Legislative summary
Department-wide impact
Children, Adult and Family Services
Health Services
Seniors and People with Disabilities Services
For more information, including a more comprehensive list of bills affecting
the Department and its clients, see the "About DHS" section of the
Department's Web page.
DEPARTMENT-WIDE IMPACT
Criminal Fine and Assessment Public Safety Fund HB 2877
Changes the distribution formula for these funds, removing "Driving Under
the Influence of an Intoxicant (DUII)" services as a priority item. Will
impact Department-funded services beginning in 2003.
Criminal Fines and Assessment Public Safety Fund HB 5050
Includes
funding for domestic violence programs, child abuse multidisciplin-ary teams,
regional assessment centers, emergency medical services, and the intoxicated
driver program fund. This bill provides interim funding for Driving Under the
Influence of Intoxicants (DUII) services. See HB 2877.
DHS Budget SB 5527
Funds the majority of the Department's programs.
(See the budget breakdowns beginning on page 42 for more detail.)
DHS Reorganization HB 2294
Abolishes the divisions and positions
of assistant directors for the Department of Human Services. Requires the Department
to report on reorganization progress to each meeting of the Legislative Emergency
Board.
End of Session Bill HB 5014
Includes funding for a variety of
projects, programs and services. Includes funding for the Home Care Commission,
local mental health planning, prescription drug assistance program, Food Stamp
outreach, state employee compensation, senior and disabled transportation, medical
assistance programs, public health programs and independent living programs.
Health Care Trust Fund HB 3951
Establishes the Health Care Trust Fund for money paid to the state by tobacco
product manufacturers under the Master Settlement Agreement of 1998.
Medicare Upper Payments Limit SB 963
Creates an account appropriated
to the Department of Administrative Services for health-related purposes.
Oregon Children's Plan HB 3659
Directs the State Commission on Children and Families, Department of Education,
and the Department of Human Services to jointly lead an effort to establish
policies for a statewide early childhood system. This plan will provide for
voluntary screening of all firstborn children for both medical and social risks,
and will increase services available to children and families through the state
and counties. The Legislature appropriated $60 million for this initiative.
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CHILDREN, ADULT AND FAMILY SERVICES
Adoptions and Safe Families Act Changes SB 419
Amends several
statutes to bring Oregon into compliance with the federal interpretation of
the Adoption and Safe Families Act (ASFA). This bill will allow changes to keep
the Department in compliance with federal laws.
At-Home Infant Care Pilot Program HB 3444
Directs the Department
to develop a pilot program serving a maximum of 200 families who are eligible
for Temporary Assistance for Needy Families but choose to stay at home for up
to one year to care for an infant. The amount of assistance would be 75 percent
of the rate that would be paid to a provider for infant care. This will take
effect only if the state is able to obtain a waiver from the federal Department
of Health and Human Services allowing the use of child care block grant funds
for this purpose.
Community-based Foster Care HB 2491
Allows the Department, in
consultation with local Commissions on Children and Families, to establish community-based
foster care demonstration projects. This bill parallels the Annie E. Casey "Family
to Family" grant awarded to the Department last year.
JOBS Plus SB 874
Reduces reimbursements to JOBS Plus employers
of Unemployment Insurance (UI) claimants. DHS clients receiving UI benefits
will be considered a UI/JOBS Plus participants. In addition, for those families,
JOBS Plus wages will be treated as countable income when calculating public
assistance and Food Stamp benefits.
Safe Surrender SB 199
Allows a parent to leave an infant who is
30 days of age or younger with an employee at an authorized facility. Guarantees
the parent's anonymity so long as the infant shows no sign of abuse. Grants
immunity for authorized facility acting in good faith. Requires authorized facility
to notify the Department, which shall take protective custody of infant. The
Health Division is responsible for developing the public-awareness campaign.
Termination of Parental Rights HB 3669
Expands grounds for terminating
parental rights to include exposing a child to the storage or production of
methamphetamine. The court shall consider the extent of the child's exposure
and the potential harm to the physical health of the child.
Wilderness Camps HB 3330
Requires wilderness programs to receive a license and oversight from the
Department. An advisory board of wilderness program providers will assist in
the development of administrative rules.
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HEALTH SERVICES
Attorneys for Public Assistance Clients SB 392
Requires attorneys
representing applicants for, or recipients of, public assistance to notify the
Department and the client's prepaid managed-care health plan when the client
makes a claim or begins an action for damages because of personal injuries.
Breast and Cervical Cancer Screening HB 3214
Expands access to
treatment for women who have been diagnosed with breast or cervical cancer through
the Centers for Disease Control Screening Program.
County Mental Health Comprehensive Plan HB 3024
Prescribes a comprehensive
county planning process to identify a full range of mental health services that
must be available in each county. The array of services must cover the full
continuum of care from prevention to secure residential services. Of the $7.5
million appropriated, $1 million is to be available to counties for plan development
in 2001-02 and $6.5 million for services after local plans are approved.
EMS-C SB 243
Expands emergency medical services to children by
requiring DHS to provide advice and technical assistance to state and local
trauma advisory boards regarding emergency services for children. It also establishes
an Emergency Medical Services for Children Advisory Committee.
Health Care Interpreters SB 790
Establishes Council on Health
Care Interpreters in the Department to improve access to health care for people
with limited English proficiency.
Hepatitis A Vaccination SB 482
Requires the Department to consult with medical community and others to develop
a plan, to be implemented by July 1, 2006, to include hepatitis A and pneumococcal
conjugate vaccines in the immunization requirements for school and school-based
day care entry. Also states the Department may not purchase or distribute a
pediatric vaccine necessary for school entry immunization if the vaccine contains
thimerosal.
Hospital Nursing Staffing Plan HB 2800
Requires acute inpatient
care facilities to develop and implement a nursing staff plan and establish
an internal review process. The bill imposes civil penalties for individuals,
and license suspension or revocation for the health care facility for violation.
"Nursing staff" includes assistive nursing personnel at Oregon State
Hospital and Eastern Oregon Psychiatric Center.
Joint Interim Task Force on Mental Health Parity HB 3015
Establishes
a joint legislative task force to study issues relating to parity for mental
health coverage in health insurance plans. The task force must report its findings
to the next legislative assembly.
Mental Health Facilities Information Release HB 2398
Provides
for release of "comfort information" to family members about the status
of a person in a hospital pending a civil commitment proceeding. This information
includes verification of the person's presence, condition and diagnosis. Release
requires the person's consent. If unable to give consent, only information about
the person's presence will be provided.
Mental Health Services - Community Programs SB 144
Requires the
Department to produce a comprehensive plan for providing mental health services.
The plan is to be based on local plans produced by local community mental health
programs and be consistent with the findings of the January 2001 report produced
by the Governor's Mental Health Alignment Work Group.
Mental Health Tribal Contracts SB 385
Allows the Department to
contract for community mental health and developmental disability services with
Native American tribes whose reservations are in only one county. The law had
required that the tribe's land be in two or more counties before a direct contract
can occur. This change recognizes tribes' sovereign status as described in Executive
Order 96-30.
Newborn Metabolic Screening Program HB 2268
Raises fee cap so
Oregon can acquire a new technology called Tandem Mass Spectrometry. The technology
significantly improves screening of newborns for rare and potentially deadly
metabolic disorders. The Department's Public Health Lab operates the Northwest
Regional Newborn Screening Program for Idaho, Alaska, Nevada and Hawaii, testing
130,000 newborns a year.
Oregon Health Plan 2 HB 2519
Expands access to health coverage
for Oregonians with incomes up to 185 percent of the federal poverty level.
Outpatient Dialysis Facility Licensure HB 2241
Requires outpatient
renal dialysis facilities to be licensed by the Department. Establishes an annual
fee of $1,500.
Pain Management Commission SB 885
Creates a pain-management commission
in the Department and establishes educational requirements for medical providers.
Practitioner-managed Prescription Drug Plan SB 819
This "formulary" bill, now called the Practitioner-managed Prescription
Drug Plan, was a high priority for the Governor. It is particularly important
because of its potential to significantly contain drug costs.
Prescription Drug Assistance SB 9
Creates the Patient Prescription
Drug Assistance Program to match low-income Oregonians with programs providing
reduced-cost medication. Also creates the Senior Prescription Drug Assistance
Program for low-income seniors. This program will provide enrollees with up
to $2,000 in assistance. Savings from the implementation of SB 819, the formulary,
will fund this new program.
Restaurant Inspection Fees HB 2256
Establishes new fee schedules
for certain food-service facilities. Changes fee assessed for reinstatement
of expired license to operate certain food service facilities. Expands authority
of qualifying counties to administer laws governing food service facilities.
Allows private food handler training programs to have same reciprocity agreements
as county and state programs.
Seclusion and Restraint HB 2626
Brings Oregon into compliance
with federal rules for seclusion and restraint of children in psychiatric residential-treatment
facilities. Facilities serving children under 21 must have, at minimum, one
licensed practitioner available at all times. The bill gives the Department
authority to license Qualified Mental Health Professionals to provide these
services necessary for continued federal funding of the state's eight psychiatric
residential treatment facilities.
Small Water System Certification HB 2239
Requires operators of
water systems serving ground water to fewer than 150 service connections to
be certified. This bill makes an additional 2,000 operators of about 900 small
public water systems subject to certification. The Department will not charge
fees for this certification.
Smoking Pre-emption HB 2828
Pre-empts ability of local government
to pass anti-smoking ordinances with stricter standards than state law. Grandfathers
in local ordinances passed prior to July 1, 2001. Bans smoking statewide in
places of employment with several exceptions. The exceptions include: retail
shops selling tobacco and tobacco products, restaurants or areas of restaurants
that are off-limits to minors, bars or taverns off-limits to minors, bingo parlors,
bowling alleys, hotel or motel rooms designated as "smoking," employee
lounges not accessible to minors. Despite the exceptions, this bill will rapidly
increase the number of smoke-free workplaces in Oregon.
Tobacco Tax HB 3433
Extends sunset on the 10-cent tobacco tax
for the Oregon Health Plan until 2004 and limits cigar taxes to 50 cents per
cigar.
Treatment First Act SB 914
This bill, which passed along with
two companion bills associated with criminal and civil forfeiture, provides
additional funding for drug treatment for some offender populations. The bill
was developed by a collaboration of legislators, criminal justice professionals,
court administration, the judiciary, district attorneys and treatment professionals.
Vaccine Shortage Emergency HB 3339
Gives the State Health Officer the authority to develop an emergency prioritization
plan in the event of vaccine shortages, and to mobilize resources to help in
distributing and administering vaccines. Provides a $500 civil penalty for health-care
providers who knowingly violate plan guidelines.
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SENIORS AND PEOPLE WITH DISABILITIES SERVICES
Alternate Facility Survey SB 512
Requires the Department to establish
a demonstration project to explore alternate processes to ensure the quality
of facility-based long-term care. The goal: to "develop alternate approaches
to achieve regulatory compliance." Requires the Department to apply for
necessary waivers and establishes the Senior Consumer Advisory Committee.
Complaint Investigations SB 210
Requires the Department to clearly
designate the outcome of complaint investigations in all internal and public
access complaint files.
Developmental Disability Foster Care SB 756
Allows a person with
a developmental disability who is age 18 to 22 to remain in a designated foster
home for children with developmental disabilities. Although the Department allows
youth to stay in child foster homes until age 22, this bill allows individuals
served by mental health and developmental disability programs to have an option
to stay in a child foster home until age 22. This bill provides families with
more choices to support their children.
Estate Recoveries HB 2243
Allows the Department to recover from
estates of people under age 65 if they are permanently institutionalized.
Home Care Commission HB 3816
Implements Ballot Measure 99, which
created the Home Care Commission. Establishes the process for collective bargaining
by home-care workers. Funded through HB 5014.
Moratorium on Assisted Living Facilities HB 3212
Establishes a
moratorium on the construction of new assisted living facilities.
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