2007 Oregon Code - Chapter 409 :: TITLE 34
TITLE 34
HUMAN
SERVICES; JUVENILE CODE; CORRECTIONS
Chapter 409. Department of Human Services
410. Senior and Disability Services
411. Adult and Family Services; Public
Assistance
412. Temporary Assistance for Needy Families
414. Medical Assistance
416. Recovery of Aid and Support
417. Interstate Compacts on Juveniles and
Children; Children and Family Services
418. Child Welfare Services
419A. Juvenile Code: General Provisions and
Definitions
419B. Juvenile Code: Dependency
419C. Juvenile Code: Delinquency
420. Youth Correction Facilities;
420A.
421. Department of Corrections Institutions;
Compacts
423. Corrections and Crime Control
Administration and Programs
_______________
Chapter 409
Department of Human Services
2007 EDITION
DEPARTMENT OF HUMAN SERVICES
HUMAN SERVICES; JUVENILE CODE; CORRECTIONS
DEPARTMENT OF HUMAN SERVICES
(Generally)
409.010 Department
of Human Services; duties; personnel
409.025 Definitions
for 409.025 and 409.027
409.027 Abuse
and neglect reports; rules
409.040 Federal
law supersedes state law
409.050 Rules
409.055 Copies
of rules to be available in local offices; availability for inspection
409.060 Department
of Human Services Account
409.070 Department
of Human Services Special Checking Account; petty cash fund
409.075 Volunteer
Emergency Services Fund
409.080 Combination
or elimination of accounts
409.093 Policy
on incorporation of family support policies
409.096 Plan
for incorporating family support consultants; development of protocol and
training
(Director, Deputy, Assistant Directors)
409.100 Director;
appointment; confirmation; salary and expenses
409.110 Authority
of director; grants
409.120 Delegation
of authority of director
409.130 Deputy
director; assistant directors
409.140 Assistant
director as appointing authority; assignment of employees by director
409.150 Deputy
director and assistant directors in unclassified service; other employees;
expenses
409.160 Information
from personnel within department
409.180 Consolidation
of internal audit units
(Child Welfare Services)
409.185 Standards
and procedures for child protective services
409.192 Policy
on internal review of department decisions
409.194 Establishment
of review process; sensitive review committee; rules
409.220 Services
relating to prevention, control and treatment of incest and sexual abuse; fees;
rules
409.225 Confidentiality
of child welfare records, files, papers and communications; when disclosure
required
409.230 Disclosure
of information in department reports and other materials; immunities
409.240 Payment
of expenses; rules
409.250 Revolving
fund
409.260 Services
to Children and Families Account
(Sexual
409.270 Definitions
for ORS 409.273 to 409.285
409.273 Funding
of sexual assault crisis centers and crisis lines; rulemaking
409.276 Standards
for sexual assault crisis centers
409.279 Application
for grants; notification of final action on application
409.282 Services
provided by sexual assault crisis centers and crisis lines
409.285 Sexual
Assault Victims Fund
(Family Violence Prevention Programs)
409.290 Definitions
for ORS 409.290 to 409.300
409.292 Funding
of programs relating to family violence; rulemaking
409.294 Standards
for shelter homes and safe houses
409.296 Application
for grants; notification of final action on application
409.298 Services
provided by shelter homes, safe houses and crisis lines
409.300 Domestic
Violence Fund
409.304 Limitation
on administrative expenses
HEALTH-RELATED PROFESSIONAL LICENSING BOARDS
409.310 Policy
regarding health-related professional licensing boards
409.320 Functions
of director
409.330 Director
as ex officio member of certain boards
VOLUNTEER PROGRAM
409.360 Authorization
to establish volunteer program; volunteer as agent of state; rules
409.365 Department
of Human Services Volunteer Program Donated Fund Account
ALCOHOL AND DRUG ABUSE PROGRAMS
409.410 Alcohol
and Drug Abuse Programs; duties of director; rules
409.420 Other
duties of director
409.425 Inhalant
abuse; education resources
GAMBLING ADDICTION PROGRAMS
409.430 Gambling
addiction programs; advisory committee
409.435 Problem
Gambling Treatment Fund
RESPITE CARE PROGRAM
409.450 Definitions
for ORS 409.450 to 409.478
409.454 Legislative
findings on respite care
409.458 Oregon
Lifespan Respite Care Program established; duties
409.462 Community
programs; criteria; administrator of program; advisory council
409.466 Community
program duties; advisory committee
409.470 Description
of respite care services
409.474 Rules
409.478 Use
of funds appropriated to program
PAIN MANAGEMENT COMMISSION
409.500 Pain
Management Commission established; duties; staffing
409.510 Additional
duties of commission
409.520 Membership
of Pain Management Commission
409.530 Selection
of chairperson and vice chairperson; requirements for commission meetings
409.540 Pain
Management Fund established
409.550 Acceptance
of contributions
409.560 Pain
management education required of certain licensed health care professionals;
duties of Oregon Medical Board; rules
409.565 Completion
of pain management education program
409.570 Rules
WOMEN, INFANTS AND CHILDREN PROGRAM
409.600 Women,
Infants and Children Program; rulemaking; civil penalties; rules
CHILD CARE SERVICES
409.610 Legislative
goal
HEALTH CARE INTERPRETERS
409.615 Definitions
for ORS 409.615 to 409.623
409.617 Legislative
findings and policy on health care interpreters
409.619
409.621 Testing,
qualification and certification standards for health care interpreters
409.623 Rules
on procedures for testing, qualification and certification of health care
interpreters; fees
409.625 Moneys
received credited to Department of Human Services Account
JOB REFERRALS
409.710 Certain
job referrals prohibited; eligibility not conditioned on employment at
workplace involved in labor dispute
MISCELLANEOUS
409.720 Emergency
planning; rules
409.740 Information
provided to retired physicians and health care providers
409.742 Disclosure
of information pertaining to cremated remains
409.745 Physician
Visa Waiver Program; rules; fees
409.747 Setoff
of liquidated debts
409.750 State
goal to eliminate or alleviate poverty
HOSPITAL TAXES
(Temporary provisions relating to hospital
taxes are compiled as notes following ORS 409.750)
LONG TERM CARE FACILITY TAXES
(Temporary provisions relating to long term care facility taxes are
compiled as notes following ORS 409.750)
MEDICAID MANAGED CARE TAXES
(Temporary provisions relating to Medicaid managed care taxes are
compiled as notes following ORS 409.750)
DEPARTMENT OF HUMAN SERVICES
(Generally)
409.010
Department of Human Services; duties; personnel. (1) The Department of Human Services is
created.
(2) The department is responsible for the
delivery and administration of programs and services relating to:
(a) Children and families, including but
not limited to child protective services, foster care, residential care for
children and adoption services;
(b) Elderly persons and persons with
disabilities, including but not limited to social, health and protective
services and promotion of hiring of otherwise qualified persons who are
certifiably disabled;
(c) Persons who, as a result of the persons
or the persons familys economic, social or health condition, require
financial assistance, institutional care, rehabilitation or other social and
health services;
(d) Health and health-related affairs, including
but not limited to medical assistance and services, public health services,
migrant health services, licensing of health facilities and coordination of the
activities of professional and occupational licensing boards;
(e) Mental health and developmental
disabilities;
(f) Vocational rehabilitation for
individuals with disabilities;
(g) Alcohol abuse, drug abuse, addiction
and chemical dependency problems;
(h) Licensing and regulation of
individuals, facilities and programs providing health and human services, in
accordance with the provisions of state and federal law; and
(i) Any other health and human service
programs and functions delegated to the department by or in accordance with the
provisions of state and federal law.
(3) The department shall be the recipient
of all federal funds paid or to be paid to the state to enable the state to
provide the programs and services assigned to the department.
(4)(a) All personnel of the department,
including those engaged in the administration of vocational rehabilitation
programs, public assistance programs and services to families or children in
compliance with the federal Social Security laws, shall be subject to the merit
system prescribed in the State Personnel Relations Law. For purposes of the State
Personnel Relations Law, the department is the appointing authority of all
employees in the department.
(b) The Director of Human Services, in
conformity with the State Personnel Relations Law, may appoint and employ such
personnel as may be necessary for the department, and may appoint and fix the
compensation of all assistants and employees of the department.
(c) The director may authorize
reimbursement of such expenses as are approved by the department and incurred
by assistants and employees of the department, and by volunteers or other
persons not employed by the department, in carrying out duties assigned or
authorized by the department.
(5) The director may designate employees
to be custodians of records within any of the organizational units of the
department, and persons so designated shall have the duties and powers of
custodians of public records as prescribed by law. Such designation shall be in
writing and notice thereof shall be filed in the office of the Secretary of
State, with the director and in the organizational unit to which the
authorization applies. [Formerly 184.750; 1993 c.344 §1; 1999 c.421 §1; 2001
c.900 §5; 2007 c.70 §161]
409.015 [1993 c.674 §11; repealed by 1997 c.753 §20]
409.020 [Formerly 184.785; 1993 c.798 §48; repealed
by 1997 c.704 §10a (409.021 enacted in lieu of 409.020)]
409.021 [1997 c.704 §10b (enacted in lieu of
409.020); 1999 c.1095 §2; repealed by 2003 c.73 §60]
409.025
Definitions for 409.025 and 409.027. As used in this section and ORS 409.027:
(1) Abuse and neglect report means a
report retained by the Department of Human Services in accordance with ORS
124.085, 419B.030 or 430.757 or a similar report filed in another state.
(2) Care means treatment, education,
training, instruction, placement services, recreational opportunities or case
management, supervision of such services for clients of the department or
department administration and support services for clients.
(3) Subject individual means a person
who is:
(a) Employed or who seeks to be employed
by the department to provide care;
(b) A volunteer or who seeks to be a
volunteer to provide care on behalf of the department; or
(c) Providing care or who seeks to provide
care on behalf of the department or another person. [2007 c.444 §1]
409.027
Abuse and neglect reports; rules. (1) The Department of Human Services may use abuse and neglect reports
maintained by the department for the purpose of providing protective services
or screening subject individuals.
(2) The department shall adopt rules to
carry out the provisions of subsection (1) of this section.
(3) The rules adopted in subsection (2) of
this section may include:
(a) Notice and opportunity for due process
for a department employee found to be unfit; and
(b) Notice and opportunity for hearing in
accordance with ORS chapter 183 for a subject individual described in ORS
409.025 (3)(c).
(4) Reports maintained under this section
are confidential and may not be disclosed for any purpose other than in
accordance with this section or any other provision of law. [2007 c.444 §2]
Note: Sections 3 and 5, chapter 444, Oregon Laws
2007, provide:
Sec.
3. (1) The Department of
Human Services shall convene a committee consisting of employees of the
department and representatives of entities that provide care on behalf of the
department to develop recommendations to the department for the use of abuse
and neglect reports to screen:
(a) Persons who are licensed, certified,
registered or otherwise regulated by the department to provide care; and
(b) Employees of persons described in
paragraph (a) of this subsection.
(2) The recommendations of the committee
under subsection (1) of this section shall include, but not be limited to:
(a) A process for the use of abuse and
neglect reports in determining the fitness of individuals described in
subsection (1)(a) and (b) of this section to provide care;
(b) Detailed information about securing
the resources for a data system to collect and maintain all abuse and neglect
reports;
(c) Identification of the resources
necessary to implement the recommendations; and
(d) A schedule for implementing the
recommendations.
(3) The department may present a proposal
based on the recommendations of the committee, the implementation plan and a
supporting budget request to the Seventy-fifth Legislative Assembly. [2007
c.444 §3]
Sec.
5. Section 3 of this 2007
Act is repealed July 1, 2009. [2007 c.444 §5]
409.030 [1991 c.697 §2; repealed by 1993 c.344 §49]
409.040
Federal law supersedes state law. (1) To the extent that there is any conflict between chapter 319,
Oregon Laws 1971, and any federal law referred to or to be administered under
chapter 319, Oregon Laws 1971, the federal law in effect on June 8, 1971, is
controlling.
(2) In all cases where federally granted
funds are involved, the federal laws, rules and regulations applicable thereto
shall govern notwithstanding any provision to the contrary in ORS 409.010,
409.060, 409.070, 409.093 to 409.160, 411.060 and this subsection. [Formerly
184.780]
Note: Legislative Counsel has substituted chapter
319, Oregon Laws 1971, for the words this Act in section 9, chapter 319,
Oregon Laws 1971, compiled as 409.040 (formerly 184.780). Specific ORS
references have not been substituted, pursuant to 173.160. These sections may
be determined by referring to the 1971 Comparative Section Table located in
Volume 20 of ORS.
409.050
Rules. (1) Pursuant to ORS
chapter 183, the Director of Human Services may adopt such administrative rules
as the director considers necessary to carry out the functions of the
Department of Human Services.
(2) Notwithstanding any other provision of
law, the director by order may delegate authority under subsection (1) of this
section to such extent as the director considers proper to assistant directors
of the department. [Formerly 184.787; 2005 c.22 §271]
409.055
Copies of rules to be available in local offices; availability for inspection. The Department of Human Services shall
maintain in each of its local offices copies of its rules and regulations that
the department is required to file with the Secretary of State. Copies of the
rules and regulations shall be available for public use and inspection during
regular business hours and shall be compiled and indexed in a manner that will facilitate
their use. [2001 c.900 §7]
409.060
Department of Human Services Account. (1) There is established in the General Fund of the State Treasury an
account to be known as the Department of Human Services Account. All moneys in
this account are appropriated for and shall be used by the Department of Human
Services for the respective purposes authorized by law. The moneys in the
account and all appropriations for the account are subject to allotment control
by the Oregon Department of Administrative Services.
(2) The Department of Human Services shall
keep a record of all moneys credited to and deposited in the account. The
records shall indicate by separate cumulative accounts the source from which
the moneys were derived and the individual activity or program against which
each withdrawal is charged.
(3) The unobligated balance in the account
on June 30 of each odd-numbered year shall be determined by the department as
of September 30 next following, and certified to the Oregon Department of
Administrative Services. Unless otherwise provided by law or action of the
Emergency Board, the amount certified pursuant to this subsection shall revert
to the General Fund and become available for general governmental purposes. [Formerly
184.795; 1999 c.421 §2]
409.070
Department of Human Services Special Checking Account; petty cash fund. (1) There is established a Department of
Human Services Special Checking Account in the State Treasury. Upon the written
request of the Director of Human Services, the Oregon Department of
Administrative Services shall draw payments in favor of the Department of Human
Services to be charged against appropriations and other moneys available to the
Department of Human Services in the same manner as other claims against the state,
as provided in ORS chapter 293. All such payments shall be deposited in the
special checking account and may be disbursed by check or other means
acceptable to the State Treasurer.
(2) The special checking account may be
used for the purpose of paying the administrative expenses of programs and
services as assigned to the Department of Human Services by law, including the
payment of expenses to be reimbursed by the federal government.
(3) In addition to the authority provided
in ORS 293.180, the Department of Human Services may establish petty cash funds
out of the special checking account or any account established in the State
Treasury for the department. Small cash disbursements to pay the expenses of
the department may be made from a petty cash fund. Periodically, the department
shall request reimbursement for disbursements made from a petty cash fund. Upon
receipt of a reimbursement payment from an appropriate account, the department
shall use the payment to reimburse the petty cash fund. [Formerly 184.800; 1999
c.421 §3; 1999 c.829 §2; 2001 c.900 §62]
409.075
Volunteer Emergency Services Fund. (1) There is established a Volunteer Emergency Services Fund in the
State Treasury. The amount of the fund shall not exceed the aggregate sum of
$10,000.
(2) The fund may be used to pay for
purchases, by check or other acceptable means, necessary to assist clients of
the Department of Human Services with emergency circumstances that qualify such
clients for assistance from the fund.
(3) Claims for reimbursement of moneys
paid from the Volunteer Emergency Services Fund shall be submitted to the
Department of Human Services and the Oregon Department of Administrative
Services for approval. When the claims have been approved, the Oregon
Department of Administrative Services shall draw a warrant or make an
electronic transfer in favor of the Department of Human Services to be charged
to the appropriate fund or account to reimburse the Volunteer Emergency
Services Fund. [1999 c.829 §3]
409.080
Combination or elimination of accounts. Notwithstanding any other law, the Department of Human Services may,
with the approval of the Oregon Department of Administrative Services and the
State Treasurer, combine or eliminate any accounts that are established in
statute within the authority of the Department of Human Services when the
Department of Human Services determines that economy and efficiency in
operations can be obtained and that the combination or elimination of accounts
does not substantially alter the intent of the authorizing statutes. When
accounts are combined, the Department of Human Services retains the authority
granted by the statutes establishing the accounts. [1999 c.829 §4; 2001 c.900 §63]
409.093
Policy on incorporation of family support policies. It shall be the policy of the Department of
Human Services to incorporate the family support policies under ORS 417.340 to
417.348 into staff training and information given to the general public. [1995
c.486 §2; 2001 c.900 §244]
409.096
Plan for incorporating family support consultants; development of protocol and
training. (1) The Department
of Human Services shall develop a plan for incorporating family support
consultants into a percentage of cases managed within the department. The
consultants shall work directly with families to develop support in a manner
consistent with the family support policies under ORS 417.340 to 417.348 and
417.349.
(2) The department shall consult with the
Family Support Advisory Council established under ORS 417.346, to develop
protocol and training consistent with the family support policies under ORS
417.340 to 417.348 and 417.349. [1995 c.486 §3; 2001 c.900 §245]
(Director,
Deputy, Assistant Directors)
409.100
Director; appointment; confirmation; salary and expenses. (1) The Department of Human Services shall
be under the supervision and control of the Director of Human Services, who is
responsible for providing for programs for the delivery to the public of the
services assigned to the department by ORS 409.010 or otherwise, and for
undertaking long-range planning necessary for the effective and efficient
delivery of these services.
(2) The Governor shall appoint the
director. The director may be removed at any time at the pleasure of the
Governor. The appointment of the director is subject to confirmation by the
Senate in the manner provided in ORS 171.562 and 171.565.
(3) The director shall receive such salary
as may be provided by law or, if not so provided, as may be fixed by the
Governor, and shall be reimbursed for all expenses actually and necessarily
incurred by the director in the performance of official duties. [Formerly
184.755; 1999 c.421 §§4,5]
409.110
Authority of director; grants.
(1) The Director of Human Services, consistent with any federal requirements
and with the prior consent of the Governor:
(a) May cause the organizational units
within the Department of Human Services to make joint use of the personnel,
resources, information and facilities available within the department;
(b) May combine or transfer components of
organizational units within the department; and
(c) May organize and reorganize the
department in the manner the director considers necessary to properly conduct
the work of the department consistent with federal requirements and after consultation
with parties affected by such change, including but not limited to service
providers, advisory committees and county governments.
(2) The director may make financial grants
to local units of government, nonprofit organizations and individuals from
funds appropriated by the Legislative Assembly to carry out the departments
responsibilities. [Formerly 184.770; 1999 c.421 §6; 2001 c.900 §64]
409.120
Delegation of authority of director. (1) The Director of Human Services may delegate to any of the officers
and employees of the department the exercise or discharge in the directors
name of any power, duty or function of whatever character vested in or imposed
upon the director by law. However, all such delegations of a continuing nature
involving provision for services performed by the department may be exercised
by an officer or employee of the department only when specifically designated
in writing by the director to do so.
(2) The official act of any person acting
in the directors name and by the directors authority pursuant to subsection
(1) of this section shall be considered an official act of the director. [Formerly
184.773]
409.130
Deputy director; assistant directors. (1) The Director of Human Services may appoint a deputy director, whose
appointment is subject to approval by the Governor and who shall serve at the
pleasure of the director. The deputy director shall have full authority to act
for the director, subject to directions of the director. The appointment of the
deputy director shall be by written order, filed with the Secretary of State.
(2) The director may appoint assistant
directors as necessary to carry out the responsibilities of the Department of
Human Services. The appointment of each assistant director is subject to approval
by the Governor. An assistant director serves at the pleasure of the director. [Formerly
184.760; 1999 c.421 §7; 2001 c.900 §65]
409.140
Assistant director as appointing authority; assignment of employees by
director. (1) For purposes
of the State Personnel Relations Law, each assistant director appointed under
ORS 409.130, and any other officer specifically designated by law, is
considered to be the appointing authority with respect to officers and
employees under the supervision of the assistant director or other officer, and
ORS 240.400 applies to each such appointing authority.
(2) Notwithstanding subsection (1) of this
section, the Director of Human Services at any time may assign an employee from
one position to another position in the same class or rank within the
department. Upon making such an assignment or transfer, the director forthwith
shall give written notice of the action to the Administrator of the Personnel
Division. ORS 240.400 applies to the power vested in the director under this
subsection. [Formerly 184.767; 2003 c.14 §172]
409.150
Deputy director and assistant directors in unclassified service; other
employees; expenses. The
deputy director and any assistant directors appointed under ORS 409.130 shall
be in the unclassified service of the state. With the approval of the Director
of Human Services, each assistant director may appoint deputies and principal
assistants as necessary to conduct the work of the department. Notwithstanding
ORS 240.205, deputies and principal assistants appointed by an assistant
director shall be in the unclassified service of the state and shall serve at
the pleasure of the director. In addition to their salaries, they shall,
subject to the limitations otherwise provided by law, be reimbursed for all
expenses actually and necessarily incurred in the performance of official
duties. [Formerly 184.765; 2001 c.900 §66; 2007 c.307 §2]
409.160
Information from personnel within department. (1) The Director of Human Services shall require from the personnel
within the department such information, reports and documentation, as the
director, in the discretion of the director, determines will be necessary to
enable the director to:
(a) Execute responsibilities pursuant to
law.
(b) Develop and report to the Governor
from time to time on legislative, budgetary and administrative programs to
accomplish comprehensive, long-range, coordinated planning and policy
formulation in the matters of public interest related to the department.
(c) File with the Oregon Department of
Administrative Services, for purposes of ORS 291.208, a budget report for the
department.
(2) Where such information, reports or
documentation is confidential in the hands of departmental personnel, it shall
be confidential in the hands of the director. [Formerly 184.775; 2001 c.900 §67]
409.180
Consolidation of internal audit units. The Director of Human Services may consolidate the internal audits
units within the Department of Human Services into an office of audits within
the directors office, in order to achieve a higher level of independence and
economy of management. [1991 c.321 §1]
(Child
Welfare Services)
409.185
Standards and procedures for child protective services. (1) The Director of Human Services shall
oversee the development of standards and procedures for assessment,
investigation and enforcement of child protective services.
(2)(a) The Department of Human Services
shall take action to implement the provision of child protective services as
outlined in ORS 417.705 to 417.801 and 419A.170 and based on the
recommendations in the 1992 Oregon Child Protective Services Performance Study
published by the
(b) In all substantiated cases of child
abuse and neglect, the role of the department is to complete a comprehensive
family assessment of risk of abuse or neglect, or both, assess service needs
and provide immediate protective services as necessary.
(c) The department shall provide remedial
services needed to ensure the safety of the child.
(d) In all cases of child abuse and
neglect for which a criminal investigation is conducted, the role of law
enforcement agencies is to provide a legally sound, child sensitive
investigation of whether abuse or neglect or both have occurred and to gather
other evidence and perform other responsibilities in accordance with
interagency agreements.
(e) The department and law enforcement
agencies shall conduct the investigation and assessment concurrently, based
upon the protocols and procedures of the county multidisciplinary child abuse
team in each jurisdiction.
(f) When the department and law
enforcement agencies conduct a joint investigation and assessment, the
activities of the department and agencies are to be clearly differentiated by
the protocols of the county multidisciplinary child abuse team.
(g) Nothing in this subsection is intended
to be inconsistent with ORS 418.702, 418.747 and 418.748 and ORS chapter 419B.
(h) In all cases of child abuse for which
an investigation is conducted, the department shall provide a childs parent,
guardian or caregiver with a clear written explanation of the investigation
process, the court hearing process and the rights of the parent, guardian or
caregiver in the abuse investigation and in the court proceedings related to
the abuse investigation.
(3) Upon receipt of a recommendation of
the Childrens Advocate under ORS 417.815 (2)(e), the department shall
implement the recommendation or give the Childrens Advocate written notice of
an intent not to implement the recommendation. [1993 c.676 §11; 1995 c.79 §397;
1997 c.130 §4; 1997 c.249 §126; 2001 c.900 §68; 2003 c.591 §7; 2005 c.499 §1;
2005 c.562 §24]
409.190 [1993 c.676 §28(1); 1997 c.130 §5; repealed
by 2001 c.900 §261]
409.192
Policy on internal review of department decisions. It is the policy of the State of
(1) Citizens shall be guaranteed the right
to review of the actions and conduct of the department.
(2) Citizens shall be provided with a
single place to file complaints concerning the actions and conduct of the
department and shall be entitled to a response to the complaint within a
reasonable period of time.
(3) Citizens shall not be subjected to
reprisal for complaining of an action or conduct of the department. [1997 c.873
§28]
409.194
Establishment of review process; sensitive review committee; rules. (1) The Department of Human Services shall
adopt rules establishing a review process to carry out the policy expressed in
ORS 409.192.
(2) If the actions and conduct of the
department are being addressed in a judicial or administrative proceeding, the
review required by subsection (1) of this section may not be commenced or shall
be stayed pending resolution of the judicial or administrative proceeding.
(3) The Director of Human Services may
convene a sensitive review committee for the purpose of reviewing the actions
and conduct of the department.
(4)(a) The director may convene a
sensitive review committee upon request of the President of the Senate or the
Speaker of the House of Representatives.
(b) The President shall appoint at least
one state Senator and the Speaker shall appoint at least one state
Representative to serve on a sensitive review committee convened pursuant to
paragraph (a) of this subsection. The President and the Speaker shall use
reasonable efforts to ensure that the Senate, the House of Representatives and
the majority and minority parties have balanced representation on the
committee.
(c) If the director convenes a sensitive
review committee pursuant to this subsection, upon completion of the review by
the committee and no more than 180 days after receiving the request from the
President or the Speaker, the director shall submit to the President and the
Speaker a written report of the findings and conclusions of the committee. [1997
c.873 §29; 2007 c.236 §1]
409.210 [Formerly 184.805; repealed by 1993 c.676 §53]
409.220
Services relating to prevention, control and treatment of incest and sexual
abuse; fees; rules. (1) The
Department of Human Services may provide services related to the prevention,
control and treatment of incest and sexual abuse. Those services include, but
are not limited to, consultation, counseling, therapy and treatment programs
for children who are the victims of incest and sex offenses, their families and
the perpetrators of the incest or sex offense.
(2) When the services described in
subsection (1) of this section are provided, the department may charge the
perpetrator a fee not to exceed the cost of the services. The fee shall vary
according to the service provided, and shall be determined and applied through
rules adopted by the department.
(3) The amount of fees collected under
subsection (2) of this section are continuously appropriated to the department
and shall be used to provide the services described in subsection (1) of this
section. [Formerly 184.807]
409.225
Confidentiality of child welfare records, files, papers and communications;
when disclosure required.
(1) In the interest of family privacy and for the protection of children,
families and other recipients of services, the Department of Human Services
shall not disclose or use the contents of any child welfare records, files,
papers or communications that contain any information about an individual
child, family or other recipient of services for purposes other than those
directly connected with the administration of child welfare laws or unless
required or authorized by ORS 419A.255 or 419B.035. The records, files, papers
and communications are confidential and are not available for public inspection.
General information, policy statements, statistical reports or similar
compilations of data are not confidential unless such information is identified
with an individual child, family or other recipient of services or protected by
other provision of law.
(2) Notwithstanding subsection (1) of this
section, unless exempt from disclosure under ORS chapter 192, the department
shall disclose child welfare records:
(a) About a recipient of services, to the
recipient if the recipient is 18 years of age or older or is legally
emancipated, unless prohibited by court order;
(b) Regarding a specific individual if the
individual gives written authorization to release confidential information;
(c) Concerning a child receiving services
on a voluntary basis, to the childs parent or legal guardian;
(d) To the juvenile court in proceedings
regarding the child; and
(e) Concerning a child who is or has been
in the custody of the department, to the childs parent or legal guardian
except:
(A) When the child objects; or
(B) If disclosure would be contrary to the
best interests of any child or could be harmful to the person caring for the
child.
(3) Notwithstanding subsection (1) of this
section, unless exempt from disclosure under ORS chapter 192, the department
shall disclose child welfare records, if in the best interests of the child,
to:
(a) Treatment providers, foster parents,
adoptive parents, school officials or other persons providing services to the
child or family to the extent that such disclosure is necessary to provide
services to the child or family; or
(b) A person designated as a member of a
sensitive review committee convened by the Director of Human Services when the
purpose of the committee is to determine whether the department acted
appropriately and to make recommendations to the department regarding policy
and practice.
(4) Any record disclosed under subsection
(1), (2) or (3) of this section shall be kept confidential by the person or
entity to whom the record is disclosed and shall be used only for the purpose
for which disclosure was made.
(5) Unless exempt from disclosure under
ORS chapter 192, when an adult who is the subject of information made
confidential by subsection (1) of this section publicly reveals or causes to be
revealed any significant part of the confidential matter or information, the
protections afforded by subsection (1) of this section are presumed voluntarily
waived and confidential information about the person making or causing the
public disclosure, not already disclosed but related to the information made
public, may be disclosed if disclosure is in the best interests of the child or
necessary to the administration of the child welfare laws.
(6) Notwithstanding subsection (1) of this
section, unless exempt from disclosure under ORS chapter 192, the department
shall disclose information related to the departments activities and
responsibilities in a case where child abuse or neglect has resulted in a child
fatality or near fatality or where an adult has been charged with a crime
related to child abuse or neglect.
(7) Notwithstanding subsections (2), (3),
(5) and (6) of this section, ORS 192.501 (3) shall apply to investigatory
information compiled for criminal law purposes that may be in the possession of
the department.
(8) As used in this section, adult means
a person who is 18 years of age or older. [1997 c.415 §1; 2001 c.900 §69]
409.230
Disclosure of information in department reports and other materials;
immunities. (1) Information
contained in Department of Human Services reports and other materials relating
to a childs history and prognosis that, in the professional judgment of the
person providing the information for the reports or other materials, indicates
a clear and immediate danger to another person or to society shall be disclosed
to the appropriate authority and the person or entity who is in danger from the
child.
(2) An agency or a person who discloses
information under subsection (1) of this section shall have immunity from any
liability, civil or criminal, that might otherwise be incurred or imposed for
making the disclosure. The disclosure of information under this section does
not make the information admissible in any court or administrative proceeding
if it is not otherwise admissible. [1991 c.666 §2; 2001 c.900 §70]
409.240
Payment of expenses; rules.
Warrants shall be drawn by the Oregon Department of Administrative Services in
favor of the Department of Human Services for the aggregate amounts of the
Department of Human Services expenses. The Department of Human Services shall
deposit all such warrants in the State Treasury in a checking account in
reimbursement of those expenses. The Department of Human Services may draw its
checks on the State Treasury in favor of the persons, firms, corporations,
associations or counties entitled thereto under such rules as it shall adopt so
as to include in single combined payments for specified periods all moneys
allotted to particular payees from various sources for the period. [Formerly
184.820]
409.250
Revolving fund. (1) On
written request of the Department of Human Services, the Oregon Department of
Administrative Services shall draw warrants on amounts appropriated to the
Department of Human Services for operating expenses for use by the Department
of Human Services as a revolving fund. The revolving fund shall not exceed the
aggregate sum of $100,000 including unreimbursed advances. The revolving fund
shall be deposited with the State Treasurer to be held in a special account
against which the Department of Human Services may draw checks.
(2) The revolving fund may be used by the
Department of Human Services to pay for travel expenses for employees of the
department and for any consultants or advisers for whom payment of travel
expenses is authorized by law, or advances therefor, or for purchases required
from time to time or for receipt or disbursement of federal funds available
under federal law.
(3) All claims for reimbursement of
amounts paid from the revolving fund shall be approved by the Department of
Human Services and by the Oregon Department of Administrative Services. When
such claims have been approved, a warrant covering them shall be drawn in favor
of the Department of Human Services and charged against the appropriate fund or
account, and shall be used to reimburse the revolving fund. [Formerly 184.810]
409.260
Services to Children and Families Account. (1) There is established in the General Fund of the State Treasury an
account to be known as the Services to Children and Families Account. All
moneys in the Services to Children and Families Account are continuously
appropriated to the Department of Human Services and shall be used by the
department for the purposes authorized by law. The moneys in the Services to
Children and Families Account are subject to allotment control by the Oregon
Department of Administrative Services under ORS 291.232 to 291.260.
(2) The Department of Human Services shall
keep a record of all moneys credited to and deposited in the Services to
Children and Families Account. The record shall indicate by separate cumulative
accounts the source from which the moneys are derived and the individual
activity or program against which each withdrawal is charged.
(3) In addition to sources provided under
other laws, the sources of revenues in the Services to Children and Families
Account may include recoveries of the cost of care provided to clients, amounts
paid to the Department of Human Services by other organizations and state
agencies in support of the departments programs and activities and other
moneys received by the department that are incidental to its operations. [Formerly
184.815; 1997 c.130 §6; 2005 c.755 §32]
(Sexual
409.270
Definitions for ORS 409.273 to 409.285. As used in ORS 409.273 to 409.285:
(1) Crisis line means an emergency
telephone service staffed by persons who are trained to provide emergency peer
counseling, information, referral and advocacy to victims of sexual offenses
and their families.
(2) Director means the Director of Human
Services. [1999 c.943 §2; 2001 c.900 §71]
409.273
Funding of sexual assault crisis centers and crisis lines; rulemaking. (1) The Director of Human Services may make
grants to and enter into contracts with private nonprofit organizations that
provide intervention and support services to victims of sexual offenses and
their families. Grants or contracts under this subsection may be:
(a) For the funding of sexual assault
crisis centers; and
(b) For the funding of crisis lines
providing services to victims of sexual offenses and their families.
(2) Notwithstanding the provisions of ORS
192.001 to 192.170, 192.210 to 192.505 and 192.610 to 192.990:
(a) The director may by rule provide that
the locations of premises utilized for sexual assault crisis centers shall be
kept confidential.
(b) All information maintained by the
sexual assault crisis center or crisis line relating to clients is
confidential. Except for the names of clients, necessary information may be
disclosed to the director. [1999 c.943 §3]
409.276
Standards for sexual assault crisis centers. The Director of Human Services shall establish minimum standards for
sexual assault crisis centers receiving grants or other financial assistance
under ORS 409.273. [1999 c.943 §4]
409.279
Application for grants; notification of final action on application. (1) A private nonprofit organization
operating a sexual assault crisis center or crisis line may apply to the
Director of Human Services for a grant under ORS 409.273. The organization must
submit to the director, at the time of application:
(a) A statement of services provided;
(b) Proof of maintenance of accurate and
complete financial records;
(c) Clearly defined written policies and
procedures; and
(d) A list of members of the governing
board.
(2) The director shall approve or reject
applications within 60 days after receipt. The director shall mail written
notification to the applicant no later than five working days following final
action taken on the application.
(3) The director shall consider the
geographic area of the state from which an application is submitted to the end
that all areas of the state develop programs to deal with the victims of sexual
offenses. [1999 c.943 §5]
409.282
Services provided by sexual assault crisis centers and crisis lines. Services provided by sexual assault crisis
centers and crisis lines receiving grants or other financial assistance under
ORS 409.273 shall be made accessible and available to all persons who reside in
the area served who may need the services. If a sexual assault crisis center or
crisis line receiving funds under ORS 409.273 is unable to provide necessary
services to a client, it shall refer the client to alternative community
resources. [1999 c.943 §6]
409.285
Sexual Assault Victims Fund.
(1) There is established the Sexual Assault Victims Fund in the Services to
Children and Families Account of the General Fund established under ORS
409.260.
(2) All moneys credited to the Sexual
Assault Victims Fund are continuously appropriated for the purposes of ORS
409.273 to be expended by the Director of Human Services as provided in ORS
409.273. However, the director shall expend not more than five percent of such
moneys for administrative costs of the Department of Human Services incurred
under ORS 409.273. [1999 c.943 §7]
(Family
Violence Prevention Programs)
409.290
Definitions for ORS 409.290 to 409.300. As used in ORS 409.290 to 409.300 unless the context requires
otherwise:
(1) Crisis line means an emergency
telephone service staffed by persons who are trained to provide emergency peer
counseling, information, referral and advocacy to victims of domestic violence
and their families.
(2) Director means the Director of Human
Services.
(3) Family violence means the physical
injury, sexual abuse or forced imprisonment, or threat thereof, of a person by
another who is related by blood, marriage or intimate cohabitation at the
present or has been related at some time in the past, to the extent that the
persons health or welfare is harmed or threatened thereby, as determined in
accordance with rules prescribed by the director.
(4) Safe house means a place of
temporary refuge, offered on an as needed basis to victims of domestic
violence and their families.
(5) Shelter home means a place of
temporary refuge, offered on a 24-hour, seven-day per week basis to victims of
domestic violence and their children. [Formerly 108.610]
409.292
Funding of programs relating to family violence; rulemaking. (1) The Director of Human Services may make
grants to and enter into contracts with nonprofit private organizations or
public agencies for programs and projects designed to prevent, identify and
treat family violence. Grants or contracts under this subsection may be:
(a) For the funding of shelter homes for
spouses and children who are or have experienced family violence including
acquisition and maintenance of shelter homes;
(b) For the funding of crisis lines
providing services to victims of domestic violence and their families;
(c) For the funding of safe houses for
victims of domestic violence and their families; and
(d) For the development and establishment
of programs for professional and paraprofessional personnel in the fields of
social work, law enforcement, education, law, medicine and other relevant
fields who are engaged in the field of the prevention, identification and
treatment of family violence and training programs in methods of preventing
family violence.
(2) The director shall not make a grant to
any organization or agency under this section except on the condition that a
local governmental unit or community organization provide matching moneys equal
to 25 percent of the amount of the grant. The applying organization itself may
contribute to or provide the required local matching funds. The value of in
kind contributions and volunteer labor from the community may be computed and
included as a part of the local matching requirement imposed by this
subsection.
(3) Notwithstanding the provisions of ORS
192.001 to 192.170, 192.210 to 192.505 and 192.610 to 192.990:
(a) The director may by rule provide that
the locations of premises utilized for shelter homes or other physical
facilities in family violence programs and projects shall be kept confidential.
(b) All information maintained by the
shelter home, safe house or crisis line relating to clients is confidential.
However, crisis lines specifically funded to provide services for victims of
child abuse are subject to the requirements of ORS 419B.005 to 419B.050. Except
for the names of clients, necessary information may be disclosed to the
director. [Formerly 108.620]
409.294
Standards for shelter homes and safe houses. The Director of Human Services shall establish minimum standards to
insure that shelter homes and safe houses receiving grants under ORS 409.292
provide services meeting basic survival needs, including, but not limited to,
food, clothing, housing, safety, security, client advocacy and counseling. [Formerly
108.630]
409.296
Application for grants; notification of final action on application. (1) A public agency or nonprofit private
organization operating a shelter home or safe house may apply to the Director
of Human Services for a grant under ORS 409.292. The agency or organization
must submit to the director, at the time of application:
(a) A statement of services provided;
(b) Proof of maintenance of accurate and
complete financial records;
(c) Assurance of compliance with local
building, fire and health codes for existing structures;
(d) Clearly defined written intake and
referral policies and procedures; and
(e) If operated by a private organization,
a list of members of the governing board.
(2) The director shall approve or reject
applications within 60 days after receipt. The director shall mail written
notification to the applicant no later than five working days following final
action taken on the application.
(3) The director shall consider the
geographic area of the state from which an application is submitted to the end
that all areas of the state develop programs to deal with domestic violence. [Formerly
108.640]
409.298
Services provided by shelter homes, safe houses and crisis lines. Services provided by shelter homes, safe
houses and crisis lines receiving grants or other financial assistance under
ORS 409.292 shall be made accessible and available to all persons who reside in
the area served who may need the services. If a shelter home, safe house or
crisis line receiving funds pursuant to ORS 409.292 to 409.300 is unable to
provide necessary services to a client, it shall refer the client to
alternative community resources. [Formerly 108.650]
409.300
Domestic Violence Fund. (1)
There is established the Domestic Violence Fund in the Services to Children and
Families Account of the General Fund established under ORS 409.260.
(2) All moneys received by the Director of
Human Services under ORS 106.045 (2) and any other funds allocated for
expenditure under ORS 409.292 shall be credited to the Domestic Violence Fund.
(3) All moneys credited to the Domestic
Violence Fund are continuously appropriated for the purposes of ORS 409.292 to
be expended by the director as provided in ORS 409.290 and 409.292. However,
the director shall expend not more than 10 percent of such moneys for
administrative costs of the Department of Human Services incurred under ORS
409.290 and 409.292. [Formerly 108.660]
Note: The amendments to 409.300 by section 15,
chapter 99, Oregon Laws 2007, are the subject of a referendum petition that may
be filed with the Secretary of State not later than September 26, 2007. If the
referendum petition is filed with the required number of signatures of
electors, chapter 99, Oregon Laws 2007, will be submitted to the people for
their approval or rejection at the regular general election held on November 4,
2008. If approved by the people at the general election, chapter 99, Oregon
Laws 2007, takes effect December 4, 2008. If the referendum petition is not
filed with the Secretary of State or does not contain the required number of
signatures of electors, the amendments to 409.300 by section 15, chapter 99,
Oregon Laws 2007, take effect January 1, 2008. 409.300, as amended by section
15, chapter 99, Oregon Laws 2007, is set forth for the users convenience.
409.300. (1) There is established the Domestic
Violence Fund in the Services to Children and Families Account of the General
Fund established under ORS 409.260.
(2) All moneys received by the Director of
Human Services under ORS 106.045 or section 7, chapter 99, Oregon Laws 2007,
and any other funds allocated for expenditure under ORS 409.292 shall be
credited to the Domestic Violence Fund.
(3) All moneys credited to the Domestic
Violence Fund are continuously appropriated for the purposes of ORS 409.292 to
be expended by the director as provided in ORS 409.290 and 409.292. However,
the director shall expend not more than 10 percent of such moneys for
administrative costs of the Department of Human Services incurred under ORS
409.290 and 409.292.
409.304
Limitation on administrative expenses. Grants awarded through funding from the Criminal Fine and Assessment
Account for domestic violence programs shall be used to support direct
services, with no more than five percent of each grant to be spent for
administration. [Formerly 108.662]
HEALTH-RELATED
PROFESSIONAL LICENSING BOARDS
409.310
Policy regarding health-related professional licensing boards. It is the intention of the Legislative
Assembly to provide for the more effective coordination of the administrative
functions of boards charged with responsibility for protecting the public
through the licensing and regulating of health-related professions practiced in
this state. Further, it is the intention of the Legislative Assembly to retain
responsibility and authority in the professional licensing boards, members of
which are qualified by education, training and experience to make the necessary
judgments, for decisions on qualifications, standards of practice, licensing,
enforcement, discipline and other discretionary functions relating to
professional activities. The professional licensing boards shall have authority
to employ such personnel as they consider necessary to carry out their
respective functions and shall maintain full budgetary control over the boards
expenditures and their recommendations for legislation including but not
limited to appropriations. Expenditures are subject to the allotment system
under ORS 291.232 to 291.260 and rules adopted thereunder. Budgets shall be
prepared pursuant to ORS 291.201 to 291.226 and rules adopted thereunder. [Formerly
184.830; 2001 c.900 §72]
409.320
Functions of director. The
Director of Human Services shall require each licensing board in the Department
of Human Services to maintain a register of the names and current addresses of
all persons holding valid licenses, certificates of registration or other
evidence of authority required to practice the occupation or profession, or
operate the facility within the jurisdiction of such board and periodically, as
the director may require, to file a copy of the register at the office of the
department. Any board that is authorized or required to distribute a register
described in this section may collect a fee to cover the costs of publication, such
fee to be handled as other receipts of the board are handled. [Formerly
184.840; 2005 c.726 §24]
409.330
Director as ex officio member of certain boards. The Director of Human Services, or the
designee of the director, shall serve as an ex officio member of all
health-related licensing boards in the department, but without the right to
vote. However, nothing in this section is intended to authorize the director to
intervene in the internal functions and administration of the boards. [Formerly
184.835]
VOLUNTEER
PROGRAM
409.360
Authorization to establish volunteer program; volunteer as agent of state;
rules. (1) The Director of
Human Services is authorized to establish the Department of Human Services
Volunteer Program to assist in carrying out the duties of the Department of
Human Services.
(2) A volunteer who is performing services
pursuant to the Department of Human Services Volunteer Program established
under subsection (1) of this section is an agent of the state for purposes of
ORS 30.260 to 30.300 and is not an agent of local governments or nonprofit
entities that utilize the volunteers services. However, local government or
nonprofit entities are responsible for their own negligent acts or those of
their own officers, employees and agents.
(3) The director is authorized to adopt
all rules necessary to implement and administer the Department of Human
Services Volunteer Program. [1997 c.597 §1; 1999 c.421 §8]
409.365
Department of Human Services Volunteer Program Donated Fund Account. (1) The Department of Human Services
Volunteer Program Donated Fund Account is established separate and distinct
from the General Fund. Interest earned, if any, shall inure to the benefit of
the account. The moneys in the account are appropriated continuously to the
Department of Human Services.
(2) The Department of Human Services
Volunteer Program shall keep a record of all moneys credited to and deposited
in the Department of Human Services Volunteer Program Donated Fund Account. The
record shall indicate the source from which the moneys are derived and the
activity or program against which each withdrawal is charged.
(3) All private donations or contributions
made for the use or benefit of the Department of Human Services Volunteer
Program shall be deposited in the Department of Human Services Volunteer
Program Donated Fund Account. All funds deposited in that account shall be used
for direct program expenditures for the Department of Human Services Volunteer
Program and shall not be used for direct or indirect administrative
expenditures. [1997 c.597 §2; 1999 c.421 §9]
ALCOHOL AND
DRUG ABUSE PROGRAMS
409.410
Alcohol and Drug Abuse Programs; duties of director; rules. (1) The Director of Human Services shall
administer all alcohol and drug abuse programs, including but not limited to
programs or components of programs described in ORS 430.397 to 430.401,
475.225, 743.557 and 743.558 and ORS chapters 430 and 801 to 822.
(2) Subject to ORS 417.300 and 417.305,
the director shall:
(a) Report to the Legislative Assembly on
accomplishments and issues occurring during each biennium, and report on a new
biennial plan describing resources, needs and priorities for all alcohol and
drug abuse programs.
(b) Develop within the Department of Human
Services priorities for alcohol and drug abuse programs and activities.
(c) Monitor the priorities of approved
alcohol and drug abuse related programs in all other state agencies.
(d) Conduct statewide and special planning
processes which provide for participation from state and local agencies, groups
and individuals.
(e) Identify the needs of special
populations including minorities, elderly, youth, women and individuals with
disabilities.
(f) Subject to ORS chapter 183, adopt such
rules as are necessary for the performance of the duties and functions
specified by this section, ORS 409.010 and 430.255 to 430.630, or otherwise
lawfully delegated.
(3) The director may apply for, receive
and administer funds, including federal funds and grants, from sources other
than the state. Subject to expenditure limitation set by the Legislative
Assembly, funds received under this subsection may be expended by the director:
(a) For the study, prevention or treatment
of alcohol and drug abuse and dependence in this state.
(b) To provide training, both within this
state and in other states, in the prevention and treatment of alcohol and drug
abuse and dependence. [Formerly 184.757; 1997 c.166 §1; 2001 c.900 §73]
409.420
Other duties of director. In
addition to the Director of Human Services other responsibilities, the
director shall place special emphasis on all of the following:
(1) Establishing standards for both public
and private alcohol and drug abuse prevention, intervention and treatment
programs. It is the policy of the Legislative Assembly that all programs
providing alcohol and drug abuse related prevention, intervention and treatment
services in this state, with public funds, meet the standards established under
this subsection.
(2) Providing training for state employees
dealing directly with appropriate client groups to insure better recognition
and understanding of alcohol and drug abuse problems. Training is also to be
directed at increasing knowledge of appropriate and available resources for
assisting clients with alcohol and drug abuse problems.
(3) Conducting continuing long-term
evaluation of clients and other recipients of services from all Department of
Human Services funded programs, for periods of up to 24 months following
completion of service, to assess service effectiveness and enable appropriate
corrective actions.
(4) Ensuring financial audits and program
reviews of alcohol and drug abuse related programs and services that receive
funds, including beer and wine tax revenues distributed under ORS 430.380 and
471.810, from any state agency. [Formerly 184.759; 2003 c.14 §173]
409.425
Inhalant abuse; education resources. (1) For purposes of this section, inhalant has the meaning given
that term in ORS 167.808.
(2) The Director of Human Services shall
develop education resources focusing on the problem of inhalant abuse by
minors. The director shall ensure that special emphasis is placed on the
education of parents about the risks of inhalant use. The director shall
develop tools to help parents talk to their children about the extraordinary
risks associated with even a single use of inhalants, as well as those risks
that arise from repeated use.
(3) The director shall develop education
resources focusing on merchants that sell products that contain inhalants. The
director shall encourage merchants that sell products containing inhalants to
post signs that inform the public that using inhalants for the purpose of
intoxication is illegal and potentially deadly.
(4) The director shall develop and print a
standard sign for the purposes of subsection (3) of this section, and shall
make the sign available to merchants that elect to display the sign. The sign
shall:
(a) Contain the message, Illegal to
inhale fumes for purpose of intoxication. Fumes may cause serious injury or
death!!
(b) Be at least five by seven inches in
size with lettering that is at least three-eighths of an inch in height.
(c) Contain a graphic depiction of the
message to convey the message to a person who cannot read the message. If the
depiction includes a picture of a person, the depiction of the person shall be
of a minor and shall not reflect any specific race or culture.
(5) The sign developed under subsection
(4) of this section shall be in English and in such other languages as may be commonly
used in this state. Merchants shall be encouraged to post signs in languages
other than English if English is not the primary language of a significant
number of the patrons of the business. [1999 c.229 §2; 2003 c.14 §174]
GAMBLING
ADDICTION PROGRAMS
409.430
Gambling addiction programs; advisory committee. (1) The Department of Human Services, in
collaboration with county representatives, prior to January 1, 2000, shall
develop a plan for the administration of the statewide gambling addiction programs
and delivery of program services.
(2) The Department of Human Services may
appoint an advisory committee or designate an existing advisory committee to
make recommendations to the department concerning:
(a) Performance standards and evaluation
methodology;
(b) Fiscal reporting and accountability;
(c) Delivery of services; and
(d) A distribution plan for use of
available funds.
(3) The distribution plan for the moneys
available in the Problem Gambling Treatment Fund shall be based on performance standards.
(4) The Department of Human Services may
enter into an intergovernmental agreement or other contract for the delivery of
services related to programs for the prevention and treatment of gambling
addiction and other emotional and behavioral problems related to gambling.
(5) Before entering into an agreement or
contract under subsection (4) of this section, the Department of Human Services
must consider the experience, performance and program capacity of those
organizations currently providing services. [1999 c.985 §3]
409.435
Problem Gambling Treatment Fund. (1) There is established in the State Treasury, separate and distinct
from the General Fund, the Problem Gambling Treatment Fund. All moneys in the
Problem Gambling Treatment Fund are continuously appropriated to the Department
of Human Services to be expended for programs for the prevention and treatment
of gambling addiction and other emotional and behavioral problems related to
gambling and for the administration of the programs.
(2) The Problem Gambling Treatment Fund
shall consist of:
(a) The net proceeds from the Oregon State
Lottery allocated to the fund under ORS 461.549;
(b) Moneys appropriated to the fund by the
Legislative Assembly; and
(c) Interest earnings on moneys in the fund.
[1999 c.985 §2]
RESPITE CARE
PROGRAM
409.450
Definitions for ORS 409.450 to 409.478. As used in ORS 409.450 to 409.478:
(1) Caregiver means an individual
providing ongoing care for an individual with special needs.
(2) Community lifespan respite care
program means a noncategorical respite care program that:
(a) Is operated by community-based private
nonprofit, for-profit or public agencies that provide respite care services;
(b) Receives funding through the Oregon
Lifespan Respite Care Program established under ORS 409.458;
(c) Serves an area of one or more
counties;
(d) Acts as a single local source of
information and referral; and
(e) Facilitates access to local respite
care services.
(3) Noncategorical care means care
without regard to the status of the individual receiving care, including but
not limited to age and type of special need.
(4) Provider means an individual or
agency selected by a family or caregiver to provide respite care to an
individual with special needs.
(5) Respite care means the provision of
short-term relief to primary caregivers from the demands of ongoing care for an
individual with special needs.
(6) Respite care services includes:
(a) Recruiting and screening paid and
unpaid respite care providers;
(b) Identifying local training resources
and organizing training opportunities for respite care providers;
(c) Matching families and caregivers with
providers and other types of respite care;
(d) Linking families and caregivers with
payment resources;
(e) Identifying, coordinating and
developing community resources for respite care;
(f) Providing quality assurance and
evaluation; and
(g) Assisting families and caregivers to
identify respite care needs and resources.
(7) Special needs includes:
(a) Alzheimers disease and related
disorders;
(b) Developmental disabilities;
(c) Physical disabilities;
(d) Chronic illness;
(e) Mental illness;
(f) Behavioral and emotional conditions
that require supervision;
(g) Situations in which a high risk of abuse
or neglect exists; and
(h) Such other situations or conditions as
the Department of Human Services may establish by rule. [1997 c.745 §1; 2007
c.71 §104; 2007 c.512 §1]
409.454
Legislative findings on respite care. The Legislative Assembly finds that:
(1) Supporting the efforts of families and
caregivers to care for individuals with special needs at home is efficient,
cost effective and humane. Families receiving occasional respite care relief
are less likely to request admission of an individual with special needs to
nursing homes, foster care or other out-of-home care at public expense.
(2) Respite care reduces family and
caregiver stress, enhances family and caregiver coping ability and strengthens
family ability to meet the challenging demands of caring for individuals with
special needs.
(3) Respite care reduces the risk of abuse
and neglect of children, senior citizens and other vulnerable groups.
(4) Coordinated, noncategorical respite
care services must be available locally to provide reliable short-term relief
when it is needed by families and caregivers regardless of where they live in
409.458
(1) Provide policy and program development
support, including but not limited to data collection and outcome measures;
(2) Identify and promote resolution of
local and state level policy concerns;
(3) Provide technical assistance to
community lifespan respite care programs in the areas of respite care program
operations, resource development, best practices, training, coordination with
other caregiver programs and promoting public awareness;
(4) Develop and distribute respite care
information;
(5) Promote the exchange of information
and coordination among state and local government, community lifespan respite
care programs, agencies serving individuals with special needs, families and
respite care advocates to encourage efficient provision of respite care and
reduce duplication of effort;
(6) Ensure statewide access to community
lifespan respite care programs; and
(7) Monitor and evaluate implementation of
community lifespan respite care programs. [1997 c.745 §3; 2007 c.512 §2]
409.462
Community programs; criteria; administrator of program; advisory council. (1) The Department of Human Services through
the Oregon Lifespan Respite Care Program shall coordinate the establishment of
community lifespan respite care programs. The program shall accept proposals to
operate community lifespan respite care programs, submitted in the form and
manner required by the program, from community-based private nonprofit,
for-profit or public agencies that provide respite care services. According to
criteria established by the Department of Human Services, the Oregon Lifespan
Respite Care Program shall designate and fund agencies described in this
section to operate the community lifespan respite care programs.
(2) The Director of Human Services shall
create the position of administrator of the Oregon Lifespan Respite Care
Program to carry out the duties of the program.
(3) The Director of Human Services shall
appoint an advisory council to the Oregon Lifespan Respite Care Program. The
council shall be composed of respite care program managers, respite care
consumers, family members and other interested individuals and shall meet no
fewer than four times per year. [1997 c.745 §4; 2007 c.512 §3]
409.466
Community program duties; advisory committee. Each community lifespan respite care program established pursuant to
ORS 409.458 shall:
(1) Involve key local individuals and
agencies in the community lifespan respite care program planning process.
(2) Create an advisory committee to advise
the community lifespan respite care program on how the program may best serve
the needs of families and caregivers of individuals with special needs. A
majority of the members of the advisory committee shall be family members and caregivers
of individuals with special needs. Other members shall include respite care
providers, representatives of local service agencies and other community
representatives. Committee membership shall represent senior citizens, adults
and children with special needs, and families at risk of abuse or neglect. [1997
c.745 §5; 2007 c.512 §4]
409.470
Description of respite care services. Respite care services made available through the Oregon Lifespan
Respite Care Program shall:
(1) Include a flexible array of respite
care options responsive to family and caregiver needs and available before
families and caregivers are in a crisis situation;
(2) Be sensitive to the unique needs,
strengths and multicultural values of an individual, family or caregiver;
(3) Offer the most efficient access to an
array of coordinated respite care services that are built on existing community
supports and services;
(4) Be driven by community strengths,
needs and resources; and
(5) Use a variety of funds and resources,
including but not limited to:
(a) Family or caregiver funds;
(b) Private and volunteer resources;
(c) Public funds; and
(d) Exchange of care among families or
caregivers. [1997 c.745 §6]
409.474
Rules. The Department of
Human Services shall adopt all rules necessary for the operation and
administration of the Oregon Lifespan Respite Care Program, including but not
limited to:
(1) Establishing criteria, procedures and
timelines for designation of the community-based private nonprofit, for-profit
or public agencies that will receive funding to provide respite services under
community lifespan respite care programs;
(2) Requiring that community lifespan
respite care programs publicize the telephone number and address where families
and caregivers may contact the program;
(3) Establishing operational guidelines
and outcome measures for state and community lifespan respite care programs;
(4) Establishing program reporting and
data collection requirements;
(5) Creating statewide minimum standards
for lifespan respite care providers;
(6) Establishing standards for
coordination between the Oregon Lifespan Respite Care Program and other
caregiving programs; and
(7) Establishing a statewide quality
assurance process and quality assurance measures. [1997 c.745 §7; 2007 c.512 §5]
409.478
Use of funds appropriated to program. The Oregon Lifespan Respite Care Program may use the funds
appropriated to the program for the following purposes:
(1) The purposes established in ORS
409.458 and 409.462;
(2) Costs related to ongoing provider
recruitment and training, information and referral, outreach and other
components of the provision of local respite care;
(3) One time only start-up costs related
to the establishment of the community lifespan respite care program;
(4) Administrative costs for maintaining
ongoing program operation at both the state and local levels, including
technology acquisition and upgrades to expand access to respite care services
and to improve accountability; and
(5) The purchase of community-based
respite care for families and individuals. [1997 c.745 §9; 2007 c.512 §6]
PAIN
MANAGEMENT COMMISSION
409.500
Pain Management Commission established; duties; staffing. (1) The Pain Management Commission is
established within the Department of Human Services. The commission shall:
(a) Develop pain management
recommendations;
(b) Develop ways to improve pain
management services through research, policy analysis and model projects; and
(c) Represent the concerns of patients in
(2) The pain management coordinator of the
Department of Human Services shall serve as staff to the commission. [2001
c.987 §1; 2007 c.528 §1]
409.510
Additional duties of commission. The Pain Management Commission shall:
(1) Develop a pain management education
program curriculum and update it biennially;
(2) Provide health professional regulatory
boards and other health boards, committees or task forces with the curriculum;
(3) Work with health professional
regulatory boards and other health boards, committees or task forces to develop
approved pain management education programs as required; and
(4)(a) Review the pain management
curricula of educational institutions in this state that provide post-secondary
education or training for persons required by ORS 409.560 to complete a pain
management education program. The commission shall make recommendations about
legislation needed to ensure that adequate information about pain management is
included in the curricula reviewed and shall report its findings to the
Legislative Assembly in the manner required by ORS 192.245 by January 1 of each
odd-numbered year.
(b) As used in this subsection, post-secondary
educational institution has the meaning given that term in ORS 348.105. [2001
c.987 §3; 2007 c.528 §2]
409.520
Membership of Pain Management Commission. (1) The Pain Management Commission shall consist of 19 members as
follows:
(a) Seventeen members shall be appointed
by the Director of Human Services. Prior to making appointments, the director
shall request and consider recommendations from individuals and public and
private agencies and organizations with experience or a demonstrated interest
in pain management issues, including but not limited to:
(A) Physicians licensed under ORS chapter
677 or organizations representing physicians;
(B) Nurses licensed under ORS chapter 678
or organizations representing nurses;
(C) Psychologists licensed under ORS
675.010 to 675.150 or organizations representing psychologists;
(D) Physician assistants licensed under
ORS chapter 677 or organizations representing physician assistants;
(E) Chiropractic physicians licensed under
ORS chapter 684 or organizations representing chiropractic physicians;
(F) Naturopaths licensed under ORS chapter
685 or organizations representing naturopaths;
(G) Clinical social workers licensed under
ORS 675.510 to 675.600 or organizations representing clinical social workers;
(H) Acupuncturists licensed under ORS
677.759;
(I) Pharmacists licensed under ORS chapter
689;
(J) Palliative care professionals or
organizations representing palliative care professionals;
(K) Mental health professionals or
organizations representing mental health professionals;
(L) Health care consumers or organizations
representing health care consumers;
(M) Hospitals and health plans or
organizations representing hospitals and health plans;
(N) Patients or advocacy groups
representing patients;
(O) Dentists licensed under ORS chapter
679;
(P) Occupational therapists licensed under
ORS 675.210 to 675.340;
(Q) Physical therapists licensed under ORS
688.010 to 688.201; and
(R) Members of the public.
(b) Two members shall be members of a
legislative committee with jurisdiction over human services issues, one
appointed by the President of the Senate and one appointed by the Speaker of
the House of Representatives. Both members shall be nonvoting, ex officio
members of the commission.
(2) The term of office of each member is
four years, but a member serves at the pleasure of the appointing authority.
Before the expiration of the term of a member, the appointing authority shall
appoint a successor whose term begins on July 1 next following. A member is
eligible for reappointment. If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately effective for the
unexpired term. [2001 c.987 §2; 2003 c.14 §175; 2005 c.162 §1; 2007 c.528 §3]
409.530
Selection of chairperson and vice chairperson; requirements for commission
meetings. (1) The Director
of Human Services shall select one member of the Pain Management Commission as
chairperson and another as vice chairperson, for such terms and with duties and
powers necessary for the performance of the functions of such offices as the
director determines.
(2) A majority of the voting members of
the commission constitutes a quorum for the transaction of business.
(3) The commission shall meet at least
once every six months at a place, day and hour determined by the director. The
commission also shall meet at other times and places specified by the call of
the chairperson or of a majority of the members of the commission. [2001 c.987 §5]
409.540
Pain Management Fund established. There is established the Pain Management Fund in the Department of
Human Services Account established under ORS 409.060. All moneys credited to
the Pain Management Fund are continuously appropriated for the purposes of ORS
409.500 to 409.570 to be expended by the Pain Management Commission established
under ORS 409.500. [2001 c.987 §9]
409.550
Acceptance of contributions.
The Pain Management Commission may accept contributions of funds and assistance
from the United States Government or its agencies or from any other source,
public or private, and agree to conditions thereon not inconsistent with the
purposes of the commission. All such funds shall be deposited in the Pain
Management Fund established in ORS 409.540 to aid in financing the duties,
functions and powers of the commission. [2001 c.987 §6]
409.560
Pain management education required of certain licensed health care
professionals; duties of
(2) The Oregon Medical Board, in
consultation with the Pain Management Commission, shall identify by rule
physicians licensed under ORS chapter 677 who, on an ongoing basis, treat
patients in chronic or terminal pain and who must complete one pain management
education program established under ORS 409.510. The board may identify by rule
circumstances under which the requirement under this section may be waived. [2001
c.987 §10; 2005 c.162 §2; 2007 c.528 §4]
409.565
Completion of pain management education program. A person required to complete one pain
management education program established under ORS 409.510 shall complete the
program:
(1) Within 24 months of January 2, 2006;
(2) Within 24 months of the first renewal
of the persons license after January 2, 2006; or
(3) For a physician assistant for whom an
application under ORS 677.510 (1) has been approved before January 2, 2006,
within 24 months after January 2, 2006. [2001 c.987 §11; 2001 c.987 §11a]
Note: 409.565 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 409 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
409.570
Rules. In accordance with
applicable provisions of ORS chapter 183, the Pain Management Commission may
adopt rules necessary to implement ORS 409.500 to 409.570. [2001 c.987 §8]
WOMEN,
INFANTS AND CHILDREN PROGRAM
409.600
Women, Infants and Children Program; rulemaking; civil penalties; rules. (1) The Women, Infants and Children Program
is established in the Department of Human Services. The purpose of the program
is to serve as an adjunct to health care by providing nutritious food,
nutrition education and counseling, health screening and referral services to
pregnant and breast-feeding women and to infants and children in certain
high-risk categories.
(2) The department shall adopt:
(a) Standards and procedures to guide
administration of the program by the state in conformity with federal
requirements and to define the rights, responsibilities and legal procedures of
program vendors; and
(b) Rules necessary to implement and carry
out the provisions of this section.
(3)(a) In addition to any other penalty
provided by law, the department may assess a civil penalty against any person
for violation of any rule of the department relating to the Women, Infants and
Children Program. The department shall adopt by rule criteria for the amount of
civil penalties to be assessed under this section.
(b) All penalties recovered under this
section shall be deposited into the General Fund of the State Treasury and
credited to a subaccount of the Department of Human Services Account designated
by the department. Moneys deposited are appropriated continuously to the
department and shall be used only for the administration and enforcement of
this section. [1999 c.822 §1]
CHILD CARE
SERVICES
409.610
Legislative goal. It is the
goal of the Legislative Assembly to provide programs to make child care
services more affordable, to improve the quality of services offered and to
increase the number of child care providers. Programs should be tailored to the
needs of local communities and should include a combination of actions that
will address both targeted populations, such as teen parents or children with
disabilities, and low-income working or student parents. [1991 c.697 §1; 2007
c.70 §162]
HEALTH CARE
INTERPRETERS
409.615
Definitions for ORS 409.615 to 409.623. As used in ORS 409.615 to 409.623:
(1) Health care interpreter means a
person who is readily able to communicate with a person with limited English
proficiency and to accurately translate the written or oral statements of the
person with limited English proficiency into English, and who is readily able
to translate the written or oral statements of other persons into the language
of the person with limited English proficiency.
(2) Health care means medical, surgical
or hospital care or any other remedial care recognized by state law, including
mental health care.
(3) Person with limited English proficiency
means a person who, by reason of place of birth or culture, speaks a language
other than English and does not speak English with adequate ability to
communicate effectively with a health care provider. [2001 c.903 §1]
409.617
Legislative findings and policy on health care interpreters. (1) The Legislative Assembly finds that
persons with limited English proficiency are often unable to interact
effectively with health care providers. Because of language differences,
persons with limited English proficiency are often excluded from health care
services, experience delays or denials of health care services or receive
health care services based on inaccurate or incomplete information.
(2) The Legislative Assembly further finds
that the lack of competent health care interpreters among health care providers
impedes the free flow of communication between the health care provider and
patient, preventing clear and accurate communication and the development of
empathy, confidence and mutual trust that is essential for an effective
relationship between health care provider and patient.
(3) It is the policy of the Legislative
Assembly that health care for persons with limited English proficiency be
provided according to the guidelines established under the policy statement
issued August 30, 2000, by the U.S. Department of Health and Human Services,
Office for Civil Rights, entitled, Title VI of the Civil Rights Act of 1964;
Policy Guidance on the Prohibition Against National Origin Discrimination As It
Affects Persons With Limited English Proficiency, and the 1978 Patients Bill
of Rights. [2001 c.903 §2]
409.619
(a) The Governor shall appoint two members
from each of the following groups:
(A) Consumers of medical services who are
persons with limited English proficiency and who use health care interpreters;
(B) Educators who either teach
interpreters or persons in related educational fields, or who train recent
immigrants and persons with limited English proficiency;
(C) Persons with expertise and experience
in administration or policymaking related to the development and operation of
policies, programs or services related to interpreters, and who have
familiarity with the rulings of the federal Office for Civil Rights concerning
interpreter services for various institutions;
(D) Health care providers, consisting of
one physician and one registered nurse, who utilize interpreter services
regularly in their practice;
(E) Representatives of safety net clinics
that predominantly serve persons with limited English proficiency; and
(F) Representatives of hospitals, health
systems and health plans predominantly serving persons with limited English
proficiency.
(b) The Governor shall appoint one
representative from each of the following agencies and organizations after
consideration of nominations by the executive authority of each:
(A) The Commission on Asian Affairs;
(B) The Commission on Black Affairs;
(C) The Commission on Hispanic Affairs;
(D) The Commission on Indian Services;
(E) The
(F) The Oregon Judicial Departments
Certified Court Interpreter program;
(G) The Commission for Women; and
(H) The Institute for Health Professionals
of
(c) The Director of Human Services shall
appoint one member from each of the following:
(A) The Department of Human Services;
(B) The Office of Medical Assistance
Programs;
(C) The Mental Health and Developmental
Disability Services Division;
(D) The Senior and Disabled Services
Division; and
(E) The Health Division.
(d) The membership of the council shall be
appointed so as to be representative of the racial, ethnic, cultural, social
and economic diversity of the people of this state.
(2) The term of a member shall be three
years. A member may be reappointed.
(3) If there is a vacancy for any cause,
the appointing authority shall make an appointment to become immediately
effective for the unexpired term. The appointing authority may appoint a
replacement for any member of the council who misses more than two consecutive
meetings of the council. The newly appointed member shall represent the same
group as the vacating member.
(4) The council shall select one member as
chairperson and one member as vice chairperson, for such terms and with duties
and powers as the council determines necessary for the performance of the
functions of such offices.
(5) The council may establish such
advisory and technical committees as it considers necessary to aid and advise
the council in the performance of its functions. The committees may be
continuing or temporary committees. The council shall determine the
representation, membership, terms and organization of the committees and shall
appoint committee members.
(6) A majority of the members of the
council shall constitute a quorum for the transaction of business.
(7) Members of the council are not
entitled to compensation, but at the discretion of the Director of Human
Services may be reimbursed for actual and necessary travel and other expenses
incurred by them in the performance of their official duties, subject to ORS
292.495.
(8) The council may accept contributions
of funds and assistance from the United States Government or its agencies or
from any other source, public or private, for purposes consistent with the
purposes of the council.
(9) The Department of Human Services shall
provide the council with such services and employees as the council requires to
carry out its duties. [2001 c.903 §3]
409.620 [1991 c.697 §4; repealed by 1993 c.676 §53]
409.621
Testing, qualification and certification standards for health care
interpreters. The Oregon
Council on Health Care Interpreters shall work in cooperation with the
Department of Human Services to:
(1) Develop testing, qualification and
certification standards for health care interpreters for persons with limited
English proficiency.
(2) Coordinate with other states to
develop and implement educational and testing programs for health care
interpreters.
(3) Examine operational and funding
issues, including but not limited to the feasibility of developing a central
registry and annual subscription mechanism for health care interpreters.
(4) Do all other acts as shall be
necessary or appropriate under the provisions of ORS 409.615 to 409.623. [2001
c.903 §4]
409.623
Rules on procedures for testing, qualification and certification of health care
interpreters; fees. (1) In
consultation with the Oregon Council on Health Care Interpreters, the
Department of Human Services shall by rule establish procedures for testing,
qualification and certification of health care interpreters for persons with
limited English proficiency, including but not limited to:
(a) Minimum standards for qualification
and certification as a health care interpreter, including:
(A) Oral and written language skills in
English and in the language for which health care interpreter qualification or
certification is granted; and
(B) Formal education or training in
medical terminology, anatomy and physiology, and medical ethics;
(b) Categories of expertise of health care
interpreters based on the English and non-English skills and the medical
terminology skills of the person seeking qualification or certification;
(c) Procedures for receiving applications
and for examining applicants for qualification or certification;
(d) The content and administration of
required examinations;
(e) The requirements and procedures for
reciprocity of qualification and certification for health care interpreters
qualified or certified in another state or territory of the United States; and
(f) Fees for application, examination,
initial issuance, renewal and reciprocal acceptance of qualification or
certification as a health care interpreter and for other fees deemed necessary
by the department.
(2) Any person seeking qualification or
certification as a health care interpreter must submit an application to the
department. If the applicant meets the requirements for qualification or
certification established by the department under this section, the department
shall issue an annual certificate of qualification or a certification to the
health care interpreter. The department shall collect a fee for the issuance of
the certificate of qualification or the certification and for any required
examinations in the amount established pursuant to subsection (1) of this section.
(3) The department shall work with other
states to develop educational and testing programs and procedures for the
qualification and certification of health care interpreters.
(4) In addition to the requirements for
qualification established under subsection (1) of this section, a person may be
qualified as a health care interpreter only if the person:
(a) Is able to fluently interpret or
translate the dialect, slang or specialized vocabulary of the non-English
language for which qualification is sought;
(b) Has had at least 60 hours of health
care interpreter training that includes anatomy and physiology and concepts of
medical interpretation; and
(c) Has had practical experience as an
intern with a practicing health care interpreter.
(5) A person may not use the title of qualified
health care interpreter unless the person has met the requirements for
qualification established under subsections (1) and (4) of this section and has
been issued a valid certificate of qualification by the department.
(6) In addition to the requirements for
certification established under subsection (1) of this section, a person may be
certified as a health care interpreter only if:
(a) The person has met all the
requirements established under subsection (4) of this section; and
(b) The person has passed written and oral
examinations required by the department in English, in the non-English language
the person wishes to translate and in medical terminology.
(7) A person may not use the title of certified
health care interpreter unless the person has met the requirements for
certification established under subsections (1) and (6) of this section and has
been issued a valid certification by the department. [2001 c.903 §5]
409.625
Moneys received credited to Department of Human Services Account. All moneys received by the Oregon Council on
Health Care Interpreters under ORS 409.615 to 409.625 shall be paid into the
General Fund in the State Treasury and placed to the credit of the Department
of Human Services Account. Such moneys are appropriated continuously to the
department and shall be used only for the administration and enforcement of the
provisions of ORS 409.615 to 409.625. [2001 c.903 §7]
409.630 [1991 c.697 §6; repealed by 1993 c.676 §53]
JOB REFERRALS
409.710
Certain job referrals prohibited; eligibility not conditioned on employment at
workplace involved in labor dispute. (1) The Department of Human Services may not refer any individual on a
job referral that would aid in the filling of a job opening that exists because
of a labor dispute.
(2) Notwithstanding any other provision of
law, neither the department nor any other state agency may require as a
condition of eligibility to receive benefits or services provided by the
department or agency that an individual apply for or accept employment at any
workplace where there is a labor dispute in progress.
(3) As used in this section, labor
dispute has the meaning given that term in ORS 662.010. [Formerly 184.883;
2001 c.900 §74; 2003 c.14 §176]
MISCELLANEOUS
409.720
Emergency planning; rules.
(1) As used in this section:
(a) Adult foster home has the meaning
given that term in ORS 443.705 (1).
(b) Health care facility has the meaning
given that term in ORS 442.015 (16).
(c) Residential facility has the meaning
given that term in ORS 443.400 (6).
(2) Every adult foster home, health care
facility and residential facility licensed or registered by the Department of
Human Services shall:
(a) Adopt a plan to provide for the safety
of persons who are receiving care at or are residents of the home or facility
in the event of an emergency that requires immediate action by the staff of the
home or facility due to conditions of imminent danger that pose a threat to the
life, health or safety of persons who are receiving care at or are residents of
the home or facility; and
(b) Provide training to all employees of
the home or facility about the responsibilities of the employees to implement
the plan required by this section.
(3) The department shall adopt by rule the
requirements for the plan and training required by this section. The rules
adopted shall include, but are not limited to, procedures for the evacuation of
the persons who are receiving care at or are residents of the adult foster
home, health care facility or residential facility to a place of safety when
the conditions of imminent danger require relocation of those persons. [2007
c.205 §1]
409.740
Information provided to retired physicians and health care providers. The Department of Human Services, in
consultation with the appropriate professional and trade associations and
licensing boards, shall inform retired physicians and health care providers
regarding ORS 30.302 and 30.792. [2005 c.362 §1]
409.742
Disclosure of information pertaining to cremated remains. (1) Notwithstanding any other provision of
law, the Department of Human Services shall disclose to the general public the
name and the dates of birth and death of a person whose cremated remains are in
the possession of the department for the purpose of:
(a) Giving a family member of the person
an opportunity to claim the cremated remains; and
(b) Creating a memorial for those persons
whose cremated remains are not claimed.
(2) If an individual contacts the
department to determine whether the department is in possession of the cremated
remains of a family member of the individual and the department determines that
the department is in possession of the cremated remains, the department shall
disclose to the individual that the department is in possession of the cremated
remains and offer the individual the opportunity to claim the remains.
(3) As used in this section, family
member means any individual related by blood, marriage or adoption to a person
whose cremated remains are in the possession of the department. [2005 c.823 §1;
2007 c.9 §1]
409.745
Physician Visa Waiver Program; rules; fees. (1) The Physician Visa Waiver Program is established in the Department
of Human Services. The purpose of the program is to make recommendations to the
United States Department of State for a waiver of the foreign country residency
requirement on behalf of foreign physicians holding visas who seek employment
in federally designated shortage areas.
(2) A foreign physician who has completed
a residency in the
(3) The department reserves the right to
recommend or decline to recommend any request for a waiver.
(4) The department shall adopt rules
necessary to implement and administer the program, including but not limited to
adopting an application fee not to exceed the cost of administering the
program. [2003 c.608 §1]
409.747
Setoff of liquidated debts.
Notwithstanding ORS 411.760 and 414.095, liquidated and delinquent debts owed
to the Department of Human Services may be set off against amounts owed by the
department to the debtors. [2007 c.446 §1]
409.750
State goal to eliminate or alleviate poverty. The State of
HOSPITAL
TAXES
Note: Sections 1 to 10 and 12 to 14, chapter 736,
Oregon Laws 2003, provide:
Sec.
1. As used in sections 1 to
9 of this 2003 Act:
(1) Charity care means costs for
providing inpatient or outpatient care services free of charge or at a reduced
charge because of the indigence or lack of health insurance of the patient
receiving the care services.
(2) Contractual adjustments means the
difference between the amounts charged based on the hospitals full established
charges and the amount received or due from the payor.
(3) Hospital has the meaning given that
term in ORS 442.015 but does not include special inpatient care facilities.
(4) Net revenue:
(a) Means the total amount of charges for
inpatient or outpatient care provided by the hospital to patients, less charity
care, bad debts and contractual adjustments;
(b) Does not include revenue derived from
sources other than inpatient or outpatient operations, including but not
limited to interest and guest meals; and
(c) Does not include any revenue that is
taken into account in computing a long term care facility assessment under
sections 15 to 22 of this 2003 Act.
(5) Waivered hospital means a type A or
type B hospital, as described in ORS 442.470, a hospital that provides only
psychiatric care or a hospital identified by the Department of Human Services
as appropriate for inclusion in the application described in section 4 of this
2003 Act. [2003 c.736 §1]
Sec.
2. (1) An assessment is
imposed on each hospital in this state that is not a waivered hospital. The
assessment shall be imposed at a rate determined by the Director of Human
Services by rule that is the directors best estimate of the rate needed to
fund the services and costs identified in section 9, chapter 736, Oregon Laws
2003. The rate of assessment shall be imposed on the net revenue of each
hospital subject to assessment. The director shall consult with representatives
of hospitals before setting the assessment.
(2) Notwithstanding subsection (1) of this
section, the rate of assessment may not exceed 1.5 percent.
(3) The assessment shall be reported on a
form prescribed by the Department of Human Services and shall contain the
information required to be reported by the department. The assessment form
shall be filed with the department on or before the 75th day following the end
of the calendar quarter for which the assessment is being reported. Except as
provided in subsection (7) of this section, the hospital shall pay the
assessment at the time the hospital files the assessment report. The payment
shall accompany the report.
(4) To the extent permitted by federal
law, aggregate taxes levied under this section may not exceed payments under
section 9 (2), chapter 736, Oregon Laws 2003.
(5) Notwithstanding subsection (4) of this
section, a hospital is not guaranteed that any additional moneys paid to the
hospital in the form of payments for services shall equal or exceed the amount
of the assessment paid by the hospital.
(6) Hospitals operated by the United
States Department of Veterans Affairs and pediatric specialty hospitals
providing care to children at no charge are exempt from the assessment imposed
under this section.
(7)(a) The Department of Human Services
shall develop a schedule for collection of the assessment for the calendar
quarter ending September 30, 2009, that will result in the collection occurring
between December 15, 2009, and the time all Medicaid cost settlements are
finalized for that calendar quarter.
(b) The Department of Human Services shall
prescribe by rule criteria for late payment of assessments. [2003 c.736 §2;
2007 c.780 §1]
Sec.
3. Notwithstanding section 2
of this 2003 Act, the Director of Human Services shall reduce the rate of
assessment imposed under section 2 of this 2003 Act to the maximum rate allowed
under federal law if the reduction is required to comply with federal law.
[2003 c.736 §3]
Sec.
4. (1) On or before January
1, 2004, the Department of Human Services shall submit an application to the
Centers for Medicare and Medicaid Services to request a waiver of the
broad-based tax requirement pursuant to 42 C.F.R. 433.68(e) to exempt waivered
facilities from the assessment imposed under section 2 of this 2003 Act. The
department shall ensure that the application requesting a waiver meets the
requirements of 42 C.F.R. 433.68(e)(1).
(2) The Director of Human Services may
include in the application requesting a waiver any hospital operated
exclusively for a prepaid group practice health plan that serves at least
200,000 members in this state and that has been issued a certificate of
authority by the Department of Consumer and Business Services as a health care service
contractor if the application requesting a waiver meets the requirements of 42
C.F.R. 433.68(e)(1).
(3) The department shall notify waivered
facilities that the department has submitted the application to the Centers for
Medicare and Medicaid Services to request a waiver of the broad-based tax
requirement pursuant to 42 C.F.R. 433.68(e) to exempt waivered facilities from
the assessment imposed under section 2 of this 2003 Act.
(4) If an application to the Centers for
Medicare and Medicaid Services for a waiver of the broad-based tax requirement
pursuant to 42 C.F.R. 433.68(e) is denied, the Director of Human Services may
resubmit the application with appropriate changes to receive a waiver of the
broad-based tax requirement. [2003 c.736 §4]
Sec.
5. (1) A hospital that fails
to file a report or pay an assessment under section 2 of this 2003 Act by the
date the report or payment is due shall be subject to a penalty of $500 per day
of delinquency. The total amount of penalties imposed under this section for
each reporting period may not exceed five percent of the assessment for the
reporting period for which penalties are being imposed.
(2) Penalties imposed under this section
shall be collected by the Department of Human Services and deposited in the
Department of Human Services Account established under ORS 409.060.
(3) Penalties paid under this section are
in addition to and not in lieu of the assessment imposed under section 2 of
this 2003 Act. [2003 c.736 §5]
Sec.
6. (1) Any hospital that has
paid an amount that is not required under sections 1 to 9 of this 2003 Act may
file a claim for refund with the Department of Human Services.
(2) Any hospital that is aggrieved by an
action of the Department of Human Services or by an action of the Director of
Human Services taken pursuant to subsection (1) of this section shall be
entitled to notice and an opportunity for a contested case hearing under ORS
chapter 183. [2003 c.736 §6]
Sec.
7. The Department of Human
Services may audit the records of any hospital in this state to determine
compliance with sections 1 to 9 of this 2003 Act. The department may audit
records at any time for a period of five years following the date an assessment
is due to be reported and paid under section 2 of this 2003 Act. [2003 c.736 §7]
Sec.
8. Amounts collected by the
Department of Human Services from the assessments imposed under section 2,
chapter 736, Oregon Laws 2003, shall be deposited in the Hospital Quality
Assurance Fund established under section 9, chapter 736, Oregon Laws 2003.
[2003 c.736 §8; 2005 c.757 §1]
Sec.
9. (1) The Hospital Quality
Assurance Fund is established in the State Treasury, separate and distinct from
the General Fund. Interest earned by the Hospital Quality Assurance Fund shall
be credited to the Hospital Quality Assurance Fund.
(2) Amounts in the Hospital Quality
Assurance Fund are continuously appropriated to the Department of Human
Services for the purpose of paying refunds due under section 6, chapter 736,
Oregon Laws 2003, and funding hospital services under ORS 414.705 to 414.750,
including but not limited to:
(a) Increasing reimbursement rates for
inpatient and outpatient hospital services under ORS 414.705 to 414.750 above
the rates that were in effect for those services on February 29, 2004;
(b) Expanding, continuing or modifying
hospital services for persons described in ORS 414.706 (5); and
(c) Paying administrative costs incurred
by the department to administer the assessments imposed under section 2,
chapter 736, Oregon Laws 2003.
(3) The department may not use moneys from
the Hospital Quality Assurance Fund to supplant, directly or indirectly, other
moneys made available to fund services described in subsection (2) of this
section. [2003 c.736 §9; 2005 c.757 §2; 2007 c.780 §2]
Sec.
10. Sections 1 to 9, chapter
736, Oregon Laws 2003, apply to net revenues earned by hospitals on or after
January 1, 2004, and before the earlier of October 1, 2009, or when the
assessment described in sections 37 to 44, chapter 736, Oregon Laws 2003, no
longer qualifies for federal matching funds under Title XIX of the Social
Security Act. [2003 c.736 §10; 2007 c.780 §3]
Sec.
12. Sections 1 to 9, chapter
736, Oregon Laws 2003, are repealed on January 2, 2012. [2003 c.736 §12; 2007
c.780 §4]
Sec.
13. Nothing in the repeal of
sections 1 to 9, chapter 736, Oregon Laws 2003, by section 12, chapter 736,
Oregon Laws 2003, affects the imposition and collection of a hospital
assessment under sections 1 to 9, chapter 736, Oregon Laws 2003, for a calendar
quarter beginning before September 30, 2009. [2003 c.736 §13; 2007 c.780 §5]
Sec.
14. Any moneys remaining in
the Hospital Quality Assurance Fund on December 31, 2013, are transferred to
the General Fund. [2003 c.736 §14; 2007 c.780 §6]
LONG TERM
CARE FACILITY TAXES
Note: Sections 15 to 24, 29 and 31, chapter 736,
Oregon Laws 2003, provide:
Sec.
15. As used in sections 15
to 22, chapter 736, Oregon Laws 2003:
(1) Assessment rate means the rate
established by the Director of Human Services under section 17, chapter 736,
Oregon Laws 2003.
(2) Assessment year means a 12-month
period, beginning July 1 and ending the following June 30, for which the
assessment rate being determined is to apply.
(3) Gross revenue:
(a) Means the revenue paid to a long term
care facility for patient care, room, board and services, less contractual
adjustments; and
(b) Does not include:
(A) Revenue derived from sources other
than long term care facility operations, including but not limited to
donations, interest and guest meals, or any other revenue not attributable to
patient care; and
(B) Hospital revenue or revenue derived
from hospital operations.
(4) Long term care facility has the
meaning given that term in ORS 442.015, but does not include an intermediate
care facility for persons with mental retardation.
(5) Medicaid patient days means patient
days attributable to patients who receive medical assistance under a plan
described in 42 U.S.C. 1396a et seq.
(6) Patient days means the total number
of patients occupying beds in a long term care facility for all days in the
calendar period for which an assessment is being reported and paid. For
purposes of this subsection, if a long term care facility patient is admitted
and discharged on the same day, the patient shall be deemed to occupy a bed for
one day. [2003 c.736 §15; 2005 c.757 §3; 2007 c.70 §358; 2007 c.780 §7]
Sec.
16. (1) A long term care
facility assessment is imposed on each long term care facility in this state.
(2) The amount of the assessment equals
the assessment rate times the number of patient days, including Medicaid
patient days, at the long term care facility for a calendar quarter.
(3) The assessment shall be reported on a
form prescribed by the Department of Human Services and shall contain the
information required to be reported by the department. The assessment form
shall be filed with the department on or before the last day of the month
following the end of the calendar quarter for which the assessment is being
reported. The long term care facility shall pay the assessment at the time the
facility files the assessment report. The payment shall accompany the report
unless the payment is transmitted electronically or unless the department
permits a later payment under criteria prescribed by the department by rule.
(4) A long term care facility is not
guaranteed that any additional moneys paid to the facility in the form of
reimbursements calculated according to the methodology described in section 24
(4), chapter 736, Oregon Laws 2003, shall equal or exceed the amount of the
long term care facility assessment paid by the facility. [2003 c.736 §16; 2005
c.757 §4; 2007 c.780 §8]
Sec.
17. (1) On or before June 15
of each year, the Director of Human Services shall establish an assessment rate
for long term care facilities that are not exempt for the assessment year from
the assessment imposed under section 16, chapter 736, Oregon Laws 2003. The
assessment rate shall apply prospectively to the assessment year. The
assessment rate shall be a rate estimated to collect an amount that does not
exceed six percent of the annual gross revenue of all long term care facilities
in this state, as determined from the financial statements or revenue reports,
prescribed by the director by rule, filed by long term care facilities for the
period ending June 30 of the previous year. For purposes of establishing an
assessment rate pursuant to this subsection, the director shall exclude the
annual gross revenue of long term care facilities that are exempt from the assessment
imposed under section 16, chapter 736, Oregon Laws 2003.
(2) On or before October 15 of each year,
the Department of Human Services shall refund any overage in tax dollars
collected under section 16, chapter 736, Oregon Laws 2003, that exceeds the
maximum percentage of the projected annual gross revenue of all long term care
facilities in this state as described in subsection (1) of this section. The
department shall refund any overage described in this subsection by crediting
the percentage of the overage attributable to each long term care facility
subject to the assessment described in section 16, chapter 736, Oregon Laws
2003, against taxes owed by that facility in succeeding assessment periods. The
department may collect any delinquent assessments, but may not collect any
underages in actual collections through an adjustment in assessment rates.
[2003 c.736 §17; 2005 c.757 §5; 2007 c.780 §9]
Sec.
18. (1) The Oregon Veterans
Home is exempt from the assessment imposed under section 16, chapter 736,
Oregon Laws 2003.
(2) A waivered long term care facility is
exempt from the long term care facility assessment imposed under section 16,
chapter 736, Oregon Laws 2003.
(3) As used in this section, waivered
long term care facility means:
(a) A long term care facility operated by
a continuing care retirement community that is registered under ORS 101.030 and
that admits:
(A) Residents of the continuing care
retirement community; or
(B) Residents of the continuing care
retirement community and nonresidents; or
(b) A long term care facility that is
annually identified by the Department of Human Services as having a Medicaid
recipient census that exceeds the census level established by the department
for the year for which the facility is identified. [2003 c.736 §18; 2003 c.736 §34;
2005 c.757 §7; 2007 c.780 §10]
Sec.
19. (1) A long term care
facility that fails to file a report or pay an assessment under section 16 of
this 2003 Act by the date the report or payment is due shall be subject to a
penalty of $500 per day of delinquency. The total amount of penalties imposed
under this section for each reporting period may not exceed five percent of the
assessment for the reporting period for which penalties are being imposed.
(2) Penalties imposed under this section
shall be collected by the Department of Human Services and deposited in the
Department of Human Services Account established under ORS 409.060.
(3) Penalties paid under this section are
in addition to and not in lieu of the assessment imposed under section 16 of
this 2003 Act. [2003 c.736 §19]
Sec.
20. (1) A long term care
facility that has paid an amount that is not required under sections 15 to 22
of this 2003 Act may file a claim for refund with the Department of Human
Services.
(2) Any long term care facility aggrieved
by an action of the Department of Human Services or by an action of the
Director of Human Services taken under sections 15 to 22 of this 2003 Act shall
be entitled to notice and an opportunity for a contested case hearing under ORS
chapter 183. [2003 c.736 §20]
Sec.
21. (1) Each long term care
facility subject to assessment under section 16 of this 2003 Act shall maintain
records sufficient to determine the amount of the assessment under section 16
of this 2003 Act.
(2) Unless otherwise exempt, a long term
care facility shall report the payment of the assessment as an allowable cost
for Medicaid reimbursement purposes.
(3) The Department of Human Services may
audit the records of any long term care facility in this state to determine
compliance with sections 15 to 22 of this 2003 Act. The department may audit
records at any time for a period of three years following the date an
assessment is due to be reported and paid under section 16 of this 2003 Act.
[2003 c.736 §21]
Sec.
22. Amounts collected by the
Department of Human Services from the assessment under section 16, chapter 736,
Oregon Laws 2003 shall be deposited in the Long Term Care Facility Quality
Assurance Fund established under section 24, chapter 736, Oregon Laws 2003.
[2003 c.736 §22; 2005 c.757 §10]
Sec.
23. Sections 15 to 22,
chapter 736, Oregon Laws 2003, apply to long term care facility assessments
imposed in calendar quarters beginning on or after November 26, 2003, and
before July 1, 2014. [2003 c.736 §23; 2005 c.757 §8; 2007 c.780 §11]
Sec.
24. (1) The Long Term Care
Facility Quality Assurance Fund is established in the State Treasury, separate
and distinct from the General Fund. Interest earned by the Long Term Care
Facility Quality Assurance Fund shall be credited to the fund.
(2) Amounts in the Long Term Care Facility
Quality Assurance Fund are continuously appropriated to the Department of Human
Services for the purposes of paying refunds due under section 20, chapter 736,
Oregon Laws 2003, and funding long term care facilities, as defined in section
15, chapter 736, Oregon Laws 2003, that are a part of the Oregon Medicaid
reimbursement system.
(3) Funds in the Long Term Care Facility
Quality Assurance Fund and the matching federal financial participation under
Title XIX of the Social Security Act may be used to fund Medicaid-certified
long term care facilities using only the reimbursement methodology described in
subsection (4) of this section to achieve a rate of reimbursement greater than
the rate in effect on June 30, 2003.
(4) The reimbursement methodology used to
make additional payments to Medicaid-certified long term care facilities
includes but is not limited to:
(a) Rebasing biennially, beginning on July
1 of each odd-numbered year;
(b) Adjusting for inflation in the
nonrebasing year;
(c) Continuing the use of the pediatric
rate;
(d) Continuing the use of the complex
medical needs additional payment;
(e) Discontinuing the use of the
relationship percentage, except when calculating the pediatric rate in
paragraph (c) of this subsection; and
(f) Requiring the Department of Human
Services to reimburse costs at a rate not lower than the 63rd percentile
ceiling of allowable costs for the biennium for which the reimbursement is
made. [2003 c.736 §24; 2005 c.757 §11; 2007 c.780 §12]
Sec.
29. Notwithstanding any
other provision of law, an assessment under sections 15 to 22, chapter 736,
Oregon Laws 2003, may be imposed only in a calendar quarter for which the long
term care facility reimbursement rate that is part of the Oregon Medicaid
reimbursement system was calculated according to the methodology described in
section 24 (4), chapter 736, Oregon Laws 2003. The Department of Human Services
may make retroactive increases in payments for the first six months the
assessment is imposed. [2003 c.736 §29; 2007 c.780 §13]
Sec.
31. Sections 15 to 22 and
24, chapter 736, Oregon Laws 2003, are repealed on January 2, 2015. [2003 c.736
§31; 2005 c.757 §9; 2007 c.780 §14]
Note: Sections 21 and 23 to 26, chapter 780,
Oregon Laws 2007, provide:
Sec.
21. Sections 22 and 23 of
this 2007 Act and sections 24 and 29, chapter 736, Oregon Laws 2003, are added
to and made a part of sections 15 to 22, chapter 736, Oregon Laws 2003. [2007
c.780 §21]
Sec.
23. Notwithstanding section
17 (1), chapter 736, Oregon Laws 2003, for the period from January 1, 2008, to
June 30, 2008, the Director of Human Services, on or before November 15, 2007,
shall establish the assessment rate under section 17, chapter 736, Oregon Laws 2003,
at a rate estimated to collect an amount for that period not to exceed 5.5
percent of the gross revenue of all long term care facilities in this state
during that period, excluding the gross revenue of long term care facilities
that are exempt from the assessment imposed under section 16, chapter 736,
Oregon Laws 2003. [2007 c.780 §23]
Sec.
24. Section 23 of this 2007
Act is repealed on July 1, 2008. [2007 c.780 §24]
Sec.
25. The repeal of section 23
of this 2007 Act by section 24 of this 2007 Act does not affect any long term
care facility assessment imposed at the rate and for the period established
pursuant to section 23 of this 2007 Act. [2007 c.780 §25]
Sec.
26. Section 23 of this 2007
Act and the amendments to sections 15, 16, 17, 18, 23, 24 and 29, chapter 736,
Oregon Laws 2003, by sections 7 to 13 of this 2007 Act apply to long term care
facility assessment in assessment years beginning on or after July 1, 2007.
[2007 c.780 §26]
MEDICAID
MANAGED CARE TAXES
Note: Sections 37 to 45 and 49 to 51, chapter 736,
Oregon Laws 2003, provide:
Sec.
37. As used in sections 37
to 44 of this 2003 Act:
(1) Managed care premiums means premium
payments paid to a prepaid managed care health services organization, but does
not include Medicare premiums.
(2) Prepaid managed care health services
organization or organization means a managed health, dental, mental health
or chemical dependency organization that contracts with the Department of Human
Services on a prepaid capitated basis under ORS 414.725. A prepaid managed care
health services organization may be a dental care organization, fully capitated
health plan, physician care organization, mental health organization or
chemical dependency organization. [2003 c.736 §37]
Sec.
38. (1) An assessment is imposed
on each prepaid managed care health services organization in this state. The
assessment shall be imposed at a rate set by the Director of Human Services.
The rate may not exceed six percent of managed care premiums paid to an
organization.
(2) The assessment shall be reported on a
form prescribed by the Department of Human Services and shall contain the
information required to be reported by the department. The assessment form
shall be filed with the department on or before the 75th day following the end
of the calendar quarter for which the assessment is being reported. The
organization shall pay the assessment at the time the organization files the
assessment report. The payment shall accompany the report unless the department
permits a later payment under criteria prescribed by the department by rule.
(3) A prepaid managed care health services
organization is not guaranteed that any additional moneys paid to the
organization shall equal or exceed the amount of the assessment paid by the
organization. [2003 c.736 §38; 2007 c.780 §15]
Sec.
39. Notwithstanding section
38 of this 2003 Act, the Director of Human Services may reduce the rate of
assessment imposed under section 38 of this 2003 Act to the maximum rate
allowed under federal law if the reduction is required to comply with federal
law. [2003 c.736 §39]
Sec.
40. (1) A prepaid managed
care health services organization that fails to file a report or pay an
assessment under section 38 of this 2003 Act by the date the report or payment
is due shall be subject to a penalty of $500 per day of delinquency. The total
amount of penalties imposed under this section for each reporting period may
not exceed five percent of the assessment for the reporting period for which
penalties are being imposed.
(2) Penalties imposed under this section
shall be collected by the Department of Human Services and deposited in the
Department of Human Services Account established under ORS 409.060.
(3) Penalties paid under this section are
in addition to and not in lieu of the assessment imposed under section 38 of
this 2003 Act. [2003 c.736 §40]
Sec.
41. (1) A prepaid managed
care health services organization that has paid an amount that is not required
under sections 37 to 44 of this 2003 Act may file a claim for refund with the
Department of Human Services.
(2) Any organization that is aggrieved by
an action of the Department of Human Services or by an action of the Director
of Human Services taken pursuant to subsection (1) of this section shall be
entitled to notice and an opportunity for a contested case hearing under ORS
chapter 183. [2003 c.736 §41]
Sec.
42. The Department of Human
Services may audit the records of any organization in this state to determine
compliance with sections 37 to 44 of this 2003 Act. The department may audit
the records at any time for a period of five years following the date an
assessment is due to be reported and paid under section 38 of this 2003 Act.
[2003 c.736 §42]
Sec.
43. Amounts collected by the
Department of Human Services from the assessments under section 38, chapter
736, Oregon Laws 2003, shall be deposited in the Medical Care Quality Assurance
Fund established under section 44, chapter 736, Oregon Laws 2003. [2003 c.736 §43;
2005 c.757 §12]
Sec.
44. (1) The Medical Care Quality
Assurance Fund is established in the State Treasury, separate and distinct from
the General Fund. Interest earned by the Medical Care Quality Assurance Fund
shall be credited to the Medical Care Quality Assurance Fund.
(2) Amounts in the Medical Care Quality
Assurance Fund are continuously appropriated to the Department of Human
Services for the purpose of paying refunds due under section 41, chapter 736,
Oregon Laws 2003, and funding the state medical assistance program, including
but not limited to health services provided by prepaid managed care health
services organizations.
(3) The department may not use moneys from
the Medical Care Quality Assurance Fund to supplant, directly or indirectly,
other moneys made available to fund the program and services described in
subsection (2) of this section. [2003 c.736 §44; 2005 c.757 §13; 2007 c.780 §16]
Sec.
45. Sections 37 to 44,
chapter 736, Oregon Laws 2003, apply to managed care premiums received by
prepaid managed care health services organizations on or after January 1, 2004,
and before October 1, 2009. [2003 c.736 §45; 2007 c.780 §17]
Sec.
49. Sections 37 to 44,
chapter 736, Oregon Laws 2003, are repealed on January 2, 2012. [2003 c.736 §49;
2007 c.780 §18]
Sec.
50. Nothing in the repeal of
sections 37 to 44, chapter 736, Oregon Laws 2003, by section 49, chapter 736,
Oregon Laws 2003, affects the imposition and collection of a prepaid managed
care health services organization assessment under sections 37 to 44, chapter
736, Oregon Laws 2003, for a calendar quarter beginning before September 30,
2009. [2003 c.736 §50; 2007 c.780 §19]
Sec.
51. Any moneys remaining in
the Medical Care Quality Assurance Fund on December 31, 2011, are transferred
to the General Fund. [2003 c.736 §51; 2007 c.780 §20]
_______________
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.