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Legislative Summary of House and Senate Bills

2003 Legislative Session: Major Initiatives and the 2001-2003 Budget - Legislative summaryPrint version of 2003 Legislative Session wrapup document Printer-friendly PDF format


Department-wide impact Children, Adults and Families Health Services Seniors and People with Disabilities




DEPARTMENT-WIDE IMPACT

Accounts receivable - HB 3023
Reduces the time frame, from one year to 90 days, in which Department of Human Services can hold delinquent accounts receivable before assigning them to Department of Revenue or private collection agencies.

Administrative savings - HB 2148
Directs the department to use $10 million from the Tobacco Use Reduction Account to fund the state Medical Assistance Program. Transfers $1.3 million from the Problem Gambling Treatment fund to the Administrative Services Economic Development Fund. Defines "administrative restrictions" and "government efficiency." Requires state agencies to calculate the amount saved quarterly through administrative restrictions and efficiencies and to report this information to the Legislative Fiscal Office. Requires the Department of Administrative Services to unschedule savings and transfer the General Fund portion of savings back to the General Fund on July 1, 2004 and on April 1, 2005. The Department of Administrative Services and the Legislative Fiscal Office will work with agencies if the need arises to reschedule savings in order to preserve legislatively approved programs.

Children's Advocate - HB 2522
Transfers Office of Children's Advocate to the department from the Commission on Children and Families. Requires most state ombudsmen to report to the Governor on a regular basis.

Client notice - SB 554
Requires a 30-day notice to clients when DHS changes a benefit standard that results in the reduction, suspension or closure of a grant of general assistance or a grant of public assistance. Increases consistency and uniformity of notification to clients when benefits change.

Contract law rewrite - HB 2341
Rewrites ORS 279 to revise requirements and procedures for public contracting. Takes effect March 2005. The legislation sets out processes in statute and adopts a "Procurement Code." The previous law allowed for these processes to be set out in rule versus statute. The department's Office of Contracts and Procurement will participate on a statewide committee co-chaired by the Department of Administrative Services and the Department of Justice. The committee will develop administrative rules that support the new procurement code.

County services - HB 3638
Specifies that requirements for counties to provide certain services in areas of mental health and developmental disabilities apply subject to availability of General Fund dollars.

The Governor's Office will convene a workgroup with local governments and state agency stakeholders to discuss issues identified during legislative hearings on the bill.

DHS budget - HB 5030
Funds the majority of the department's programs. (See the budget breakdowns.)

Disappropriations - HB 5077
If voters overturn HB 2152, this bill identifies specific funding disappropriations from the Department of Human Services. The potential reduction is broken into specified dollar amounts associated with the department's broad appropriation categories, as follows:
Cluster Section 88
($ millions)
Section 89 (partial)
($ millions)
Children, Adults and Families $17.4 $12.0
Community Human Services $0.1 $0.06
Health Services $224.1 $154.1
Seniors and People with Disabilities $18.6 $12.8
Lottery Funds* $5.5 $3.8
Total $265.7 182.76
* These dollars fund the Gambling Addiction program.

Section 88 of HB 5077 provides that if the entire measure is referred to the voters and the tax increases are rescinded, the total amount of direct General Fund revenue associated with HB 2152, or $792 million. Section 89 of HB 5077 provides that if any referral to the voters is less than the entire measure but includes the referral of the income tax assessment, then $545 million is to be disappropriated. In both cases, the disappropriations would take effect on May 1, 2004.

Extends cigarette tax for the OHP /raises income taxes - HB 2152
Extends the January 1, 2004 sunset for the 10-cent cigarette tax used to fund the Oregon Health Plan to January 1, 2006. Takes effect January 1, 2004. It also contains the Legislature's revenue plan, which levies a three-year surcharge on personal income taxes, imposes new minimums on corporate income taxes and reduces many business tax credits for three years. The surcharge is expected to raise about $800 million dollars. The extension of the 10-cent tax is expected to generate $24.16 million dollars to fund the Health Plan.

Faith-based organizations - SB 886
Directs the department to establish at least one pilot project that creates the opportunity for clients to access supportive assistance from faith- or community-based service organizations, if the participant has an existing relationship with that church or organization and wants to access this additional help. The department's service plan would be independent of the relationship with the provider.

Notice of transfer or encumbrances - HB 2156
Allows the department to file with county clerks a "Request for Notice of Transfer or Encumbrances" of real property owned by recipients of medical assistance or general assistance. The department will promulgate rules and forms and review notices delivered to the department by title companies. Furthermore, the department, in appropriate cases, will prepare and file the request forms with the county clerks.

Probate of estates - HB 2342
Makes changes to statutes regarding probate of decedents' estates. Removes restriction that bars creditors from making claims in a decedent's estate when the estate is opened more than two years after the date of death; and clarifies that Department of Human Services business records are admissible as evidence supporting claims for reimbursement of public assistance.

Provider tax - HB 2747
This bill assesses a tax on hospitals based on the hospital's net revenue. It excludes type A and B hospitals, hospitals that provide only psychiatric care and hospitals identified by the department. This bill also assesses long-term care facilities using a calculation specified in statute.

The revenue generated under this bill will provide funding for an Oregon Health Plan Standard benefit package to include: physician services, lab and X-ray, prescription drugs, outpatient mental health, outpatient chemical dependency, limited medical supplies and emergency dental. It expands CHIP coverage to 200 percent of the federal poverty level and establishes an $18M General Fund prescription drug program for eligible seniors and persons with disabilities.

Regulatory streamlining - HB 3120
Requires the Director of the Department of Consumer and Business Services to appoint a 10-member advisory committee to develop criteria for streamlining agency rules and to review agency compliance with rulemaking requirements. On December 31, 2004, this advisory committee sunsets. The act also adds minor requirements to the rulemaking process that all rules coordinators will need to follow and makes other changes to the rulemaking provisions of the Administrative Procedures Act.

Small estates administration - HB 2150
Makes changes to the statutes regarding small estates. Requires copies of small-estate affidavits to be mailed to the department's Estate Administration Unit; allows the director or her designee to certify copies of small-estate affidavits; and amends the statue that allows creditors to petition for summary review within two years of the date a small estate is filed with the court.

Warrant authority - HB 3629
Grants the department authority to file warrants in accordance with ORS 205.125 to facilitate collection of overpayments of public assistance. Notices to clients will be modified to provide notice to clients of the new enforcement remedies available.

CHILDREN, ADULTS AND FAMILIES SERVICES

Abuse definition and reporting - HB 2050
Expands the definition of child abuse to include parents who expose their children to methamphetamine or methamphetamine labs. It also expands the mandatory reporter list to include legislators. This has little or no impact on DHS child welfare since these reports come to us now.

Adoption jurisdiction - SB 38
Specifies circumstances giving Oregon courts jurisdiction in adoption proceedings; provides a clear and uniform approach in deciding which state has jurisdiction in adoption matters. As it amends ORS 258, the bill provides DHS clear and accurate direction in dealing with jurisdictional issues when they arise, e.g. contesting or intervening in an adoption proceeding or reporting the problem to the court. It also allows for better coordination and communication among DHS, DOJ, and the court in adjudicating adoption cases.

Adoption proceedings - HB 3338
Modifies provisions relating to desertion by a parent in adoption proceedings (mainly affecting step-parent adoptions). As it amends ORS 579, the bill also modifies provisions relating to the adoption of a person who is 18 years of age or older or is legally married. This bill may improve DHS' ability to communicate with the court about issues that might affect timeliness of the DHS adoption review process.

Child abuse record sharing - SB 628
Expands disclosure of child abuse records. It permits law enforcement agencies to make reports and records available to other law enforcement agencies, district attorneys, city attorneys with criminal prosecutorial functions and the Attorney General when law enforcement determines that disclosure is necessary for the investigations or enforcement of laws related to child abuse. The name and other identifying information about the person who made the report may not be disclosed.

Child Care Tax Credit - HB 3184
Improves flexibility, increases problem-solving alternatives and reduces paperwork by modifying statutory language that made the Child Care Division contribution tax credit difficult to use. Among other changes, it eliminated a requirement that the Child Care Division establish regions statewide and allocate funding to all regions in the state. Since the total amount appropriated is small, the amount to be allocated to each region would be too small to fund effective programs. This may indirectly impact DHS because the department is involved in developing the program and advising CCD on administration of the program.

Child support - HB 2095
Requires child support orders to include health care coverage for children in order to comply with federal child support laws. Establishes processes for the enforcement, appeal and termination of medical child support orders.

Child Support Program transfer - HB 2340
Transfers responsibility for administering the Child Support Program under Title IV-D of the Social Security Act from the Department of Human Services to the Department of Justice. The Child Support Program establishes paternity, establishes and enforces support orders. DHS has transferred to DOJ eight positions, related services and supplies, and accounting and business costs related to administering the Child Support Account.

Dependency proceedings - SB 72
Modifies ORS 231 regarding intervention and rights of limited participation in juvenile dependency proceedings. The bill resolves statutory inconsistencies, making the statute more "user-friendly."

Dependency proceedings summons - SB 71
Allows summons or service by mail in dependency proceedings. In amending ORS 230, this bill saves DHS time and money, improves communication among the court, attorneys, and parties to dependency and termination of parental rights proceedings, and improves consistency in dependency proceedings.

Driving under the influence of an intoxicant - SB 348
Increases fines for driving under the influence when there is a child passenger in the vehicle. The amendment changed the bill from eliminating the defendant's participation in the DUII diversion program, to giving a judge the option of denying or allowing a person to enter into diversion. Specifically charges adults with a crime when they drink and drive with children as passengers. These reports from law enforcement may increase in reports to child protective services.

Foreign children - HB 2091
In cases involving a child who is a foreign national, HB 2091 requires a petition for jurisdiction or motion to implement a plan other than return to parents be served on the child's foreign consulate. When DHS is the petitioner or movant, child welfare staff must send a copy of the petition or motion to the child's foreign consulate by regular mail as soon as possible after filing.

Guardianship procedures - SB 70
Describes the procedure for establishing guardianship in juvenile court. In certain instances, the law also requires local Citizen Review Boards to review cases of children for whom guardians have been appointed. The new law protects the interests of the guardian and the child and allows the court to modify or vacate guardianships only when it is in the child's best interest, thereby offering the child and the guardian additional security around the permanency of the guardianship arrangement.  

Hearing rights - HB 2696
Requires the department to provide an opportunity for a hearing when the department proposes to refuse, suspend or revoke a support service payment used to support participation in JOBS program services. This bill also requires the department to establish written standards for support service payments. This bill will likely increase consistency and uniformity of access to support service payments for program participants.

Homeless and runaway youth - HB 2963
Creates a Homeless and Runaway Youth Task Force. The task force includes representatives of DHS and several community partners. The work group will explore the homeless youth situation in Oregon and report findings and make recommendations to the House Health and Human Services Committee prior to the next legislative session.

Juvenile dependency proceedings - HB 2272
Authorizes the court to provide written or oral orders to notify persons of duty to appear to contest a petition in juvenile dependency proceedings. The bill, as it amends ORS 205, reduces paperwork and facilitates faster and more efficient notification process.

Medication and schools - SB 456
Prohibits school personnel from recommending to parents or guardians that they seek medications for students that would affect or alter thoughts, moods or behaviors. School personnel may communicate with parents or guardians concerning the behavior of the student at school. This does not relieve a school district of the duty to identify and evaluate students with disabilities.

Parents as scholars - HB 2450
Allows a small percentage of TANF participants to attend two or four-year educational institutions under certain conditions. The department's ability to implement this legislation is dependent on post-secondary education becoming a "countable" activity in the state's TANF participation rate calculation under federal guidelines.

Privacy of child support information - HB 2113
Limits disclosure of child support information and aligns state statute on disclosure of this information with federal law. This is related to disclosure of information from the Federal Parent Locator Service (FPLS).

Records retention - SB 14
Eliminates statutory time period for retention of child abuse records. Requires the department to meet with the State Archivist to develop rules specifying a retention period. The intent of this legislation is to bring retention of child abuse records more in line with national retention times (currently, child abuse records in Oregon are retained up to 75 years).

Shelter hearings - SB 115
Clarifies and strengthens procedures applying to presentation of information regarding a child at a shelter hearing. Any testimony, reports or other materials regarding the child's mental, physical, or social history and prognosis can be presented at a shelter hearing without regards to whether the evidence is admissible under ORS 40.010 to 40.210 and 40.310 to 40.484 if the evidence is relevant to the determination and findings required under this section. This bill will reduce and simplify reports or presentations given by child welfare workers during shelter hearings and make it less problematic to place children temporarily.

Social Security number records - HB 2783
Requires a state agency, board, or commission that issues certain licenses, certifications, permits or registrations subject to suspension pursuant to law to record the applicant's Social Security number (SSN) on the application for, or renewal of, a driver license or certain permit. It brings the Child Support Program (CSP) into compliance with 42 USC 666, which requires that the SSN of any applicant for a professional license, including a driver license, be recorded on the license application. If CSP remains out of compliance, it may affect TANF funding, which is contingent on CSP running a federally compliant program. Resolves conflict with federal regulations and ensures TANF funding is not disrupted.

Unemployment insurance - SB 903
Extends emergency unemployment benefits for up to 20 weeks and allows for an ongoing extension of 6.5 weeks under certain labor market conditions.

Workforce investment Act - SB 80
This bill would allow state agencies and others to join together to create compacts for the purposes of providing Workforce Investment Act (WIA) related services. It would also allow state agencies to enter into agreements with those compacts to deliver services. Prior to this legislation, state agencies could not form such compacts as the Attorney General has determined that these compacts are not legally recognized entities. This bill could be considered to increase coordination and flexibility between state-funded organizations by adding the ability for partnerships to contract for services. One such compact currently exists, SOREC in Service Delivery Area 8.

Youth in transition - SB 808
Requires the department to ensure that a comprehensive case plan for youth ages 16 years of age and older is appropriate for a successful transition to independent living. Plans must identify the needs and goals related to housing, physical and mental health, education, employment, community connections and supportive relationships. Requires the court to review the comprehensive plan at a permanency hearing and make findings as to whether the plan is adequate, if the department has offered appropriate services, and whether the youth was involved in the planning.

HEALTH SERVICES

Blood alcohol testing methods - HB 2157
Establishes current standards for laboratories that perform chemical analyses of human blood for blood alcohol content. This bill requires that blood alcohol tests for legal purposes be performed in a certified or accredited laboratory rather than by using one of a list of DHS-approved methods. This bill updates and modernizes the current testing system to incorporate changing technology, which can ensure the quality and accuracy of laboratory results.

Bioterrorism preparedness - HB 2251
Authorizes the Governor to proclaim state of impending public health crisis under certain circumstances. Allows Governor to seek assistance under Emergency Management Assistance Compact during state of impending public health crisis.

The Oregon Department of Justice analyzed the state's emergency powers authority and the Governor's Security Council examined approximately 15 potential issues relating to public health. This bill addresses council recommendations relating to public health alerts. The measure provides the Governor with the ability to implement public health measures to address a public health emergency or imminent emergency.

Brain tumor registry - SB 191
Adds benign tumors of the brain and central nervous system to the list of cases reportable to the Oregon State Cancer Registry. Requires clinical laboratories that diagnose cases of cancer or benign tumors of brain and central nervous system to report information to the statewide cancer registry.

In October 2002, Congress approved the Benign Brain Tumor Cancer Registries Amendment Act, requiring the collection of data on benign brain tumors through the nationwide program of cancer registries. SB 191 allows Oregon to collect this data and to be in compliance with the new federal law.

Emergency health care providers registry - HB 2410
Authorizes the Department of Human Services to establish a registry of emergency health care providers for the purpose of providing services during emergencies. Provides that upon the Governor declaring a state of emergency and while participating in authorized training, registered health care providers and health care facilities providing services are agents of the state for the purposes of the Oregon Tort Claims Act.

Evidence-based programming - SB 267
Requires that the department's Office of Mental Health & Addictions Services (OMHAS) dedicate steadily increasing portions of its budget to the provision of "evidence-based" programming. Beginning July 1, 2005, providers of mental health and addiction services will have to meet the criteria for delivering evidenced-based programming.

Food-borne illness prevention program - HB 3156
The Food Protection Program is part of the Office of Environmental Services and Consultation. Oregon has over 9,000 restaurants and nearly 17,000 total food service facilities. Licensing, inspection and enforcement services are provided through the department's Field Services Unit, or by local health departments. The goal is to work in partnership with local health departments, the food service industry, and the public to reduce or eliminate the known causes of food-borne illness. This bill requires the department to establish a food-borne illness prevention program for the purpose of protecting the public health and establishing intergovernmental agreements to delegate authority of administration and enforcement.

Genetic privacy - SB 618
Modifies laws relating to genetic privacy. Among the changes enacted; the bill:
  • Clarifies the definition of anonymous genetic research and specifies how the notification requirement for such research is satisfied.
  • Permits the use of anonymous or coded research of genetic materials obtained without notification or consent before the effective date of the measure.
  • Adds a public member to the Advisory Committee on Genetic Privacy and Research.
  • Conforms Oregon law's terminology to the federal Health Insurance Portability and Accountability Act (HIPAA)

Immunization ALERT cost recovery - HB 2244
Establishes a fee/assessment for those not voluntarily contributing but requesting services from Oregon's statewide immunization registry (ALERT). Collection of fees does not apply to hospitals, schools or individual health care providers. This bill also allows the registry to be used as a vaccination management and tracking system in preparation for a potential catastrophic disease threat, such as smallpox or pandemic influenza.

HB 2244 establishes a fee/assessment for those not voluntarily contributing but requesting services from ALERT. The fee would contribute a portion of the $250,000 per year needed from the private sector. The balance of the $250,000 would be collected from voluntary contributions and matched with Medicaid dollars.

In-home care agency license - HB 2487
Exempts home health agencies that also provide personal care services from requirement to obtain an in-home care agency license. Clarifies that home health agencies may provide personal care services. In addition, the bill eliminates the requirement that home health agencies apply for a second license under the in-home care agency statute.

Interstate Sharing of Immunization Registry Information - HB 2153
Allows the department to share its immunization registry information with other state registries in the U.S. Allows registration of clients receiving immunization services in Oregon in addition to clients born in or living in Oregon.

Investigation of abuse - SB 18
Expands within the definition of "abuse" of people with mentally illness to include neglect that leads to physical harm through withholding of necessary services. Directs department to ensure that designee-conducting investigation of alleged abuse of mentally ill or developmentally disabled adult has training to conduct thorough and unbiased investigation. Requires that the training address cultural and social diversity. Applies to investigations commenced after the effective date of the measure.

Local coordinated comprehensive plans - HB 2120
Requires local coordinated, comprehensive plans to reference local service plans for delivery of mental health services and local public health plans. Applies to local coordinated, comprehensive plans in effect on or after January 1, 2005. Modifies process for approval of community plans and service plans that are part of local coordinated, comprehensive plans.

Local Public Safety Coordinating Council membership - SB 192
Modifies membership on Local Public Safety Coordinating Council. This bill ensures that local mental health directors are members of theses councils by changing language from "mental health director or public health director" to "mental health director and public health director."

Medical assistance benefits - SB 878
Treaties between the United States Government and tribes frequently call for the provision of medical services, the services of physicians, or the provision of hospitals for the care of Native Americans. HB 2519, enacted by the 2001 Legislative Assembly, provided for the OHP expansion based on the development of a two-tier benefit plan. Categorically eligible clients (pregnant women, children and disabled or elderly population) qualify for the richer OHP Plus benefit package, while other clients receive OHP Standard, which has fewer benefits. SB 878 allows American Indians and Alaskan Natives, who are eligible for or who are participating in the OHP, to receive OHP Plus benefits at the OHP Standard "price." The difference is made up using federal funds.

Medical assistance program - HB 3624
The bill requires the enrollment of Oregon Health Plan (OHP) clients in prepaid managed care organizations. It creates limited exemptions from managed care enrollment, such as American Indians and Alaskan Natives, and it allows the department to define by administrative rule persons exempt because of certain conditions or situations. It creates physician care organizations to provide health services for OHP clients. It allows fee-for-service delivery in areas with no prepaid managed care health organization or for clients exempt from managed care. It requires the department to contract with fully capitated health plans to provide administrative services to persons who receive hospital, durable medical equipment and supplies, prescription drugs and non-emergency medical transportation (in areas not covered by transportation brokerages) on a fee for service basis.

Metabolic disorders - SB 74
Extends insurance coverage of certain metabolic disorders until July 3, 2009.

Newborn hearing screening - SB 401
Requires the department to implement newborn hearing screening test registry, tracking and recall system. Prohibits person from maintaining action against providers of early intervention services for disclosing required information. Requires the Director of Human Services to appoint Newborn Hearing Advisory Committee.

Physician Visa Waiver Program - HB 2151
Creates a Physician Visa Waiver Program within the department. This program enables health care provider organizations in physician shortage areas to hire foreign physicians who have completed residencies in the U.S. by applying for a waiver of the foreign country residency requirement. Authorizes the department to collect fees to support the administration of the program.

Oregon Health Policy Commission - HB 3653
This bill replaces the Oregon Health Council with the Oregon Health Policy Commission. The Senate President and the Speaker of the House can appoint advisory members to the committee. The commission will review State Medicaid Plan amendments, changes to Medicaid operational protocols, waiver applications and administrative rules. The commission does not approve these documents, but the department will consider the commission's concerns. The commission will play a review and advisory role.

Oregon Patient Safety Commission - HB 2349
Creates an Oregon Patient Safety Commission as a semi-independent state agency to improve patient safety. Establishes a Board of Directors and a reporting program within the Commission. Allows the Commission to accept funds and establish an account and assess fees. Affects hospitals, pharmacies, long term care facilities, outpatient renal dialysis centers, ambulatory surgical centers, independent professional health care societies or associations. Sunsets January 2, 2010.

Restructuring OHP - HB 2511
This bill outlines and restructures the populations and benefits for the Oregon Health Plan. It allows the Legislature to adjust health services by increasing or reducing benefit packages. It creates a limited replacement program for the Medically Needy program and allows the department to periodically limit enrollment to stay within the department's budget. This bill repealed several statutes put in place authorizing legislation for OHP 2.

This bill is operative upon approval by the Centers for Medicare and Medicaid Services (CMS). Once implemented, the bill will require major changes to systems, processes, procedures, administrative rules, publications and forms in place to administer and operate the OHP. This bill requires the department to develop and prioritize at least three different dental packages.

Rural health clinics - HB 2374
Requires the department to reimburse certain rural health clinics for prescribing and dispensing prescription drugs. Requires health insurance coverage for prescription drugs dispensed at certain rural health clinics. Declares emergency, effective upon passage. There are many rural communities in Oregon where medical clinics exist with no local pharmacy or there is limited access to prescription medications. HB 2374 directs insurance companies and the Office of Medical Assistance Programs to reimburse rural clinics that dispense medication when a pharmacy is not available within 15 miles or the need for the drug is after normal pharmacy hours and the medications are necessary for an urgent condition.

WIC Farmers' market - SB 500
Appropriates $49,000 to the department for provision of fruits and vegetables from farmers' markets to individuals eligible for Women, Infants and Children (WIC) Program.

The program's focus is to encourage participants to purchase fresh fruits and vegetables. Oregon currently has 62 farmers markets operating June through October. The WIC Farmers' Market Nutrition Program has been in operation for seven years and requires a match of 30 percent state funds before federal funds can be leveraged to cover the additional 70 percent of program costs.

SENIORS AND PEOPLE WITH DISABILITIES SERVICES

Abuse investigations - SB 119
This bill gives the Oregon Department of Justice and local District Attorneys new powers to conduct investigations of financial or physical abuse of elderly people or incapacitated people. It allows them to compel witnesses to testify or present evidence. It also allows Adult Protective Services workers to assist victims in gathering evidence and testimony for civil cases and it increases the victim's access to civil remedies. This will improve the chances of limiting or remedying financial abuse of elderly people and preserving their assets.

Abuse prevention - SB 118
This bill changes the name of the "Elderly and Disabled Person Abuse Prevention Act" to the "Elderly Persons and Persons with Disabilities Abuse Prevention Act." The name change increases recognition of the dignity of people with disabilities. The bill changes the definitions throughout the statute. It adds sexual abuse to the categories of abuse defined in the statute and increases protection to victims of financial abuse.

Area Agencies on Aging funding - HB 2288
The bill requires the department to establish a budget and allocation process for Type B Area Agencies on Aging using equivalent costs as if the department itself was running the Medicaid program for seniors and people with disabilities.

County mental health and developmental disability services - SB 470
By statute, Oregon provides community mental health and developmental disability services largely through partnerships with counties. SB 470 would prohibit a county from retaliating against a subcontractor solely because the subcontractor exercised its rights under an existing contract dispute resolution process or under statutorily allowed contested case procedures.

Damage awards for abuse - HB 2449
This bill enables elders and people with disabilities to recover three times their actual economic and non-economic damages in cases of abuse. The law may serve as a disincentive to potential abusers and act as an incentive to attorneys to represent these clients.

Moratorium on residential care and assisted living - HB 3122
This bill extends the moratorium on the licensing of residential care and assisted living facilities until June 30, 2005. The legislature created the moratorium in 2001 because of concerns about over-capacity. This over-capacity could have led to financial instability of such facilities.

Seniors farmers' market - SB 501
Appropriates $40,000 to the Department of Human Services for administering and increasing the redemption rates for the seniors farmers' market nutrition program. Declares emergency, effective July 1, 2003.

The Senior Farmers' Market Program is available to seniors who are 60 years of age or older, low-income and utilizing food stamps. State funds leverage federal funds for seniors to purchase fresh fruits and vegetables. All federal funds go directly to local growers who participate in local farmers' markets or operate roadside stands. The department reports that 91 percent of coupons have been redeemed.

Workers compensation self-insurance - SB 749
This bill expands the number of community care providers that can participate in a worker's compensation self-insurance pool. The self-insurance pool was established with DHS support and legislative approval, using funds transferred to DHS from the Worker's Compensation Fund in 1999 via SB 288. SB 288 ended a rebate program that had benefited rehabilitation facilities for about 30 years. SB 288 provided transition funding for the 77 agencies participating in the program at the time. DHS collaborated with representatives of those agencies to consider transition options. The Oregon Rehabilitation Association proposed a self-insurance pool as a way of providing some lasting benefit from the transition funds. Under the proposal, $1.0 million from the transition funds would be used to capitalize the program. The program has been running since that time.

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