal with assistance animal tag issued by local jurisdiction.
HB 3245 Tax Credits for Health Care Providers
Would have amended tax credit for rural health care providers to include health care providers in nonrural medically underserved communities.
HB 3300 Requirement for PEBB/OEBB Providers to Serve Medicaid Clients
Would have prohibited Public Employees’ Benefit Board and Oregon Educators Benefit Board from contracting with health care providers, directly or through third party administrator, for payment or reimbursement of claims for health care provided to public employees residing in Lane County unless health care provider accepts patients who receive medical assistance.
HB 3349 Charity Care Policies
Would have required hospitals and emergency departments to maintain written charity care policies meeting specified requirements.
HB 3359 Tax Credits for Urban Health Care Providers
Would have expanded primary care provider loan repayment program to health care providers of primary care to medically underserved medical assistance recipients in urban areas.
HB 3564 PEBB Avoidance of ACA Tax
Would have modified funding mechanism for public employees’ health care benefit to avoid excise tax under Patient Protection and Affordable Care Act.
SB 310 CCO Public Meeting Requirements
Would have expanded definition of “public body” subject to public meetings law to include coordinated care organizations.
SB 427 ERs in Rural Counties
Would have permitted county with population less than 30,000 to site emergency department in urgent care facility, subject to Oregon Health Authority approval.
SB 773 Children Served by CCOs
Would have required coordinated care organization to continue to provide health services to child meeting specified criteria who moves outside of geographic area served by coordinated care organization.
SB 892 CCO member renewal
Would have required Oregon Health Authority to adopt procedures to facilitate coordinated care organization assisting member of organization with renewal of eligibility for medical assistance.
Adults & People with Disabilities
Bills that passed
SB 5521 Long-Term Care Ombudsman Budget
Effective date: July 1, 2015 Chapter: 408 (2015 Laws)
Appropriates moneys from General Fund to Long Term Care Ombudsman for biennial expenses. The Human Services Subcommittee approved a budget of $6,806,634 total funds, consisting of $6,086,984 General Fund, $719,650 Other Funds, and 25 positions (24.50 FTE). The approved budget is 51.7 percent above the Legislatively Approved Budget due to the expansion of the agency’s duties during the 2013-15 biennium. Additionally, the Subcommittee approved the reclassification of the agency director position from a Principal Executive Manager E to a Principal Executive Manager F; this change is also the result of expanded scope.
HB 2618 Stabilization & Crisis Unit Retirement
Effective date: August 12, 2015 Chapter: 822 (2015 Laws)
Classifies as “police officer” under Public Employees Retirement System any employees of the Department of Human Services whose duties include maintaining safety, behavior and control and residents of stabilization and crisis units. Applies police and fire level of benefits to service performed on and after the effective date.
HB 3230 Community-Based Housing Registration
Effective date: July 20, 2015 Chapter: 740 (2015 Laws)
Requires registration of community-based structured housing, which is defined as congregate housing, excluding residential care or treatment where services and supports are provided to assist residents who have mental, emotional, behavioral or substance abuse disorders. The bill authorizes the Oregon Health Authority and the Department of Human Services to establish standards and review processes for these facilities.
HB 3323 AAA Investigations of Abuse
Effective date: June 25, 2015 Chapter: 568 (2015 Laws)
Authorizes type B area agency or other person designated by Department of Human Services in county that serves population of 650,000 or more persons to investigate suspected abuse and to bring civil action against person who engages in abuse of vulnerable person. Multnomah County bill.
SB 226 Task Force on Client and Staff Safety
Effective date: July 27, 2015 Chapter: 777 (2015 Laws)
Establishes Task Force on Client and Staff Safety to make recommendations on certain issues regarding staff safety, resident care and operation of Stabilization and Crisis Units.
SB 296 Elderly Rental Assistance
Effective date: October 5, 2015 Chapter: 348 (2015 Laws)
Repeals elderly rental assistance program, operative January 1, 2016.
SB 616 Housing Trust Investigation
Effective date: May 26, 2015 Chapter: 178 (2015 Laws)
Requires Secretary of State to conduct investigation of Community Housing Trust Account, within Developmental Disabilities Community Housing Fund.
SB 774 Home Care Worker Workforce Expansion
Effective date: July 27, 2015 Chapter: 796 (2015 Laws)
Requires Home Care Commission to adopt statewide plan to expand home care worker workforce.
Bills That Did Not Pass
HB 2656 Intellectual Disabilities Commitment Procedures
Would have described procedures that must be followed if person who has been found by court to have intellectual disabilities and to be in need of commitment for residential care, treatment and training leaves facility without approval or authorization.
HB 2756 AFSCME Training Bill
Would have created task force to study training of direct care staff who support individuals with intellectual or developmental disabilities.
HB 3442 Violent Behavior in Residential Setting
Would have required transfer to secure residential setting of person committed based on intellectual disability if person engages in violent act that harms another resident or member of staff.
HB 3460 SACU Licensing
Would have required Department of Human Services to adopt rules for licensing of stabilization and crisis units that house persons with developmental disabilities
SB 617 Creation of Task Force
Would have established Task Force on Housing for Persons with Intellectual or Developmental Disabilities.
SB 722 Oregon Project Independence Fund
Would have appropriated moneys from General Fund to Department of Human Services for deposit in Oregon Project Independence Fund.
Bills that passed
HB 2889 Savings for Foster Youth
Effective date: January 1, 2016 Chapter: 471 (2015 Laws)
Requires Department of Human Services to ensure child 12 years of age or older in custody of department for at least six consecutive months is entitled to assistance to establish savings account at financial institution.
HB 2890 Extracurriculars for Foster Youth
Effective date: January 1, 2016 Chapter: 472 (2015 Laws)
Requires Department of Human Services to ensure that substitute care providers for child or ward in care or custody of department provide opportunities to participate in at least one extracurricular activity and apply reasonable and prudent parent standard in determining participation.
HB 3014 Grandparents’ Access to Foster Youth
Effective date: January 1, 2016 Chapter: 216 (2015 Laws)
Changes definition of “grandparent” in laws pertaining to notice to grandparents of juvenile dependency hearings regarding grandchildren, and that authorize grandparents to request visitation or other contact or communication with grandchildren when grandchildren are in legal custody of Department of Human Services.
HB 3503 Family Sentencing Alternative
Effective date: January 1, 2016 Chapter: 830 (2015 Laws)
Directs Department of Corrections to establish Family Sentencing Alternative Pilot Program in partnership with circuit courts, county community corrections agencies and Department of Human Services.
SB 222 Juvenile Court Proceedings
Effective date: July 27, 2015 Chapter: 776 (2015 Laws)
Extends sunset on provision authorizing Department of Human Services to appear as party in juvenile court proceeding without appearance of Attorney General.
SB 741 Relative Consideration in Placements
Effective date: July 27, 2015 Chapter: 795 (2015 Laws)
Directs Department of Human Services to adopt administrative rules for home studies and placement reports in adoption proceedings that require that equal consideration be given to relatives and current caretakers as prospective adoptive parents, and that greater consideration be given to relatives and current caretakers as compared to other persons who are not relatives or current caretakers.
Bills That Did Not Pass
HB 2358 Foster care reduction pilot
Would have directed Judicial Department, Public Defense Services Commission, Department of Human Services and Department of Justice to collaborate to establish pilot programs in four to six Oregon counties to reduce foster care use through effective representation in juvenile dependency proceedings.
HB 3426 Community homes
Would have directed Department of Human Services to establish up to three community homes to implement community home model for children and wards in legal custody of department for care, placement and supervision.
SB 311 Task Force on Supporting and Improving Foster Parenting
Would have established Task Force on Supporting and Improving Foster Parenting in Oregon to study and make recommendations on foster care program quality and workforce issues related to provision of foster care.
SB 403 Placement limitations
Would have limited consideration of “relatives” for purposes of placing child in custody of Department of Human Services to exclude certain putative fathers and paternal relatives.
SB 576 Placement committees
Would have made case planning and placement decisions for wards in custody of Department of Human Services responsibility of case planning committee convened by department and composed of relevant parties and stakeholders with interest in ward’s welfare, case planning and placement.
SB 618 ID cards for homeless youth
Directs Department of Human Services to identify and enter into agreements with nonprofit organizations to assist homeless youth in obtaining identification cards from Department of Transportation.
SB 632 Foster care pilot program
Directs Department of Human Services to establish two pilot programs in rural and urban regions of this state to improve quality and effectiveness of foster care for children and wards placed in legal custody of department for care, placement and supervision.
Other DHS Bills
Bills That Passed
SB 5026 DHS Budget
Effective date: July 27, 2015 Chapter: 760 (2015 Laws)
Appropriates moneys from General Fund to Department of Human Services for certain biennial expenses. The Subcommittee approved a budget of $2,698,473,400 General Fund, $496,095,693 Other Funds, $4,493,398,541 Federal Funds, $2,514,345,331 Federal Funds Nonlimited ($10,202,312,965 total funds) and 8,033 positions (7,893.67 FTE). This is an 8.4 percent total funds increase from the 2013-15 Legislatively Approved Budget.
The Subcommittee provided $21.7 million General Fund and 17 positions (17.00 FTE) for TANF redesign efforts and implementation of House Bill 3535 (2015) (Packages 101 and 113). This is part of an overall TANF reinvestment of $30.0 million General Fund, which also maintains Self- Sufficiency staffing 75.8 percent of the workload model. The reinvestment plan covers funding to raise the income limits for clients exiting TANF, reduce the ERDC co-pay for three months while exiting TANF, provide transition payments to families who are exiting TANF, eliminate deprivation as an eligibility requirement, expand the caretaker relative definition, expand contracts for pre and post TANF services, increase flexibility in issuing support services to prevent TANF entry, provide training required to implement changes, maintain the workload model and expand intensive client services, support evaluation strategies and data analytics, improve EBT card security by adding names on replacement cards, and access lottery prizes for overpayment recovery.
The budget contains a $45.0 million General Fund appropriation for the Employment Related Daycare (ERDC) program to expand access and improve family stability
Child welfare: The Subcommittee approved budget is $470,861,862 General Fund, $22,838,433 Other Funds, $449,789,894 Federal Funds ($943,490,189 total funds) and 2,598 positions (2,550.30 FTE). This is a 2.8 percent total funds increase from the 2013-15 Legislatively Approved Budget.
The Subcommittee approved $250,000 General Fund to cover the startup and ongoing base costs for a youth shelter project in Lane County. The funding will pay for rehabilitation of an existing building, initial staff support, and program supplies. The project will help stabilize and assess high risk youth who are unable to stay at home or in foster care, with a goal of minimizing exposure to or progression through both the child welfare and juvenile justice systems. The budget also adds $1.6 million General Fund for the Homeless and Runaway Youth program, which supports local programs providing services such as street outreach, day drop-in, and overnight shelters for unaccompanied minors.
APD: The Subcommittee approved a $2,953,451,473 total funds budget, which is 18.2 percent higher than the 2013-15 Legislatively Approved Budget. The budget contains $862,154,849 General Fund, $186,445,596 Other Funds, $1,904,851,028 Federal Funds, and 1,251 positions (1,241.28 FTE). The budget includes adjustments to account for overall caseload growth and cost per case changes based on the Spring 2015 forecast. It also includes adjustments (increases) to workload models for the APD field offices and Area Agencies on Aging (AAAs); APD workload is at 90.0 percent of the workload model with the AAAs at 95.0 percent equity. General Fund costs are partially offset by a higher FMAP rate.
I/DD: The Subcommittee approved budget is $688,819,951 General Fund, $36,385,915 Other Funds, $1,389,098,772 Federal Funds ($2,114,304,638 total funds) and 898 positions (851.15 FTE). This is a 17.5 percent total funds increase from the 2013-15 Legislatively Approved Budget.
HB 2219 Application Process Work Group
Effective date: June 2, 2015 Chapter: 195 (2015 Laws)
Requires Department of Human Services to convene work group to study consolidation of
application processes for human and social services and to report recommendation to
HB 2233 Residential Care Advisory Committee
Effective date: May 20, 2015 Chapter: 100 (2015 Laws)
Directs Department of Human Services to create advisory committee within Office of Adult Abuse Prevention and Investigations to advise regarding residential care for children, youth or youth offenders.
HB 3391 Stalking Protection for DHS Employees
Effective date: July 6, 2015 Chapter: 653 (2015 Laws)
Authorizes Attorney General to file action on behalf of Department of Human Services employee for stalking citation or stalking protective order upon request that has been approved in writing by Director of Human Services or designee and sets forth sufficient facts and evidence, and that in opinion of Attorney General is likely to succeed.
HB 3535 TANF
Effective date: July 27, 2015 Chapter: 765 (2015 Laws)
Modifies temporary assistance for needy families program. Allows DHS to reinvest in program enhancements such as transitional services for families exiting the program and a more proactive approach to families not fully participating in program requirements. Further clarifies duties and membership of Family Services Review Commission.
Bills That Did Not Pass
SB 503 Consideration of Sexual Assault
Would have required Department of Human Services to identify applicants for and recipients of assistance under temporary assistance for needy families program who are victims of sexual assault or at risk for being victims of sexual assault.
SB 742 Certification of Assistance Animals
Would have required Department of Human Services to adopt procedures for issuance of assistance animal certificates.
Bills that passed
HB 2195 Multnomah County Foreclosure Funds
Effective date: January 1, 2016 Chapter: 242 (2015 Laws)
Requires Multnomah County, after reimbursements are made to county general fund for costs related to management and disposition of real property, to use proceeds acquired specifically by foreclosure of delinquent tax liens or by exchange for land originally acquired by foreclosure of delinquent tax liens, for: housing placement and support of youth and families with children; rental assistance and low income housing. Clarifies that counties’ costs to determine boundaries are reimbursable. Makes explicit that Multnomah County may convey foreclosed properties to any governmental body if not needed for public use (ORS 271.330), and properties donated to government units or nonprofits for specified purposes (ORS 311.796).
HB 2547 Task Force on Housing With Services
Effective date: July 20, 2015 Chapter: 719 (2015 Laws)
Creates Task Force on Housing with Services.
HB 2690 Property Tax Exemption for Low-income Housing
Effective date: October 05, 2015 Chapter: 520 (2015 Laws)
Exempts from property taxation land acquired and held by nonprofit corporation for building residences to be sold to individuals whose income is not greater than 80 percent of area median income.
SB 244 Housing Funding
Effective date: January 1, 2016 Chapter: 608 (2015 Laws)
Authorizes Housing and Community Services Department to use moneys in Housing Development and Guarantee Account for housing for persons with low or very low income.
SB 969 Task Force on Reentry, Employment and Housing
Effective date: August 12, 2015 Chapter: 848 (2015 Laws)
Establishes Task Force on Reentry, Employment and Housing.
Bills That Did Not Pass
HB 3420 Housing First
Would have directed Housing and Community Services Department, with advice of State Housing Council and in collaboration with Community Action Partnership of Oregon, Department of Human Services and Oregon Health Authority, to establish Housing First Pilot Program for purpose of providing housing assistance, case management and support services to individuals and families experiencing homelessness in cities of Eugene and Albany by utilizing system of care.
Bills that passed
HB 2015 Employment Related Day Care
Effective date: July 20, 2015 Chapter: 698 (2015 Laws)
Directs Department of Human Services, in consultation with Early Learning Division and Office of Child Care, to adopt rules for subsidy programs for employment-related child care that, at minimum, provide for one year of eligibility regardless of change in employment, permit students enrolled in coursework and self-employed persons to receive subsidized employment-related child care, and provide for reduced copayments and incentive payments when child care provider meets specified minimum standards under tiered quality rating and improvement system. Directs Early Learning Division, in consultation with Department of Human Services, to conduct study regarding methods to incentivize parents to select exempt family child care providers and to report on development and implementation of system of quality supports for exempt family child care providers to interim legislative committees on child welfare and childcare. Permits Office of Child Care to perform inspections of premises of family child care providers when required under federal law. Declares emergency, effective on passage.
SB 213 Hub Metrics
Effective date: July 27, 2015 Chapter: 773 (2015 Laws)
Requires Early Learning Council to develop metrics for funding Early Learning Hubs.
SB 586 Youth Development Council Authority
Effective date: July 27, 2015 Chapter: 788 (2015 Laws)
Increases age of youth for whom Youth Development Council may oversee unified system of services from 20 years to 24 years.
SB 659 Services for Children in Oregon Part-time
Effective date: January 1, 2016 Chapter: 393 (2015 Laws)
Requires Department of Human Services and its contractors to assist noncustodial parent, who resides in Oregon, in specified ways to obtain home and community-based services for nonresident child during child’s visitation with parent for six weeks or more.
Bills That Did Not Pass
HB 2777 Drug Tests for Individuals Present at Child Care Facilities
Would have required the Department of Education and Department of Human Services, in consultation with Early Learning Division and Office of Child Care, to implement and administer program that would require all persons with regular presence at child care facility to take drug test at intervals prescribed by rule, at expense of owner or operator of child care facility.