2015 Oregon Legislative Session The 2015 Oregon legislative is in session! What follows is a summary and status update of proposed health care related bills. To read the full-text of a particular bill follow the links provided. Bills must pass in their chamber of origin and have a work session scheduled in the second chamber by May 22 or perish. Bills referred to joint committees, Ways and Means, Senate Committee on Finance and Revenue, House Committee on Revenue, Senate and House Committees on Rules are exempt from that deadline. For more information, please send an e-mail to our Health Care attorneys, Jeff Kirtner and Andy Lewis. Senate Bills Linked Bill SB 1 Summary Status This bill abolishes the Oregon Health Insurance Exchange Corporation and transfers Governor signed. its functions and duties to the Department of Consumer and Business Services. Effective date March 6, 2015. SB 153A This bill enables nurse practitioners and physician assistants to obtain reimbursement Passed in the Senate and House for primary care and mental health services using their own or a physician’s provider with amendments. number. Awaiting Signatures. SB 230B This bill expands the current law requiring certain health care workers to submit Passed in the Senate and with demographic, education and other information to health care worker regulatory amendments. boards to all health care workers. Awaiting signatures. This summary provides general information and should not be construed as legal advice or a legal opinion on any specific facts or circumstances. If you have specific legal questions, you are urged to consult with your attorney concerning your own situation. Brought to you by the Labor and Employment attorneys at Hershner Hunter, LLP. ©Hershner Hunter, LLP SB 279 This bill designates the Oregon Medical Board as a semi-independent state agency. Senate Committee on Health Care recommended passage. Referred to Ways and Means. SB 282A This bill prohibits an individual from using the title “nurse” unless that individual holds Passed in the Senate and House a nursing degree or certificate and is licensed to practice the health care profession in with amendments. which the degree or certificate was earned. Awaiting Governor’s signature. SB 283 This bill prohibits an individual from using the title “Advanced Practice Registered Passed in the Senate with Nurse” or the abbreviation “APRN” unless the individual is a clinical nurse specialist, amendments. nurse practitioner or certified registered nurse anesthetist. House Committee on Health Care recommended passage. Awaiting third reading. SB 284 This bill prohibits an individual from using the title “Certified Nursing Assistant,” Passed in the Senate and House. “nursing assistant” or “nurse aide” or the abbreviation “CNA” unless the individual is Awaiting Governor’s signature. certified by the Oregon State Board of Nursing and meets certain other criteria. SB 285 This bill prohibits an individual from using the title “medication aide” or “Certified Passed in the Senate and House. Medication Aide” or the abbreviation “CMA” unless the individual is a certified nursing Awaiting Governor’s signature. assistant and meets certain other criteria established by the Oregon State Board of Nursing. SB 301A This bill specifies which services to be performed by an expanded practice dental Passed in the Senate and House hygienist must be included in an agreement between an expanded practice dental with amendments. hygienist and the dentist. Awaiting Governor’s signature. SB 547A This bill creates a nurse emeritus license to permit certain retired nurses to engage in Passed in the Senate and House volunteer nursing. with amendments. Awaiting Governor’s signature. SB 648 This bill expands the scope of the Central Oregon Health Council. Passed in the Senate and House. Awaiting Governor’s signature. This summary provides general information and should not be construed as legal advice or a legal opinion on any specific facts or circumstances. If you have specific legal questions, you are urged to consult with your attorney concerning your own situation. Brought to you by the Labor and Employment attorneys at Hershner Hunter, LLP. ©Hershner Hunter, LLP SB 663A This bill changes the governmental framework for conducting public health activities Senate Committee on Health Care in this state and for providing public health services to residents of this state. recommended passage with amendments. Referred to Senate Committee on Finance and Revenue. Public hearings and work sessions held. Work session scheduled for June 4. SB 679 This bill creates a Medicaid Management Information System Oversight Committee to Senate Committee on Health Care monitor progress of improvements to Oregon’s mechanized claim processing system recommended passage. for Medicaid claims. Referred to Ways and Means. SB 684 This bill permits the Oregon Medical Board to issue a limited license to practice Passed in the Senate. medicine to a physician licensed in another state or country who holds a full-time Referred to House Committee on professor appointment at a school of medicine in Oregon. Health Care. Public hearing and work sessions held. SB 701A This bill modifies the process for independent medical examinations of injured Senate Committee on Workforce workers to provide for random selection of qualified physicians to conduct recommended amended bill be independent medical examinations in workers’ compensation cases. referred to Ways and Means without recommendation as to passage. Referred to Ways and Means. This summary provides general information and should not be construed as legal advice or a legal opinion on any specific facts or circumstances. If you have specific legal questions, you are urged to consult with your attorney concerning your own situation. Brought to you by the Labor and Employment attorneys at Hershner Hunter, LLP. ©Hershner Hunter, LLP SB 832A This bill requires the Oregon Health Authority to provide grants for integrating mental health and physical health services to coordinated care organizations that meet standards prescribed by the OHA, and prohibits CCOs from restricting access to mental health services. Senate Committee on Human Services and Early Childhood recommended passage with amendments. Referred to Rules. Work sessions held. SB 833 This bill requires the Oregon Health Authority to give coordinated care organizations Passed in the Senate. at least 30 days’ advance notice of proposed amendments to contracts. Referred to House Committee on Health Care. Public hearing and work session held. SB 841A This bill modifies the requirements for health plan coverage of prescription drugs Senate Committee on Health Care dispensed in accordance with synchronization policy. recommended passage with amendments. Referred to Ways and Means. SB 845A This bill imposes a penalty on large employers whose employees receive health care Senate Committee on Workforce coverage through medical assistance program as an incentive to provide private recommended passage with coverage to those employees. amendments. Referred to Ways and Means. SB 874A This bill requires the Oregon Health Authority to provide or contract for the provision Passed in the Senate with of training on adrenal insufficiency for EMS personnel and RNs. amendments. House Committee on Health Care recommended passage. Awaiting third reading. This summary provides general information and should not be construed as legal advice or a legal opinion on any specific facts or circumstances. If you have specific legal questions, you are urged to consult with your attorney concerning your own situation. Brought to you by the Labor and Employment attorneys at Hershner Hunter, LLP. ©Hershner Hunter, LLP SB 880 SB 900A This bill exempts for-profit and nonprofit business entities (if they provide only palliative care or operate a rural health clinic) from the requirement that licensed physicians hold a majority of voting stock in the professional corporation organized for the purpose of practicing medicine, or that they constitute a majority of directors of the professional corporation. Passed in the Senate. Referred to House Committee on Health Care. Public hearing held. This bill requires the Oregon Health Authority to be responsible for posting to its Senate Committee on Health Care website health care price data for in-patient and out-patient hospital services. recommended passage with amendments. Referred to Ways and Means. SB 901A This bill requires an insurer to directly reimburse providers for medical, surgical and Passed in the Senate with nursing services provided to an insured. amendments. House Committee on Health Care recommended passage with amendments. Awaiting third reading. SB 905A This bill adds one physician assistant to the Oregon Medical Board. Passed in the Senate and House with amendments. Awaiting enrollment. SJM 4 This bill urges Congress to enact legislation to update 42 C.F.R. Part 2 to allow Carried in the Senate and House. health care providers for same patient to share treatment information while Awaiting Governor’s signature. maintaining appropriate levels of confidentiality and protections against disclosure. This summary provides general information and should not be construed as legal advice or a legal opinion on any specific facts or circumstances. If you have specific legal questions, you are urged to consult with your attorney concerning your own situation. Brought to you by the Labor and Employment attorneys at Hershner Hunter, LLP. ©Hershner Hunter, LLP House Bills Linked Bill HB 2028A Summary Status This bill permits a pharmacist to engage in the practice of clinical pharmacy and Passed in the House and Senate provide patient care services to patients. with amendments. Awaiting signatures. HB 2203 HB 2300A This bill modifies the duties of the Oregon Health Insurance Exchange Corporation Referred to Joint Committee on and authorizes the use of federal technology for the health insurance exchange. Health Insurance Transition. This bill creates the method by which a health care practitioner may offer to treat a Passed in the House with patient who has a terminal disease with a drug or device not approved by the FDA. amendments. (See SB 543). Referred to Senate Committee on Health Care. Public hearing and work session held. HB 2302A This bill modifies the definition of “prepaid managed care health services House Committee on Health Care organization.” recommended amended bill be referred to Ways and Means without recommendation as to passage. . Referred to Ways and Means, subcommittee on Human Services. HB 2307A HB 2395 This bill prohibits mental health care professionals and social health professionals Governor signed. from providing any service to a person under 18 years of age for the purpose of Effective date May 18, 2015. attempting to change the person’s sexual orientation or gender identity. This bill provides healthcare funding over the next two budget cycles. Governor signed. Effective date March 23, 2015. This summary provides general information and should not be construed as legal advice or a legal opinion on any specific facts or circumstances. If you have specific legal questions, you are urged to consult with your attorney concerning your own situation. Brought to you by the Labor and Employment attorneys at Hershner Hunter, LLP. ©Hershner Hunter, LLP HB 2466A This bill modifies the requirements for health benefit plans consistent with federal law. Passed in the House with amendments. Referred to Senate Committee on Health Care. Public hearing and work session held. HB 2468A This bill specifies the requirements for the scope of an insurer’s network of providers. Governor signed. Effective date January 1, 2016. HB 2546B This bill defines “inhalant delivery system,” and amends laws concerning sale of Governor signed. tobacco products to, and use of tobacco products by, minors so those laws equally Effective date May 26. apply to inhalant delivery systems. HB 2551A This bill requires covered entities to report annually on system safeguards for Governor signed. protecting the confidentiality of individually identifiable health information. Effective date January 1, 2016. HB 2560A This bill requires a health benefit plan to cover the cost of a colonoscopy for an Governor signed. insured who is 50 years of age or older and who has a positive fecal immunochemical Effective date January 1, 2016. test result. HB 2696A This bill requires the Oregon Health Authority to collaborate with coordinated care Passed in the House with organizations to develop uniform audit processes and forms to be used by the amendments. Authority and contractors of the Authority. Referred to Senate Committee on Health Care. Public hearing and work session held. This summary provides general information and should not be construed as legal advice or a legal opinion on any specific facts or circumstances. If you have specific legal questions, you are urged to consult with your attorney concerning your own situation. Brought to you by the Labor and Employment attorneys at Hershner Hunter, LLP. ©Hershner Hunter, LLP HB 2758A This bill prohibits a carrier or third-party administrator from disclosing to persons, Passed in the House with other than the enrollee who receives sensitive services, information relating to amendments. sensitive services provided to the enrollee. Senate Committee on Health Care recommended passage with additional amendments. Awaiting second reading. HB 2877 This bill requires the Oregon Department of Administrative Services to contract with a House Committee on Health Care private entity to evaluate progress of coordinated care organizations in achieving recommended bill be referred to goals of the Legislative Assembly. Rules without recommendation as to passage. Referred to Rules. HB 2930 HB 2934A This bill requires hospitals to adopt rules granting admitting privileges to licensed, Governor signed. certified nurse midwife nurse practitioners. Effective date January 1, 2016. This bill requires the Oregon Health Authority to submit a blueprint for basic health Passed in the House and Senate plan to Centers for Medicare and Medicaid Services by December 31, 2015. with amendments. Awaiting Governor’s signature. HB 3100A This bill changes the governmental framework for conducting public health activities House Committee on Health Care in Oregon and for providing public health services to residents of Oregon. recommended passage with amendments. Referred to Ways and Means. HB 3132 This bill expands the definition of “hospital facility” to include behavioral treatment Governor signed. facilities and family safety facilities in regard to local public authorities created to Effective date January 1, 2016. finance hospital facilities. This summary provides general information and should not be construed as legal advice or a legal opinion on any specific facts or circumstances. If you have specific legal questions, you are urged to consult with your attorney concerning your own situation. Brought to you by the Labor and Employment attorneys at Hershner Hunter, LLP. ©Hershner Hunter, LLP HB 3145 This bill requires private pay home care workers registered with the Home Care House Committee on Health Care Commission to be subject to at least same standards as licensed in-home care recommended referral to Ways and agencies. Means without recommendation as to passage. Referred to Ways and Means. HB 3343A This bill requires a medical assistance program to include 12 months of coverage for Passed in the House and Senate prescription contraceptives under specified conditions. with amendments. Awaiting signatures. HB 3427A This bill prohibits insurers from reducing reimbursement paid to health care providers House Committee on Health Care by more than five percent for more than two consecutive years, and prohibits further recommended passage with reductions without approval of the Department of Consumer and Business Services. amendments and referral to Ways and Means. Referred to Ways and Means. Dead Bills Linked Bill Summary Status SB 108 This bill prohibits abortions performed during the third trimester of pregnancy if the Referred to Judiciary. abortion is undertaken solely because of the unborn child’s known or suspected sex. This bill did not make it out of the Senate. SB 193 This bill gives a health care provider more flexibility in dealing with alternate health Referred to Judiciary. care representatives, and expands the types of advance directive forms that can be This bill did not make it out of the used. Senate. SB 309 This bill prohibits discrimination based on age, expected length of life, present or Referred to Health Care. predicted disability, degree of medical dependency or quality of life in the issuance of This bill did not make it out of the health benefit plans and in the determination of medical services covered by state Senate. medical assistance programs. This summary provides general information and should not be construed as legal advice or a legal opinion on any specific facts or circumstances. If you have specific legal questions, you are urged to consult with your attorney concerning your own situation. Brought to you by the Labor and Employment attorneys at Hershner Hunter, LLP. ©Hershner Hunter, LLP SB 310 This bill expands the definition of “public body” subject to the public meetings law to Referred to Health Care. include coordinated care organizations. This bill did not make it out of the Senate. SB 442 This bill requires the submission of documentation to school administrators for the Referred to Health Care. purposes of declining immunizations verifying that the parent has reviewed the risks This bill did not make it out of the and benefits of immunization, or a certificate verifying that the parent has completed Senate. a vaccine educational module. SB 543 This bill creates a method by which a health care practitioner may offer to treat a Referred to Health Care. patient who has a terminal disease with a drug, biological product or device not This bill did not make it out of the approved by the FDA. (See HB 2300). Senate. SB 631 This bill establishes the Health Care for All Oregon Board to develop, implement and Referred to Health Care. oversee the Health Care for All Oregon Plan to be administered by the Oregon Health Information hearing held May 4. Authority. This bill did not make it out of the Senate. SB 661 This bill requires a health benefit plan that covers opioid analgesic drug products to Referred to Health Care. cover abuse-deterrent opioid analgesic drug products, at no greater cost to the This bill did not make it out of the insured than other preferred drugs under the plan, and specifies other requirements Senate. regarding coverage. SB 673 This bill permits licensed dentists, like physicians, to administer certain immunizations Referred to Health Care. against restrictable diseases. This bill did not make it out of the Senate. SB 678 This bill requires those CCOs without contracts with a hospital (to provide in-patient Referred to Health Care. and out-patient hospital services) to reimburse the hospital at the rate approved by This bill did not make it out of the the OHA. Senate. This summary provides general information and should not be construed as legal advice or a legal opinion on any specific facts or circumstances. If you have specific legal questions, you are urged to consult with your attorney concerning your own situation. Brought to you by the Labor and Employment attorneys at Hershner Hunter, LLP. ©Hershner Hunter, LLP SB 731 This bill establishes that decisions related to immunizations are personal health care Referred to Workforce. decisions and that immunizations may not be mandated as a condition of This bill did not make it out of the employment unless required by federal law. Senate. SB 766 This bill prohibits health care providers from denying patient health care necessary to Referred to Health Care. prevent death (if the care is directed by the patient) on the basis that the patient’s This bill did not make it out of the quality of life will be of lower value, or because the health care provider disagrees Senate. with the patient’s own assessment of the value of extending the patient’s life as opposed to the risk of disability. SB 831 This bill requires coordinated care organizations to employ or contract with clinical Referred to Human Services and mental health professionals to provide mental health care and treatment to members Early Childhood. of organization. This bill did not make it out of the Senate. SB 835 This bill requires hospital emergency departments to refer for primary care any Referred to Health Care. person who presents at the emergency department but does not have a condition This bill did not make it out of the requiring emergency medical services. Senate. SB 862 This bill requires the governing body of a coordinated care organization to include a Referred to Health Care. representative from at least one dental care organization that contracts with the This bill did not make it out of the coordinated care organization. Senate. SB 891 This bill requires health care facilities to publish, in the manner prescribed by the Referred to Health Care. Oregon Health Authority, price data regarding health care services offered. This bill did not make it out of the Senate. SB 892 This bill requires the Oregon Health Authority to adopt procedures to help Referred to Health Care. coordinated care organizations assist members of the organization with the member’s This bill did not make it out of the renewal of eligibility for medical assistance. Senate. This summary provides general information and should not be construed as legal advice or a legal opinion on any specific facts or circumstances. If you have specific legal questions, you are urged to consult with your attorney concerning your own situation. Brought to you by the Labor and Employment attorneys at Hershner Hunter, LLP. ©Hershner Hunter, LLP SB 894 This bill requires health insurance policies or certificates that include prescription drug Referred to Health Care. benefits, health benefit plans and the state medical assistance program to cover This bill did not make it out of the costs of certain contraceptive, abortion, and pre- and post-partum drugs and Senate. services. HB 2032 This bill prohibits an employer or insurer from requiring an injured worker to obtain Referred to Business and Labor. nonemergency medical services from a specific provider. This bill did not make it out of the House. HB 2295 This bill provides for licensing and regulation of anesthesiologist assistants. Referred to Health Care. This bill did not make it out of the House. HB 2308 This bill clarifies the definition of “independent practice” for purposes of insurance Referred to Health Care. reimbursement for services provided by a licensed physician assistant or certified This bill did not make it out of the nurse practitioner. House. HB 2523 This bill modifies treatment limits for certain chiropractic and naturopathic physicians Referred to Health Care. who provide medical services to injured workers through a managed care This bill did not make it out of the organization. House. HB 2558 This bill directs the State Board of Pharmacy to adopt rules making nicotine a Referred to Health Care. Schedule III controlled substance. This bill did not make it out of the House. HB 2647 This bill enacts the Privacy Expectation Afterlife and Choices Act. Referred to Judiciary. This bill did not make it out of the House. HB 2697 This bill requires the Oregon Health Authority to adopt consistent, uniform policies Referred to Health Care. and procedures for the provision and reimbursement of mental and physical health This bill did not make it out of the services in medical assistance programs. House. This summary provides general information and should not be construed as legal advice or a legal opinion on any specific facts or circumstances. If you have specific legal questions, you are urged to consult with your attorney concerning your own situation. Brought to you by the Labor and Employment attorneys at Hershner Hunter, LLP. ©Hershner Hunter, LLP HB 2784 This bill requires the Director and managers of the Department of Consumer and Referred to Health Care. Business Services, the Executive Director and managers of the Oregon Health This bill did not make it out of the Insurance Exchange Corporation, and statewide elected officials who elect to obtain House. health insurance provided by the state, to select a health benefit plan offered through the health insurance exchange. HB 2918 This bill defines “vapor products.” It amends laws related to the use of tobacco Referred to Health Care. products by minors to include the use of vapor products by minors, including the This bill did not make it out of the crime of endangering the welfare of minor and other criminal offenses and civil House. penalties related to the use or acquisition of tobacco products by a minor. HB 2935 This bill requires the governing body of a coordinated care organization to include a Referred to Health Care. representative from at least one dental care organization that contracts with the This bill did not make it out of the coordinated care organization. House. HB 2951 This bill requires policies and certificates of health insurance that offer prescription Referred to Health Care. drug coverage to meet specified cost-sharing requirements. This bill did not make it out of the House. HB 2986 This bill prohibits the performance of late-term sex-selective abortion. Referred to Health Care. This bill did not make it out of the House. HB 3163 This bill prohibits a prescription drug benefit program and health benefit plan from Referred to Health Care. providing for reimbursement of a prescription drug dispensed by a mail order This bill did not make it out of the pharmacy if the prescription drug benefit program or health benefit plan does not House. provide for reimbursement of an equivalent quantity or of the prescription drug when the prescription drug is dispensed by a community pharmacy. HB 3194 This bill requires insurers to accept third-party payments for health insurance Referred to Health Care. premiums. This bill did not make it out of the House. This summary provides general information and should not be construed as legal advice or a legal opinion on any specific facts or circumstances. If you have specific legal questions, you are urged to consult with your attorney concerning your own situation. Brought to you by the Labor and Employment attorneys at Hershner Hunter, LLP. ©Hershner Hunter, LLP HB 3200 This bill prohibits health care providers and health insurers from denying patient Referred to Health Care. health care or reimbursement of costs of health care necessary to prevent death This bill did not make it out of the based on advanced age. House. HB 3241 This bill directs the Oregon Health Authority to establish standards to permit a Referred to Health Care. primary care provider in a patient-centered primary care home to refer patients to an This bill did not make it out of the available mental health provider within the same patient-centered primary care home. House. HB 3275 This bill provides that a plaintiff may not recover more than $250,000 in punitive Referred to Health Care. damages in a civil action against a health practitioner for acts or omissions that are This bill did not make it out of the within the scope of license, registration or certificate held by the health practitioner. House. HB 3285 This bill directs the Oregon Health Authority to study the effectiveness of replacing Referred to Judiciary. the current tort system with an administrative system for compensating patient This bill did not make it out of the injuries. House. HB 3289 This bill provides that a physician is the agent of the Oregon Health Authority under Referred to Judiciary. Oregon Tort Claims Act for purposes of medical services provided to a person This bill did not make it out of the enrolled in the Oregon Health Plan. House. HB 3337 This bill modifies the definition of “terminal disease” in the Oregon Death With Dignity Referred to Health Care. Act. This bill did not make it out of the House. HB 3349 This bill requires hospitals and emergency departments to maintain written charity Referred to Health Care. care policies meeting specified requirements. This bill did not make it out of the House. HB 3352 This bill requires the Oregon Health Authority to provide for specified drug and Referred to Health Care. alcohol treatment programs. This bill did not make it out of the House. This summary provides general information and should not be construed as legal advice or a legal opinion on any specific facts or circumstances. If you have specific legal questions, you are urged to consult with your attorney concerning your own situation. Brought to you by the Labor and Employment attorneys at Hershner Hunter, LLP. ©Hershner Hunter, LLP HB 3432 This bill prohibits a vision-only insurance policy from providing coverage for only Referred to Health Care. those services provided by a specified network of vision care providers. This bill did not make it out of the House. HB 3456 This bill requires a health benefit plan to reimburse the cost of care provided by a Referred to Health Care. licensed midwife at a freestanding birthing center if the care would be reimbursed if This bill did not make it out of the provided by a licensed physician or certified nurse practitioner in a hospital setting. House. This summary provides general information and should not be construed as legal advice or a legal opinion on any specific facts or circumstances. If you have specific legal questions, you are urged to consult with your attorney concerning your own situation. Brought to you by the Labor and Employment attorneys at Hershner Hunter, LLP. ©Hershner Hunter, LLP
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