HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES
April 18, 2003 Hearing Room D
8:30 A.M. Tapes 93
94
MEMBERS PRESENT: Rep. Jeff Kruse, Chair
Rep. Billy Dalto, Vice-Chair
Rep. Carolyn Tomei, Vice-Chair
Rep. Gordon Anderson
Rep. Jeff Barker
Rep. Laurie Monnes Anderson
Rep. Ben Westlund
STAFF PRESENT: Sandy
Thiele-Cirka, Committee Administrator
Mara McGraw, Committee Assistant
MEASURES: HB 2120 Work Session
HB 2165 Work Session
HB 3394 Work Session
HB 2251 Work Session
HB 2609 Work Session
HB 3378 Work Session
HB 2943 Work Session
HB 3411 Work Session
These minutes are in
compliance with Senate and House Rules.
Only text enclosed in quotation marks reports a speakers exact
words. For complete contents, please
refer to the tapes.
|
TAPE/# |
Speaker |
Comments |
|
TAPE 93, A |
||
|
005 |
Chair Kruse |
Calls meeting to order at 8:45 A.M. and opens work session
HB 2120. |
|
HB 2120
WORK SESSION |
||
|
011 |
Janet Carlson |
Marion County Commissioner. Submits written
testimony in support of bill (EXHIBIT
A). Presents -5 amendments, dated 4/17/03 (EXHIBIT B). Discusses Comprehensive Plan (EXHIBITC) and Service Plan (EXHIBIT
D). Details findings and efforts of workgroup. |
|
150 |
Gordon Fultz |
Association of Oregon Counties. Submits written
testimony on behalf of local partners (EXHIBIT
E). Discusses local concerns related to service plans and coordinated
plans. Notes interest in coordinating a birth to death plan. |
|
220 |
Sue Nelson |
Deputy, Health Services, Department of Human
Services (DHS). Notes language in -5 amendments may not address DHS concerns
regarding disapproval and approval process. |
|
241 |
Chair Kruse |
States intent regarding bill. Closes work session on
HB 2120 and opens work session on HB 2165. |
|
HB 2165
WORK SESSION |
||
|
274 |
Sandy Thiele-Cirka |
Administrator. Summarizes bill and -2 amendments,
dated 4/16/03 (EXHIBIT F). |
|
294 |
Kathleen Haley |
Executive Director, Board of Medical Examiners
(BME). Notes Board intent regarding bill. Notes conceptual agreement between
interested parties. |
|
312 |
Bruce Bishop |
Hospital Association. Notes further amendments are
in draft. |
|
323 |
Chair Kruse |
Inquires on consensus on proposed amendments. |
|
326 |
Scott Gallant |
Oregon Medical Association (OMA). Reports agreement
of interested parties pending amendments are drafted correctly. Notes
potential conflict in draft amendments. |
|
352 |
Rep. Monnes Anderson |
Inquires on process issue. |
|
357 |
Chair Kruse |
Clarifies need for new amendments. Closes work
session on HB 2165 and opens work session on HB 3394. |
|
HB 3394
WORK SESSION |
||
|
370 |
Thiele-Cirka |
Summarizes bill, -1 amendments, dated 4/15/03 (EXHIBIT G), -2 amendments, dated
4/18/03 (EXHIBIT H) and -3
amendments, dated 4/18/03 (EXHIBIT I). |
|
408 |
Rep. Alan Bates |
House District 5. Summarizes changes to bill. Notes
importance of personal injury protection (PIP) funding. |
|
426 |
John Powell |
State Farm Insurance Companies. Discusses support
for -2 amendments. |
|
450 |
Rep. Bates |
Accepts -2 amendments. Agrees to forgo -3
amendments. |
|
455 |
Chair Kruse |
Addresses differences between amendments. |
|
464 |
Rep. Tomei |
Inquires on fiscal impact. |
|
470 |
Rep. Bates |
Reports bill with -2 amendments has no fiscal
impact. |
|
471 |
Chair Kruse |
Notes fiscal will be rescinded. |
|
478 |
Rep.
Barker |
MOTION: Moves to ADOPT HB 3394-2 amendments dated
4/18//03. |
|
480 |
|
VOTE:
5-0-2 EXCUSED: 2 - Anderson, Westlund |
|
481 |
Chair Kruse |
Hearing no objection, declares the
motion CARRIED. |
|
483 |
Rep.
Barker |
MOTION: Moves HB 3394 to the floor with a DO PASS
AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways
and Means BE RESCINDED. |
|
492 |
|
VOTE:
5-0-2 AYE: In a roll call vote, all members present vote AYE. EXCUSED: 2 - Anderson, Westlund |
|
500 |
Chair Kruse |
The motion CARRIES. REP. BATES will lead discussion on the
floor. |
|
511 |
Chair Kruse |
Closes work session on HB 3394 and opens work session
on HB 2251 |
|
TAPE 94, A |
||
|
HB 2251
WORK SESSION |
||
|
033 |
Thiele-Cirka |
Summarizes bill and -1 amendments, dated 4/16/03 (EXHIBIT J). |
|
045 |
Grant Higginson |
State Public Health Officer, DHS. Offers overview of
bill. Notes need to limit authority to serious health crisis. Discusses
efforts of work group. Reports minor changes needed in amendments. |
|
074 |
Chair Kruse |
Closes work session on HB 2251 and opens work session
on HB 2609. |
|
HB 2609
WORK SESSION |
||
|
087 |
Jim Gardner |
Pharmaceutical Researchers and Manufacturers of
America (PhRMA). Submits SB 819 (EXHIBIT
K). Addresses issues related to carve out provisions. Discusses preferred
drug lists and physician charter of freedom. Comments on intent of SB
819. |
|
196 |
Rep Tomei |
Inquires on specific section of SB 819. |
|
203 |
Gardner |
Discusses formulary used to create preferred drug
list. |
|
223 |
Thiele-Cirka |
Submits written testimony on behalf of Governors
office (EXHIBIT L). |
|
226 |
Bruce Goldberg |
Administrator, Office of Health Policy and Research.
Discusses preclusion of cost effective drugs. Suggests legislature neither
expand nor contract priority drug list. |
|
271 |
Chair Kruse |
Inquires on clinical differences between drugs. |
|
283 |
Goldberg |
Explains determination on differences between drugs. |
|
299 |
Chair Kruse |
Inquires on ability for physician to make the call
on prescribing drugs. |
|
302 |
Goldberg |
Discusses public policy as it relates to cost. |
|
319 |
Jim Edge |
Acting Assistant Administrator, Office of Medical
Assistance Programs (OMAP). Addresses exclusion of specific drugs on
preferred drug list. |
|
336 |
Rep. Tomei |
Inquires on exclusion process. |
|
338 |
Edge |
Details the SB 819 mandate regarding exclusion of
specific drugs from consideration on the priority list. |
|
344 |
Rep. Tomei |
Inquires on percent excluded. |
|
347 |
Edge |
Discusses carve-out drugs from managed care. Notes
increase in expenditure exclusions via bill. Expresses DHS concern over cost
savings. |
|
391 |
David Pollock |
Medical Director, Office of Mental Health and
Addictions Services, DHS. Discusses efforts of stakeholder group. Notes
conflicting policies and management interventions. Comments on drug
effectiveness. Addresses issues related to cost savings and restrictions of
bill. |
|
TAPE 93, B |
||
|
019 |
Tom Holt |
Oregon State Pharmacists Association. Submits
written testimony in opposition to bill (EXHIBIT
M). Discusses federal guidelines regarding prescribing generic versus
brand drugs for Medicaid/Medicare. Comments on Federal Drug Administration (FDA)
policy regarding drug differences. |
|
056 |
Rep. Westlund |
Inquires on superior versus equivalent drugs. |
|
066 |
Holt |
Reports on scale used to rate drugs. Notes generic
drugs are not intended to be superior but replicas that are more cost
effective. |
|
081 |
Rep. Westlund |
Inquires on page and line number of citation. |
|
082 |
Holt |
Reports information. |
|
088 |
Rep. Tomei |
Requests clarification on superior status for
preferred drug lists. |
|
093 |
Holt |
Clarifies generic drugs are disallowed on list due
to equivalent not superior status. |
|
097 |
Rep. Tomei |
Inquires on requirements for preferred drugs. |
|
100 |
Holt |
Explains implication of policy as bill is written. |
|
105 |
Rep. Tomei |
Illustrates cost differences. |
|
108 |
Holt |
Concurs with example and presents other examples of
cost differentials between generic and brand. |
|
122 |
Pam Harkins |
Associate State Director, American Association of
Retired Persons (AARP). Submits written testimony in opposition to bill (EXHIBIT N). Presents examples of
impact of drug cost on seniors. |
|
160 |
Chair Kruse |
Submits written testimony from ALO-CIO (EXHIBIT O) and orders committee to
stand at ease. Reconvenes and announces language conflicts in bill. Closes work
session on HB 2609 and opens work session HB 3378. |
|
HB 3378
WORK SESSION |
||
|
182 |
Thiele-Cirka |
Summarizes bill. Submits written testimony from
Department of Consumer and Business Services (EXHIBIT P). |
|
206 |
Joel Ario |
Insurance Administrator, Department of Business and
Consumer Services. Reports department can mandate plan. Notes specific concerns
over language in bill. |
|
253 |
Chair Kruse |
Presents scenario on mandates. Comments on
discretionary aspect of fund. |
|
265 |
Ario |
Requests mandate remain in section three. Reports
employee choice. Notes discretion of employee regarding mandates and
deductible as separate issues. Discusses benefit structure and emphasizes
mandates should be applied evenly. |
|
311 |
Chair Kruse |
Comments on defined contribution plans. Addresses
assumptions under high deductibles. |
|
325 |
Ario |
Clarifies high deductibles as they relate to benefit
structures. Presents alternative
scenarios. Restates department position on mandates. |
|
365 |
Chair Kruse |
Inquires on ability of employee to purchase
individual supplemental insurance. |
|
374 |
Ario |
Notes current law prohibits such purchase but bill
allows purchase of individual plans. Reports on group purchase of individual
plans. Notes disparity when individual purchase is allowed in group market. Comments
on provisions that can be made in legislation. |
|
TAPE 94, B |
||
|
001 |
Craig Urbane |
Oregon Medical Insurance Pool (OMIP). Submits
written testimony on behalf of Rocky King (EXHIBIT Q). Details several concerns. Notes difference between
OMIP and employer markets. Comments on impact of individual coverage clause
on OMIP. |
|
035 |
Chair Kruse |
Inquires on bill as it compares to Family Health
Insurance Assistance Program (FHIAP). |
|
039 |
Urbane |
Notes mandates are below benchmark OMIP can use to
subsidize. |
|
044 |
Chair Kruse |
Closes work session on HB 3378 and opens work session
on HB 2943. |
|
HB 2943
WORK SESSION |
||
|
061 |
Thiele-Cirka |
Summarizes bill and -1 amendments, dated 4/16/03 (EXHIBIT R). |
|
061 |
Gardner |
Discusses changes made by amendments. Notes bill
sponsor approves amendments. |
|
086 |
Rep. Tomei
|
MOTION: Moves to ADOPT HB 2943-1 amendments dated
4/16/03. |
|
089 |
Rep. Monnes Anderson |
Comments on legislative involvement with drug
priority lists. |
|
099 |
|
VOTE:
5-1-1 AYE: 5 - Anderson, Barker, Dalto, Tomei, Kruse NAY: 1 - Monnes Anderson EXCUSED: 1 - Westlund |
|
100 |
Chair Kruse |
The motion CARRIES. |
|
101 |
Rep. Tomei |
Inquires on workgroup membership. |
|
104 |
Gardner |
Details workgroup membership. |
|
111 |
Rep. Tomei
|
MOTION: Moves HB 2943 to the floor with a DO PASS
AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means. |
|
119 |
|
VOTE:
6-0-1 AYE: In a roll call vote, all members present vote AYE. EXCUSED: 1 - Westlund |
|
122 |
Chair Kruse |
The motion CARRIES. |
|
126 |
Chair Kruse |
Closes work session on HB 2943 and opens work
session on HB 3411. |
|
HB 3411
WORK SESSION |
||
|
128 |
Thiele-Cirka |
Summarizes bill and -1 amendment, dated 4/17/03 (EXHIBIT S). |
|
147 |
Rep. Jeff Merkley |
House District 47. Provides overview of bill.
Presents data on early childhood care. Discusses proposed conceptual changes
in -1 amendments regarding fiscal impact. Relates intent of bill. |
|
199 |
Rep. Monnes Anderson |
Expresses concern over abuses of policy. |
|
211 |
Rep. Tomei |
Inquires on section of proposed -2 amendments, dated
4/17/03 (EXHIBIT T) eliminated
from -1 amendments. |
|
217 |
Rep. Merkley |
Clarifies intent of policy. |
|
231 |
Michael Buckley |
Acting Administrator, Self-Sufficiency Program, DHS.
Explains employment exemptions under Temporary Assistance to Needy Families (TANF).
Notes child development and parenting classes required during exemption
period. |
|
258 |
Tamara Brickman |
Employment Department. Clarifies intent of bill and
amendments. |
|
272 |
Rep. Monnes Anderson |
Restates question on abuses. |
|
283 |
Rep. Merkley |
Speaks to TANF regulation regarding child care
stipend. |
|
297 |
Buckley |
Speaks to employment department regulation regarding
child care stipend. |
|
309 |
Rep. Merkley |
Notes impact of waiver on parents who choose to
remain home for extended period. |
|
317 |
Buckley |
Notes funding requirement. |
|
326 |
Rep. Monnes Anderson |
Notes funds are federal block grants. |
|
335 |
Rep. Tomei
|
MOTION: Moves to ADOPT HB 3411-1 amendments dated
4/17/03. |
|
338 |
|
VOTE:
6-0-1 EXCUSED: 1 - Westlund |
|
339 |
Chair Kruse |
Hearing no objection, declares the
motion CARRIED. |
|
340 |
Rep. Kruse
|
MOTION: Moves to SUSPEND the rules for the purpose
of conceptually amending the -1 amendment to HB 3411. |
|
342 |
|
VOTE:
6-0-1 EXCUSED: 1 - Westlund |
|
343 |
Chair Kruse |
Hearing no objection, declares the
motion CARRIED. |
|
344 |
Rep. Kruse
|
MOTION: Moves to ADOPT HB 3411-1 amendments dated
4/17/03 and that the measure be FURTHER AMENDED on page 2, line 23, by
deleting lines 23 through 26 after line 23 text "section 1 of this 2003
Act." |
|
352 |
|
VOTE:
6-0-1 EXCUSED: 1 - Westlund |
|
354 |
Chair Kruse |
Hearing no objection, declares the
motion CARRIED. |
|
356 |
Rep. Tomei
|
MOTION: Moves HB 3411 to the floor with a DO PASS
AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means
by prior reference. |
|
366 |
Rep. Merkley |
Speaks to intent regarding fiscal impact. |
|
376 |
Buckley |
Reports funding as it relates to General Fund.
Explains current exemption policy. |
|
402 |
Chair Kruse |
Notes funding limitation requires approval by Ways
and Means. |
|
430 |
|
VOTE:
6-0-1 AYE: In a roll call vote, all members present vote AYE. EXCUSED: 1 - Westlund |
|
435 |
Chair Kruse |
The motion CARRIES. |
|
437 |
Chair Kruse |
Closes work session on HB 3411 and adjourns meeting at
10:39 A.M. |
EXHIBIT
SUMMARY
A
HB 2120, written testimony, Janet Carlson, 2 pp.
B
HB 2120, -5 amendments, dated 4/17/03. staff, 21 pp.
C
HB 2120, Comprehensive Plan, Janet Carlson, 34 pp.
D
HB 2120, Service Plan, Janet Carlson, 14 pp.
E
HB 2120, written testimony, Gordon Fultz, 3 pp.
F
HB 2165, -2 amendments, dated 4/16/03, staff, 2 pp.
G
HB 3394, -1 amendments, dated 4/15/03, staff, 1 p.
H
HB 3394, -2 amendments, dated 4/18/03, staff, 1 p.
I
HB 3394, -3 amendments, dated 4/18/03, staff, 1 p.
J
HB 2251, -1 amendments, dated 4/16/03, staff, 31 pp.
K
HB 2609, SB 819, Jim Gardner, 6 pp.
L
HB 2609, written testimony, Erin Kelley-Siel, 2 pp.
M
HB 2609, written testimony, Tom Holt, 7 pp.
N
HB 2609, written testimony, Pam Harkins, 2 pp.
O
HB 2609, written testimony, Lynn-Marie Crider, 2 pp.
P
HB 3378, written testimony, Joel Ario, 1 p.
Q
HB 3378, written testimony, Rocky King, 2 pp.
R
HB 2942, -1 amendments, dated 4/16/03, staff, 1 p.
S
HB 3411, -1 amendments, dated 4/17/03, staff 3 pp.
T
HB 3411, -2 amendments, dated 4/17/03, staff, 6 pp.