Other bills signed into law

Disability Rights Oregon tracked many other bills during the 2017 legislative session. Many of those fell outside of our legislative agenda.

Below are the ones that the Governor signed into law.

Mental Health Conditions

SB 64 Renames “mental disease or defect” to “qualifying mental disorder” in criminal and certain juvenile statutes. Effective date, January 1, 2018.

SB 65 Eliminates the State Hospital Review Panel (SHRP) and directs the PSRB to supervise all state hospital patients held pursuant to a guilty except for insanity finding. Effective date, June 22, 2017.

SB 66  Requires courts to notify those found GEI of a sex crime that they will be required to register as a sex offender and notify individuals with mental health adjudications, including civil commitment and those adjudicated unable to “aid and assist” that they will be prohibited from purchasing or possessing a firearm under state and federal law unless relief is granted by the PSRB. Effective date January 1, 2018.

SB 81 Directs the Director of Veterans’ Affairs to provide statewide expertise, advocacy, coordination and assistance to veterans to assist veterans in navigating federal, state and local health care and mental health care systems for purpose of obtaining health care and mental health care. Effective date, January 1, 2018.

SB 82 Prohibits the Oregon Youth Authority from placing a youth offender or others in its custody alone in a locked room as a punishment for violation of rules. Effective date, January 1, 2018.

SB 846 Prohibits the use of physical restraints in juvenile court proceedings on youth, youth offender or a young person with exceptions. Effective date, January 1, 2018.

SB 860 Requires the Department of Consumer and Business Services to examine parity of reimbursement paid by carriers to mental health providers and physicians. Requires the department to adopt rules necessary to ensure compliance with mental health parity and network adequacy requirements based on results of the department’s examination. Effective date, August 8, 2017.

SB 944  Requires the Oregon Health Authority to contract with a nonprofit to operate a 24-hour call center for tracking and providing information on placements available for children and adolescents needing high acuity behavioral health services.  Effective date, August 8, 2017.

HB 2300B Establishes a Mental Health Clinical Advisory Group in the Oregon Health Authority to develop evidence-based algorithms for the prescription drug treatment of mental health disorders in medical assistance recipients. Effective date August 2, 2017.

HB 2302 Permits Oregon Health Authority staff to apply for additional state or federal benefits on behalf of Oregon State Hospital patients who will be discharged. Effective date May 17, 2017.

HB 2304  Adds peer support specialist, family support specialist and youth support specialist to membership of Traditional Health Workers Commission. Requires coordinated care organizations to ensure members have access to peer support specialists. Effective date January 1, 2018.

HB 2308 Provides that in calculation of maximum period of commitment for a defendant lacking fitness to proceed, a defendant must receive credit for each day the defendant is held in jail unless the defendant is charged with an offense requiring mandatory minimum sentences.  Effective date January 1, 2018.

HB 3063 Requires the Housing and Community Services Department to disburse moneys in the Housing for Mental Health Fund for development of community-based housing, crisis intervention services, rental subsidies and other housing-related services for individuals with mental illness and individuals with substance use disorders. Effective date August 8, 2017.

HB 3090 Requires hospitals with an emergency department to adopt policies regarding the release of patients presenting a “behavioral health crisis” and requires “suicide prevention measures” if necessary. Requires hospitals to provide the Oregon Health Authority with the discharge policy. Effective date October 6, 2117.

HB 3091 Specifies behavioral health crisis services that must be provided by a coordinated care organization. Expands the scope of emergency services that must be covered by a health benefit plan to include treatment for behavioral health crisis. Requires group health insurance policy to cover specified behavioral health crisis services. Effective date January 1, 2018.

HB 3262 Requires DHS, in collaboration with other agencies, to adopt rules related to prescription of psychotropic medications to elderly persons and persons with disabilities. Effective date June 29, 2017.

Financial Exploitation

SB 95 Requires certain securities professionals to report suspected financial exploitation of vulnerable persons to Department of Consumer and Business Services. Permits broker-dealers and state investment advisers to delay disbursements in order to investigate suspected financial exploitation. Effective date, January 1, 2018.

Abuse & Neglect

SB 243 Expands the definition of “child in care” to include children receiving care and services from a certified foster homes and developmental disabilities residential facilities. Defines “involuntary seclusion” for purposes of the definition of “abuse.” Expands abuse reporting requirements and responsibilities to certified foster homes and developmental disabilities residential facilities. Effective date, August 15, 2017.

SB 244  Establishes notification requirements of DHS regarding reported or suspected abuses, deficiencies, violations or failures of child-caring agency to comply with full compliance requirements and regarding reports of suspected or substantiated abuse of child in care. Effective date, June 22, 2017.

Social Security Disability

SB 275  Requires medical providers to provide a copy of health information to a person who is appealing the denial of Social Security disability benefits for period from date of alleged onset of disability to date of administrative hearing. Effective date, July 3, 2017.

DHS Human Rights Commission

SB 834 Requires DHS to develop and present a proposal for creation of a human rights commission to the Legislature related to human services and health no later than December 1, 2017. Effective date, June 14, 2017.

Access

HB 2482 Allows self-service fuel dispensing in low-population counties of eastern Oregon and other specified counties. Removes hours of operation restriction on self-service at filling stations, service stations, garages and other dispensaries in low-population counties of eastern Oregon. Requires filling stations, service stations, garages or other retail dispensaries in low-population counties of eastern Oregon or other specified counties offering self-service to have an attendant available for dispensing fuel only during specified hours if located at a site that includes retail space unrelated to certain motor vehicle goods and services. Allows nonretail facilities in low-population county of eastern Oregon to allow self-service dispensing of fuel at retail. Effective date January 1, 2018.

Residential Care

HB 3359 Establishes a Residential Care Quality Measurement Program and Quality Measurement Council within DHS to develop quality metrics for residential care facilities, require reporting of quality metrics by residential care facilities, provide reports to individual residential care facilities and compile aggregate information about quality of care in residential care facilities. Effective date January 1, 2018.

Health Care

HB 2398 Prohibits health care providers from billing medical assistance applicants or recipients except as provided by Oregon Health Authority by rule. Requires health care providers to wait for payment for 90 days before assigning claims for collection. Effective date January 1, 2018.

Rights of Homeless Individuals

HB 2402 Directs the Oregon Health Authority to establish grant program through which an individual who is homeless may obtain certified copy of individual’s record of live birth at reduced cost or free of charge. Effective date October 6, 2017.

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