SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES

 

 

January 19, 2001                                                                                                     Hearing Room B

1:00 PM                                                                                                                            Tapes 4 - 5

 

MEMBERS PRESENT:         Sen. Bill Fisher, Chair

Sen. Margaret Carter, Vice-Chair

Sen. Gary George

Sen. Frank Shields

Sen. Ken Messerle

 

STAFF PRESENT:                 Rick Berkobien, Administrator

Andrew Morris, Committee Assistant

 

MEASURE/ISSUES HEARD:           SB 42 Public Hearing

SB 157 Public Hearing

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 4, A

004

Chair Fisher

Calls the meeting to order at 1:10 p.m. 

009

Sen. Carter

Introduces self to the committee.

065

Chair Fisher

Opens a public hearing on SB 42

SB 42 PUBLIC HEARING

070

Rick Berkobien

Administrator.  Explains SB 42 to the committee.

117

Dan Kaplan

Deputy Administrator, Senior and Disabled Services Division (SDSD).  Testifies in opposition to SB 42.  Presents (EXHBIT A) to the committee.  States the opposition to the bill is due to the fiscal impact.  Comments on prospective costs of SB 42.

173

Sen. Shields

Asks if federal audits exist.

177

Kaplan

Responds the audits are externally done and submitted to SDSD. 

188

Sen. Shields

Asks if counties are doing their own audits.

212

Kaplan

Responds affirmatively.  States that Area Agencies on Aging (AAA) do extensive audits internally. 

242

Sen. Carter

Asks about continuity.

264

Kaplan

Responds that reports are compiled showing how the population is served and the resources that are involved.

288

Sen. Carter

States that SDSD has the information they need to make decisions on programs.

305

Chair Fisher

Comments on the differences in costs between rural and urban areas.    Discusses cost comparisons.

349

Kaplan

States that equity is a complicated issue.  Comments on the equity gap between private and public facilities.

375

Sen. Carter

Asks how much the bill would cost.

380

Kaplan

Responds about $345,000.

386

Sen. Carter

Comments on the impact the cost would have on programs.

410

Chair Fisher

Discusses the importance of oversight.

423

Sen. Carter

States the data exists.

435

Chair Fisher

States the audit committee said the data does not exist.

450

Sen. Carter

Asks if the data was available before the final report was completed

456

Kaplan

Responds the objection was that the data was not put together in one place.

TAPE 5, A

000

Sen. Carter

Asks if the data would be available on request.

003

Kaplan

Responds affirmatively.

007

Sen. Carter

Asks if the division was given performance questions.

010

Kaplan

Responds it was discussed with committee staff.

014

Sen. Carter

Comments on auditing practices. 

028

Chair Fisher

Comments on SB 42.

043

Kaplan

States the division has the ability to compile the data.  States the money does not exist to complete the field reviews the bill calls for. 

069

Chair Fisher

Asks about the funding decisions and how they were made.

072

Kaplan

Responds funding equity was a problem that grew over time and now it would be very expensive to fix.

079

Chair Fisher

Asks why the division does not just remove 10 percent from the contracts to make things equal.

082

Kaplan

Responds by explaining the differences in budgeting between the local and state level.

113

Chair Fisher

Asks about contracting possibilities.

118

Kaplan

Responds the possibility exists.

123

Chair Fisher

States support for equitable funding. 

132

Sen. Messerle

Comments on personal auditing experience.  Proposes combining the federal and state audits.

153

Kaplan

States support of combining resources.

161

Sen. Carter

Comments on differences between contracting and transferring agencies.

179

Chair Fisher

Thanks Kaplan for his work.

194

Jacqueline Zimmer

Oregon Association of Area Agencies on Aging and Disabilities (O4AD).  Testifies in opposition to SB 42.  Gives background of SB 42.  States support of accountability.  Comments on audits that have been done.  States the interim audit showed there were no mismanagement of funds.

265

Don Butsch

Governor’s Commission on Senior Services.  Presents testimony in opposition to SB 42 (EXHIBIT B).  States concerns about the fiscal impact of the bill.

303

Chair Fisher

Comments on funding SB 42.  Closes the public hearing on SB 42 and opens a public hearing on SB 157.

SB 157 PUBILC HEARING

320

Berkobien

Explains SB 157 to the committee.

350

Gem Burke

Constituent.  Presents testimony in support of SB 157 (EXHIBIT C).  Comments on personal experiences.  Gives background of SB 157.

TAPE 4, B

000

Chair Fisher

Comments on possible amendments.  States the bill needs work done on it.  States another bill may be drafted.

031

Michael Skeels

Oregon Health Division.  Presents testimony in opposition to SB 157 (EXHIBIT D).  Explains previous legislation that allows for health screening in a non-medical environment.  Comments on the importance of oversight.  States there are seven tests that can be done without a doctor’s order. 

090

Skeels

Discusses concerns.

102

Chair Fisher

Comments on access to services without requiring a doctor’s approval.  Relates a possible scenario.  States it would be up to the individual to cover the costs of the test.  States that other states have a similar law as what is proposed in SB 157.

163

Sen. Carter

Asks if the bill could allow for abuse.

176

Skeels

Responds the industry is highly regulated, however, there is room for interpretation of federal laws.

235

Chair Fisher

Comments on the intent of SB 157. 

252

Skeels

Comments on the statute passed in 1989, which allows for specific testing.

270

Scott Gallant

Oregon Medical Association (OMA).  Testifies on SB 157.  States the OMA has concerns with the bill in its current form. 

305

Chair Fisher

Asks if there are routine tests that require a physician’s presence or direct coordination with a lab.

325

Gallant

Responds there are certain tests where presence or coordination is important.  Comments on medical purposes for testing.

366

Chair Fisher

States the bill relates to blood drawn testing.  Comments on the intent of the bill.

443

Gallant

Comments on faulty test results. 

TAPE 5, B

000

Chair Fisher

States a new bill needs to be drafted.  Comments on communication with insurance companies.

021

Chair Fisher

Closes the public hearing on SB 157 and adjourns the meeting at     3:41 p.m.

 

 

Submitted By,                                                                           Reviewed By,

 

 

 

Andrew Morris,                                                                        Rick Berkobien,

Committee Assistant                                                                 Administrator

 

EXHIBIT SUMMARY

 

A – SB 42, Submitted Testimony, Dan Kaplan, 2 pp.

B – SB 42, Written Testimony, Don Butsch, 1 p.

C – SB 157, Fact Sheet, Gem Burke, 2 pp.

D – SB 157, Written Testimony, Michael Skeels, 2 pp.