HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES

 

February 14, 2003   Hearing Room D

9:00 A.M.  Tapes 27 - 28

 

MEMBERS PRESENT:            Rep. Jeff Kruse, Chair

Rep. Billy Dalto, Vice-Chair

Rep. Carolyn Tomei, Vice-Chair

Rep. Gordon Anderson

Rep. Laurie Monnes Anderson

 

MEMBERS EXCUSED:            Rep. Jeff Barker

                                                Rep. Ben Westlund

 

STAFF PRESENT:                  Sandy Thiele-Cirka, Committee Administrator

Mara McGraw, Committee Assistant

 

MEASURES HEARD:                     HB 2487 – Public Hearing and Work Session

                                                HB 2245 – Public Hearing and Work Session

                                                HB 2251 – 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 27, A

005

Chair Kruse

Calls meeting to order at 9:10 A.M. and discusses membership and goals of the Oregon Health Plan (OHP) and mental health delivery system workgroups. Opens public hearing on HB 2487.

HB 2487 –  PUBLIC HEARING

037

Sandy Thiele-Cirka

Administrator. Summarizes HB 2487.

053

Sarah Reeder

Executive Director, Oregon Association for Home Care. Submits testimony in support of HB 2487 (EXHIBIT A). Explains licensure process and need to eliminate dual licensure.     

080

Joan English

Director, Salem Hospital Home Care. Explains structure of the home health care and community based services. Discusses issues related to overlap in two licenses. 

118

Grant Higginson, MD, MPH

State Public Health Officer, Department of Human Services (DHS).  Submits written testimony in support of HB 2487 (EXHIBIT B).

138

Chair Kruse

Close public hearing on HB 2487 and opens work session on HB 2487.

HB 2487 – WORK SESSION

143

Rep. Tomei

MOTION:  Moves HB 2487 to the floor with a DO PASS recommendation.

146

 

VOTE:         5-0-2

AYE:            In a roll call vote, all members present vote AYE.

EXCUSED:  2 – Barker, Westlund

 

Chair Kruse

The motion CARRIES. 

152

Rep. Dalto

MOTION:  Moves HB 2487 be placed on the CONSENT CALENDAR.

 

Chair Kruse

Hearing no objection, declares the motion CARRIED.

155

Chair Kruse

Close work session on HB 2487 and opens public hearing on HB 2245.

HB 2245 – PUBLIC HEARING

159

Thiele-Cirka

Summarizes bill.

172

Jeff Roehm

Public Member, Occupational Therapy Licensing Board. Submits written testimony in support of bill (EXHIBIT C). Explains bill brings licensing in line with other boards relating to rules and fees. 

235                 

Rep. Monnes Anderson

Questions the removal of the reinstatement fee.

243

Roehm

Explains reinstatement fees and delinquent fees. Informs on deletion of fees for period not in practice.

255

Rep. Monnes Anderson

Inquires on inactive status option.

262

Peggy Smith

Executive Officer, Occupational Therapy (OT) Licensing Board.  Submits written testimony in support of HB 2245 (EXHIBIT D).  Explains policies regarding inactive status and delinquent fees.

280

Rep. Monnes Anderson

Further questions lapsed license status and renewal fees.

286

Smith

Explains term of inactive practice, reapplication policy, related fees and continuing education requirements

302

Higginson

States similarity to registered nursing refresher program.

310

Rep. Monnes Anderson

Questions revenue impact.

318

Chair Kruse

Explains revenue impact and administrative savings on the OT Board.  Closes public hearing on HB 2245 and opens work session on HB 2245.

HB 2245 – WORK SESSION

329

Rep. Tomei

MOTION:  Moves HB 2245 to the floor with a DO PASS recommendation and be placed on the CONSENT CALENDAR.

333

Chair Kruse

Explains relationship of bill to Ways and Means committee. 

365

Rep. Anderson

Comments on administrative efficiency. 

366

Rep. Westlund

Comments on administrative cost savings.

366

 

VOTE:         6-0-1

AYE:            In a roll call vote, all members present vote AYE.

EXCUSED:  1 - Barker

 

Chair Kruse

The motion CARRIES.

378

Chair Kruse

Close work session on HB 2245 and opens public hearing on HB 2251.

HB 2251 – PUBLIC HEARING

387

 

 

Higginson

Submits written testimony in support of HB 2251 (EXHIBIT E).  Offers suggestions for two proposed amendments. Explains four areas of interest in bioterrorism for the Health Preparedness Advisory Committee: 1) Quarantine and Isolation; 2) Licensing, Liability and Credentialing; 3) Access to Medical Records; 4) Public Health Alert.   

430

Higginson

Continues presentation on HB 2251. Explains difference between health threat and health emergency. Details Public Health authority enacted via bill. Stresses importance of bill in regard to declaration of state of emergency. 

TAPE 28, A

020

Higginson

Continues presentation on the four identified areas. Discusses conflicts over language in bill. Describes need for action regarding quarantine.  Refers to confidentiality issues that may arise due to the Health Insurance Portability and Accountability Act (HIPAA). Acknowledges concern from immunization program regarding data management during a health alert.   

110

Rep. Monnes Anderson

Comments on amendments and emergency response to bioterrorism.  Requests clarification on access to medical records. 

122

Higginson

Addresses confidentiality issues related to medical records. Discusses reasoning behind access to medical records during an emergency.  Notes statues related to HIPAA.    

159

Rep. Monnes Anderson

Addresses reportable diseases and existing statues.

169

Higginson

Explains difference between reportable disease and opening patient records. Discusses symptomic reporting under proposed bill.

187

Rep. Dalto

Requests characterization of current public health emergency response.

195

Higginson

Details Public Health emergency preparedness plan. Describes state and local funding and collaborations. 

240

Rep. Anderson

Inquires on restrictions of HIPAA. 

246

Higginson

Explains HIPAA rules, restrictions and consequences. 

266

Rep. Monnes Anderson

Comments on issues of confidentiality. 

296

Rep. Tomei

Comments on confidentiality. Inquires on number of anthrax cases.

301

Higginson

Reports data on exposure and death by anthrax exposure.

318

Rep. Tomei

Comments on anthrax and tobacco related deaths.

327

Higginson

Details funding related to emergency services and building of core public health/communicable disease infrastructure. 

342

Rep. Anderson

Questions sanctions for abuse of confidentiality.

350

Higginson

Reports penalties of disclosure are not currently established. States intent to provide information at a later date.

357

Rep. Westlund

Comments on tobacco related deaths. 

375

Rep. Dalto

Inquires on funds for smoking cessation and prevention programs.

382

Higginson

Reports funding for tobacco prevention and education programs. 

407

Ken Murphy

Deputy Director, Oregon Emergency Management.  Explains bill as a tool to deal with public health crisis.  Supports proposed amendments.

444

Rep. Anderson

Inquires on Federal Emergency Management Agency’s (FEMA’s) position.

447

Murphy

Responds and explains the state’s emergency management process.

454

Rep. Anderson

Questions emergency preparedness and dissemination of information from state to county level.

461

Murphy

Addresses issues related to state and county communication regarding terrorism.

500

Higginson

Explains federal funds appropriated for emergency response to anthrax and small pox. 

TAPE 27, B

052

Chair Kruse

Comments on funds for emergency services. 

067

Scott Gallant

Director of Government Affairs, Oregon Medical Association (OMA).  Comments on interpretation of an impending health crisis as including tobacco. Speaks to vague language of bill when determining an impending health crisis. Reports bill creates a dual process related to Governor’s ability to declare an emergency. Notes concerns regarding the need for additional integration and coordination during a public health emergency. Expresses concern over broad authority of Public Health Officer to declare a pending health emergency. Offers suggestions to add language to develop protocol and practice standards with private agencies.    

163

Rep. Monnes Anderson

Questions OMA’s position regarding confidentiality and threat of bioterrorism. 

174

Gallant

Explains federal and state statues that define confidentiality and consequences for violating confidentiality. 

194

Rep. Monnes Anderson

Inquires on data regarding law suits related to confidentiality.

198

Gallant

Explains process of immediate change in policy regarding confidentiality. Stresses the importance of narrowing the language of bill. Notes concerns in provider liability. 

251

Rep. Monnes Anderson

Inquires on collaboration between Governor and Public Health Office.

264

Higginson

Explains protocol for declaration of state of public health emergency.  Discusses authority of State Office of Public Health during a health emergency.

290

Gallant

Requests bill address issues of establishing standards prior to declaration of emergency, the fiscal impact, the requirements imposed on health care providers under a state of emergency. Requests explicit language addressing scope of authority of Public Health Office and confidentiality of medical records.

330

Rep. Anderson

Comments on immediate response and need to establish a time limit for the state of emergency. 

350

Gallant

Reiterates use of caution in creating authority during and emergency and insurance of confidentiality during emergency. 

401

Chair Kruse

Comments on HIPAA violations and suggests input from the Attorney General (AG) office. 

415

Higginson

Concurs on AG input. Recognizes Keith Cutler from Department of Justice worked closely on bill. 

424

Galliant

Relates OMA counsel’s expertise regarding HIPAA. 

436

Chair Kruse

Reiterates need for AG’s opinion. Closes public hearing on HB 2251 and adjourns at 10:29 A.M.

 

EXHIBIT SUMMARY

 

A – HB 2487, written testimony, Sarah Reeder, 2 pp.

B – HB 2487, written testimony, Grant Higginson, 2 pp.

C – HB 2245, written testimony, Jeff Roehm, 4 pp.

D – HB 2245, written testimony, Peggy Smith, 1 p.

E – HB 2251, written testimony, Grant Higginson, 4 pp.