1. health and fitness

2015 Oregon Legislative Session
The 2015 Oregon legislative session is in full swing. All draft measures have been introduced and referred to committees, and
committees now have until April 10 to schedule work sessions for the individual bills. What follows is a summary of proposed
health care related bills. To read the full-text of a particular bill follow the links provided. For more information, please send an
e-mail to our Healthcare 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 its Governor signed.
functions and duties to the Department of Consumer and Business Services.
Effective March 6, 2015.
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.
SB 153
This bill enables nurse practitioners and physician assistants to obtain reimbursement Passed in the Senate.
for primary care and mental health services using their own or a physician’s provider
Referred to the House Health Care
number.
Committee.
SB 193
This bill gives a health care provider more flexibility in dealing with alternate health care Referred to Judiciary.
representatives, and expands the types of advance directive forms that can be used.
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 230A
SB 279
This bill expands the current law requiring certain health care workers to submit Passed in the Senate with
demographic, education and other information to health care worker regulatory boards amendments.
to all health care workers.
Referred to the House Health Care
Committee.
This bill designates the Oregon Medical Board as a semi-independent state agency.
Referred to Joint Committee on
Ways and Means.
SB 282A
This bill prohibits an individual from using the title “nurse” unless that individual holds a Passed in the Senate with
nursing degree or certificate and is licensed to practice the health care profession in amendments.
which the degree or certificate was earned.
Referred to the House Health Care
Committee.
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.
Referred to the House Health Care
Committee.
SB 284
This bill prohibits an individual from using the title “Certified Nursing Assistant,” “nursing Passed in the Senate with
assistant” or “nurse aide” or the abbreviation “CNA” unless the individual is certified by amendments.
the Oregon State Board of Nursing and meets certain other criteria.
Referred to the House Health Care
Committee.
SB 285
This bill prohibits an individual from using the title “medication aide” or “Certified Passed in the Senate with
Medication Aide” or the abbreviation “CMA” unless the individual is a certified nursing amendments.
assistant and meets certain other criteria established by the Oregon State Board of
Referred to the House Health Care
Nursing.
Committee.
SB 301
This bill specifies which services to be performed by an expanded practice dental Referred to Health Care.
hygienist must be included in an agreement between an expanded practice dental
Public hearing held.
hygienist and the dentist.
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 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
health benefit plans and in the determination of medical services covered by state
medical assistance programs.
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.
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
Public hearing held.
and benefits of immunization, or a certificate verifying that the parent has completed a
Sponsors no longer pursuing this
vaccine educational module.
bill, new measure to be introduced.
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
approved by the FDA. (See HB 2300).
SB 547A
This bill creates a nurse emeritus license to permit certain retired nurses to engage in Passed in the Senate with
volunteer nursing.
amendments.
Referred to the House Health Care
Committee.
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
Authority.
SB 648
This bill expands the scope of the Central Oregon Health Council.
Referred to Health Care.
Public hearing and possible work
session scheduled.
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 insured
Public hearing scheduled.
than other preferred drugs under the plan, and specifies other requirements regarding
coverage.
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 663
This bill changes the governmental framework for conducting public health activities in
this state and for providing public health services to residents of this state.
Referred to Health Care.
Public hearing held.
SB 673
This bill permits licensed dentists, like physicians, to administer certain immunizations Referred to Health Care.
against restrictable diseases.
Public hearing held.
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 the
OHA.
SB 679
This bill creates a Medicaid Management Information System Oversight Committee to Referred to Health Care.
monitor progress of improvements to Oregon’s mechanized claim processing system
for Medicaid claims.
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
professor appointment at a school of medicine in Oregon.
SB 701
This bill modifies the process for independent medical examinations of injured workers Referred to Workforce.
to provide for random selection of qualified physicians to conduct independent medical
examinations in workers’ compensation cases.
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 employment
Public hearing held.
unless required by federal law.
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
quality of life will be of lower value, or because the health care provider disagrees with
the patient’s own assessment of the value of extending the patient’s life as opposed to
the risk of disability.
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 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 of Early Childhood.
organization.
Public hearing held.
Work session scheduled.
SB 832
This bill requires the Oregon Health Authority to provide grants for integrating mental Referred to Human Services and
health and physical health services to coordinated care organizations that meet Early Childhood.
standards prescribed by the OHA, and prohibits CCOs from restricting access to
Public hearing held.
mental health services.
Work session scheduled.
SB 833
This bill requires the Oregon Health Authority to give coordinated care organizations at Referred to Health Care.
least 30 days’ advance notice of proposed amendments to contracts.
Public hearing and possible work
session scheduled.
SB 835
This bill requires hospital emergency departments to refer for primary care any person Referred to Health Care.
who presents at the emergency department but does not have a condition requiring
emergency medical services.
SB 841
This bill modifies the requirements for health plan coverage of prescription drugs Referred to Health Care.
dispensed in accordance with synchronization policy.
Public hearing and possible work
session scheduled.
SB 845
This bill imposes a penalty on large employers whose employees receive health care Referred to Workforce.
coverage through medical assistance program as an incentive to provide private
coverage to those employees.
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
coordinated care organization.
SB 874
This bill requires the Oregon Health Authority to provide or contract for the provision of Referred to Health Care.
training on adrenal insufficiency for EMS personnel and RNs.
Public hearing scheduled.
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
This bill exempts for-profit and nonprofit business entities (if they provide only palliative Referred to Health Care.
care or operate a rural health clinic) from the requirement that licensed physicians hold
Public hearing and possible work
a majority of voting stock in the professional corporation organized for the purpose of
session scheduled.
practicing medicine, or that they constitute a majority of directors of the professional
corporation.
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.
Public hearing held.
SB 892
This bill requires the Oregon Health Authority to adopt procedures to help coordinated Referred to Health Care.
care organizations assist members of the organization with the member’s renewal of
eligibility for medical assistance.
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 costs
of certain contraceptive, abortion, and pre- and post-partum drugs and services.
SB 900
This bill requires the Oregon Health Authority to be responsible for posting to its Referred to Health Care.
website health care price data for in-patient and out-patient hospital services.
Public hearing held.
SB 901
This bill requires an insurer to directly reimburse providers for medical, surgical and Referred to Health Care.
nursing services provided to an insured.
Public hearing and possible work
session scheduled.
SB 905
This bill adds one physician assistant to the Oregon Medical Board.
Referred to Health Care.
Public hearing scheduled.
SJM 4
This bill urges Congress to enact legislation to update 42 C.F.R. Part 2 to allow health Carried in the Senate.
care providers for same patient to share treatment information while maintaining
Referred to House Health Care
appropriate levels of confidentiality and protections against disclosure.
Committee.
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
Summary
Status
HB 2028
This bill permits a pharmacist to engage in the practice of clinical pharmacy and Referred to Health Care.
provide patient care services to patients.
Public hearing held.
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.
HB 2203
This bill modifies the duties of the Oregon Health Insurance Exchange Corporation and Referred to Joint Committee on
authorizes the use of federal technology for the health insurance exchange.
Health Insurance Transition.
HB 2295
This bill provides for licensing and regulation of anesthesiologist assistants.
Referred to Health Care.
Public hearing held.
HB 2300
This bill creates the 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 or device not approved by the FDA.
Public hearing held.
(See SB 543).
Work session scheduled.
HB 2302
This bill modifies the definition of “prepaid managed care health services organization.”
Referred to Health Care.
Public hearing held.
HB 2307A
HB 2308
This bill prohibits mental health care professionals and social health professionals from Passed in the House with
providing any service to a person under 18 years of age for the purpose of attempting amendments.
to change the person’s sexual orientation or gender identity.
Referred to Senate Human
Services and Early Childhood
Committee.
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 nurse
practitioner.
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 2395
This bill provides healthcare funding over the next two budget cycles.
Governor signed.
Effective March 23, 2015.
HB 2466
This bill modifies the requirements for health benefit plans consistent with federal law.
Referred to Health Care.
Public hearing held.
HB 2468
This bill specifies the requirements for the scope of an insurer’s network of providers.
House recommends passage with
amendments.
HB 2523
This bill modifies treatment limits for certain chiropractic and naturopathic physicians
who provide medical services to injured workers through a managed care organization.
Referred to Health Care.
HB 2546A
Public hearing held.
This bill defines “inhalant delivery system,” and amends laws concerning sale of Passed in the House
tobacco products to, and use of tobacco products by, minors so those laws equally
Referred to Senate Health Care
apply to inhalant delivery systems.
Committee.
Public hearing held.
HB 2551
This bill requires covered entities to report annually on system safeguards for Referred to Health Care.
protecting the confidentiality of individually identifiable health information.
Work session scheduled.
HB 2558
This bill directs the State Board of Pharmacy to adopt rules making nicotine a Schedule Referred to Health Care.
III controlled substance.
HB 2560A
HB 2647
This bill requires a health benefit plan to cover the cost of a colonoscopy for an insured Passed in the House with
who is 50 years of age or older and who has a positive fecal immunochemical test amendments.
result.
Referred to Senate Health Care
Committee.
This bill enacts the Privacy Expectation Afterlife and Choices Act.
Referred to Judiciary.
Public hearing 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 2696
This bill requires the Oregon Health Authority to collaborate with coordinated care Referred to Health Care.
organizations to develop uniform audit processes and forms to be used by the Authority
Public hearing held.
and contractors of the Authority.
HB 2697
This bill requires the Oregon Health Authority to adopt consistent, uniform policies and Referred to Health Care.
procedures for the provision and reimbursement of mental and physical health services
Public hearing held.
in medical assistance programs.
HB 2758
This bill prohibits a carrier or third-party administrator from disclosing to persons, other Referred to Health Care.
than the enrollee who receives sensitive services, information relating to sensitive
Public hearing held.
services provided to the enrollee.
Work Session scheduled.
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
Insurance Exchange Corporation, and statewide elected officials who elect to obtain
health insurance provided by the state, to select a health benefit plan offered through
the health insurance exchange.
HB 2877
This bill requires the Oregon Department of Administrative Services to contract with a Referred to Health Care.
private entity to evaluate progress of coordinated care organizations in achieving goals
of the Legislative Assembly.
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 crime
of endangering the welfare of minor and other criminal offenses and civil penalties
related to the use or acquisition of tobacco products by a minor.
HB 2930
This bill requires hospitals to adopt rules granting admitting privileges to licensed, House Health Care Committee
certified nurse midwife nurse practitioners.
recommends passage with
amendments.
HB 2934
This bill requires the Oregon Health Authority to submit a blueprint for basic health plan Referred to Health Care.
to Centers for Medicare and Medicaid Services by December 31, 2015.
Public hearing 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 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
Public hearing held.
coordinated care organization.
HB 2951
This bill requires policies and certificates of health insurance that offer prescription drug
coverage to meet specified cost-sharing requirements.
Referred to Health Care.
HB 2986
This bill prohibits the performance of late-term sex-selective abortion.
Referred to Health Care.
HB 3100
This bill changes the governmental framework for conducting public health activities in
Oregon and for providing public health services to residents of Oregon.
Referred to Health Care.
Public hearing held.
Public hearing held.
HB 3132
This bill expands the definition of “hospital facility” to include behavioral treatment Referred to Health Care.
facilities and family safety facilities in regard to local public authorities created to
Public hearing scheduled.
finance hospital facilities.
HB 3145
This bill requires private pay home care workers registered with the Home Care Referred to Health Care.
Commission to be subject to at least same standards as licensed in-home care
agencies.
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 pharmacy
if the prescription drug benefit program or health benefit plan does not 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.
HB 3200
This bill prohibits health care providers and health insurers from denying patient health Referred to Health Care.
care or reimbursement of costs of health care necessary to prevent death based on
Public hearing scheduled.
advanced age.
HB 3241
This bill directs the Oregon Health Authority to establish standards to permit a primary Referred to Health Care.
care provider in a patient-centered primary care home to refer patients to an available
mental health provider within the same patient-centered primary care home.
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 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
within the scope of license, registration or certificate held by the health practitioner.
HB 3285
This bill directs the Oregon Health Authority to study the effectiveness of replacing the Referred to Judiciary.
current tort system with an administrative system for compensating patient injuries.
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 enrolled
in the Oregon Health Plan.
HB 3337
This bill modifies the definition of “terminal disease” in the Oregon Death With Dignity Referred to Health Care.
Act.
HB 3343
This bill requires a medical assistance program to include 12 months of coverage for Referred to Health Care.
prescription contraceptives under specified conditions.
HB 3349
This bill requires hospitals and emergency departments to maintain written charity care Referred to Health Care.
policies meeting specified requirements.
HB 3352
This bill requires the Oregon Health Authority to provide for specified drug and alcohol Referred to Health Care.
treatment programs.
Public hearing held.
HB 3427
This bill prohibits insurers from reducing reimbursement paid to health care providers Referred to Health Care.
by more than five percent for more than two consecutive years, and prohibits further
Public hearing scheduled.
reductions without approval of the Department of Consumer and Business Services.
HB 3432
This bill prohibits a vision-only insurance policy from providing coverage for only those Referred to Health Care.
services provided by a specified network of vision care providers.
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
provided by a licensed physician or certified nurse practitioner in a hospital setting.
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