HOUSE COMMITTEE ON GENERAL GOVERNMENT

 

 

February 20, 2003   Hearing Room D

8:30 AM Tapes  20 - 21

 

MEMBERS PRESENT:            Rep. Jerry Krummel, Chair

Rep. Donna Nelson, Vice-Chair

Rep. Floyd Prozanski, Vice-Chair

Rep. Brad Avakian

Rep. Derrick Kitts

Rep. John Mabrey

 

MEMBER EXCUSED:             Rep. Kelley Wirth

 

STAFF PRESENT:                  Patrick Brennan, Committee Administrator

Jeana Harrington, Committee Assistant

 

MEASURE HEARD:                     Public Hearing – HB 2410

 

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 20, A

004

Chair Krummel

Calls meeting to order at 8:37 AM. Opens public hearing on HB 2410.

HB 2410  PUBLIC HEARING

008

Patrick Brennan

Committee Administrator. Reads Staff Measure Summary (SMS). Notes -2 amendments (EXHIBIT A). Informs of a possible fiscal impact.

023

Chair Krummel

Asks if there is a subsequent referral.

025

Patrick Brennan

Negates.

030

Ken Murphy

Deputy Director, Oregon Emergency Management (OEM).  Testifies in support of HB 2410. Explains the main issue of the bill is liability. Adds OEM is working with other agencies on the fiscal impact.

064

Chair Krummel

Refers to the Oregon Good Samaritan Law to differentiate it from the intention of the bill.

079

Murphy

Responds that OEM is attempting to provide assurance to medical providers from liability.

096

Keith Kutler

Department of Justice (DOJ). Explains the Oregon Good Samaritan Law. Relates that the bill is different in that it encompasses avenues that the Samaritan Law does not.

118

Chair Krummel

Asks if the measure would be applicable to mass emergencies.

125

Kutler

Affirms.

130

Chair Krummel

Asks if he agrees with the -2 amendments.

135

Kutler

Concurs that the amendments are proper.

144

Rep. Prozanski

Requests how the bill would be implemented with regard to individuals. Asks what steps individuals could take to challenge services received.

154

Kutler

Responds to the latter question that the challenge would be in the form of a lawsuit.

165

Rep. Nelson

Asks what the current policy for emergencies in the state is.

170

Murphy

Explains the current policy.

180

Rep. Nelson

Provides Mt. St. Helens as an example of a mass disaster and asks if disasters are not already covered.

192

Kutler

Responds that disasters such as those that the bill would address have not occurred yet. Explains the process the bill would cover.

220

Rep. Nelson

Requests if they are familiar with Northwest Medical Teams.

230

Murphy

Replies that he is not, but uses Federal Emergency Management Administration (FEMA) as an example.

239

Kutler

Explains there are providers that are covered by different laws. Restates the bill has been created to cover all the providers including volunteers.

263

Chair Krummel

Points out that the closest example of a disaster would be the United flight crash on Burnside in Portland in 1977.

285

Dr. Grant Higginson

Department of Human Services (DHS). Testifies in support of replacement language for HB 2410 (EXHIBIT A). Provides a proposed revision to the bill (EXHIBIT B) and related information (EXHIBIT C).

TAPE 21, A

003

Higginson

Explains the reasoning behind the revision of the bill. Adds DHS is working on the fiscal impact of the revision. 

017

Scott Gallant

Oregon Medical Association (OMA). Points out the involvement and authority of the Governor. Informs of the individuals not currently covered and explains negligence. Suggests standards be adopted for malpractice liability protection. Informs committee of other related bills. Describes the reasons for modification of the bill. Suggests a workgroup be created to modify the bill.       

156

Rep. Avakian

Refers to section two of EXHIBIT B and poses question.

162

Higginson

Responds that he is unsure. Believes the language was requested by Chair Krummel. Explains the reasoning behind the language. 

173

Rep. Avakian

Refers to section three and poses question. Asks about the terms chosen.

181

Higginson

Explains that liability coverage needs structure and quality-assurance.

203

Rep. Avakian

Refers to section four and poses question concerning the intentions of the section.

217

Higginson

Concurs with the observations. Provides past examples of situations.

241

Rep. Avakian

Asks what kind of rule-making process would be anticipated.

245

Higginson

Responds.

247

Rep. Avakian

Asks if providers injured in the act are covered by the bill.

252

Higginson

Responds he is unsure.

255

Rep. Avakian

Comments.

263

Higginson

Explains DHS will need to return with that information

270

Rep. Nelson

Poses question concerning acceptance of providers.

280

Higginson

Replies that authority falls to OEM.

298

Rep. Nelson

Poses question concerning medical students’ involvement as providers

305

Higginson

Answers how they may be included.

312

Gallant

Adds that medical residents may be included.

316

Rep. Nelson

Observes there is no acknowledgement of military and other field.

326

Higginson

States pharmacists and Emergency Medical Technicians (EMT) were originally listed. Responds concerning military providers.

351

Chair Krummel

Explains his reasons for requesting language changes to the bill.

377

Rep. Nelson

Lists other organizations that would requires licensing.

TAPE 20, B

005

Chair Krummel

Observes the relating to clause is broad enough to include air transport companies. Adds that may be better included in a different bill.

017

Rep. Nelson

Comments on the intention of her request.

020

Higginson

Explains the intention is to include volunteers not already covered in emergency situations.

035

Rep. Nelson

Responds that this was her earlier intention and elaborates.

042

Murphy

Informs of the coverage that already exists.

055

Gallant

Adds to the comments referencing the inclusion of employees in the Oregon Tort Claims Act.

087

Rep. Nelson

Provides a situation of transport companies in California to suggest further examination into the issue.

108

Chair Krummel

Comments.

110

Rep. Nelson

Asks if Oklahoma City has such a program.

114

Higginson

Responds he believes Oregon would be the first.

122

Rep. Prozanski

Points out the inclusion of natural disaster relief

126

Higginson

Concurs.

128

Rep. Prozanski

Comments on the utilization of other providers.

135

Higginson

Expresses the hope that would be that providers give services related to their specialty.

148

Rep. Prozanski

Appreciates his comments.

152

Higginson

Explains the revision would provide balance of liability.

157

Gallant

Reiterates that clarification is needed to the bill.

168

Rep. Prozanski

Comments.

172

Rep. Mabrey

Provides example of unlicensed providers and poses question regarding their inclusion

183

Gallant

Explains those individuals could be covered by the Oregon Good Samaritan Law.

195

Rep. Kitts

Asks if counties or the state would assume liability.

197

Higginson

Answers that the bill assumes state liability.

212

Chris Davie

State Accident Insurance Fund (SAIF) Corporation. Responds to Rep. Avakian’s earlier inquiries regarding providers injured while volunteering in disaster relief.

227

Rep. Avakian

Asks if volunteers are legally volunteers if they are providing services for the state.

238

Davie

Refers to volunteers already protected when providing service.

247

Chair Krummel

Inquires if there would be an effect on the premiums Oregon pays.

259

Davie

Explains those who receive premiums and their calculation.

272

Rep. Nelson

Inquires if state should be required to cover providers.

276

Davie

Responds.

292

Chair Krummel

Requests that Mr. Murphy create a workgroup to deal with the issue. Asks that they meet to discuss results. Believes there is merit in the bill. Comments on Rep. Avakian’s earlier inquiries. 

358

Rep. Avakian

Envisions other venues be designated as triage centers.

370

Rep. Nelson

Adds that facilities such as the Capitol should also be included in discussion.

395

Chair Krummel

Closes public hearing on HB 2410. Adjourns meeting at 9:57 AM.

 

EXHIBIT SUMMARY

 

A – Proposed Amendments to HB 2410, Staff, 1 p

B – HB 2410, Grant Higginson, 3 p

C – HB 2410, Grant Higginson, 3 p