Bill Text: OR HB2087 | 2013 | Regular Session | Engrossed

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

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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-Engrossed.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 343

                           A-Engrossed

                         House Bill 2087
                  Ordered by the House April 18
            Including House Amendments dated April 18

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)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

    { - Requires Oregon Health Authority to submit written report
on legislative changes that will need to be made during 2015
regular session of Legislative Assembly to align state law with
federal laws concerning health care delivery. - }
   { +  Authorizes designee of local correctional facility,
Department of Corrections institution or youth correction
facility to apply for medical assistance on behalf of person
residing in facility or institution, in order to qualify person
for medical assistance coverage of hospitalization occurring
outside facility or institution. Authorizes designee to obtain
otherwise confidential information, including Social Security
number, only for purposes of applying for assistance and
prohibits redisclosure of information without authorization from
resident of facility or institution. + }
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to health care delivery; amending ORS 414.440 and
  419C.550; 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.
  (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.  { + 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. + }
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