SENATE COMMITTEE ON HEALTH POLICY

 

January 28, 2003                                                                                                     Hearing Room B

1:00 PM                                                                                                                            Tapes 7 - 9

 

MEMBERS PRESENT:         Sen. Bill Morrisette, Chair

Sen. Bill Fisher, Vice-Chair

Sen. John Minnis

Sen. Frank Shields

Sen. Charles Starr

Sen. Vicki Walker

 

STAFF PRESENT:                 Marjorie Taylor, Administrator

Saranelle Allen, Committee Assistant

 

 

MEASURE/ISSUES HEARD: SB 145  - Public Hearing     

                                                SB 192 – Public Hearing and Work Session

 

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 7, A

004

Chair Morrisette

Opens meeting at 1:12 p.m. with a public hearing on SB 145.

SB 145 - Public Hearing

007

Marjorie Taylor

Committee Administrator, explains SB 145.

012

Greg Higginson

State Public Health Officer, Department of Human Services.  Speaks and presents written testimony in support of SB 145, (EXHIBIT A) and reviews ten essential factors in the bill.

 

Higginson

Further explains information in Section 1, subsection (5), and mentions that in last session a similar bill was heard in the House.  States concern that the bill was creating unfunded mandates.

064

Chair Morrisette

Wants clarification on the intent of the bill, abortion services specifically.

 

Higginson

Responds that neither abortion, nor any other specific services are to be provided in this bill, and that it is only to be used for a framework for public health policy.

070

Chair Morrisette

Replies that the Legislative intent of this bill does not deal with providing abortion services.

077

Sen. Fisher

Suggests using words, ‘any programs’, instead of ‘unfunded’.

083

Higginson

Replies that he thought this was included in the first part of the bill and refers to Section 1, subsection (5).

088

Sen. Minnis

Asks where ‘agency’ is defined.

 

Higginson

States a clearer definition on what an agency is, could easily be inserted in the bill.

 

Sen. Minnis

Expresses concern about the language causing a suit.

 

Higginson

States purpose of the bill is to provide a philosophical framework, and is not a blueprint.

117

Morrisette

Asks what the intent of the bill is.

123

Sen. Minnis

Asks for clarification on line 3, page 2, subsection (d), which says, ‘Insuring, that quality health services are provided to the community which includes enforcing laws and rules.’  Expresses concern on what the intent is, and that this seems like a pretty strong statement. 

135

Higginson

Refers committee to the back side of the pamphlet entitled Public Health in America, which is where most of the descriptive language for the bill was drafted. (EXHIBIT A)  Gives explanation on the provisions in this bill.

157

Sen. Minnis

Questions meaning of several phrases on providing services.

 

Higginson

Gives an explanation of what services are.

181

Sen. Minnis

Asks further the intent of the agency, and if not provided would the State be responsible for giving services.  Suggests the state would not compel someone else to supply this service. 

 

Higginson

Gives further clarification.

 

Sen. Minnis

Continues discussions back and forth with Dr. Higginson.

230

Chair Morrisette

Asks if legislative intent is established from this discussion.

234

Sen. Minnis

Gives clarification on his intent on questions on wording.  States the purpose of conversation is that statements be made clearly in the Senate, as well as the House.  States he would prefer it be as clear as possible.

255

Chair Morrisette

Asks if Dr. Higginson would include some definitions in the bill, since no work session was scheduled for today.

260

Sen. Fisher

Asks questions on Amendment 145-1, number 5, line 2-5, and if there are any objections to using that phrasing in this amendment.

287

Higginson

Gives explanation on how language was determined by original committee.

302

Sen. Fisher

Asks a question on referring people to different areas to assist in other programs/processes, due to a gray area in the Bill.

321

Higginson

Explains the intent of the bill.

331

Sen. Fisher

Elaborates on how things can get into a bill that are not intended.

340

Chair Morrisette

Suggests adding words ‘health care provider’ in line 3.

354

Higginson

Gives clarification.

 

Chair Morrisette

Raises questions on bill, page 2, line 8.  Requests clarification on wording, and inserting ‘health care provider’.

402

Higginson

Agrees on inserting words in this statement.

 

Sen. Minnis

Asks questions on inserting name/provider wording.

427

Higginson

Agrees to rework content of the bill, and return to committee.

439

Sen. Fisher

Asks if any change is to be made on Section 5.

440

Higginson

Agrees to review this with his committee also.

Tape 8, A

 

 

055

Higginson

Provides additional information on this bill, and advises it may require outside funding.  Gives closing comments.

070

Sen. Minnis

Raises question on non-elected individuals proposing legislation, and why not use the interim committee.

087

Higginson

Clarifies.

095

Jeff Davis

Director of Public Health in Marion County.  Submits prepared statement requesting that section 2 be added to SB 145 which includes subsection (6) stating that nothing in the act is to be an unfunded mandate on local governments.  (EXHIBIT B) 

118

Davis

Wants to look at what gaps are happening for the future.  Asks if any questions.

125

Sen. Fisher

Asks why the Coalition of Local Health Officials is listed as having a membership, and why Marion County Health officials are making other recommendations.

160

Davis

Gives clarification on the group’s positive intent.

176

Higginson

Gives further explanations.

 

Chair Morrisette

States we will work on the bill and amendments, and hear from others.

230

Lawrence Wallack

Professor of Public Health and Director, School of Community Health, Portland State University.  Submits written statement in support of SB 145, and requests amending to include a representative from the PSU School of Community Health as a member of the advisory committee. (EXHIBIT C)

310

Bob Castagna

Oregon Catholic Conference

320

Castagna

Submits proposed amendments to SB 145, and expresses concerns on clarification points in the bill.  (EXHIBIT D)

 

Sen. Minnis

Continues discussion with Bob Castagna on the wording and proposed amendment in this bill.

Tape 7, B

 

 

010

Chair Morrisette

Reviews worst case scenario on ‘assisted suicide’.

014

Castagna

Gives clarification on assisted suicide topic.

020

Sen. Minnis

Asks how language in a policy statement gives rise to a cause of action.

030

Sen. Minnis

Reviews questions on policy.

034

Charlie Cheek

Deputy Legislative Counsel.  Reviews past legislation and laws on policy statements.

043

Sen. Fisher

Asks if this was costly to people who did go into litigation.

050

Sen. Minnis

Asks if a statement could be inserted in the preamble and how that would work.

055

Cheek

Suggests a review of the statute.

Tape 9, A

 

NOTE:  MEETING IS ONLY ON ˝ OF TAPE 7, B.  PLEASE CONTINUE ON TAPE 9, A FOR BALANCE OF MEETING.

30

Chair Morrisette

States if it was a preamble it could assist in the statute of the Public Health Department, and possibly eliminate some of these suits.

50

Castagna

Expresses concerns on administrative rules; feels this is a problem that needs to be fixed.

75

Higginson

Clarifies that Section 1 was a policy statement, and should be used as a philosophical statement only, that does not infringe on any laws.

85

Sen. Minnis

Asks for clarification on whether administrative rules are derived from the language of a statutory law.

90

Cheek

Replies that this is correct, and could not say if it is taken from a preamble.

97

Sen. Fisher

Asks for clarification on the definition of health care provider.

107

Chair Morrisette

Asks if we need a definition of health care provider in this bill.

 

Cheek

Replies that it should be clearly stated, so as not to be open for interpretation.

110

Sen. Fisher

Elaborates on the issue of home health care definition.  Suggests we get a generic definition to resolve any confusion.

 

Cheek

Suggests checking other areas of the definition, where it could be referenced.

 

Chair Morrisette

Expresses that a reference would be a good idea.

 

Higginson

States that the language issues could be resolved as discussed.

118

Chair Morrisette

States we will move forward on the assessment.

 

Bruce Bishop

Oregon Association of Hospitals and Health Systems.  Reviews page 2, line 23, and expresses concern on two areas.

 

Sen. Minnis

Advises that concerns should be directed to Legislative Counsel.

122

Bishop

Asks about the appropriateness of an emergency clause.

123

Sen. Minis

Gives further clarification on an E-Clause requiring 30 days.

130

Sen.  Fisher

Asks Sen. Minnis if more Senators should look at these recommendations.

152

Sen. Minnis

States this is a good question, and might be a good idea.

154

Chair Morrisette

Closes Public Hearing on SB 145 and opens public hearing on SB 192.

SB 192 – PUBLIC HEARING

 

Marjorie Taylor

Committee Administrator.  Explains SB 192.

176

Ann Brand

Administrator of the Office of Mental Health Services, Human Services testifies in support of SB 192.  (EXHIBIT E)  

191

Brand

Introduces Jeff Davis, Administrator for Health for Marion County.

 

Chair Morrisette

Closes the public hearing and opens a work session. 

SB 192 - WORK SESSION

200

Sen. Minnis

MOTION:  Moves SB 192 to the floor with a DO PASS recommendation.

 

Chair Morrisette

Senator Minnis asks if he could add bill to the Consent Calendar.

204

Sen. Minnis

MOTION:  Moves to AMEND his previous motion to include placing SB 192 on the Consent Calendar".

220

Chair Morrisette

VOTE:  6-0

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

 

 

The motion CARRIES.

SEN. MINNIS will lead discussion on the floor.

240

Chair Morrisette

Adjourns the meeting at 2:35 p.m.

 

 

 

 

 

 

EXHIBIT SUMMARY

 

A – SB 145, written testimony, Grant Higginson, 5 pp.      

B - SB 145, written testimony on conceptual amendments, Jeff Davis, 1 p.

C – SB 145, written amendment request by Lawrence Wallack, 1 p.

D – SB 145, written amendment proposal, Bob Castagna, 1 p.

E – SB 192, written testimony, Ann Brand, 1 p.