SENATE COMMITTEE ON HUMAN SERVICES

 

 

March 17, 2005                                                                                                       Hearing Room D

3:00 P.M.                                                                                                                     Tapes  37 - 38

 

MEMBERS PRESENT:         Sen. Bill Morrisette, Chair

Sen. Jeff Kruse, Vice-Chair

Sen. Rick Metsger

Sen. Laurie Monnes Anderson

 

MEMBER EXCUSED:          Sen. Charles Starr

 

STAFF PRESENT:                 Rick Berkobien, Committee Administrator

Dawn Tuso, Committee Assistant

 

MEASURES/ISSUES HEARD:

SB 781 – Public Hearing

SB 512 – Public Hearing and Work Session

SB 668 – Public Hearing

SB 782 – 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 37, A

005

Chair Morrisette

Calls the meeting to order at 3:09 p.m.  Opens a public hearing on SB 781.

SB  781 - PUBLIC HEARING

008

Rick Berkobien

Committee Administrator. Gives overview of SB 781.

020

Marilyn Hinds

Governor’s Commission on Senior Services. Testifies in support of SB 781. Submits written testimony (EXHIBIT A).

072

Donald Butsch

Governor’s Commission on Senior Services. Testifies in support of SB 781. Submits written testimony (EXHIBIT B).

137

Chair Morrisette

Asks about potential fiscal impact of SB 781.

140

Butsch

Explains.

147

Chair Morrisette

Asks for clarification of Butsch’s opinion regarding the potential fiscal impact of SB 781.

149

Butsch

Feels that there will not be a fiscal impact.  

150

Sen. Kruse

Asks if he plans to take money from one program to fund another. Feels that there would be some sort of fiscal impact.

161

Butsch

Responds.

166

Sen. Kruse

Says that he is not arguing with the intent but with the fiscal limits inside budgets and programs.

173

Chair Morrisette

Says that Michael Morris is here to speak to the issue of a potential fiscal impact.

180

Michael Morris

Mental Health Policy Manager, Health Services, Office of Mental Health and Addictions Services, Oregon Department of Human Services. Testifies on SB 781. Submits written testimony (EXHIBIT C).

234

Chair Morrisette

Says that his concerns will be addressed by Gordon Fultz and Gina Firman. 

260

Gordon Fultz

Association of Oregon Counties. Testifies on SB 781. Submits written testimony (EXHIBIT D).

307

Gina Firman

Executive Director, Association of Community Mental Health Programs. Testifies on SB 781.

350

Chair Morrisette

Asks Butsch if he would like to address any of the issues mentioned.

357

Butsch

Comments on SB 781.

367

Sen. Kruse

Says that he is not opposed to the idea, but that he wants to make sure it is done appropriately.  Discusses concerns with SB 781.

397

Chair Morrisette

Talks about section 5 of SB 781.

402

Sen. Kruse

Responds.

405

Chair Morrisette

Says there is time to work on amendments for SB 781.

420

Rick Bennett

AARP Oregon. Testifies on SB 781. Submits written testimony (EXHIBIT E).

TAPE 38, A

005

Jacqueline Zimmer

Oregon Association of Area Agencies on Aging and Disabilities. Testifies on SB 781. Submits written testimony (EXHIBIT F).

046

Chair Morrisette

Asks Zimmer to take a look at section 5 of SB 781 and report back to the committee if she has any concerns.

051

Zimmer

Responds.

055

Sen. Kruse

Asks Zimmer if she knows where community mental health ranks in regards to the priorities of the Department of Human Services (DHS).

058

Zimmer

Replies that the priority ranking that DHS has put forward is not a reflection of what they believe the priorities or needs to be in human services.

076

Sen. Monnes Anderson

Expresses interest in hearing about the psychiatric hospital.

090

Chair Morrisette

Closes public hearing on SB 781 and opens public hearing on SB 512.

SB 512 -  PUBLIC HEARING

093

Rick Berkobien

Committee Administrator. Gives overview of SB 512. Mentions -1 amendments (EXHIBIT G) and - 2 amendments (EXHIBIT H).

115

Tom Holt

Executive Director, Oregon State Pharmacy Association. Testifies in support of SB 512 with the -1 and -2 amendments. Submits written testimony (EXHIBIT I).

186

Chair Morrisette

Asks question regarding the recovery program discussed.

189

Holt

Replies yes and explains.

200

Chair Morrisette

Asks what the criteria is for making the decision.

202

Holt

Explains that it would be a Board of Pharmacy decision.

208

Chair Morrisette

Asks if it is a common occurrence.

210

Holt

Responds.

216

Chair Morrisette

Asks if he has seen successful diversion recovery examples over the years.

218

Holt

Replies yes and explains.

227

Chair Morrisette

Closes public hearing and opens work session on SB 512.

SB 512 – WORK SESSION

229

Sen. Kruse

MOTION:  Moves to ADOPT SB 512-1 amendments dated 2/22/05.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Sen. C. Starr

 

Chair Morrisette

Hearing no objection, declares the motion CARRIED.

235

Sen. Kruse

MOTION:  Moves to ADOPT SB 512-2 amendments dated 3/15/05.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Sen. C. Starr

 

Chair Morrisette

Hearing no objection, declares the motion CARRIED.

240

Sen. Kruse

MOTION:  Moves SB 512 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Sen. C. Starr

 

Chair Morrisette

Hearing no objection, declares the motion CARRIED.

SEN. KRUSE will lead discussion on the floor.

 

Chair Morrisette

Closes work session and opens public hearing on SB 668.

SB 668 – PUBLIC HEARING

248

Rick Berkobien

Committee Administrator. Gives overview of SB 668.  Mentions letter submitted by the Board of Medical Examiners (EXHIBIT J) and letter submitted by the Oregon Optometric Physicians Association (EXHIBIT K).

255

Art Keil

Lobbyist, Oregon Association of Naturopathic Physicians. Testifies in support of SB 668. Submits written testimony (EXHIBIT L).

347

Aris Campbell

Naturopathic Physician. Testifies in support of SB 668. Submits written testimony (EXHIBIT M).

378

Sen. Metsger

Discusses concern with SB 668.

407

Keil

Addresses Sen. Metsger’s concern.

432

Sen. Metsger

Responds.

TAPE 37, B

005

Campbell

Responds to Sen. Metsger’s concern.

021

Sen. Monnes Anderson

Expresses concern regarding the potential billing impact of SB 668.

033

Campbell

Addresses Sen. Monnes Anderson’s concern.

035

Keil

Addresses Sen. Monnes Anderson’s concern.

042

Sen. Monnes Anderson

Asks about the Public Employees Benefit Board.

048

Keil

Responds to question.  

051

Sen. Monnes Anderson

Responds.

057

Campbell

Says that naturopathic doctors are physicians.

070

Sen. Monnes Anderson

Says that she does not have a problem with the scope of practice. Clarifies concern regarding the potential ramifications of SB 668 in regards to billing.

077

Sen. Kruse

Asks follow-up question regarding Sen. Monnes Anderson’s concern.

084

Campbell

Responds to question.  

087

Sen. Kruse

Explains question in detail.

097

Keil

Responds to question.

110

Sen. Monnes Anderson

Discusses instance where the services of a naturopathic physician were not covered by insurance in a particular county.

118

Keil

Responds to comment.

125

Tina Kitchin

Medical Director, Seniors and People with Disabilities, Oregon Department of Human Services. Testifies on SB 668. Submits written testimony (EXHIBIT N).

154

Scott Gallant

Oregon Medical Association. Testifies in opposition to SB 668.

224

Chair Morrisette

Asks about the implications of attaching the word physician.

228

Gallant

Explains.

234

Sen. Kruse

Mentions Keil’s testimony. Asks if Gallant would still have a problem with SB 668 if the scope of SB 668 was reduced down to addressing the issue of naturopathic physicians being able to help their clients qualify for services available to individuals with disabilities.

245

Gallant

Replies that his concern would be diminished substantially.

250

John Powell

Regence BlueCross BlueShield of Oregon. Testifies in opposition to SB 668.

284

Keil

Discusses issues with the concerns mentioned. Talks about ORS 676.110.

320

Sen. Kruse

Responds to testimony.

332

Chair Morrisette

Agrees.

342

Chair Morrisette

Closes public hearing on SB 668 and opens public hearing on SB 782.

SB 782 – PUBLIC HEARING

345

Chair Morrisette

Announces that there will not be a public hearing on SB 750 today. Reports that SB 750 will be heard on March 24, 2005.

349

Rick Berkobien

Committee Administrator. Gives overview of SB 782.

365

Lee Hazelwood

Citizen. Testifies in support of SB 782. Submits written testimony (EXHIBIT O).

TAPE 38, B

005

Sen. Kruse

Says that notice has to be given currently. Clarifies that Hazelwood would like to see more information on the notice.

007

Hazelwood

Replies yes and explains.

009

Sen. Kruse

Does not feel that it is sufficient to give notice without offering individuals alternatives.

017

Hazelwood

Responds that it is a possibility.

020

Sen. Kruse

Explains idea.

024

Chair Morrisette

Says it is a good idea. States that SB 782 may have a fiscal impact.

028

Sen. Kruse

Comments on idea discussed. 

032

Hazelwood

Recommends that SB 782 be sent to the floor with a do pass recommendation.

040

Jacqueline Zimmer

Oregon Association of Area Agencies on Aging and Disabilities. Testifies on SB 782.

044

Chair Morrisette

Clarifies question of whether or not the agency is in a position to recommend alternatives for obtaining services currently. Asks, if they are not currently providing this information, should they be.

051

Hazelwood

Agrees with Sen. Morrisette.

052

Zimmer

Responds to Sen. Morrisette’s question and testifies on SB 782.

082

Sen. Kruse

Comments on SB 782 and alternative services available.

095

Zimmer

Responds to Sen. Kruse’s comment.

109

Hazelwood

Thanks staff for working on SB 782.

115

Sue Abrams

Children, Adults and Families, Office of Prevention and Transitional Benefits. Testifies on SB 782. 

143

Deanna Hartwig

Assistant Administrator, Oregon Department of Human Services, Seniors and People with Disabilities, Office of Employment and Financial Benefits. Testifies on SB 782.  Submits written testimony (EXHIBIT P).

176

Chair Morrisette

Asks what her suggestion would be.

178

Hartwig

Discusses suggestion.

194

Chair Morrisette

Asks if it is something that has been discussed and if there is money in the budget to do it.

196

Hartwig

Replies that they have not discussed it. States that there will be a fiscal impact.

203

Chair Morrisette

Asks if she had considered doing it in the past.

208

Hartwig

Replies no.

213

Chair Morrisette

Explains that he hopes that departments look at qualitative performance measures.

221

Abrams

Discusses what could be done in addition to what is being done currently.

231

Hartwig

Comments on  Zimmer’s testimony.

240

Chair Morrisette

Suggests looking at the potential fiscal impact.

251

Sen. Kruse

Asks Abrams question regarding termination procedures and providing notice to clients.

264

Abrams

Explains.

275

Sen. Kruse

Clarifies question.

285

Abrams

Responds to question.

290

Sen. Kruse

Clarifies question further.

303

Abrams

Says she can’t answer the question in detail.

323

Chair Morrisette

Wants to see a fiscal impact for the possible solution discussed.

329

Hartwig

Comments on looking at alternatives that would not have a cost.

341

Chair Morrisette

Closes public hearing and adjourns meeting at 5:00 p.m.

 

 

EXHIBIT SUMMARY

 

A.     SB 781, written testimony, Marilyn Hinds, 3 pp

B.     SB 781, written testimony, Donald Butsch, 3 pp

C.     SB 781, written testimony, Michael Morris, 2 pp

D.    SB 781, written testimony, Gordon Fultz, 4 pp

E.     SB 781, written testimony, Rick Bennett, 1 p

F.      SB 781, written testimony, Jacqueline Zimmer, 1 p

G.    SB 512, -1 amendments, staff, 1 p

H.    SB 512, -2 amendments, staff, 1 p

I.       SB 512, written testimony, Tom Holt, 2 pp

J.      SB 668, written testimony, Board of Medical Examiners, 2 pp

K.    SB 668, written testimony, Oregon Optometric Physicians Association, 2 pp

L.     SB 668, written testimony, Art Keil, 6 pp

M.  SB 668, written testimony, Aris Campbell, 2 pp

N.    SB 668, written testimony, Tina Kitchin, 1 p

O.    SB 782, written testimony, Lee Hazelwood, 5 pp

P.      SB 782, written testimony, Deanna Hartwig, 2 pp