SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES

 

 

January 31, 2001                                                                                                     Hearing Room B

1:00 PM                                                                                                                        Tapes 17 - 18

 

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 178 Public Hearing

SB 392 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 17, A

004

Chair Fisher

Calls meeting to order at 1:16 p.m. and opens a public hearing on      SB 178.

SB 178 PUBILC HEARING

014

Rick Berkobien

Administrator.  Explains SB 178 to the committee.

040

Steven Morasch

Oregon Food Bank.  Testifies in support of SB 178.  Comments on food that is being wasted.  Relates a personal experience.  Discusses charitable salvage.  Explains various types of insurance in the food industry. 

128

Sen. Carter

Asks if the insurance companies would be liable for food that would be donated.

146

Morasch

Responds the liable party would be the party who the food belongs to.

154

Sharon Thornberry

State Coordinator, Oregon Food Bank.  Testifies in support of SB 178.  States the food bank supports the bill, but language revisions need to take place.  Comments on tax credits for crops that receive tax credit for donations to charitable institutions. 

193

Sen. Messerle

States support for utilizing available food.  Comments on concern about creating mandates.

206

Chair Fisher

Comments on the crop tax credit legislation.  Discusses savings for insurance companies and cooperative efforts.

242

Morasch

Proposes some changes in the language.  Explains the insurance claim process.

290

Chair Fisher

Comments on the positive aspects of the proposed bill. 

305

Morasch

States willingness to work with involved parties.

310

Sen. George

Comments on bureaucratic requirements.

328

Lana Butterfield

Representing Safeco Insurance Company.  Presents testimony in opposition to SB 178 (EXHIBIT A).  States that Safeco believes in the spirit of the bill, but the bill could restrict current goodwill practices.  Comments on liability issues.  States willingness to work with the Oregon Food Bank.

410

Chair Fisher

Comments on liability.  Relates a possible scenario. 

TAPE 18, A

000

Chair Fisher

Continues relating possible scenarios.

021

Sen. Carter

Asks if ORS 416.520 means that food can be donated.

031

Butterfield

Responds that the food could be donated to the grocer who in turn could donate the food to a charitable organization.

040

Sen. Carter

Asks if the bill is necessary.

044

Butterfield

Responds no. 

049

Sen. Messerle

Asks if the insurance company owns the food after a claim is settled.

053

Butterfield

Responds affirmatively.  States that it is possible to abandon the salvage.

062

Sen. Shields

Comments on salvaged food. 

079

Buttersfield

Explains that Safeco does a lot of donations.

093

Sen. Shields

Asks what the bill accomplishes.

097

Thornberry

Responds by explaining why the bill was brought forward. 

118

Morasch

Explains the importance of charitable salvage.  Comments on liability issues. 

150

Sen. Shields

Asks if there is a way to work the bill to exclude liability.

166

Buttersfield

Reiterates that the Safeco is willing to work on the bill.

175

Chair Fisher

Introduces a letter from the insurance commission (EXHIBIT B). 

188

Sen. Messerle

States support for the concept.  Points out that it might be better to promote a cooperative effort instead of making a new mandate.

204

Buttersfield

Proposes a cooperative effort.

212

Sen. George

Comments on the liability issue.

240

Chair Fisher

Discusses food safety. 

261

Sen. Carter

Comments on including the Good Samaritan Law in the bill.  Discusses the handling of damaged food.

320

Chair Fisher

Asks the involved parties to work out amendments. 

350

Thornberry

States willingness to work with involved parties.

364

Chair Fisher

Asks Sen. Shields to work with the issue.

 

371

 

Chair Fisher

 

Closes the public hearing on SB 178 and opens a public hearing on   SB 392.

SB 392 PUBLIC HEARING

392

Berkobien

Explains SB 392 to the committee.

TAPE 17, B

013

Hersh Crawford

Administrator.  Office of Medical Assistance Programs (OMAP).  Testifies in support of SB 392 (EXHIBIT C).  States the goal of the bill is to allow the state to increase the ability to recover costs for the Medicaid program.  Comments on third party payees.  Explains current statute.  Discusses cause of action against attorneys.

050

Chair Fisher

Asks how an attorney would know if their client is on the Oregon Health Plan or other assistance.

053

Crawford

Responds the attorney would have to ask the client.

055

Chair Fisher

Asks what would happen if the client was not truthful about their status.

057

Crawford

Responds that would mitigate the cause of action against the attorney. 

060

Chair Fisher

Asks if the attorney would need documented materials showing the client does not receive Medicaid services.

063

Crawford

Responds that OMAP would be reasonable in dealing with each case independently. 

066

Chair Fisher

Asks if a lot the cases slip past OMAP.

068

Crawford

Responds that OMAP is notified about half of the time.

073

Chair Fisher

Asks if clients know they are supposed to report to OMAP.

081

Crawford

Responds that when people sign up for a public assistance program, they are given information on their rights and responsibilities. 

090

Chair Fisher

Asks if OMAP is aware of any cases of attorneys counseling clients to withhold information.

106

Crawford

Responds he is not aware of any specific cases.  Comments on cause of action.

115

Chair Fisher

Asks if the attorneys go through a court process.

119

Crawford

Responds he is uncertain.  Comments on the situation that would require an attorney’s notice.

130

Chair Fisher

Asks about the recovery rate.

133

Crawford

Responds that about 50 percent of clients currently report to OMAP and of that about 70 percent of liens are recovered.

151

Sen. Carter

Comments on privacy rights. 

168

Crawford

States that other states already have this proposal in their law. 

184

Sen. Messerle

Asks about the confidentiality issue.

191

Crawford

Responds it would not apply in this context.  Discusses when confidentiality applies.

212

Sen. George

Asks how an attorney would know a client’s status.

217

Crawford

Responds there is not a guarantee.

234

Jim Anderson

Oregon Medical Association (OMA).  Presents testimony on SB 392 on behalf of Scott Gallant (EXHIBIT D).  States the bill does not accomplish its goal.  Reads suggested language from (EXHIBIT D) that could be used to accomplish the intent.

302

Allan Tresidder

Oregon Trial Lawyers Association.  Testifies on SB 392.  Comments on concerns with SB 392.  Discusses cause of action.  Recommends removing lines 12 and 13 of the bill. 

372

Crawford

Comments on interactions between the client and attorney.  States it is important to know who is paying the injured party’s healthcare costs. 

397

Sen. Carter

Asks about liability.

404

Crawford

Responds that he is willing to work with parties involved.

415

Sen. Carter

Asks the involved parties to work together.

428

Sen. Carter

Adjourns the committee at 2:40 p.m.

 

Submitted By,                                                                           Reviewed By,

 

 

 

Andrew Morris,                                                                        Rick Berkobien,

Committee Assistant                                                                 Administrator

 

EXHIBIT SUMMARY

 

A – SB 178, Written testimony, Lana Butterfied, 1 p.

B – SB 178, Letter from the Deputy Insurance Commissioner, 1 p.

C – SB 392, Written testimony, Hersh Crawford, 1 p.

D – SB 392, Written testimony from the OMA, 2 pp.