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Legislative summary of House and Senate Bills Department-wide impact Children, Adults and Families Health Services Seniors and People with Disabilities See
summary index  Questions? Contact
one of our legislative
relations team. Accounts receivable - HB 3023 Reduces the time frame, from one year to 90 days, in which Department of Human Services can hold delinquent accounts receivable before assigning them to Department of Revenue or private collection agencies. Administrative savings - HB 2148 Directs the department to use $10 million from the Tobacco Use Reduction Account to fund the state Medical Assistance Program. Transfers $1.3 million from the Problem Gambling Treatment fund to the Administrative Services Economic Development Fund. Defines "administrative restrictions" and "government efficiency." Requires state agencies to calculate the amount saved quarterly through administrative restrictions and efficiencies and to report this information to the Legislative Fiscal Office. Requires the Department of Administrative Services to unschedule savings and transfer the General Fund portion of savings back to the General Fund on July 1, 2004 and on April 1, 2005. The Department of Administrative Services and the Legislative Fiscal Office will work with agencies if the need arises to reschedule savings in order to preserve legislatively approved programs.  Go to topChildren's Advocate - HB 2522 Transfers Office of Children's Advocate to the department from the Commission on Children and Families. Requires most state ombudsmen to report to the Governor on a regular basis. Client notice - SB 554 Requires a 30-day notice to clients when DHS changes a benefit standard that results in the reduction, suspension or closure of a grant of general assistance or a grant of public assistance. Increases consistency and uniformity of notification to clients when benefits change. Contract law rewrite - HB 2341 Rewrites ORS 279 to revise requirements and procedures for public contracting. Takes effect March 2005. The legislation sets out processes in statute and adopts a "Procurement Code." The previous law allowed for these processes to be set out in rule versus statute. The department's Office of Contracts and Procurement will participate on a statewide committee co-chaired by the Department of Administrative Services and the Department of Justice. The committee will develop administrative rules that support the new procurement code. County services - HB 3638 Specifies that requirements for counties to provide certain services in areas of mental health and developmental disabilities apply subject to availability of General Fund dollars. The Governor's Office will convene a workgroup with local governments and state agency stakeholders to discuss issues identified during legislative hearings on the bill. DHS budget - HB 5030 Funds the majority of the department's programs. (See the budget breakdowns.) Go to topDisappropriations - HB 5077 If voters overturn HB 2152, this bill identifies specific funding disappropriations from the Department of Human Services. The potential reduction is broken into specified dollar amounts associated with the department's broad appropriation categories, as follows:
Section 88 of HB 5077 provides that if the entire measure is referred to the
voters and the tax increases are rescinded, the total amount of direct General
Fund revenue associated with HB 2152, or $792 million. Section 89
of HB 5077 provides that if any referral to the voters is less than the entire
measure but includes the referral of the income tax assessment, then $545 million
is to be disappropriated. In both cases, the disappropriations would take effect
on May 1, 2004. CHILDREN, ADULTS AND FAMILIES SERVICES Abuse definition and reporting - HB 2050Expands the definition of child abuse to include parents who expose their children to methamphetamine or methamphetamine labs. It also expands the mandatory reporter list to include legislators. This has little or no impact on DHS child welfare since these reports come to us now. Adoption jurisdiction - SB 38 Specifies circumstances giving Oregon courts jurisdiction in adoption proceedings; provides a clear and uniform approach in deciding which state has jurisdiction in adoption matters. As it amends ORS 258, the bill provides DHS clear and accurate direction in dealing with jurisdictional issues when they arise, e.g. contesting or intervening in an adoption proceeding or reporting the problem to the court. It also allows for better coordination and communication among DHS, DOJ, and the court in adjudicating adoption cases. Adoption proceedings - HB 3338 Modifies provisions relating to desertion by a parent in adoption proceedings (mainly affecting step-parent adoptions). As it amends ORS 579, the bill also modifies provisions relating to the adoption of a person who is 18 years of age or older or is legally married. This bill may improve DHS' ability to communicate with the court about issues that might affect timeliness of the DHS adoption review process. Child abuse record sharing - SB 628 Expands disclosure of child abuse records. It permits law enforcement agencies to make reports and records available to other law enforcement agencies, district attorneys, city attorneys with criminal prosecutorial functions and the Attorney General when law enforcement determines that disclosure is necessary for the investigations or enforcement of laws related to child abuse. The name and other identifying information about the person who made the report may not be disclosed. Go to topChild Care Tax Credit - HB 3184 Improves flexibility, increases problem-solving alternatives and reduces paperwork by modifying statutory language that made the Child Care Division contribution tax credit difficult to use. Among other changes, it eliminated a requirement that the Child Care Division establish regions statewide and allocate funding to all regions in the state. Since the total amount appropriated is small, the amount to be allocated to each region would be too small to fund effective programs. This may indirectly impact DHS because the department is involved in developing the program and advising CCD on administration of the program. Child support - HB 2095 Requires child support orders to include health care coverage for children in order to comply with federal child support laws. Establishes processes for the enforcement, appeal and termination of medical child support orders. Child Support Program transfer - HB 2340 Transfers responsibility for administering the Child Support Program under Title IV-D of the Social Security Act from the Department of Human Services to the Department of Justice. The Child Support Program establishes paternity, establishes and enforces support orders. DHS has transferred to DOJ eight positions, related services and supplies, and accounting and business costs related to administering the Child Support Account. Dependency proceedings - SB 72 Modifies ORS 231 regarding intervention and rights of limited participation in juvenile dependency proceedings. The bill resolves statutory inconsistencies, making the statute more "user-friendly." Go to topDependency proceedings summons - SB 71 Allows summons or service by mail in dependency proceedings. In amending ORS 230, this bill saves DHS time and money, improves communication among the court, attorneys, and parties to dependency and termination of parental rights proceedings, and improves consistency in dependency proceedings. Driving under the influence of an intoxicant - SB 348 Increases fines for driving under the influence when there is a child passenger in the vehicle. The amendment changed the bill from eliminating the defendant's participation in the DUII diversion program, to giving a judge the option of denying or allowing a person to enter into diversion. Specifically charges adults with a crime when they drink and drive with children as passengers. These reports from law enforcement may increase in reports to child protective services. Foreign children - HB 2091 In cases involving a child who is a foreign national, HB 2091 requires a petition for jurisdiction or motion to implement a plan other than return to parents be served on the child's foreign consulate. When DHS is the petitioner or movant, child welfare staff must send a copy of the petition or motion to the child's foreign consulate by regular mail as soon as possible after filing. Guardianship procedures - SB 70 Describes the procedure for establishing guardianship in juvenile court. In certain instances, the law also requires local Citizen Review Boards to review cases of children for whom guardians have been appointed. The new law protects the interests of the guardian and the child and allows the court to modify or vacate guardianships only when it is in the child's best interest, thereby offering the child and the guardian additional security around the permanency of the guardianship arrangement. Go to topHearing rights - HB 2696 Requires the department to provide an opportunity for a hearing when the department proposes to refuse, suspend or revoke a support service payment used to support participation in JOBS program services. This bill also requires the department to establish written standards for support service payments. This bill will likely increase consistency and uniformity of access to support service payments for program participants. Homeless and runaway youth - HB 2963 Creates a Homeless and Runaway Youth Task Force. The task force includes representatives of DHS and several community partners. The work group will explore the homeless youth situation in Oregon and report findings and make recommendations to the House Health and Human Services Committee prior to the next legislative session. Juvenile dependency proceedings - HB 2272 Authorizes the court to provide written or oral orders to notify persons of duty to appear to contest a petition in juvenile dependency proceedings. The bill, as it amends ORS 205, reduces paperwork and facilitates faster and more efficient notification process. Medication and schools - SB 456 Prohibits school personnel from recommending to parents or guardians that they seek medications for students that would affect or alter thoughts, moods or behaviors. School personnel may communicate with parents or guardians concerning the behavior of the student at school. This does not relieve a school district of the duty to identify and evaluate students with disabilities. Go to topParents as scholars - HB 2450 Allows a small percentage of TANF participants to attend two or four-year educational institutions under certain conditions. The department's ability to implement this legislation is dependent on post-secondary education becoming a "countable" activity in the state's TANF participation rate calculation under federal guidelines. Privacy of child support information - HB 2113 Limits disclosure of child support information and aligns state statute on disclosure of this information with federal law. This is related to disclosure of information from the Federal Parent Locator Service (FPLS). Records retention - SB 14 Eliminates statutory time period for retention of child abuse records. Requires the department to meet with the State Archivist to develop rules specifying a retention period. The intent of this legislation is to bring retention of child abuse records more in line with national retention times (currently, child abuse records in Oregon are retained up to 75 years). Shelter hearings - SB 115 Clarifies and strengthens procedures applying to presentation of information regarding a child at a shelter hearing. Any testimony, reports or other materials regarding the child's mental, physical, or social history and prognosis can be presented at a shelter hearing without regards to whether the evidence is admissible under ORS 40.010 to 40.210 and 40.310 to 40.484 if the evidence is relevant to the determination and findings required under this section. This bill will reduce and simplify reports or presentations given by child welfare workers during shelter hearings and make it less problematic to place children temporarily. Social Security number records - HB 2783 Requires a state agency, board, or commission that issues certain licenses, certifications, permits or registrations subject to suspension pursuant to law to record the applicant's Social Security number (SSN) on the application for, or renewal of, a driver license or certain permit. It brings the Child Support Program (CSP) into compliance with 42 USC 666, which requires that the SSN of any applicant for a professional license, including a driver license, be recorded on the license application. If CSP remains out of compliance, it may affect TANF funding, which is contingent on CSP running a federally compliant program. Resolves conflict with federal regulations and ensures TANF funding is not disrupted. Go to topUnemployment insurance - SB 903 Extends emergency unemployment benefits for up to 20 weeks and allows for an ongoing extension of 6.5 weeks under certain labor market conditions. Workforce investment Act - SB 80 This bill would allow state agencies and others to join together to create compacts for the purposes of providing Workforce Investment Act (WIA) related services. It would also allow state agencies to enter into agreements with those compacts to deliver services. Prior to this legislation, state agencies could not form such compacts as the Attorney General has determined that these compacts are not legally recognized entities. This bill could be considered to increase coordination and flexibility between state-funded organizations by adding the ability for partnerships to contract for services. One such compact currently exists, SOREC in Service Delivery Area 8. Youth in transition - SB 808 Requires the department to ensure that a comprehensive case plan for youth ages 16 years of age and older is appropriate for a successful transition to independent living. Plans must identify the needs and goals related to housing, physical and mental health, education, employment, community connections and supportive relationships. Requires the court to review the comprehensive plan at a permanency hearing and make findings as to whether the plan is adequate, if the department has offered appropriate services, and whether the youth was involved in the planning. Go to topBlood alcohol testing methods - HB 2157 Establishes current standards for laboratories that perform chemical analyses of human blood for blood alcohol content. This bill requires that blood alcohol tests for legal purposes be performed in a certified or accredited laboratory rather than by using one of a list of DHS-approved methods. This bill updates and modernizes the current testing system to incorporate changing technology, which can ensure the quality and accuracy of laboratory results. Bioterrorism preparedness - HB 2251 Authorizes the Governor to proclaim state of impending public health crisis under certain circumstances. Allows Governor to seek assistance under Emergency Management Assistance Compact during state of impending public health crisis. The Oregon Department of Justice analyzed the state's emergency powers authority and the Governor's Security Council examined approximately 15 potential issues relating to public health. This bill addresses council recommendations relating to public health alerts. The measure provides the Governor with the ability to implement public health measures to address a public health emergency or imminent emergency. Brain tumor registry - SB 191 Adds benign tumors of the brain and central nervous system to the list of cases reportable to the Oregon State Cancer Registry. Requires clinical laboratories that diagnose cases of cancer or benign tumors of brain and central nervous system to report information to the statewide cancer registry. In October 2002, Congress approved the Benign Brain Tumor Cancer Registries Amendment Act, requiring the collection of data on benign brain tumors through the nationwide program of cancer registries. SB 191 allows Oregon to collect this data and to be in compliance with the new federal law. Emergency health care providers registry - HB 2410 Authorizes the Department of Human Services to establish a registry of emergency health care providers for the purpose of providing services during emergencies. Provides that upon the Governor declaring a state of emergency and while participating in authorized training, registered health care providers and health care facilities providing services are agents of the state for the purposes of the Oregon Tort Claims Act. Go to topEvidence-based programming - SB 267 Requires that the department's Office of Mental Health & Addictions Services (OMHAS) dedicate steadily increasing portions of its budget to the provision of "evidence-based" programming. Beginning July 1, 2005, providers of mental health and addiction services will have to meet the criteria for delivering evidenced-based programming. Food-borne illness prevention program - HB 3156 The Food Protection Program is part of the Office of Environmental Services and Consultation. Oregon has over 9,000 restaurants and nearly 17,000 total food service facilities. Licensing, inspection and enforcement services are provided through the department's Field Services Unit, or by local health departments. The goal is to work in partnership with local health departments, the food service industry, and the public to reduce or eliminate the known causes of food-borne illness. This bill requires the department to establish a food-borne illness prevention program for the purpose of protecting the public health and establishing intergovernmental agreements to delegate authority of administration and enforcement. Genetic privacy - SB 618 Modifies laws relating to genetic privacy. Among the changes enacted; the bill:
Go to topImmunization ALERT cost recovery - HB 2244 SENIORS AND PEOPLE WITH DISABILITIES SERVICES Abuse investigations - SB 119This bill gives the Oregon Department of Justice and local District Attorneys new powers to conduct investigations of financial or physical abuse of elderly people or incapacitated people. It allows them to compel witnesses to testify or present evidence. It also allows Adult Protective Services workers to assist victims in gathering evidence and testimony for civil cases and it increases the victim's access to civil remedies. This will improve the chances of limiting or remedying financial abuse of elderly people and preserving their assets. Abuse prevention - SB 118 This bill changes the name of the "Elderly and Disabled Person Abuse Prevention Act" to the "Elderly Persons and Persons with Disabilities Abuse Prevention Act." The name change increases recognition of the dignity of people with disabilities. The bill changes the definitions throughout the statute. It adds sexual abuse to the categories of abuse defined in the statute and increases protection to victims of financial abuse. Area Agencies on Aging funding - HB 2288 The bill requires the department to establish a budget and allocation process for Type B Area Agencies on Aging using equivalent costs as if the department itself was running the Medicaid program for seniors and people with disabilities. County mental health and developmental disability services - SB 470 By statute, Oregon provides community mental health and developmental disability services largely through partnerships with counties. SB 470 would prohibit a county from retaliating against a subcontractor solely because the subcontractor exercised its rights under an existing contract dispute resolution process or under statutorily allowed contested case procedures. Go to topDamage awards for abuse - HB 2449 This bill enables elders and people with disabilities to recover three times their actual economic and non-economic damages in cases of abuse. The law may serve as a disincentive to potential abusers and act as an incentive to attorneys to represent these clients. Moratorium on residential care and assisted living - HB 3122 This bill extends the moratorium on the licensing of residential care and assisted living facilities until June 30, 2005. The legislature created the moratorium in 2001 because of concerns about over-capacity. This over-capacity could have led to financial instability of such facilities. Seniors farmers' market - SB 501 Appropriates $40,000 to the Department of Human Services for administering and increasing the redemption rates for the seniors farmers' market nutrition program. Declares emergency, effective July 1, 2003. The Senior Farmers' Market Program is available to seniors who are 60 years of age or older, low-income and utilizing food stamps. State funds leverage federal funds for seniors to purchase fresh fruits and vegetables. All federal funds go directly to local growers who participate in local farmers' markets or operate roadside stands. The department reports that 91 percent of coupons have been redeemed. Workers compensation self-insurance - SB 749 This bill expands the number of community care providers that can participate in a worker's compensation self-insurance pool. The self-insurance pool was established with DHS support and legislative approval, using funds transferred to DHS from the Worker's Compensation Fund in 1999 via SB 288. SB 288 ended a rebate program that had benefited rehabilitation facilities for about 30 years. SB 288 provided transition funding for the 77 agencies participating in the program at the time. DHS collaborated with representatives of those agencies to consider transition options. The Oregon Rehabilitation Association proposed a self-insurance pool as a way of providing some lasting benefit from the transition funds. Under the proposal, $1.0 million from the transition funds would be used to capitalize the program. The program has been running since that time. See
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