HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES

 

April 02, 2003 Hearing Room D

8:30 A.M. Tapes 72 – 74

 

MEMBERS PRESENT:            Rep. Jeff Kruse, Chair

Rep. Billy Dalto, Vice-Chair

Rep. Carolyn Tomei, Vice-Chair

Rep. Jeff Barker

Rep. Laurie Monnes Anderson

Rep. Ben Westlund

 

MEMBER EXCUSED:             Rep. Gordon Anderson

 

STAFF PRESENT:                  Sandy Thiele-Cirka, Committee Administrator

Mara McGraw, Committee Assistant

 

MEASURES HEARD:                     HB 2642 – Work Session

                                                HB 2191 – Work Session

                                                HB 2374 – Work Session

                                                HCR 7 – Public Hearing and Work Session

                                                HB 2190 – Public Hearing and Work Session

                                                HB 2349 – 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 72, A

006

Chair Kruse

Calls meeting to order at 8:45A.M. and opens work session on HB 2642.

HB 2642 – WORK SESSION

030

Sandy Thiele-Cirka

Administrator. Summarizes bill and -1 amendments dated 3/21/03 (EXHIBIT A).

044

Rep. Tomei

MOTION:  Moves to ADOPT HB 2642-1 amendments dated 3/21/03.

045

 

VOTE:          5-0-2

EXCUSED:  2 - Anderson, Westlund

046

Chair Kruse

Hearing no objection, declares the motion CARRIED.

047

Rep. Tomei

MOTION:  Moves HB 2642 to the floor with a DO PASS AS AMENDED recommendation and be placed on the CONSENT CALENDAR.

051

 

VOTE:          5-0-2

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

EXCUSED:  2 - Anderson, Westlund

055

Chair Kruse

The motion CARRIES.

056

Chair Kruse

Closes work session on HB 2642 and opens work session on HB 2191.

HB 2191 – WORK SESSION

061

Thiele-Cirka

Summarizes bill and -2 amendments dated 3/26/03 (EXHIBIT B).

087

Donna Middleton

Director, Oregon Commission on Children and Families (OCCF). Reiterates previous testimony regarding cooperation with child care commission with or without legislation.

097

Rep. Tomei

Questions workload impact on OCCF.

098

Middleton

Explains impact of additional responsibilities regarding current funding and staff levels.

113

Rep. Monnes Anderson

Indicates the need to emphasize child care in statue.

121

Chair Kruse

Relates intent regarding bill.

128

Rep. Tomei

MOTION:  Moves to ADOPT HB 2191-2 amendments dated 3/26/03.

129

 

VOTE:          5-0-2

EXCUSED:  2 - Anderson, Westlund

131

Chair Kruse

Hearing no objection, declares the motion CARRIED.

132

Rep. Tomei

MOTION:  Moves HB 2191 to the floor with a DO PASS AS AMENDED recommendation.

144

 

VOTE:         5-0-2

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

EXCUSED:  2 - Anderson, Westlund

148

Chair Kruse

The motion CARRIES.

MONNES ANDERSON will lead discussion on the floor.

149

Chair Kruse

Closes work session on HB 2191 and opens work session on HB 2374.

HB 2374 – WORK SESSION

159

Thiele-Cirka

Summarizes bill and -4 amendments dated 3/27/03 (EXHIBIT C). Submits letter from Department Consumer and of Business Services (DCBS) (EXHIBIT D).

178

Rep. Monnes Anderson

Questions outstanding concerns with amendments.

182

Chair Kruse

Clarifies all parties are now in agreement on -4 amendments.

189

Rep. Barker

MOTION:  Moves to ADOPT HB 2374-4 amendments dated 3/27/03.

 

 

VOTE:         5-0-2

EXCUSED:  2 - Anderson, Westlund

191

Chair Kruse

Hearing no objection, declares the motion CARRIED.

194

Rep. Barker

MOTION:  Moves HB 2374 to the floor with a DO PASS AS AMENDED recommendation and be placed on the CONSENT CALENDAR.

194

 

VOTE:         5-0-2

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

EXCUSED:  2 - Anderson, Westlund

206

Chair Kruse

The motion CARRIES.

207

Chair Kruse

Closes work session on HB 2374 and opens public hearing on HCR 7. Submits article (EXHIBIT E).

HCR 7 – PUBLIC HEARING

219

Rep. Jeff Merkley

House District 47. Testifies in memoriam of Gerald J. Bieberle. Offers biographical information on Bieberle’s legislative work.

323

Chair Kruse

Speaks to passage of resolutions. Relates personal experiences with Bieberle.

373

Bonnie Davidson

Executive Director, Community Action Directors of Oregon. Submits written testimony in support of resolution (EXHIBIT F). Relates personal experiences.  

TAPE 73, A

028

Ellen Lowe

Constituent. Submits written testimony in support of resolution (EXHIBIT G). Relates personal experiences with Bieberle.

059

Kathryn Weit

Oregon Developmental Disabilities Coalition. Testifies in support of resolution. Relates personal experiences with Bieberle regarding support of persons with developmental disabilities. 

076

Brian DeLashmitt

Constituent. Testifies in support of resolution. Relates personal experiences with Bieberle.  Notes Bieberle’s dedication to clients and to his work continuing after his death.

094

John Blatt

Executive Director, Association of Oregon Community Development Organizations and Co-Chair, Housing Coalition. Testifies in support of resolution. Relates personal experiences with Bieberle in regard to affordable housing.

130

Phyllis Rand

Governor’s Commission on Seniors. Testifies in support of resolution. Relates personal experiences with Bieberle.

148

Chair Kruse

Closes public hearing on HCR 7 and opens work session on HCR 7.

HCR 7 – WORK SESSION

150

Rep. Tomei

MOTION:  Moves HCR 7 be sent to the floor with a BE ADOPTED recommendation.

152

Rep. Westlund

Comments on Bieberle’s work at legislature.

155

Rep. Barker

Comments on passage of memorials.

172

Rep. Dalto

Comments on Bieberle’s work at legislature.

190

 

VOTE:         6-0-1

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

EXCUSED:  1 - Anderson

193

Chair Kruse

The motion CARRIES.

MERKLEY will lead discussion on the floor.

197

Chair Kruse

Closes work session on HCR 7 and opens public hearing on HB 2190.

HB 2190 – PUBLIC HEARING

209

Thiele-Cirka

Summarizes bill.

220

Tamara Brickman

Legislative Coordinator, Oregon Employment Department. Submits written testimony in support of HB 2190 (EXHIBIT H).

255

Chair Kruse

Closes public hearing on HB 2190 and opens work session on HB 2190.

HB 2190 – WORK SESSION

254

Rep. Monnes Anderson

MOTION:  Moves HB 2190 to the floor with a DO PASS recommendation and be placed on the CONSENT CALENDAR.

261

 

VOTE:          6-0-1

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

EXCUSED:  1 - Anderson

268

Chair Kruse

The motion CARRIES.

270

Chair Kruse

Closes work session in HB 2190 and opens public hearing on HB 2349.

2349 – PUBLIC HEARING

272

Thiele-Cirka

Summarizes bill.

287

Gwen Dayton

Vice President and General Counsel, Oregon Association of Hospitals and Health Systems (OAHH). Submits written testimony in support of bill (EXHIBIT I). Discusses funding from state and other sources. Discusses facility participants.

380

Dayton

Continues section by section analysis of bill. Addresses technical aspects and defines terminology. Addresses issues discovered via workgroup. 

TAPE 72, B

020

Dayton

Continues explanation on access to information and patient data. Addresses cost and fees.

109

Rep. Tomei

Questions legality of fee without participation.

110

Dayton

Reports fee is legal.

113

Chair Kruse

Clarifies inclusion of participants.

119

Dayton

Notes fee without participation has not been contested to date. Discusses consumer advisory group. Presents scope and guidelines of board and advisory groups.

161

Chair Kruse

Questions if the fees are based on facility size.

166

Dayton

Notes establishment of equitable method in determining fees. Discusses termination of participation from program.

183

Rep. Tomei

Questions termination procedure and appeals process.

187

Dayton

Reports board can establish contested case hearings process.

192

Rep. Monnes Anderson

Inquires on correlation with collective bargaining contracts.

197

Dayton

Explains participants in program are not entitled to collective bargaining as program is not affiliated with a union.

209

Rep. Monnes Anderson

Questions definition of serious adverse event. Comments on existing collective bargaining contracts with faculties.

214

Dayton

Explains participant is facility not individual. Discuses auditing and budget issues. Details request for state to provide percentage of cost to administer program.

252

Rep. Tomei

Inquires on referral to Ways and Means.

255

Dayton

Responds affirmatively. Defines information shielded from discovery. Comments on reporting as it relates to civil and criminal litigation.  

337

Rep. Monnes Anderson

Inquires on District Attorney opinion regarding litigation.

344

Dayton

Reports Health Division’s legal counsel advised on bill.

353

Rep, Monnes Anderson

Questions policy on civil proceedings.

365

Dayton

Clarifies legal aspects of confidentiality specific to information provided to program. Notes sunset provision and emergency clause.

395

Chair Kruse

Questions status of the -2 amendments dated 4/1/03  (EXHIBIT J).

400

Dayton

Reports -2 amendments are acceptable.

405

Lowe

Submits written testimony in support of bill and -2 amendments (EXHIBIT K). Explains role and function of workgroup. Notes impact of bill on health care providers and consumers. Relates patient safety as a statewide issue.  

TAPE 73, B

048

Roy Magnusson

Medical Director, Oregon Health and Sciences University (OHSU) Clinics. Submits written testimony in support of bill (EXHIBIT L). Offers background on issues. Speaks to similar efforts by local and national facilities. Details reasons for and result of patient safety data collection statue.

151

June Ann Cole

Oregon Nurses Association (ONA). Testifies in support of bill. Relates stories of compromised patient safety.

192

Grant Higginson, M.D.

State Public Health Officer, Health Services, Department of Human Services (DHS). Submits written testimony (EXHIBIT M). Addresses participation incentives relating to mandatory fees. Notes number of facilities interested in participation. Comments on funding issues. Notes barriers to reporting incidents. Reports bill does not inhibit legal action regarding litigation.

319

Chair Kruse

Questions the need to develop additional amendments.

331

Higginson

Explains.

356

Rep. Tomei

Inquires on systems issues in regard to error.

396

Higginson

Presents examples of system errors versus individual error.

391

Kathleen Haley

Executive Director, Board of Medical Examiners (BME). Submits written testimony (EXHIBIT N). Notes close work with interested parties. Reports BME does not want access to corporation’s records but requests language maintaining current access to individual practitioner records for litigation purposes.

422

Chair Kruse

Requests clarification on BME concerns.

443

Dayton

Points out language addressing concerns are included in -2 amendments. Notes concern that broad language expands current subpoena powers.

TAPE 74, A

020

Haley

Requests opportunity to review -2 amendments.

030

Chair Kruse

Clarifies intent. Submits written testimony from Tom Holt. (EXHIBIT O). Closes public hearing on HB 2349 and adjourns meeting at 10:32 A.M.

 

 

EXHIBIT SUMMARY

 

A – HB 2642, -1 amendment, dated 3/21/03, Staff, 8 pp.

B – HB 2191, -2 amendments, dated 3/26/03, Staff, 3 pp.

C – HB 2374, -4 amendments, dated 3/27/02, Staff, 2 pp.

D – HB 2374, written testimony, DCBS, 1 p.

E – HCR 7, article, Staff, 2 pp.

F – HCR 7, written testimony, photos, Bonnie Davidson, 3 pp.

G – HCR 7, written testimony, Ellen Lowe, 4 pp.

H – HB 2190, written testimony, Tamara Brickman, 1 p.

I – HB 2349, written testimony, Gwen Dayton, 5 pp.

J – HB 2349, -2 amendments, dated 4/1/03, Staff, 15 pp.

K – HB 2349, written testimony, Ellen Lowe, 1 p.

L – HB 2349, written testimony, Roy Magnusson, 2 p.

M – HB 2349, written testimony, Grant Higginson, 3 pp.

N – HB 2349, written testimony, Kathleen Haley, 1 p.

O – HB 2349, written testimony, Tom Holt, 1 p.