77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
HA to HB 2859
LC 174/HB 2859-9
HOUSE AMENDMENTS TO
HOUSE BILL 2859
By COMMITTEE ON HEALTH CARE
March 25
On page 1 of the printed bill, line 5, delete '411.060, ' and
delete '411.083,' and after '411.087,' insert ' 411.095,'.
In line 7, after '411.632,' insert '411.635,'.
On page 2, delete lines 6 through 16 and insert:
' { + NOTE: + } Section 2 was deleted by amendment.
Subsequent sections were not renumbered.'.
On page 26, line 36, delete ', the Eastern Oregon Training
Center'.
In line 39, delete ', the Department of Human Services'.
On page 28, line 13, delete 'the Department of Human
Services,'.
In line 23, after 'involves' delete the rest of the line.
In line 24, delete 'Services,' and delete 'department or'.
On page 30, delete lines 5 through 23 and insert:
' { + SECTION 25. + } ORS 183.458 is amended to read:
' 183.458. (1) Notwithstanding any other provision of law, in
any contested case hearing before a state agency involving child
support, public assistance as defined in ORS 411.010 { + ,
medical assistance as defined in ORS 414.025 + } or the right to
be free from potentially unusual or hazardous treatment
procedures under ORS 426.385 (3), a party may be represented by
any of the following persons:
' { + (a) An attorney licensed to practice law in any state
who is an employee of or contracts with a nonprofit legal
services program that receives funding pursuant to ORS 9.572. + }
' { - (a) - } { + (b) + } An authorized representative who
is an employee of a nonprofit legal services program that
receives funding pursuant to ORS 9.572. The authorized
representative must be supervised by an attorney also employed by
a legal services program.
' { - (b) - } { + (c) + } An authorized representative who
is an employee of the system described in ORS 192.517 (1). The
authorized representative must be supervised by an attorney also
employed by the system.
' (2) In any contested case hearing before a state agency
involving child support, a party may be represented by a law
student who is:
' (a) Handling the child support matter as part of a law school
clinical program in which the student is enrolled; and
' (b) Supervised by an attorney employed by the program.
' { + (3) In any contested case hearing before a state agency
involving an applicant for or recipient of medical assistance,
the claimant may be represented by a relative, friend or any
other person of the claimant's choosing. + }
' { - (3) - } { + (4) + } A person authorized to represent a
party under this section may present evidence in the proceeding,
examine and cross-examine witnesses and present factual and legal
arguments in the proceeding.'.
On page 34, delete lines 14 through 35 and insert:
' { + SECTION 32. + } ORS 411.010 is amended to read:
' 411.010. As used in this chapter and in other statutes
providing for assistance and services to needy persons, unless
the context or a specially applicable statutory definition
requires otherwise:
' (1) 'General assistance' means assistance or service of any
character provided to needy persons not otherwise provided for to
the extent of such need and the availability of funds, including
medical, surgical and hospital or other remedial care.
' (2) 'Public assistance' means the following types of
assistance:
' (a) Temporary assistance for needy families granted under ORS
412.001 to 412.069 and 418.647;
' (b) General assistance granted under ORS 411.710 to 411.730;
' { - (c) Medical assistance; - }
' { - (d) - } { + (c) + } Assistance provided by the Oregon
Supplemental Income Program;
' { - (e) - } { + (d) + } General assistance other than
general assistance granted under ORS 411.710 to 411.730; and
' { - (f) - } { + (e) + } Any other functions, except the
administration of medical assistance by the Oregon Health
Authority, that may be delegated to the Director of Human
Services by or in accordance with federal and state laws.
' { + NOTE: + } Section 33 was deleted by amendment.
Subsequent sections were not renumbered.'.
On page 35, delete lines 25 through 45 and insert:
' { + NOTE: + } Section 36 was deleted by amendment.
Subsequent sections were not renumbered.'.
On page 36, delete lines 1 through 4.
After line 39, insert:
' { + SECTION 37a. + } ORS 411.095 is amended to read:
' 411.095. (1) Except as provided in subsection (2) of this
section, when the Department of Human Services { + or the Oregon
Health Authority + } changes a benefit standard that results in
the reduction, suspension or closure of a grant of
{ - general - } { + public + } assistance or a grant of
{ - public - } { + medical + } assistance, the department
{ + or the authority + } shall mail a notice of intended action
to each recipient affected by the change at least 30 days before
the effective date of the action.
' (2) If the department { + or the authority + } has fewer
than 60 days before the effective date to implement a proposed
change described in subsection (1) of this section, the
department { + or the authority + } shall mail a notice of
intended action to each recipient affected by the change as soon
as practicable but at least 10 working days before the effective
date of the action.
' (3) When the department { + or the authority + } conducts a
hearing pursuant to ORS 416.310 to 416.340 and 416.510 to 416.830
and 416.990 or when the department { + or the authority + }
proposes to deny, reduce, suspend or terminate a grant of
{ - general - } { + public + } assistance, a grant of
{ - public - } { + medical + } assistance or a support service
payment used to support participation in the job opportunity and
basic skills program, the department { + or the authority + }
shall provide an opportunity for a hearing under ORS chapter 183.
' (4) When emergency assistance or the continuation of
assistance pending a hearing on the reduction, suspension or
termination of public assistance { + , medical assistance + } or
a support service payment used to support participation in the
job opportunity and basic skills program is denied, and the
applicant for or recipient of public assistance { + , medical
assistance + } or a support service payment requests a hearing on
the denial, an expedited hearing on the denial shall be held
within five working days after the request. A written decision
shall be issued within three working days after the hearing is
held.
' (5) For purposes of this section, a reduction or termination
of services resulting from an assessment for service eligibility
as defined in ORS 411.099 is a grant of public assistance.
' (6) Adoption of rules, conduct of hearings and issuance of
orders and judicial review of rules and orders shall be in
accordance with ORS chapter 183.'.
On page 37, line 33, before the period insert 'and medical
assistance provided to recipients of assistance under the Oregon
Supplemental Income Program'.
On page 38, line 22, delete 'responsible for' and insert ' on
behalf of'.
In line 39, after '(5)' insert '(a)'.
After line 42, insert:
' (b) The department shall promptly transfer information
received under this section to the authority for individuals who
are eligible for medical assistance because they qualify for
public assistance.'.
On page 40, line 29, after 'recipient' delete the rest of the
line and insert 'at intervals specified by federal law.'.
In line 44, delete 'qualifies' and insert 'appears to qualify'.
On page 43, after line 25, insert:
' { + SECTION 52a. + } ORS 411.635 is amended to read:
' 411.635. (1) { + (a) + } { - Public assistance - } { +
Medical assistance + } improperly disbursed as a result of
recipient conduct that is not in violation of ORS 411.630 may be
recouped pursuant to ORS 293.250 by the Oregon Health Authority
or the Department of Human Services.
' { + (b) Public assistance improperly disbursed as a result
of recipient conduct that is not in violation of ORS 411.630 may
be recouped pursuant to ORS 293.250 by the department. + }
' (2) The department { + and the authority + } may also recoup
public assistance { + and medical assistance + } improperly
disbursed from earnings that the state disregards pursuant to ORS
411.083 and 412.009 as follows:
' (a) The department { + and the authority + } shall notify
the recipient that the recipient may elect to limit the
recoupment monthly to an amount equal to one-half the amount of
disregarded earnings by granting the department { + or the
authority + } a confession of judgment for the amount of the
overpayment.
' (b) If the recipient does not elect to grant the confession
of judgment within 30 days the department { + or the
authority + } may recoup the overpayment from the entire amount
of disregarded earnings. The recipient may at any time thereafter
elect to limit the monthly recoupment to one-half the disregarded
earnings by entering into a confession of judgment.
' (3) The department { + and the authority + } shall not
execute on a confession of judgment until the recipient is no
longer receiving public assistance { + or medical assistance + }
and has either refused to agree to or has defaulted on a
reasonable plan to satisfy the judgment.
' (4) This section does not prohibit the department { + or the
authority + } from adopting rules to exempt from recoupment any
portion of disregarded earnings.'.
In line 44, delete the boldfaced material.
On page 44, line 2, delete 'or the Oregon Health Authority'.
In line 4, delete the boldfaced material.
On page 48, delete lines 12 through 16.
In line 17, restore the bracketed material and delete the
boldfaced material.
On page 64, line 41, delete '135' and insert '138'.
On page 65, line 27, after 'Services' insert ', the executive
director of the Oregon Health Insurance Exchange Corporation'.
In line 30, after 'Services' insert ', the corporation'.
In line 32, after 'of' delete the rest of the line and insert
'the respective functions of the department, the corporation and
the authority.'.
On page 66, after line 15, insert:
' { + SECTION 100. + } { + (1) The Oregon Health Authority
shall establish a program to provide grants to coordinated care
organizations to fund pilot projects designed to improve patient
engagement in and patient accountability for a patient's own
health, disease prevention and wellness activities. To receive a
grant through the program, a coordinated care organization must
submit an application to the authority, no later than January 1,
2014, that includes:
' (a) A proposal detailing the pilot project;
' (b) An explanation of how the organization intends to promote
patient responsibility and improve health care outcomes for
patients through the pilot project;
' (c) The incentives or penalties that the organization will
utilize in the pilot project; and
' (d) The goals of the pilot project and how the success of the
pilot project will be measured.
' (2) The Governor shall petition the federal government for
waivers of any federal laws that prevent the implementation of
the pilot projects. + }
' { + SECTION 101. + } { + (1) The Task Force on Individual
Responsibility and Health Engagement is established, consisting
of 11 members appointed as follows:
' (a) The President of the Senate shall appoint two members of
the Senate, one of whom is a Democrat and one of whom is a
Republican.
' (b) The Speaker of the House of Representatives shall appoint
two members of the House of Representatives, one of whom is a
Democrat and one of whom is a Republican.
' (c) The Governor shall appoint seven persons, at least two of
whom are receiving medical assistance.
' (2) Under the direction of the Governor, the task force shall
develop recommendations for legislation that will establish
mechanisms to meaningfully engage medical assistance recipients
in their own health, disease prevention and wellness activities,
in addition to the pilot projects authorized by section 100 of
this 2013 Act. The task force shall prioritize recommendations
that:
' (a) Use incentives or disincentives;
' (b) Encourage partnerships between medical assistance
recipients and their health care providers;
' (c) Are appropriate to the cultural and economic
circumstances of medical assistance recipients;
' (d) Can be implemented rapidly upon receipt of any necessary
federal approval; and
' (e) Represent best practices and are evidence-based with
respect to medical assistance recipients.
' (3) The task force may receive testimony or reports from
persons or agencies that are nationally recognized experts in the
field, as appropriate.
' (4) A majority of the members of the task force constitutes a
quorum for the transaction of business.
' (5) Official action by the task force requires the approval
of a majority of the members of the task force.
' (6) The task force shall elect one of its members to serve as
chairperson.
' (7) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
' (8) The task force shall meet at times and places specified
by the call of the chairperson or of a majority of the members of
the task force.
' (9) The task force may adopt rules necessary for the
operation of the task force.
' (10) The task force shall submit its recommendations, in the
manner provided in ORS 192.245, to the appropriate interim
committees of the Legislative Assembly no later than November 1,
2013.
' (11) The Oregon Health Authority shall provide staff support
to the task force.
' (12) Members of the task force who are not members of the
Legislative Assembly 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.
' (13) 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 102. + } { + The costs of the pilot projects
described in section 100 of this 2013 Act shall be paid from
funds in the legislatively adopted budget that are allocated to
the Oregon Health Authority to provide innovation grants to
coordinated care organizations. + }
' { + SECTION 103. + } { + Section 101 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. + } ' .
In line 16, delete '100' and insert '104'.
In line 18, delete ', 2'.
In line 21, delete '411.060,' and delete '411.083,' and after
'411.087,' insert '411.095,'.
In line 23, after '411.632,' insert '411.635,'.
In line 32, delete '101' and insert '105' and delete ', 2'.
In line 35, delete '411.060,' and delete '411.083,' and after
'411.087,' insert '411.095,'.
In line 37, after '411.632,' insert '411.635,'.
On page 67, line 1, delete '102' and insert '106'.
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