HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES

 

March 17, 2003   Hearing Room D

8:30 A.M. Tapes 53 – 55

 

MEMBERS PRESENT:            Rep. Jeff Kruse, Chair

Rep. Billy Dalto, Vice-Chair

Rep. Carolyn Tomei, Vice-Chair

Rep. Gordon Anderson

Rep. Jeff Barker

Rep. Ben Westlund

 

MEMBER EXCUSED:             Rep. Laurie Monnes Anderson

 

STAFF PRESENT:                  Sandy Thiele-Cirka, Committee Administrator

Mara McGraw, Committee Assistant

 

MEASURES:                          HB 2121 – Work Session

                                                HB 2244 – Work Session

                                                HB 2566 – Work Session

                                                HB 2517 – Work Session

                                                HB 2684 – Public Hearing

                                                HB 2519 – 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 53, A

005

Chair Kruse

Calls meeting to order at 8:39 A.M. Submits 2121-3 amendments, dated 3/13/03 (EXHIBIT A) and opens work session on HB 2121.

HB 2121 – WORK SESSION

009

Rep. Dalto

MOTION:  Moves to SUSPEND the rules for the purpose of reconsidering vote on HB 2121.

014

 

VOTE:          6-0-1

EXCUSED:  1 - Monnes Anderson

015

Chair Kruse

Hearing no objection, declares the motion CARRIED.

017

Rep. Westlund

MOTION:  Moves to RECONSIDER the vote by which "HB 2121 was moved to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Ways and Means by prior reference."

027

Rep. Tomei

Notes previous vote. Speaks to constituents opinions that bill is unnecessary. Comments on fiscal impact.

028

 

VOTE:          6-0-1

EXCUSED:  1 - Monnes Anderson

029

Chair Kruse

Hearing no objection, declares the motion CARRIED.

033

Rep. Westlund

MOTION:  Moves to RECONSIDER the vote by which "ADOPT HB 2121-2 amendments dated 02/06/03."

040

 

VOTE:          6-0-1

EXCUSED:  1 - Monnes Anderson

041

Chair Kruse

Hearing no objection, declares the motion CARRIED.

042

Rep. Westlund

MOTION:  Moves to RECONSIDER the vote by which "ADOPT HB 2121-1 amendments dated 02/06/03."

045

 

VOTE:          6-0-1

EXCUSED:  1 - Monnes Anderson

046

Chair Kruse

Hearing no objection, declares the motion CARRIED.

048

Rep. Westlund

MOTION:  Moves to ADOPT HB 2121-1 amendments dated 2/6/03.

053

 

VOTE:          6-0-1

EXCUSED:  1 - Monnes Anderson

055

Chair Kruse

Hearing no objection, declares the motion CARRIED.

056

Rep. Westlund

MOTION:  Moves to ADOPT HB 2121-2 amendments dated 2/17/03.

058

 

VOTE:          6-0-1

EXCUSED:  1 - Monnes Anderson

059

Chair Kruse

Hearing no objection, declares the motion CARRIED.

060

Sandy Thiele-Cirka

Administrator. Summarizes -3 amendments dated 3/13/03 (EXHIBIT A).

070

Rep. Westlund

MOTION:  Moves to ADOPT HB 2121-3 amendments dated 3/13/03.

073

 

VOTE:         6-0-1

EXCUSED:  1 - Monnes Anderson

074

Chair Kruse

Hearing no objection, declares the motion CARRIED.

075

Rep. Dalto

MOTION:  Moves HB 2121 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

081

 

VOTE:            4-2-1

AYE:               4 - Anderson, Dalto, Westlund, Kruse

NAY:               2 - Barker, Tomei

EXCUSED:     1 - Monnes Anderson

086

Chair

The motion CARRIES.

087

Chair

Closes work session on HB 2121 and opens work session on HB 2244.

HB 2244 – WORK SESSION

089

Thiele-Cirka

Summaries bill and -1 amendments dated 3/10/03 (EXHIBIT B).

107

Chair Kruse

Explains intent to move bill.

113

Rep. Tomei

Inquires on fiscal impact.

114

Chair Kruse

Explain fee bills are referred to the Committee on Ways and Means.

123

Rep. Barker

MOTION:  Moves to ADOPT HB 2244-1 amendments dated 3/10/03.

124

 

VOTE:         6-0-1

EXCUSED:  1 - Monnes Anderson

125

Chair Kruse

Hearing no objection, declares the motion CARRIED.

126

Rep. Barker

MOTION:  Moves HB 2244 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

130

 

VOTE:          6-0-1

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

EXCUSED:  1 - Monnes Anderson

135

Chair

The motion CARRIES.

136

Chair Kruse

Closes work session on HB 2244 and opens work session on HB 2566.

HB 2566 – WORK SESSION

138

Thiele-Cirka

Summarizes bill and -2 amendments dated 3/10/03 (EXHIBIT C).

157

Rep. Tomei

MOTION:  Moves to ADOPT HB 2566-2 amendments dated 3/10/03.

159

 

VOTE:          6-0-1

EXCUSED:  1 - Monnes Anderson

161

Chair Kruse

Hearing no objection, declares the motion CARRIED.

162

Rep. Tomei

MOTION:  Moves HB 2566 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

165

 

VOTE:         6-0-1

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

EXCUSED:  1 - Monnes Anderson

166

Chair Kruse

The motion CARRIES.

172

Chair Kruse

Closes work session on HB 2566 and opens work session on HB 2517.

HB 2517 – WORK SESSION

174

Thiele-Cirka

Summarizes bill.

183

Chair Kruse

Notes there are no objections from the Department of Human Services (DHS). Comments HB 2517 codifies the current direction of DHS.

180

Rep. Anderson

MOTION:  Moves HB 2517 to the floor with a DO PASS recommendation and be placed on the CONSENT CALENDAR.

185

 

VOTE:          6-0-1

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

EXCUSED:  1 - Monnes Anderson

188

Chair

The motion CARRIES.

198

Chair Kruse

Closes work session on HB 2527 and opens public hearing on HB 2684.

HB 2684 – PUBLIC HEARING

201

Thiele-Cirka

Summarizes bill.

218

Genoa Ingram

Representing Oregon Academy of Audiology. Submits written testimony in support of bill (EXHIBIT D). Addresses issues of dual licensure. Notes provisions that act as incentives to maintain second license.

310

Ingram

Continues presentation on HB 2684. Discusses consumer protection. Comments on equity between audiologists and hearing aid dealers.

405

Duane Anderson

Audiologist. Submits written testimony in support of bill (EXHIBIT E). Offers history of audiology legislation. Speaks to experience, continuing education and qualifications of audiologists. Comments on organizations that sell and service hearing aids.

TAPE 54, A

036

Wendy Chapman

President, Oregon Academy of Audiology. Submits written testimony in support of bill (EXHIBIT F). Comments that the dispensing requirement is in line with audiologists’ training and experience.

096

John McCulley

Representing Oregon Speech-Language and Hearing Association. Submits written testimony in support of bill (EXHIBIT G). Refers to requirements and training for audiologists. Notes board and rules emphasize consumer protection.

139

Evan Evans

Audiologist. Submits written testimony in support of bill (EXHIBIT H). Concurs with previous testimony.

150

Rep. Anderson

Questions the differences between the dual licensure.

161

Evans

Notes audiology rules and regulations are more restrictive and adequate for consumer protection. States the dispensing license relates to business practices.

185

Rep. Anderson

Questions the number of audiologists dispensing hearing aids.

189

Evans

Responds he does not have data. Addresses physicians that hire a non-licensed audiologist to dispense.

206

Scott Austin

Hearing Aid Specialist and member, Advisory Council on Hearing Aids, Health Licensing Office, and Department of Human Services (DHS). Submits written testimony in opposition to bill (EXHIBIT I). Addresses two state agencies offering duplicate administration of licensing. Notes rise in fees as result of elimination of second licensure. Comments on reasoning for dual licensure. States the current system is effective.

260

John Brenneman

Representing the Oregon Hearing Society. Offers testimony in opposition to bill. Speaks to consistency in oversight and administration.

269

McCulley

Suggests exempting clinical and research audiologists who do not dispense hearing aids.

283

Rep. Tomei

Questions the impact of fee reductions and increases for dealers.

294

McCulley

Notes fees are not significant enough to put dealers out of business. Compares dual licensure to dual motorcycle licensure. Presents information specific to dispensing hearing aids. Notes continuing education requirements.

314

Rep. Barker

Inquires on educational hours required for licensure.

315

McCulley

Reports nine hours.

324

Rep. Tomei

Inquires on dealers who are also audiologists.

329

Sue Wilson

Director, Health Licensing Office, DHS. Submits background information (EXHIBIT J). Explains figure reported on audiologists impacted by bill.

343

Rep. Tomei

Questions the hearing aid return policy.

348

Wilson

Explains contract between consumer and dispenser regarding return policy. Notes change of policy to administrative rule.

376

Rep. Tomei

Questions if unlicensed audiologists have the same return rights.

380

Wilson

Reports licensed audiologists receive return rights and non-licensed audiologists do not receive return rights. States that consumers are not guaranteed reimbursement from non-licensed audiologists.

396

Rep. Tomei

Requests clarification on consumer and dealer protection.

399

Wilson

Explains audiologist would not have return rights unless licensed.

401

Rep. Tomei

Inquires on licensure tracking.

415

Wilson

Explains lack of data regarding change in licensure status to establish clear idea of revenue impact.

440

Rep. Tomei

Questions the use of collected fees.

441

Wilson

Explains fees support the programs.

453

Rep. Dalto

Inquires on hearing aid return policy.

461

Wilson

Offers to submit figures at later date. Notes consumer protection is priority.

TAPE 53, B

032

Austin

Offers estimate that 80 percent of consumers receive refund if dissatisfied. Explains exceptions to return policy.

044

Rep. Dalto

Questions how many complaints are filed regarding refund policy.

048

Austin

Explains refunds are the least frequent complaint. 

058

Rep. Barker

Questions difference between dealers and audiologists refund policy.

060

Austin

Addresses legal aspect to protections.

069

Chair Kruse

States intent and concerns. Closes public hearing on HB 2684 and orders committee to stands at ease.

094

Chair Kruse

Reconvenes and opens public hearing on HB 2519.

HB 2519 – PUBLIC HEARING

096

Thiele-Cirka

Summarizes bill.

102

Grover Simmons

Representing Adult Care Providers of Oregon. Provides testimony in support of bill. Discusses negotiations with stakeholder groups. Notes four sections agreed upon to remove. Speaks to constitutional protections. Submits proposed amendment language (EXHIBIT K).

230

Joan England

Adult Foster Home Provider. Relates personal experiences regarding foster home residents and current policies.

314

Simmons

Inquires on suggestion to increase rate.

316

England

Reports the state suggested rate increase to deal with situation.

322

Simmons

Notes the state can not regulate rate but can offer suggestions. Points to multiple violations reported by England’s testimony as proof of need for bill.

352

Joan Gallegly

President, Adult Care Providers of Oregon. Submits testimony in support of bill (EXHIBIT L). Lists provider complaints and outcomes. Speaks to provider rights.  

TAPE 54, B

041

Rep. Barker

Questions the frequency of resident conflicts.

042

Gallegly

Explains resident to resident conflict.

044

Rep. Anderson

Inquires on differences in authority between bill and Senior and People with Disabilities (SPD) Department

048

Simmons

Note resident rights are posted. Explains provider rights and requirements created by bill.

068

Rep. Anderson

Inquires on sections being proposed for removal from the bill.

072

Simmons

Explains efforts to work with interested parties.

079

Rep. Anderson

Comments on changes to bill.

090

Helen Liere

Chair, Legislative Committee, Governors Commission on Senior Services. Submits testimony in opposition to bill (EXHIBIT M). Addresses current provider and resident rights. States legislation is not needed. 

147

Cindy Hannum

Office of Licensing and Quality Care, SPD, DHS. Submits testimony in opposition to bill (EXHIBIT N). States support of provider rights. Addresses tone of bill in regard to resident-provider relations. Speaks to Simmons amendments.

265

Chair Kruse

Comments on private living quarters. Notes Health Insurance Portability and Accountability Act (HIPAA) in regard to bill.

280

Rep. Tomei

Questions what information is provided to providers.

284

Hannum

Explains information should be relevant to resident care.

295

Rep. Tomei

Requests example.

296

Hannum

Reports issues that do not present danger to provider or other residents

315

Rep. Tomei

Inquires on possible change to amendment.

318

Hannum

Agrees to amendment change.

320

Chair Kruse

Comments on physician requirements to report under HIPAA.

331

Rep. Barker

Inquires on provider rights to evict resident.

340

Hannum

Explains regulations and process in regard to involuntary move out. Notes resident’s right to contest move out and request a hearing.

372

Rep. Barker

Inquires on bill and related changes to eviction.

376

Hannum

Explains objection to second proposed change as referenced back to third

391

Liere

Explains language from resident’s point of view.

400

Rep. Barker

Notes language speaks to pertinent information rather than all information.

412

Rep. Anderson

Addresses reasoning for posting rules and regulations. Notes case workers can explain rules to both resident and provider.

436

Hannum

Addresses issues related to Medicaid and private-pay residents.  Notes lack of recourse for vulnerable residents and power dynamic between resident and provider.

TAPE 55, A

042

Hannum

Continues presentation on HB 2519. Notes provider concern over Ombudsman activity and regulatory activity. Addresses need for privacy when filing a complaint to protect resident.

057

Rep. Anderson

Comments on posting of provider rights.

058

Hannum

Explains issue is related to fear in filing complaints against care givers.

068

Rep. Anderson

Inquires on Ombudsman and licensor access.

072

Hannum

Reports resident requests for anonymity when filing complaints.

079

Rep. Anderson

Relates personal experience with adult foster care system. Addresses provider rights to request resident move outs.

100

May Dasch

Volunteer, Alzheimer’s Association. Submits testimony in opposition to bill (EXHIBIT O). Identifies specific objections and addresses the need for anonymity in reporting complaints.

134

Jim Davis

Representing the Alzheimer’s Association and Member, Gray Panthers. Offers testimony in opposition to bill. Notes current provider rights under current legislation therefore provider bill of rights is unnecessary. 

165

David Nebel

Citizens Coalition for Quality Long-term Care. Offers testimony in opposition to bill. Comments on providers special treatment and need for equitable scrutiny. Comments on lack of clarity in results of bill. Notes potential fiscal impact to create review process. 

234

Meredith Cote

Director, Office of Long-term Care Ombudsman. Explains agency’s informal process of complaint resolution. Notes the need for provider rights but questions need for bill of rights. Explains history behind creation of resident rights. Discusses specific concerns with bill. Explains issues of confidentiality in investigating complaints. Notes lack of clarity in language of bill.

327

Rep. Tomei

Inquires on opposition.

330

Cote

Clarifies opposition in regard to advising provider on reason for visit.

338

Rep. Anderson

Comments on need for both resident and provider rights.

343

Cote

Relates complication related to specific case of provider assault.

367

Rep. Anderson

Offers further comments in case of provider assault.

372

Cote

Comments on resolution that satisfies both provider and resident.

416

Chair Kruse

Comments on issues raised during hearing. Closes public hearing on HB 2519 and adjourns meeting at 10:53 A.M.

 

EXHIBIT SUMMARY

 

A – HB 2121, -3 amendments, dated 3/13/03, staff, 1p.

B – HB 2244, -1 amendments, dated 3/10/03, staff, 1 p.

C – HB 2566, -2 amendments, dated 3/10/03, staff, 1 p.

D - HB2684, written testimony, G. Ingram, 6 pp.

E – HB 2684, written testimony, D. Anderson, 2 pp.

F – HB 2684, written testimony, W. Chapman, 1 p.

G – HB 2684, written testimony, J. McCulley, 5 pp.

H – HB 2684, written testimony, E. Evans, 1 p.

I – HB 2684, written testimony, S. Austin, 2 pp.

J – HB 2684, written testimony, S. Wilson, 1 p.

K – HB 2519, written testimony, G. Simmons, 2 pp.

L – HB 2519, written testimony, J. Gallegly, 2 pp.

M – HB 2519, written testimony, H. Liere, 2 pp.

N – HB 2519, written testimony, C. Hannum, 1 p.

O – HB 2519, written testimony, M. Dasch, 1 p.