Bill Text: OR HB2087 | 2013 | Regular Session | Enrolled
Bill Title: Relating to health care delivery; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2013-07-25 - Chapter 640, (2013 Laws): Effective date July 25, 2013. [HB2087 Detail]
Download: Oregon-2013-HB2087-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2087
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of Governor John A. Kitzhaber, M.D., for
Oregon Health Authority)
CHAPTER ................
AN ACT
Relating to health care delivery; amending ORS 414.231, 414.440,
419C.550, 430.630, 430.632, 430.640, 431.385, 431.416 and
624.510 and section 9, chapter 365, Oregon Laws 2013 (Enrolled
House Bill 2091), sections 40, 64 and 65, chapter ___, Oregon
Laws 2013 (Enrolled House Bill 2240), sections 104 and 105,
chapter ___, Oregon Laws 2013 (Enrolled House Bill 2859), and
section 42, chapter ___, Oregon Laws 2013 (Enrolled House Bill
3458); repealing sections 39, 48, 54 and 55 chapter ___, Oregon
Laws 2013 (Enrolled House Bill 2240), sections 73, 82, 83, 84,
85, 94 and 95, chapter ___, Oregon Laws 2013 (Enrolled House
Bill 2859), and section 10, chapter ___, Oregon Laws 2013
(Enrolled House Bill 3458); and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 414.440 is amended to read:
414.440. { + (1) As used in this section, 'correctional
facility' means:
(a) A local correctional facility as defined in ORS 169.005;
(b) A Department of Corrections institution as defined in ORS
421.005; or
(c) A youth correction facility as defined in ORS 162.135. + }
{ - (1) - } { + (2) + } The Department of Human Services or
the Oregon Health Authority shall suspend, instead of terminate,
the medical assistance of a person who { - becomes an inmate of
a local - } { + is residing in a + } correctional facility
{ - , as defined in ORS 169.005, - } and who is expected to
remain in the { - local - } correctional facility for no more
than 12 months.
{ - (2) - } { + (3) + } Upon notification that a person
described in subsection { - (1) - } { + (2) + } of this
section is { - no longer an inmate - } { + not + } residing
in a { - local - } correctional facility, the department or
the authority shall reinstate the person's medical assistance if
the person is eligible for medical assistance.
{ + (4)(a) A designee of a correctional facility may apply
for medical assistance on behalf of a person, while the person is
residing in the correctional facility, for the purpose of
establishing eligibility for medical assistance during a period
of hospitalization that will occur outside of the correctional
facility.
Enrolled House Bill 2087 (HB 2087-B) Page 1
(b) The designee may obtain information necessary to determine
eligibility for medical assistance, including the person's Social
Security number or information that is not otherwise subject to
disclosure under ORS 411.320 or 413.175. The information obtained
under this paragraph may be used only for the purpose of
assisting the person in applying for medical assistance and may
not be redisclosed without the person's authorization.
(c) If the person is determined eligible for medical
assistance, the effective date of the person's medical assistance
shall be the date the person begins the period of hospitalization
outside of the correctional facility. + }
{ - (3) - } { + (5) + } This section does not extend
eligibility to an otherwise ineligible person or extend medical
assistance to a person if matching federal funds are not
available to pay for the medical assistance.
SECTION 2. ORS 419C.550 is amended to read:
419C.550. A person, agency or institution having legal custody
of a youth or youth offender has the following duties and
authority:
(1) To have physical custody and control of the youth or youth
offender.
(2) To supply the youth or youth offender with food, clothing,
shelter and incidental necessaries.
(3) To provide the youth or youth offender with care, education
and discipline.
(4) To authorize ordinary medical, dental, psychiatric,
psychological, hygienic or other remedial care and treatment for
the youth or youth offender, and, in an emergency when the youth
or youth offender's safety appears urgently to require it, to
authorize surgery or other extraordinary care.
(5) To make such reports and to supply such information to the
court as the court may from time to time require.
(6) To apply for any Social Security benefits { + , + }
{ - or - } public assistance { + or medical assistance + } to
which the youth or youth offender is otherwise entitled and to
use the benefits or assistance to { - pay - } { + provide + }
for the care of the youth or youth offender.
{ + (7) To obtain and disclose information necessary to apply
for Social Security benefits, public assistance or medical
assistance on behalf of the youth or youth offender including the
youth or youth offender's Social Security number or information
that is not otherwise subject to disclosure under ORS 411.320 or
413.175. Information obtained under this subsection may be used
only for the purpose of applying for Social Security benefits,
public assistance or medical assistance on behalf of the youth or
youth offender. + }
SECTION 3. ORS 430.630 is amended to read:
430.630. (1) In addition to any other requirements that may be
established by rule by the Oregon Health Authority, each
community mental health program, subject to the availability of
funds, shall provide the following basic services to persons with
alcoholism or drug dependence, and persons who are alcohol or
drug abusers:
(a) Outpatient services;
(b) Aftercare for persons released from hospitals;
(c) Training, case and program consultation and education for
community agencies, related professions and the public;
(d) Guidance and assistance to other human service agencies for
joint development of prevention programs and activities to reduce
Enrolled House Bill 2087 (HB 2087-B) Page 2
factors causing alcohol abuse, alcoholism, drug abuse and drug
dependence; and
(e) Age-appropriate treatment options for older adults.
(2) As alternatives to state hospitalization, it is the
responsibility of the community mental health program to ensure
that, subject to the availability of funds, the following
services for persons with alcoholism or drug dependence, and
persons who are alcohol or drug abusers, are available when
needed and approved by the Oregon Health Authority:
(a) Emergency services on a 24-hour basis, such as telephone
consultation, crisis intervention and prehospital screening
examination;
(b) Care and treatment for a portion of the day or night, which
may include day treatment centers, work activity centers and
after-school programs;
(c) Residential care and treatment in facilities such as
halfway houses, detoxification centers and other community living
facilities;
(d) Continuity of care, such as that provided by service
coordinators, community case development specialists and core
staff of federally assisted community mental health centers;
(e) Inpatient treatment in community hospitals; and
(f) Other alternative services to state hospitalization as
defined by the Oregon Health Authority.
(3) In addition to any other requirements that may be
established by rule of the Oregon Health Authority, each
community mental health program, subject to the availability of
funds, shall provide or ensure the provision of the following
services to persons with mental or emotional disturbances:
(a) Screening and evaluation to determine the client's service
needs;
(b) Crisis stabilization to meet the needs of persons with
acute mental or emotional disturbances, including the costs of
investigations and prehearing detention in community hospitals or
other facilities approved by the authority for persons involved
in involuntary commitment procedures;
(c) Vocational and social services that are appropriate for the
client's age, designed to improve the client's vocational,
social, educational and recreational functioning;
(d) Continuity of care to link the client to housing and
appropriate and available health and social service needs;
(e) Psychiatric care in state and community hospitals, subject
to the provisions of subsection (4) of this section;
(f) Residential services;
(g) Medication monitoring;
(h) Individual, family and group counseling and therapy;
(i) Public education and information;
(j) Prevention of mental or emotional disturbances and
promotion of mental health;
(k) Consultation with other community agencies;
(L) Preventive mental health services for children and
adolescents, including primary prevention efforts, early
identification and early intervention services. Preventive
services should be patterned after service models that have
demonstrated effectiveness in reducing the incidence of
emotional, behavioral and cognitive disorders in children. As
used in this paragraph:
(A) 'Early identification' means detecting emotional
disturbance in its initial developmental stage;
Enrolled House Bill 2087 (HB 2087-B) Page 3
(B) 'Early intervention services' for children at risk of later
development of emotional disturbances means programs and
activities for children and their families that promote
conditions, opportunities and experiences that encourage and
develop emotional stability, self-sufficiency and increased
personal competence; and
(C) 'Primary prevention efforts' means efforts that prevent
emotional problems from occurring by addressing issues early so
that disturbances do not have an opportunity to develop; and
(m) Preventive mental health services for older adults,
including primary prevention efforts, early identification and
early intervention services. Preventive services should be
patterned after service models that have demonstrated
effectiveness in reducing the incidence of emotional and
behavioral disorders and suicide attempts in older adults. As
used in this paragraph:
(A) 'Early identification' means detecting emotional
disturbance in its initial developmental stage;
(B) 'Early intervention services' for older adults at risk of
development of emotional disturbances means programs and
activities for older adults and their families that promote
conditions, opportunities and experiences that encourage and
maintain emotional stability, self-sufficiency and increased
personal competence and that deter suicide; and
(C) 'Primary prevention efforts' means efforts that prevent
emotional problems from occurring by addressing issues early so
that disturbances do not have an opportunity to develop.
(4) A community mental health program shall assume
responsibility for psychiatric care in state and community
hospitals, as provided in subsection (3)(e) of this section, in
the following circumstances:
(a) The person receiving care is a resident of the county
served by the program. For purposes of this paragraph, '
resident' means the resident of a county in which the person
maintains a current mailing address or, if the person does not
maintain a current mailing address within the state, the county
in which the person is found, or the county in which a
court-committed person with a mental illness has been
conditionally released.
(b) The person has been hospitalized involuntarily or
voluntarily, pursuant to ORS 426.130 or 426.220, except for
persons confined to the Secure Child and Adolescent Treatment
Unit at Oregon State Hospital, or has been hospitalized as the
result of a revocation of conditional release.
(c) Payment is made for the first 60 consecutive days of
hospitalization.
(d) The hospital has collected all available patient payments
and third-party reimbursements.
(e) In the case of a community hospital, the authority has
approved the hospital for the care of persons with mental or
emotional disturbances, the community mental health program has a
contract with the hospital for the psychiatric care of residents
and a representative of the program approves voluntary or
involuntary admissions to the hospital prior to admission.
(5) Subject to the review and approval of the Oregon Health
Authority, a { + community + } mental health program may
initiate additional services after the services defined in this
section are provided.
(6) Each community mental health program and the state hospital
serving the program's geographic area shall enter into a written
Enrolled House Bill 2087 (HB 2087-B) Page 4
agreement concerning the policies and procedures to be followed
by the program and the hospital when a patient is admitted to,
and discharged from, the hospital and during the period of
hospitalization.
(7) Each community mental health program shall have a mental
health advisory committee, appointed by the board of county
commissioners or the county court or, if two or more counties
have combined to provide mental health services, the boards or
courts of the participating counties or, in the case of a Native
American reservation, the tribal council.
(8) A community mental health program may request and the
authority may grant a waiver regarding provision of one or more
of the services described in subsection (3) of this section upon
a showing by the county and a determination by the authority that
persons with mental or emotional disturbances in that county
would be better served and unnecessary institutionalization
avoided.
(9)(a) As used in this subsection, 'local mental health
authority' means one of the following entities:
(A) The board of county commissioners of one or more counties
that establishes or operates a community mental health program;
(B) The tribal council, in the case of a federally recognized
tribe of Native Americans that elects to enter into an agreement
to provide mental health services; or
(C) A regional local mental health authority comprising two or
more boards of county commissioners.
(b) Each local mental health authority that provides mental
health services shall determine the need for local mental health
services and adopt a comprehensive local plan for the delivery of
mental health services for children, families, adults and older
adults that describes the methods by which the local mental
health authority shall provide those services. { - The local
mental health authority shall review and revise the local plan
biennially. - } The purpose of the local plan is to create a
blueprint to provide mental health services that are directed by
and responsive to the mental health needs of individuals in the
community served by the local plan. { + A local mental health
authority shall coordinate its local planning with the
development of the community health improvement plan under
section 13, chapter 8, Oregon Laws 2012, by the coordinated care
organization serving the area. The Oregon Health Authority may
require a local mental health authority to review and revise the
local plan periodically. + }
(c) The local plan shall identify ways to:
(A) Coordinate and ensure accountability for all levels of care
described in paragraph (e) of this subsection;
(B) Maximize resources for consumers and minimize
administrative expenses;
(C) Provide supported employment and other vocational
opportunities for consumers;
(D) Determine the most appropriate service provider among a
range of qualified providers;
(E) Ensure that appropriate mental health referrals are made;
(F) Address local housing needs for persons with mental health
disorders;
(G) Develop a process for discharge from state and local
psychiatric hospitals and transition planning between levels of
care or components of the system of care;
(H) Provide peer support services, including but not limited to
drop-in centers and paid peer support;
Enrolled House Bill 2087 (HB 2087-B) Page 5
(I) Provide transportation supports; and
(J) Coordinate services among the criminal and juvenile justice
systems, adult and juvenile corrections systems and local mental
health programs to ensure that persons with mental illness who
come into contact with the justice and corrections systems
receive needed care and to ensure continuity of services for
adults and juveniles leaving the corrections system.
(d) When developing a local plan, a local mental health
authority shall:
(A) Coordinate with the budgetary cycles of state and local
governments that provide the local mental health authority with
funding for mental health services;
(B) Involve consumers, advocates, families, service providers,
schools and other interested parties in the planning process;
(C) Coordinate with the local public safety coordinating
council to address the services described in paragraph (c)(J) of
this subsection;
(D) Conduct a population based needs assessment to determine
the types of services needed locally;
(E) Determine the ethnic, age-specific, cultural and diversity
needs of the population served by the local plan;
(F) Describe the anticipated outcomes of services and the
actions to be achieved in the local plan;
(G) Ensure that the local plan coordinates planning, funding
and services with:
(i) The educational needs of children, adults and older adults;
(ii) Providers of social supports, including but not limited to
housing, employment, transportation and education; and
(iii) Providers of physical health and medical services;
(H) Describe how funds, other than state resources, may be used
to support and implement the local plan;
(I) Demonstrate ways to integrate local services and
administrative functions in order to support integrated service
delivery in the local plan; and
(J) Involve the local mental health advisory committees
described in subsection (7) of this section.
(e) The local plan must describe how the local mental health
authority will ensure the delivery of and be accountable for
clinically appropriate services in a continuum of care based on
consumer needs. The local plan shall include, but not be limited
to, services providing the following levels of care:
(A) Twenty-four-hour crisis services;
(B) Secure and nonsecure extended psychiatric care;
(C) Secure and nonsecure acute psychiatric care;
(D) Twenty-four-hour supervised structured treatment;
(E) Psychiatric day treatment;
(F) Treatments that maximize client independence;
(G) Family and peer support and self-help services;
(H) Support services;
(I) Prevention and early intervention services;
(J) Transition assistance between levels of care;
(K) Dual diagnosis services;
(L) Access to placement in state-funded psychiatric hospital
beds;
(M) Precommitment and civil commitment in accordance with ORS
chapter 426; and
(N) Outreach to older adults at locations appropriate for
making contact with older adults, including senior centers, long
term care facilities and personal residences.
Enrolled House Bill 2087 (HB 2087-B) Page 6
(f) In developing the part of the local plan referred to in
paragraph (c)(J) of this subsection, the local mental health
authority shall collaborate with the local public safety
coordinating council to address the following:
(A) Training for all law enforcement officers on ways to
recognize and interact with persons with mental illness, for the
purpose of diverting them from the criminal and juvenile justice
systems;
(B) Developing voluntary locked facilities for crisis treatment
and follow-up as an alternative to custodial arrests;
(C) Developing a plan for sharing a daily jail and juvenile
detention center custody roster and the identity of persons of
concern and offering mental health services to those in custody;
(D) Developing a voluntary diversion program to provide an
alternative for persons with mental illness in the criminal and
juvenile justice systems; and
(E) Developing mental health services, including housing, for
persons with mental illness prior to and upon release from
custody.
(g) Services described in the local plan shall:
(A) Address the vision, values and guiding principles described
in the Report to the Governor from the Mental Health Alignment
Workgroup, January 2001;
(B) Be provided to children, older adults and families as close
to their homes as possible;
(C) Be culturally appropriate and competent;
(D) Be, for children, older adults and adults with mental
health needs, from providers appropriate to deliver those
services;
(E) Be delivered in an integrated service delivery system with
integrated service sites or processes, and with the use of
integrated service teams;
(F) Ensure consumer choice among a range of qualified providers
in the community;
(G) Be distributed geographically;
(H) Involve consumers, families, clinicians, children and
schools in treatment as appropriate;
(I) Maximize early identification and early intervention;
(J) Ensure appropriate transition planning between providers
and service delivery systems, with an emphasis on transition
between children and adult mental health services;
(K) Be based on the ability of a client to pay;
(L) Be delivered collaboratively;
(M) Use age-appropriate, research-based quality indicators;
(N) Use best-practice innovations; and
(O) Be delivered using a community-based, multisystem approach.
(h) A local mental health authority shall submit to the Oregon
Health Authority a copy of the local plan and { - biennial - }
revisions adopted under paragraph (b) of this subsection at time
intervals established by the { + Oregon Health + } Authority.
(i) Each local commission on children and families shall
reference the local plan for the delivery of mental health
services in the local coordinated comprehensive plan created
pursuant to ORS 417.775.
SECTION 4. ORS 430.630, as amended by section 101, chapter 37,
Oregon Laws 2012, is amended to read:
430.630. (1) In addition to any other requirements that may be
established by rule by the Oregon Health Authority, each
community mental health program, subject to the availability of
funds, shall provide the following basic services to persons with
Enrolled House Bill 2087 (HB 2087-B) Page 7
alcoholism or drug dependence, and persons who are alcohol or
drug abusers:
(a) Outpatient services;
(b) Aftercare for persons released from hospitals;
(c) Training, case and program consultation and education for
community agencies, related professions and the public;
(d) Guidance and assistance to other human service agencies for
joint development of prevention programs and activities to reduce
factors causing alcohol abuse, alcoholism, drug abuse and drug
dependence; and
(e) Age-appropriate treatment options for older adults.
(2) As alternatives to state hospitalization, it is the
responsibility of the community mental health program to ensure
that, subject to the availability of funds, the following
services for persons with alcoholism or drug dependence, and
persons who are alcohol or drug abusers, are available when
needed and approved by the Oregon Health Authority:
(a) Emergency services on a 24-hour basis, such as telephone
consultation, crisis intervention and prehospital screening
examination;
(b) Care and treatment for a portion of the day or night, which
may include day treatment centers, work activity centers and
after-school programs;
(c) Residential care and treatment in facilities such as
halfway houses, detoxification centers and other community living
facilities;
(d) Continuity of care, such as that provided by service
coordinators, community case development specialists and core
staff of federally assisted community mental health centers;
(e) Inpatient treatment in community hospitals; and
(f) Other alternative services to state hospitalization as
defined by the Oregon Health Authority.
(3) In addition to any other requirements that may be
established by rule of the Oregon Health Authority, each
community mental health program, subject to the availability of
funds, shall provide or ensure the provision of the following
services to persons with mental or emotional disturbances:
(a) Screening and evaluation to determine the client's service
needs;
(b) Crisis stabilization to meet the needs of persons with
acute mental or emotional disturbances, including the costs of
investigations and prehearing detention in community hospitals or
other facilities approved by the authority for persons involved
in involuntary commitment procedures;
(c) Vocational and social services that are appropriate for the
client's age, designed to improve the client's vocational,
social, educational and recreational functioning;
(d) Continuity of care to link the client to housing and
appropriate and available health and social service needs;
(e) Psychiatric care in state and community hospitals, subject
to the provisions of subsection (4) of this section;
(f) Residential services;
(g) Medication monitoring;
(h) Individual, family and group counseling and therapy;
(i) Public education and information;
(j) Prevention of mental or emotional disturbances and
promotion of mental health;
(k) Consultation with other community agencies;
(L) Preventive mental health services for children and
adolescents, including primary prevention efforts, early
Enrolled House Bill 2087 (HB 2087-B) Page 8
identification and early intervention services. Preventive
services should be patterned after service models that have
demonstrated effectiveness in reducing the incidence of
emotional, behavioral and cognitive disorders in children. As
used in this paragraph:
(A) 'Early identification' means detecting emotional
disturbance in its initial developmental stage;
(B) 'Early intervention services' for children at risk of later
development of emotional disturbances means programs and
activities for children and their families that promote
conditions, opportunities and experiences that encourage and
develop emotional stability, self-sufficiency and increased
personal competence; and
(C) 'Primary prevention efforts' means efforts that prevent
emotional problems from occurring by addressing issues early so
that disturbances do not have an opportunity to develop; and
(m) Preventive mental health services for older adults,
including primary prevention efforts, early identification and
early intervention services. Preventive services should be
patterned after service models that have demonstrated
effectiveness in reducing the incidence of emotional and
behavioral disorders and suicide attempts in older adults. As
used in this paragraph:
(A) 'Early identification' means detecting emotional
disturbance in its initial developmental stage;
(B) 'Early intervention services' for older adults at risk of
development of emotional disturbances means programs and
activities for older adults and their families that promote
conditions, opportunities and experiences that encourage and
maintain emotional stability, self-sufficiency and increased
personal competence and that deter suicide; and
(C) 'Primary prevention efforts' means efforts that prevent
emotional problems from occurring by addressing issues early so
that disturbances do not have an opportunity to develop.
(4) A community mental health program shall assume
responsibility for psychiatric care in state and community
hospitals, as provided in subsection (3)(e) of this section, in
the following circumstances:
(a) The person receiving care is a resident of the county
served by the program. For purposes of this paragraph, '
resident' means the resident of a county in which the person
maintains a current mailing address or, if the person does not
maintain a current mailing address within the state, the county
in which the person is found, or the county in which a
court-committed person with a mental illness has been
conditionally released.
(b) The person has been hospitalized involuntarily or
voluntarily, pursuant to ORS 426.130 or 426.220, except for
persons confined to the Secure Child and Adolescent Treatment
Unit at Oregon State Hospital, or has been hospitalized as the
result of a revocation of conditional release.
(c) Payment is made for the first 60 consecutive days of
hospitalization.
(d) The hospital has collected all available patient payments
and third-party reimbursements.
(e) In the case of a community hospital, the authority has
approved the hospital for the care of persons with mental or
emotional disturbances, the community mental health program has a
contract with the hospital for the psychiatric care of residents
Enrolled House Bill 2087 (HB 2087-B) Page 9
and a representative of the program approves voluntary or
involuntary admissions to the hospital prior to admission.
(5) Subject to the review and approval of the Oregon Health
Authority, a { + community + } mental health program may
initiate additional services after the services defined in this
section are provided.
(6) Each community mental health program and the state hospital
serving the program's geographic area shall enter into a written
agreement concerning the policies and procedures to be followed
by the program and the hospital when a patient is admitted to,
and discharged from, the hospital and during the period of
hospitalization.
(7) Each community mental health program shall have a mental
health advisory committee, appointed by the board of county
commissioners or the county court or, if two or more counties
have combined to provide mental health services, the boards or
courts of the participating counties or, in the case of a Native
American reservation, the tribal council.
(8) A community mental health program may request and the
authority may grant a waiver regarding provision of one or more
of the services described in subsection (3) of this section upon
a showing by the county and a determination by the authority that
persons with mental or emotional disturbances in that county
would be better served and unnecessary institutionalization
avoided.
(9)(a) As used in this subsection, 'local mental health
authority' means one of the following entities:
(A) The board of county commissioners of one or more counties
that establishes or operates a community mental health program;
(B) The tribal council, in the case of a federally recognized
tribe of Native Americans that elects to enter into an agreement
to provide mental health services; or
(C) A regional local mental health authority comprising two or
more boards of county commissioners.
(b) Each local mental health authority that provides mental
health services shall determine the need for local mental health
services and adopt a comprehensive local plan for the delivery of
mental health services for children, families, adults and older
adults that describes the methods by which the local mental
health authority shall provide those services. { - The local
mental health authority shall review and revise the local plan
biennially. - } The purpose of the local plan is to create a
blueprint to provide mental health services that are directed by
and responsive to the mental health needs of individuals in the
community served by the local plan. { + A local mental health
authority shall coordinate its local planning with the
development of the community health improvement plan under
section 13, chapter 8, Oregon Laws 2012, by the coordinated care
organization serving the area. The Oregon Health Authority may
require a local mental health authority to review and revise the
local plan periodically. + }
(c) The local plan shall identify ways to:
(A) Coordinate and ensure accountability for all levels of care
described in paragraph (e) of this subsection;
(B) Maximize resources for consumers and minimize
administrative expenses;
(C) Provide supported employment and other vocational
opportunities for consumers;
(D) Determine the most appropriate service provider among a
range of qualified providers;
Enrolled House Bill 2087 (HB 2087-B) Page 10
(E) Ensure that appropriate mental health referrals are made;
(F) Address local housing needs for persons with mental health
disorders;
(G) Develop a process for discharge from state and local
psychiatric hospitals and transition planning between levels of
care or components of the system of care;
(H) Provide peer support services, including but not limited to
drop-in centers and paid peer support;
(I) Provide transportation supports; and
(J) Coordinate services among the criminal and juvenile justice
systems, adult and juvenile corrections systems and local mental
health programs to ensure that persons with mental illness who
come into contact with the justice and corrections systems
receive needed care and to ensure continuity of services for
adults and juveniles leaving the corrections system.
(d) When developing a local plan, a local mental health
authority shall:
(A) Coordinate with the budgetary cycles of state and local
governments that provide the local mental health authority with
funding for mental health services;
(B) Involve consumers, advocates, families, service providers,
schools and other interested parties in the planning process;
(C) Coordinate with the local public safety coordinating
council to address the services described in paragraph (c)(J) of
this subsection;
(D) Conduct a population based needs assessment to determine
the types of services needed locally;
(E) Determine the ethnic, age-specific, cultural and diversity
needs of the population served by the local plan;
(F) Describe the anticipated outcomes of services and the
actions to be achieved in the local plan;
(G) Ensure that the local plan coordinates planning, funding
and services with:
(i) The educational needs of children, adults and older adults;
(ii) Providers of social supports, including but not limited to
housing, employment, transportation and education; and
(iii) Providers of physical health and medical services;
(H) Describe how funds, other than state resources, may be used
to support and implement the local plan;
(I) Demonstrate ways to integrate local services and
administrative functions in order to support integrated service
delivery in the local plan; and
(J) Involve the local mental health advisory committees
described in subsection (7) of this section.
(e) The local plan must describe how the local mental health
authority will ensure the delivery of and be accountable for
clinically appropriate services in a continuum of care based on
consumer needs. The local plan shall include, but not be limited
to, services providing the following levels of care:
(A) Twenty-four-hour crisis services;
(B) Secure and nonsecure extended psychiatric care;
(C) Secure and nonsecure acute psychiatric care;
(D) Twenty-four-hour supervised structured treatment;
(E) Psychiatric day treatment;
(F) Treatments that maximize client independence;
(G) Family and peer support and self-help services;
(H) Support services;
(I) Prevention and early intervention services;
(J) Transition assistance between levels of care;
(K) Dual diagnosis services;
Enrolled House Bill 2087 (HB 2087-B) Page 11
(L) Access to placement in state-funded psychiatric hospital
beds;
(M) Precommitment and civil commitment in accordance with ORS
chapter 426; and
(N) Outreach to older adults at locations appropriate for
making contact with older adults, including senior centers, long
term care facilities and personal residences.
(f) In developing the part of the local plan referred to in
paragraph (c)(J) of this subsection, the local mental health
authority shall collaborate with the local public safety
coordinating council to address the following:
(A) Training for all law enforcement officers on ways to
recognize and interact with persons with mental illness, for the
purpose of diverting them from the criminal and juvenile justice
systems;
(B) Developing voluntary locked facilities for crisis treatment
and follow-up as an alternative to custodial arrests;
(C) Developing a plan for sharing a daily jail and juvenile
detention center custody roster and the identity of persons of
concern and offering mental health services to those in custody;
(D) Developing a voluntary diversion program to provide an
alternative for persons with mental illness in the criminal and
juvenile justice systems; and
(E) Developing mental health services, including housing, for
persons with mental illness prior to and upon release from
custody.
(g) Services described in the local plan shall:
(A) Address the vision, values and guiding principles described
in the Report to the Governor from the Mental Health Alignment
Workgroup, January 2001;
(B) Be provided to children, older adults and families as close
to their homes as possible;
(C) Be culturally appropriate and competent;
(D) Be, for children, older adults and adults with mental
health needs, from providers appropriate to deliver those
services;
(E) Be delivered in an integrated service delivery system with
integrated service sites or processes, and with the use of
integrated service teams;
(F) Ensure consumer choice among a range of qualified providers
in the community;
(G) Be distributed geographically;
(H) Involve consumers, families, clinicians, children and
schools in treatment as appropriate;
(I) Maximize early identification and early intervention;
(J) Ensure appropriate transition planning between providers
and service delivery systems, with an emphasis on transition
between children and adult mental health services;
(K) Be based on the ability of a client to pay;
(L) Be delivered collaboratively;
(M) Use age-appropriate, research-based quality indicators;
(N) Use best-practice innovations; and
(O) Be delivered using a community-based, multisystem approach.
(h) A local mental health authority shall submit to the Oregon
Health Authority a copy of the local plan and { - biennial - }
revisions adopted under paragraph (b) of this subsection at time
intervals established by the { + Oregon Health + } Authority.
SECTION 5. ORS 430.632 is amended to read:
430.632. { + The Oregon Health Authority may require + } a
local mental health authority { - shall submit to - } { + to
Enrolled House Bill 2087 (HB 2087-B) Page 12
periodically report to + } the Oregon Health Authority { - by
October 1 of each even-numbered year a report - } on the
implementation of the comprehensive local plan adopted under ORS
430.630 (9).
SECTION 6. ORS 430.640 is amended to read:
430.640. (1) The Oregon Health Authority, in carrying out the
legislative policy declared in ORS 430.610, subject to the
availability of funds, shall:
(a) Assist Oregon counties and groups of Oregon counties in the
establishment and financing of community mental health programs
operated or contracted for by one or more counties.
(b) If a county declines to operate or contract for a community
mental health program, contract with another public agency or
private corporation to provide the program. The county must be
provided with an opportunity to review and comment.
(c) In an emergency situation when no community mental health
program is operating within a county or when a county is unable
to provide a service essential to public health and safety,
operate the program or service on a temporary basis.
(d) At the request of the tribal council of a federally
recognized tribe of Native Americans, contract with the tribal
council for the establishment and operation of a community mental
health program in the same manner in which the authority
contracts with a county court or board of county commissioners.
(e) If a county agrees, contract with a public agency or
private corporation for all services within one or more of the
following program areas:
(A) Mental or emotional disturbances.
(B) Drug abuse.
(C) Alcohol abuse and alcoholism.
(f) Approve or disapprove the { - biennial - }
{ + local + } plan and budget information for the establishment
and operation of each community mental health program. Subsequent
amendments to or modifications of an approved plan or budget
information involving more than 10 percent of the state funds
provided for services under ORS 430.630 may not be placed in
effect without prior approval of the authority. However, an
amendment or modification affecting 10 percent or less of state
funds for services under ORS 430.630 within the portion of the
program for persons with mental or emotional disturbances or
within the portion for persons with alcohol or drug dependence
may be made without authority approval.
(g) Make all necessary and proper rules to govern the
establishment and operation of community mental health programs,
including adopting rules defining the range and nature of the
services which shall or may be provided under ORS 430.630.
(h) Collect data and evaluate services in the state hospitals
in accordance with the same methods prescribed for community
mental health programs under ORS 430.634.
(i) Develop guidelines that include, for the development of
comprehensive local plans in consultation with local mental
health authorities:
(A) The use of integrated services;
(B) The outcomes expected from services and programs provided;
(C) Incentives to reduce the use of state hospitals;
(D) Mechanisms for local sharing of risk for state
hospitalization;
(E) The provision of clinically appropriate levels of care
based on an assessment of the mental health needs of consumers;
(F) The transition of consumers between levels of care; and
Enrolled House Bill 2087 (HB 2087-B) Page 13
(G) The development, maintenance and continuation of older
adult mental health programs with mental health professionals
trained in geriatrics.
(j) Work with local mental health authorities to provide
incentives for community-based care whenever appropriate while
simultaneously ensuring adequate statewide capacity.
(k) Provide technical assistance and information regarding
state and federal requirements to local mental health authorities
throughout the local planning process required under ORS 430.630
(9).
(L) Provide incentives for local mental health authorities to
enhance or increase vocational placements for adults with mental
health needs.
(m) Develop or adopt nationally recognized system-level
performance measures, linked to the Oregon Benchmarks, for
state-level monitoring and reporting of mental health services
for children, adults and older adults, including but not limited
to quality and appropriateness of services, outcomes from
services, structure and management of local plans, prevention of
mental health disorders and integration of mental health services
with other needed supports.
(n) Develop standardized criteria for each level of care
described in ORS 430.630 (9), including protocols for
implementation of local plans, strength-based mental health
assessment and case planning.
(o) Develop a comprehensive long-term plan for providing
appropriate and adequate mental health treatment and services to
children, adults and older adults that is derived from the needs
identified in local plans, is consistent with the vision, values
and guiding principles in the Report to the Governor from the
Mental Health Alignment Workgroup, January 2001, and addresses
the need for and the role of state hospitals.
(p) Report biennially to the Governor and the Legislative
Assembly on the progress of the local planning process and the
implementation of the local plans adopted under ORS 430.630
(9)(b) and the state planning process described in paragraph (o)
of this subsection, and on the performance measures and
performance data available under paragraph (m) of this
subsection.
(q) On a periodic basis, not to exceed 10 years, reevaluate the
methodology used to estimate prevalence and demand for mental
health services using the most current nationally recognized
models and data.
(r) Encourage the development of regional local mental health
authorities comprised of two or more boards of county
commissioners that establish or operate a community mental health
program.
(2) The Oregon Health Authority may provide technical
assistance and other incentives to assist in the planning,
development and implementation of regional local mental health
authorities whenever the Oregon Health Authority determines that
a regional approach will optimize the comprehensive local plan
described under ORS 430.630 (9).
(3) The enumeration of duties and functions in subsections (1)
and (2) of this section shall not be deemed exclusive nor
construed as a limitation on the powers and authority vested in
the authority by other provisions of law.
SECTION 7. ORS 431.385 is amended to read:
431.385. (1) The local public health authority shall submit
Enrolled House Bill 2087 (HB 2087-B) Page 14
{ - an annual - } { + a local + } plan to the Oregon Health
Authority for performing services pursuant to ORS 431.375 to
431.385 and 431.416. The { - annual - } { + local + } plan
shall be { - submitted - } { + updated periodically + } on a
date established by the Oregon Health Authority by rule or on a
date mutually agreeable to the authority and the local public
health authority.
(2) If the local public health authority decides not to submit
{ - an annual - } { + a local + } plan under the provisions of
ORS 431.375 to 431.385 and 431.416, the authority shall become
the local public health authority for that county or health
district.
(3) The authority shall review and approve or disapprove each
{ + local + } plan. Variances to the local public health plan
must be approved by the authority. In consultation with the
Conference of Local Health Officials, the authority shall
establish the elements of a { + local + } plan and an appeals
process whereby a local { + public + } health authority may
obtain a hearing if its { + local + } plan is disapproved.
(4) Each local commission on children and families shall
reference the local public health plan in the local coordinated
comprehensive plan created pursuant to ORS 417.775.
{ + (5) The Oregon Health Authority may adopt uniform
timelines and requirements for the submission of local plans by
local public health authorities and local mental health
authorities and the submission of community health improvement
plans by coordinated care organizations to the extent that the
requirements for local plans and community health improvement
plans overlap. + }
SECTION 8. ORS 431.385, as amended by section 102, chapter 37,
Oregon Laws 2012, is amended to read:
431.385. (1) The local public health authority shall submit
{ - an annual - } { + a local + } plan to the Oregon Health
Authority for performing services pursuant to ORS 431.375 to
431.385 and 431.416. The { - annual - } { + local + } plan
shall be { - submitted - } { + updated periodically + } on a
date established by the Oregon Health Authority by rule or on a
date mutually agreeable to the authority and the local public
health authority.
(2) If the local public health authority decides not to submit
{ - an annual - } { + a local + } plan under the provisions of
ORS 431.375 to 431.385 and 431.416, the authority shall become
the local public health authority for that county or health
district.
(3) The authority shall review and approve or disapprove each
{ + local + } plan. Variances to the local public health plan
must be approved by the authority. In consultation with the
Conference of Local Health Officials, the authority shall
establish the elements of a { + local + } plan and an appeals
process whereby a local { + public + } health authority may
obtain a hearing if its { + local + } plan is disapproved.
{ + (4) The Oregon Health Authority may adopt uniform
timelines and requirements for the submission of local plans by
local public health authorities and local mental health
authorities and the submission of community health improvement
plans by coordinated care organizations to the extent that the
requirements for local plans and community health improvement
plans overlap. + }
SECTION 9. ORS 431.416 is amended to read:
Enrolled House Bill 2087 (HB 2087-B) Page 15
431.416. The local public health authority or health district
shall:
(1) Administer and enforce the rules of the local public health
authority or the health district and public health laws and rules
of the Oregon Health Authority.
(2) Assure activities necessary for the preservation of health
or prevention of disease in the area under its jurisdiction as
provided in the { - annual - } { + local + } plan of the
authority or district are performed. These activities shall
include but not be limited to:
(a) Epidemiology and control of preventable diseases and
disorders;
(b) Parent and child health services, including family planning
clinics as described in ORS 435.205;
(c) Collection and reporting of health statistics;
(d) Health information and referral services; and
(e) Environmental health services.
SECTION 10. ORS 624.510 is amended to read:
624.510. (1) The Director of the Oregon Health Authority shall
enter into an intergovernmental agreement with each local public
health authority established under ORS 431.375, delegating to the
local public health authority the administration and enforcement
within the jurisdiction of the local public health authority of
the powers, duties and functions of the director under ORS
624.010 to 624.121, 624.310 to 624.430, 624.650 and 624.992. The
intergovernmental agreement must describe the powers, duties and
functions of the local public health authority relating to fee
collection, licensing, inspections, enforcement, civil penalties
and issuance and revocation of permits and certificates,
standards for enforcement by the local public health authority
and the monitoring to be performed by the Oregon Health
Authority. The Oregon Health Authority shall establish the
descriptions and standards in consultation with the local public
health authority officials and in accordance with ORS 431.345.
The intergovernmental agreement must be a part of the local
{ - annual - } plan submitted by the local public health
authority under ORS 431.385. The Oregon Health Authority shall
review the performance of the local public health authority under
any expiring intergovernmental agreement. The review shall
include criteria to determine if provisions of ORS 624.073 are
uniformly applied to all licensees within the jurisdiction of the
local public health authority. In accordance with ORS chapter
183, the director may suspend or rescind an intergovernmental
agreement under this subsection. If the Oregon Health Authority
suspends or rescinds an intergovernmental agreement, the
unexpended portion of the fees collected under subsection (2) of
this section shall be available to the Oregon Health Authority
for carrying out the powers, duties and functions under this
section.
(2) A local public health authority shall collect fees on
behalf of the Oregon Health Authority that are adequate to cover
the administration and enforcement costs incurred by the local
public health authority under this section and the cost of
oversight by the Oregon Health Authority. If the fee collected by
a local public health authority for a license or service is more
than 20 percent above or below the fee for that license or
service charged by the Oregon Health Authority, the Oregon Health
Authority shall analyze the local public health authority fee
process and determine whether the local public health authority
used the proper cost elements in determining the fee and whether
Enrolled House Bill 2087 (HB 2087-B) Page 16
the amount of the fee is justified. Cost elements may include,
but need not be limited to, expenses related to administration,
program costs, salaries, travel expenses and Oregon Health
Authority consultation fees. If the Oregon Health Authority
determines that the local public health authority did not use the
proper cost elements in determining the fee or that the amount of
the fee is not justified, the Oregon Health Authority may order
the local public health authority to reduce any fee to a level
supported by the Oregon Health Authority's analysis of the fee
process.
(3) The Oregon Health Authority, after consultation with groups
representing local health officials in the state, shall by rule
assess a remittance from each local public health authority to
which health enforcement powers, duties or functions have been
delegated under subsection (1) of this section. The amount of the
remittance must be specified in the intergovernmental agreement.
The remittance shall supplement existing funds for consultation
services and development and maintenance of the statewide food
service program. The Oregon Health Authority shall consult with
groups representing local health officials in the state and
statewide restaurant associations in developing the statewide
food service program.
(4) In any action, suit or proceeding arising out of local
public health authority administration of functions pursuant to
subsection (1) of this section and involving the validity of a
rule adopted by the Oregon Health Authority, the Oregon Health
Authority shall be made a party to the action, suit or
proceeding.
SECTION 11. { + Section 73 (amending ORS 414.231), chapter
___, Oregon Laws 2013 (Enrolled House Bill 2859), is
repealed. + }
SECTION 12. { + If House Bill 2240 becomes law, section 39
(amending ORS 414.231), chapter ___, Oregon Laws 2013 (Enrolled
House Bill 2240), is repealed and ORS 414.231, as amended by
section 1, chapter 365, Oregon Laws 2013 (Enrolled House Bill
2091), is amended to read: + }
414.231. (1) As used in this section, 'child' means a person
under 19 years of age.
(2) The Health Care for All Oregon Children program is
established to make affordable, accessible health care available
to all of Oregon's children. The program provides medical
assistance to children, funded in whole or in part by Title XIX
of the Social Security Act, by the State Children's Health
Insurance Program under Title XXI of the Social Security Act and
by moneys appropriated or allocated for that purpose by the
Legislative Assembly.
(3) A child is eligible for { - the program - } { + medical
assistance under subsection (2) of this section + } if the child
is lawfully present in this state and the income of the child's
family is:
(a) At or below 200 percent of the federal poverty guidelines;
or
(b) Above 200 percent of the federal poverty guidelines and at
or below 300 percent of the federal poverty guidelines, as long
as federal financial participation is available for the costs of
the coverage.
(4) There is no asset limit to qualify for the program.
(5)(a) A child receiving medical assistance { - under the
program - } { + through the Health Care for All Oregon Children
program + } is continuously eligible for a minimum period of 12
Enrolled House Bill 2087 (HB 2087-B) Page 17
months { + or until the child reaches 19 years of age, whichever
comes first + }.
(b) The Department of Human Services or the Oregon Health
Authority shall reenroll a child for successive 12-month periods
of enrollment as long as the child is eligible for medical
assistance on the date of reenrollment and { - there is federal
financial participation in the costs of the child's coverage - }
{ + the child has not yet reached 19 years of age + }.
(c) { - The department and the authority may not require - }
{ + A child may not be required to submit + } a new application
as a condition of reenrollment under paragraph (b) of this
subsection
{ - and - } { + , and the department or the authority + } must
determine the child's eligibility for medical assistance using
information and sources available to the department { + or the
authority + } or documentation { + that is + } readily
available { + to the child or the child's caretaker + }.
{ + (6) Except for medical assistance funded by Title XIX of
the Social Security Act, the department or the authority may
prescribe by rule a period of uninsurance prior to enrollment in
the program. + }
SECTION 13. { + If House Bill 2240 becomes law, section 48
(amending ORS 414.231), chapter ___, Oregon Laws 2013 (Enrolled
House Bill 2240), is repealed and ORS 414.231, as amended by
section 1, chapter 365, Oregon Laws 2013 (Enrolled House Bill
2091), and section 12 of this 2013 Act, is amended to read: + }
414.231. (1) As used in this section, 'child' means a person
under 19 years of age.
(2) The Health Care for All Oregon Children program is
established to make affordable, accessible health care available
to all of Oregon's children. The program provides medical
assistance to children, funded in whole or in part by Title XIX
of the Social Security Act, by the State Children's Health
Insurance Program under Title XXI of the Social Security Act and
by moneys appropriated or allocated for that purpose by the
Legislative Assembly.
(3) A child is eligible for medical assistance under subsection
(2) of this section if the child is lawfully present in this
state and the income of the child's family is:
(a) At or below 200 percent of the federal poverty guidelines;
or
(b) Above 200 percent of the federal poverty guidelines and at
or below 300 percent of the federal poverty guidelines, as long
as federal financial participation is available for the costs of
the coverage.
(4) There is no asset limit to qualify for the program.
(5)(a) A child receiving medical assistance through the Health
Care for All Oregon Children program is continuously eligible for
a minimum period of 12 months or until the child reaches 19 years
of age, whichever comes first.
(b) The Department of Human Services or the Oregon Health
Authority shall reenroll a child for successive 12-month periods
of enrollment as long as the child is eligible for medical
assistance on the date of reenrollment and the child has not yet
reached 19 years of age.
(c) A child may not be required to submit a new application as
a condition of reenrollment under paragraph (b) of this
subsection, and the department or the authority must determine
the child's eligibility for medical assistance using information
and sources available to the department or the authority or
Enrolled House Bill 2087 (HB 2087-B) Page 18
documentation that is readily available to the child or the
child's caretaker.
{ - (6) Except for medical assistance funded by Title XIX of
the Social Security Act, the department or the authority may
prescribe by rule a period of uninsurance prior to enrollment in
the program. - }
SECTION 14. If House Bill 2240 becomes law, section 40, chapter
___, Oregon Laws 2013 (Enrolled House Bill 2240), is amended to
read:
{ + Sec. 40. + } (1) The Office of Private Health
Partnerships is abolished. On the operative date of this section,
the tenure of office of the Administrator of the Office of
Private Health Partnerships and the deputy director of the Office
of Private Health Partnerships ceases.
(2) The unexpended balances of amounts in the Family Health
Insurance Assistance Program Account and other amounts authorized
to be expended by the office for the biennium beginning July 1,
2013, from revenues dedicated, continuously appropriated,
appropriated or otherwise made available to the office for the
purpose of administering the Family Health Insurance Assistance
Program are transferred to the Oregon Health Authority Fund
established in ORS 413.101 and are available for expenditure by
the Oregon Health Authority for the biennium beginning July 1,
2013, for the purpose of administering and enforcing the duties,
functions and powers of the office with respect to the Family
Health Insurance Assistance Program.
(3) Nothing in this section, the amendments to ORS 192.556,
410.080, 413.011, 413.032, 413.201, 414.041, 414.231, 414.826,
414.828, 414.839 and 433.443 and section 1, chapter 867, Oregon
Laws 2009, by sections 42 to 53 { + , chapter ___, Oregon Laws
2013 (Enrolled House Bill 2240), + } { - of this 2013 Act - }
{ + and section 13 of this 2013 Act + } or the repeal of ORS
414.831, 414.841, 414.842, 414.844, 414.846, 414.848, 414.851,
414.852, 414.854, 414.856, 414.858, 414.861, 414.862, 414.864,
414.866, 414.868, 414.870, 414.872, 735.700, 735.701, 735.702,
735.703, 735.705, 735.707, 735.709, 735.710 and 735.712 by
section 65 { + , chapter ___, Oregon Laws 2013 (Enrolled House
Bill 2240) + } { - of this 2013 Act - } :
(a) Relieves a person of a liability, duty or obligation
accruing under or with respect to the duties, functions and
powers of the office. The authority may undertake the collection
or enforcement of any such liability, duty or obligation.
(b) Affects any action, proceeding or prosecution involving or
with respect to the duties, functions and powers of the office
that were begun before and pending on the operative date of this
section, except that the authority is substituted for the office
in the action, proceeding or prosecution.
(4) The rights and obligations of the office legally incurred
under contracts, leases and business transactions executed,
entered into or begun before the operative date of this section
are transferred to the authority. For the purpose of succession
to these rights and obligations, the authority is a continuation
of the office.
(5) Notwithstanding the abolishment of the office by subsection
(1) of this section, the rules of the office in effect on the
operative date of this section continue in effect until
superseded or repealed by rules of the authority. References in
rules of the office to the office or an officer or employee of
the office are considered to be references to the authority or an
officer or employee of the authority.
Enrolled House Bill 2087 (HB 2087-B) Page 19
(6) Whenever, in any statutory law or resolution of the
Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, reference is
made to the office or an officer or employee of the office, the
reference is considered to be a reference to the authority or an
officer or employee of the authority.
SECTION 15. If House Bill 2240 becomes law, section 64, chapter
___, Oregon Laws 2013 (Enrolled House Bill 2240), is amended to
read:
{ + Sec. 64. + } Sections 2 to 6 and 40 { + , chapter ___,
Oregon Laws 2013 (Enrolled House Bill 2240), + } { - of this
2013 Act - } and the amendments to ORS 192.556, 410.080,
413.011, 413.032, 413.201, 414.041, 414.231, 414.826, 414.828,
414.839, 433.443, 731.036, 735.625, 741.300, 743.018, 743.019,
743.405, 743.417, 743.420, 743.522, 743.524, 743.526, 743.528,
743.550, 743.552, 743.560, 743.610, 743.731, 743.733, 743.736,
743.737, 743.745, 743.748, 743.751, 743.752, 743.754, 743.757,
743.766, 743.767, 743.769, 743.777, 743.801, 743.804, 743.894,
743A.090, 743A.192, 746.015 and 746.045 and section 1, chapter
867, Oregon Laws 2009, by sections 10 to 16, 18, 19, 21 to 30, 32
to 37, 42 to 58, 60, 61 and 61a { + , chapter ___, Oregon Laws
2013 (Enrolled House Bill 2240), + }
{ - of this 2013 Act - } { + and section 13 of this 2013
Act + } become operative January 1, 2014.
SECTION 16. If House Bill 2240 becomes law, section 9, chapter
365, Oregon Laws 2013 (Enrolled House Bill 2091), is amended to
read:
{ + Sec. 9. + } ORS 414.825, 414.826 { - , - } { + and + }
414.828 { - and 414.831 - } are repealed June 30, 2015.
SECTION 17. { + If House Bill 2240 becomes law, sections 82
(amending ORS 414.841), 83 (amending ORS 414.842), 84 (amending
ORS 414.848) and 85 (amending ORS 414.862), chapter ___, Oregon
Laws 2013 (Enrolled House Bill 2859), and section 10 (amending
ORS 414.841), chapter ___, Oregon Laws 2013 (Enrolled House Bill
3458), are repealed. + }
SECTION 18. If House Bill 2240 becomes law, section 104,
chapter ___, Oregon Laws 2013 (Enrolled House Bill 2859), is
amended to read:
{ + Sec. 104. + } The Oregon Health Authority, the Department
of Human Services and the Oregon Health Insurance Exchange
Corporation may take any action prior to January 1, 2014,
necessary to carry out sections 1 and 99 { + , chapter ___,
Oregon Laws 2013 (Enrolled House Bill 2859) + } { - of this
2013 Act - } , the amendments to ORS 1.198, 18.784, 18.838,
18.847, 25.381, 30.800, 93.967, 93.969, 97.939, 108.725, 109.811,
113.085, 113.086, 114.305, 114.515, 114.517, 115.125, 115.195,
125.170, 130.425, 166.715, 179.505, 183.458, 192.588, 293.231,
314.860, 409.010, 410.150, 410.490, 411.010, 411.070, 411.081,
411.087, 411.095, 411.119, 411.141, 411.159, 411.400, 411.402,
411.404, 411.406, 411.408, 411.435, 411.439, 411.443, 411.610,
411.620, 411.630, 411.632, 411.635, 411.640, 411.660, 411.670,
411.675, 411.690, 411.694, 411.703, 411.795, 411.802, 411.965,
411.967, 411.969, 411.970, 413.109, 413.175, 414.025, 414.041,
414.065, 414.095, 414.115,
{ - 414.231, - } 414.428, 414.534, 414.536, 414.706, 414.709,
414.727, 414.736, 414.740, { - 414.841, 414.842, 414.848,
414.862, - } 416.340, 416.350, 419B.373, 419C.550, 426.300,
435.215, 689.778 and 735.625 and section 6, chapter 290, Oregon
Laws 1987, section 9, chapter 736, Oregon Laws 2003, section 20,
chapter 595, Oregon Laws 2009, and section 1, chapter 867, Oregon
Enrolled House Bill 2087 (HB 2087-B) Page 20
Laws 2009, by sections 3 to 97 { + , chapter ___, Oregon Laws
2013 (Enrolled House Bill 2859), + } { - of this 2013 Act - }
and the repeal of ORS 411.431, 411.432, 414.707, 414.708,
414.750, 414.866, 414.868, 414.870 and 414.872 by section
98 { + , chapter ___, Oregon Laws 2013 (Enrolled House Bill
2859), + } { - of this 2013 Act - } on and after January 1,
2014.
SECTION 19. If House Bill 2240 becomes law, section 105,
chapter ___, Oregon Laws 2013 (Enrolled House Bill 2859), is
amended to read:
{ + Sec. 105. + } Sections 1 and 99 { + , chapter ___, Oregon
Laws 2013 (Enrolled House Bill 2859) + } { - of this 2013
Act - } , the amendments to ORS 1.198, 18.784, 18.838, 18.847,
25.381, 30.800, 93.967, 93.969, 97.939, 108.725, 109.811,
113.085, 113.086, 114.305, 114.515, 114.517, 115.125, 115.195,
125.170, 130.425, 166.715, 179.505, 183.458, 192.588, 293.231,
314.860, 409.010, 410.150, 410.490, 411.010, 411.070, 411.081,
411.087, 411.095, 411.119, 411.141, 411.159, 411.400, 411.402,
411.404, 411.406, 411.408, 411.435, 411.439, 411.443, 411.610,
411.620, 411.630, 411.632, 411.635, 411.640, 411.660, 411.670,
411.675, 411.690, 411.694, 411.703, 411.795, 411.802, 411.965,
411.967, 411.969, 411.970, 413.109, 413.175, 414.025, 414.041,
414.065, 414.095, 414.115, { - 414.231, - } 414.428, 414.534,
414.536, 414.706, 414.709, 414.727, 414.736, 414.740,
{ - 414.841, 414.842, 414.848, 414.862, - } 416.340, 416.350,
419B.373, 419C.550, 426.300, 435.215, 689.778 and 735.625 and
section 6, chapter 290, Oregon Laws 1987, section 9, chapter 736,
Oregon Laws 2003, section 20, chapter 595, Oregon Laws 2009, and
section 1, chapter 867, Oregon Laws 2009, by sections 3 to
97 { + , chapter ___, Oregon Laws 2013 (Enrolled House Bill
2859), + } { - of this 2013 Act - } and the repeal of ORS
411.431, 411.432, 414.707, 414.708, 414.750, 414.866, 414.868,
414.870 and 414.872 by section 98 { + , chapter ___, Oregon Laws
2013 (Enrolled House Bill 2859), + } { - of this 2013 Act - }
become operative January 1, 2014.
SECTION 20. If House Bill 2240 or House Bill 2859 becomes law,
section 42, chapter ___, Oregon Laws 2013 (Enrolled House Bill
3458), is amended to read:
{ + Sec. 42. + } (1) ORS 414.868, 414.872, 735.614, 735.640
and 746.222 and section 1, chapter 803, Oregon Laws 2009, are
repealed January 1, 2014.
(2) Sections 1, 2, 4 and 4a { + , chapter ___, Oregon Laws 2013
(Enrolled House Bill 3458), + } { - of this 2013 Act - } and
ORS { - 414.866, 414.870, - } 735.600, 735.605, 735.610,
735.612, 735.615, 735.616, 735.620, 735.625, 735.630, 735.635,
735.645 and 735.650 are repealed July 1, 2017.
SECTION 21. If House Bill 3458 becomes law, section 65, chapter
___, Oregon Laws 2013 (Enrolled House Bill 2240), is amended to
read:
{ + Sec. 65. + } ORS 414.831, 414.841, 414.842, 414.844,
414.846, 414.848, 414.851, 414.852, 414.854, 414.856, 414.858,
414.861, 414.862, 414.864, 414.866, 414.868, 414.870, 414.872,
{ - 735.616, - } 735.700, 735.701, 735.702, 735.703, 735.705,
735.707, 735.709, 735.710, 735.712, 743.549, 743.760 and 743.761
are repealed January 1, 2014.
SECTION 22. { + If House Bill 3458 becomes law, sections 54
(amending ORS 731.036) and 55 (amending ORS 735.625), chapter
___, Oregon Laws 2013 (Enrolled House Bill 2240), are
repealed. + }
Enrolled House Bill 2087 (HB 2087-B) Page 21
SECTION 23. If House Bill 3458 becomes law, section 64, chapter
___, Oregon Laws 2013 (Enrolled House Bill 2240), is amended to
read:
{ + Sec. 64. + } Sections 2 to 6 and 40 { + , chapter ___,
Oregon Laws 2013 (Enrolled House Bill 2240), + } { - of this
2013 Act - } and the amendments to ORS 192.556, 410.080,
413.011, 413.032, 413.201, 414.041, 414.231, 414.826, 414.828,
414.839, 433.443, { - 731.036, 735.625, - } 741.300, 743.018,
743.019, 743.405, 743.417, 743.420, 743.522, 743.524, 743.526,
743.528, 743.550, 743.552, 743.560, 743.610, 743.731, 743.733,
743.736, 743.737, 743.745, 743.748, 743.751, 743.752, 743.754,
743.757, 743.766, 743.767, 743.769, 743.777, 743.801, 743.804,
743.894, 743A.090, 743A.192, 746.015 and 746.045 and section 1,
chapter 867, Oregon Laws 2009, by sections 10 to 16, 18, 19, 21
to 30, 32 to 37, 42 to 58, 60, 61 and 61a { + , chapter ___,
Oregon Laws 2013 (Enrolled House Bill 2240), + }
{ - of this 2013 Act - } become operative January 1, 2014.
SECTION 24. { + Section 94 (amending section 6, chapter 290,
Oregon Laws 1987), chapter ___, Oregon Laws 2013 (Enrolled House
Bill 2859), is repealed. + }
SECTION 25. Section 104, chapter ___, Oregon Laws 2013
(Enrolled House Bill 2859), is amended to read:
{ + Sec. 104. + } The Oregon Health Authority, the Department
of Human Services and the Oregon Health Insurance Exchange
Corporation may take any action prior to January 1, 2014,
necessary to carry out sections 1 and 99 { + , chapter ___,
Oregon Laws 2013 (Enrolled House Bill 2859) + } { - of this
2013 Act - } , the amendments to ORS 1.198, 18.784, 18.838,
18.847, 25.381, 30.800, 93.967, 93.969, 97.939, 108.725, 109.811,
113.085, 113.086, 114.305, 114.515, 114.517, 115.125, 115.195,
125.170, 130.425, 166.715, 179.505, 183.458, 192.588, 293.231,
314.860, 409.010, 410.150, 410.490, 411.010, 411.070, 411.081,
411.087, 411.095, 411.119, 411.141, 411.159, 411.400, 411.402,
411.404, 411.406, 411.408, 411.435, 411.439, 411.443, 411.610,
411.620, 411.630, 411.632, 411.635, 411.640, 411.660, 411.670,
411.675, 411.690, 411.694, 411.703, 411.795, 411.802, 411.965,
411.967, 411.969, 411.970, 413.109, 413.175, 414.025, 414.041,
414.065, 414.095, 414.115,
{ - 414.231, - } 414.428, 414.534, 414.536, 414.706, 414.709,
414.727, 414.736, 414.740, 414.841, 414.842, 414.848, 414.862,
416.340, 416.350, 419B.373, 419C.550, 426.300, 435.215, 689.778
and 735.625 and { - section 6, chapter 290, Oregon Laws
1987, - } section 9, chapter 736, Oregon Laws 2003, section 20,
chapter 595, Oregon Laws 2009, and section 1, chapter 867, Oregon
Laws 2009, by sections 3 to 97 { + , chapter ___, Oregon Laws
2013 (Enrolled House Bill 2859), + } { - of this 2013 Act - }
and the repeal of ORS 411.431, 411.432, 414.707, 414.708,
414.750, 414.866, 414.868, 414.870 and 414.872 by section
98 { + , chapter ___, Oregon Laws 2013 (Enrolled House Bill
2859), + } { - of this 2013 Act - } on and after January 1,
2014.
SECTION 26. Section 105, chapter ___, Oregon Laws 2013
(Enrolled House Bill 2859), is amended to read:
{ + Sec. 105. + } Sections 1 and 99 { + , chapter ___, Oregon
Laws 2013 (Enrolled House Bill 2859) + } { - of this 2013
Act - } , the amendments to ORS 1.198, 18.784, 18.838, 18.847,
25.381, 30.800, 93.967, 93.969, 97.939, 108.725, 109.811,
113.085, 113.086, 114.305, 114.515, 114.517, 115.125, 115.195,
125.170, 130.425, 166.715, 179.505, 183.458, 192.588, 293.231,
314.860, 409.010, 410.150, 410.490, 411.010, 411.070, 411.081,
Enrolled House Bill 2087 (HB 2087-B) Page 22
411.087, 411.095, 411.119, 411.141, 411.159, 411.400, 411.402,
411.404, 411.406, 411.408, 411.435, 411.439, 411.443, 411.610,
411.620, 411.630, 411.632, 411.635, 411.640, 411.660, 411.670,
411.675, 411.690, 411.694, 411.703, 411.795, 411.802, 411.965,
411.967, 411.969, 411.970, 413.109, 413.175, 414.025, 414.041,
414.065, 414.095, 414.115, { - 414.231, - } 414.428, 414.534,
414.536, 414.706, 414.709, 414.727, 414.736, 414.740, 414.841,
414.842, 414.848, 414.862, 416.340, 416.350, 419B.373, 419C.550,
426.300, 435.215, 689.778 and 735.625 and
{ - section 6, chapter 290, Oregon Laws 1987, - } section 9,
chapter 736, Oregon Laws 2003, section 20, chapter 595, Oregon
Laws 2009, and section 1, chapter 867, Oregon Laws 2009, by
sections 3 to 97 { + , chapter ___, Oregon Laws 2013 (Enrolled
House Bill 2859), + } { - of this 2013 Act - } and the repeal
of ORS 411.431, 411.432, 414.707, 414.708, 414.750, 414.866,
414.868, 414.870 and 414.872 by section 98 { + , chapter ___,
Oregon Laws 2013 (Enrolled House Bill 2859), + } { - of this
2013 Act - } become operative January 1, 2014.
SECTION 27. { + If House Bill 2216 becomes law, section 95
(amending section 9, chapter 736, Oregon Laws 2003), chapter ___,
Oregon Laws 2013 (Enrolled House Bill 2859), is repealed. + }
SECTION 28. If House Bill 2216 becomes law, section 104,
chapter ___, Oregon Laws 2013 (Enrolled House Bill 2859), is
amended to read:
{ + Sec. 104. + } The Oregon Health Authority, the Department
of Human Services and the Oregon Health Insurance Exchange
Corporation may take any action prior to January 1, 2014,
necessary to carry out sections 1 and 99 { + , chapter ___,
Oregon Laws 2013 (Enrolled House Bill 2859) + } { - of this
2013 Act - } , the amendments to ORS 1.198, 18.784, 18.838,
18.847, 25.381, 30.800, 93.967, 93.969, 97.939, 108.725, 109.811,
113.085, 113.086, 114.305, 114.515, 114.517, 115.125, 115.195,
125.170, 130.425, 166.715, 179.505, 183.458, 192.588, 293.231,
314.860, 409.010, 410.150, 410.490, 411.010, 411.070, 411.081,
411.087, 411.095, 411.119, 411.141, 411.159, 411.400, 411.402,
411.404, 411.406, 411.408, 411.435, 411.439, 411.443, 411.610,
411.620, 411.630, 411.632, 411.635, 411.640, 411.660, 411.670,
411.675, 411.690, 411.694, 411.703, 411.795, 411.802, 411.965,
411.967, 411.969, 411.970, 413.109, 413.175, 414.025, 414.041,
414.065, 414.095, 414.115,
{ - 414.231, - } 414.428, 414.534, 414.536, 414.706, 414.709,
414.727, 414.736, 414.740, 414.841, 414.842, 414.848, 414.862,
416.340, 416.350, 419B.373, 419C.550, 426.300, 435.215, 689.778
and 735.625 and section 6, chapter 290, Oregon Laws 1987,
{ - section 9, chapter 736, Oregon Laws 2003, - } section 20,
chapter 595, Oregon Laws 2009, and section 1, chapter 867, Oregon
Laws 2009, by sections 3 to 97 { + , chapter ___, Oregon Laws
2013 (Enrolled House Bill 2859), + } { - of this 2013 Act - }
and the repeal of ORS 411.431, 411.432, 414.707, 414.708,
414.750, 414.866, 414.868, 414.870 and 414.872 by section
98 { + , chapter ___, Oregon Laws 2013 (Enrolled House Bill
2859), + } { - of this 2013 Act - } on and after January 1,
2014.
SECTION 29. If House Bill 2216 becomes law, section 105,
chapter ___, Oregon Laws 2013 (Enrolled House Bill 2859), is
amended to read:
{ + Sec. 105. + } Sections 1 and 99 { + , chapter ___, Oregon
Laws 2013 (Enrolled House Bill 2859) + } { - of this 2013
Act - } , the amendments to ORS 1.198, 18.784, 18.838, 18.847,
25.381, 30.800, 93.967, 93.969, 97.939, 108.725, 109.811,
Enrolled House Bill 2087 (HB 2087-B) Page 23
113.085, 113.086, 114.305, 114.515, 114.517, 115.125, 115.195,
125.170, 130.425, 166.715, 179.505, 183.458, 192.588, 293.231,
314.860, 409.010, 410.150, 410.490, 411.010, 411.070, 411.081,
411.087, 411.095, 411.119, 411.141, 411.159, 411.400, 411.402,
411.404, 411.406, 411.408, 411.435, 411.439, 411.443, 411.610,
411.620, 411.630, 411.632, 411.635, 411.640, 411.660, 411.670,
411.675, 411.690, 411.694, 411.703, 411.795, 411.802, 411.965,
411.967, 411.969, 411.970, 413.109, 413.175, 414.025, 414.041,
414.065, 414.095, 414.115, { - 414.231, - } 414.428, 414.534,
414.536, 414.706, 414.709, 414.727, 414.736, 414.740, 414.841,
414.842, 414.848, 414.862, 416.340, 416.350, 419B.373, 419C.550,
426.300, 435.215, 689.778 and 735.625 and section 6, chapter 290,
Oregon Laws 1987, { - section 9, chapter 736, Oregon Laws
2003, - } section 20, chapter 595, Oregon Laws 2009, and section
1, chapter 867, Oregon Laws 2009, by sections 3 to 97 { + ,
chapter ___, Oregon Laws 2013 (Enrolled House Bill 2859), + }
{ - of this 2013 Act - } and the repeal of ORS 411.431,
411.432, 414.707, 414.708, 414.750, 414.866, 414.868, 414.870 and
414.872 by section 98 { + , chapter ___, Oregon Laws 2013
(Enrolled House Bill 2859), + } { - of this 2013 Act - }
become operative January 1, 2014.
SECTION 30. { + 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. + }
----------
Passed by House June 25, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate June 29, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2087 (HB 2087-B) Page 24
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2087 (HB 2087-B) Page 25
