“I guess we’re here doing a reverse Shakespeare. We’re not here to bury the Senate president; we’re here to praise him.”
Sen. Michael Dembrow, D-Portland, talking about kudos for Sen. Courtney and the end of the era as he steps down after 38 years in office and 20 years as president.
OR-ACEP Priority Bills
Preventing violence against health care workers. HB 4142, which would have
classified assaults on hospital workers as felonies instead of misdemeanors, died in the
Senate after it passed the House on March 1, by a vote of 53-7. Senate President Peter
Courtney had not assigned it to a committee, and ruled out of order a motion by
Republicans on the final day to bring it to a vote of the full Senate. Republicans failed in
an attempt to override Courtney’s decision.
A bill will come forward next session, but OR-ACEP issued a joint release with the Oregon Emergency Nurses Association (OENA). It urged legislators to not wait until 2023 to address the problem of violence in hospitals and the trauma of health care worker assault, but to take decisive action during the interim to develop solutions. Dr. Alex Skog, President-Elect, testified in support. You can see his testimony here . His op-ed was first published in the Portland Tribune (pay wall) and then in newspapers state-wide.
Community Violence Prevention Programs. OR-ACEP also supported HB 4045 , a bill
to create grant funding for hospital-based community violence programs. Dr. Sharon
Meieran, a board member, testified in support and this bill passed. You can read her
testimony here .
The 2022 Legislative Session
The Legislative Assembly convened on February 1 and adjourned on March 4. It was
the last session for Governor Kate Brown and for Senate President Peter Courtney, D-
Salem, who is retiring after almost four decades in office. A new governor will be elected
in the November general election. Senators will elect a new president next year.
The House elected Rep. Dan Rayfield, D-Corvallis, as speaker this session after Tina Kotek
stepped down to run for governor. Unlike the failed 2020 session, this session was
heralded as a bipartisan success with credit going to Speaker Rayfield, House
Republican Leader Vicki Breese-Iverson, R-Prineville, House Majority Leader Rep. Julie
Fahey, D-Eugene, President Courtney, Senate Republican Leader Sen. Tim Knopp, D-
Bend, and Senate Majority Leader Sen. Rob Wagner, D-Lake Oswego.
The minority parties in both chambers slowed down the pace by requiring bills to be read in full prior to floor votes in protest to the HB 4002, the farmworker overtime bill, which Democrats called a human rights bill and Republicans said would devastate the state’s agricultural industry. Once that passed, they waived the bill reading requirement and the session adjourned three days early.
Similar to 2021, the short-session continued to focus on the fall-out from the COVID-19
pandemic, economic hardship and natural disasters, and equity. The Governor passed
her Future Ready legislation to address workforce shortages in the manufacturing, construction and health care sectors. Lawmakers passed legislation to bolster the
nursing workforce, grants to incentivize recruitment and retention of the behavioral health workforce and a package to address the child care workforce crisis. Overtime pay was approved for farmworkers by removing the agriculture exemption in law.
Heat relief for vulnerable Oregonians passed, in recognition of the nearly 100 people who
died during the record-breaking heath wave in June 2021. A bill to improve access to
primary care and behavioral health passed, requiring insurers to pay for three visits
without copays or deductibles and to allow same day physical health and behavioral
health visits with no additional co-pays.
The Legislature also passed a bill to provide a bridge plan for the nearly 300,000 people who could be dis-enrolled from the Oregon Health Plan once the pandemic emergency declaration has expired. Investments of $400 million were made to housing and a modest allocation for homeless youth.
Violence prevention was in the spotlight. A bill to fund community violence prevention
programs in hospitals passed with a $5 million appropriation. A bill to increase penalties
for assaulting hospital workers on the job passed the House 53-7, but arrived in the
Senate too late for referral to a committee. While there was strong support for protecting
hospital workers against violence, some members had concerns the penalties would be
misused against people in mental health crisis or BIPOC communities. The legislature
voted to increase penalties for assaulting or harassing elections workers.
Exodus of the House Committee Chairs
“Balancing our work, multiple day jobs, families and our service has become
unsustainable.”
Three key committee chairs announced during the last week of session that they would
not be running for re-election because of the low pay and high job demands. This
surprise announcement came after the failure of a bill to increase legislator pay. Rachel
Prusak, D-Tualatin, chair of the House Health Care Committee, Rep. Karin Power, D-
Milwaukie, and Rep. Anna Williams, D-Hood River, all said they can’t make their budgets work on their part-time pay of $33,000 per year, especially since the job is more than full-time between legislative sessions with special sessions to address emergencies, workgroups, interim legislative days and pandemic-related responsibilities.
The 2023 Legislative Session is expected to have a large cast of new legislators as many people leave or retire from legislative service. There have been 10 vacancies since the 2020 elections and at least 20 are retiring or running for other offices. The deadline for filing for the 2022 election is March 8.
2022 Budget
Once again, the projected revenue forecast has exceeded expectations by over $900
million. The increase is $1.7 billion more than at the adjournment of the 2021 Legislative
Session. Funds were invested in housing, community safety, workforce development,
OHSU workforce development, behavioral health recruitment and retention, health care
coverage, one-time relief payments to low income workers, and climate resilience.
Highlights from the budget include:
- A $400 million package to tackle housing and homelessness, including $165 million for homelessness services, $215 million to build and preserve affordable housing and $20 million to improve access to homeownership. This includes $100 million to increase behavioral health housing.
- Smart investments in community safety, including $15 million to support Community-Based Organizations working to prevent violence, $5 million to expand hospital-based community violence prevention programs, $13 million to help local communities around the state clean up trash and provide sanitation services, $14 million to support services for crime victims, and $10 million for the Oregon Domestic & Sexual Violence Services Fund.
- A $200 million investment in workforce development will help ensure workers hav access to the skills and training they will need to succeed, including $200 million for Future Ready Oregon (Senate Bill 1545). A nearly $300 million cost-of-living relief package, including direct, one-time relief payments of $600 that will help more than 240,000 low-wage workers cover their essential needs (House Bill 4157), $100 million to address the shortage of affordable childcare across the state (House Bill 4005), and increased outreach to help working families access tax relief (House Bill 4117).
- Over $300 million for health care needs, including a plan to protect health coverage for low-income Oregonians (House Bill 4035), $150 million to support behavioral health workers and providers (House Bill 4004), $45 million to address the crisis in Oregon’s health care workforce at OHSU, and new support for Oregon nurses who are experiencing burnout from the extreme stress of the pandemic (House Bill 4003).
- A $100 million climate resilience budget aims to tackle drought, extreme weather, and infrastructure needs.
- $100 million for child care for Oregon, including direct payments of $500 to childcare workers.
- Ending balance: Oregon will still maintain more than $2.7 billion in reserve. That includes projected balances of $760 million in General Funds, $1.3 billion in the Rainy Day Fund, and nearly $700 million in the Education Stability Fund.
Budget Notes: These are instructions from the Legislative branch to state agencies as they implement the budget appropriations. While they don’t have the force of law, the expectation is that they will be followed.
Oregon Health Authority $42.5 million to increase provider payments
The $42.5 million special purpose appropriation is intended to increase provider payment rates an average of 30 percent for behavioral health services under the medical assistance program for the purpose of improving access, maintaining provider networks, increasing wages, and retaining workers. Except to the extent delayed while waiting for approval from the Centers for Medicare and Medicaid Services, OHA shall increase fee-for-service payment rate increases effective no later than July 1, 2022, and all other payment rate increases no later than January 1, 2023.
OHA shall propose strategies to measure the extent to which coordinated care organizations
(CCOs) pass the rate increases through to behavioral health providers and strategies by which CCOs and OHA will measure the impact of the rate increase on behavioral health
provider stability and capacity. OHA shall report these proposed strategies, in addition to an update on rate implementation, at the next meeting of the Emergency Board.
Oregon Health Authority Behavioral health reporting requirements
The Oregon Health Authority (OHA) shall continue exploring ways to streamline
behavioral health provider reporting requirements and remove those that are
unnecessary.
The agency shall present on the outcome of this work during the 2023 legislative session, including the identification of existing reporting requirements; the reporting requirements the agency has reduced, eliminated, or otherwise changed to streamline reporting processes; and the reporting requirements the agency plans to maintain and how these reports are being used.
OHA shall also review and present similar information and recommendations on the number of behavioral health advisory workgroups, task forces, or similar temporary or permanent bodies that require behavioral health provider and stakeholder involvement. OHA shall include in its recommendations for both the provider reporting requirements and advisory groups any changes to state law that are necessary to remove unnecessary burdens on behavioral health providers.
Health Care Legislation Spotlight
HOUSE BILLS
HB 4142 Preventing violence against health care workers FAILED
This bill co-sponsored by Rep. Shelly Boshart, R-Albany, and Rep. Shari Schouten, D- Beaverton, would increase the penalties for assaulting health care workers in hospitals on par with penalties for EMS providers, public transit drivers, taxi drivers, flaggers and corrections officers. The bill passed the House 53-7 in the last few days of session but landed in the Senate just as the final committee closed. This was a priority bill for the Oregon Chapter of the American College of Emergency Physicians and for the Oregon Emergency Nurses Association.
HB 4003 Nursing workforce PASSED
House Bill 4003, sponsored by Rep. Rachel Prusak, D-West Linn, would support the
Oregon Wellness Program, providing counseling, education, and telemedicine services
for Oregon health care professionals. The bill also extends the duration nonresident nurses can practice in the state on an assignment and establishes a nurse internship license through the Oregon State Board of Nursing.
HB 4004 Behavioral health workforce PASSED
This bill, sponsored by Rep. Rob Nosse, D-Portland, would create a $132 million flexible grant program to allow providers to increase wages for behavioral health professionals, offer retention bonuses, and recruit and hire new behavioral health staff. The funds must be used no later than May 31, 2022. Additional funding will be set aside for an ongoing increase in Medicaid rates for behavioral health services to support the increased cost of providing care, with the goal of increasing access to behavioral health services throughout Oregon. This bill was a priority for the Oregon Psychiatric Physicians Association.
HB 4005 Child care PASSED
This is part of a $100 million package of strategic investments to stabilize and begin
expanding the child care and early learning workforce. This will expand child care access across the state to serve more families, and provides professional learning opportunities and higher compensation to develop and retain childcare providers. This bill was a priority for the Oregon Pediatric Society. Rep. Karin Power, D-Milwaukie, is the champion.
HB 4006 Pay parity for naturopathic physicians FAILED
Requires individual and group health insurance policies to reimburse services provided by naturopathic physicians within scope of their practice if services are reimbursed when provided by licensed physicians. Sponsored by Rep. Rob Nosse, D-Portland.
HB 4109 Newborn bloodspot screening advisory board FAILED
This bill, opposed by the Oregon Pediatric Society and March of Dimes, would remove professional organization designations from the committee requirements and it would
bypass the national process for determining which conditions are considered to be screened. This bill has a fiscal for OHA to hire three positions because of the changes in the determination of bloodspot screening panels. It was sponsored by Rep. Susan
McClain, D-Hillsboro
HB 4010 Kratom regulation PASSED
This bill, sponsored by Rep. Stark, R-Grants Pass, requires processors of kratom products to register with the Department of Revenue (DOR) to distribute, sell, or offer for sale wholesale kratom products in the state beginning on or after July 1, 2023. DOR must adopt rules that establish procedures for a processor to register annually; certify that the products sold by a processor are tested by a third-party to satisfy industry standards; and is authorized to collect registration fees to support administration and enforcement of the measure. DOR may also impose civil penalties. Prohibits sale or distribution of kratom products to individuals under 21.
HB 4013 Grants for homeless children programs PASSED
This bill, sponsored by Rep. Anna Williams, D-Hood River, expands access to services for current and former homeless youth with an appropriation for $1.2 million. This bill was a priority for the Oregon Pediatric Society.
HB 4034 Omnibus health care technical fix bill PASSED
Technical provisions include the deletion of the requirement that coordinated care organization collect REALD data from members and submit data to Oregon Health Authority. Includes technical fixes for telemedicine law.
HB 4035 Continuity of health care coverage for low-income Oregonians PASSED
House Bill 4035 would allow the Oregon Health Authority to delay redeterminations for OHP members most likely to lose their coverage until closer to the end of the 12-month period. The bill creates a bridge health insurance plan that, if approved by the federal government, would provide coverage to an estimated 300,000 individuals likely to lose their OHP coverage due to income fluctuations. Rep. Rachel Prusak, D-West Linn, was the champion.
HB 4045 Community violence prevention programs PASSED
This bill put forward by former House Speaker Tina Kotek, D-Portland, will fund grant programs for community safety and violence prevention and intervention services, alleviating risk factors that can lead to violence. This bill was a priority for the Oregon Chapter of the American College of Emergency Physicians and the Oregon Pediatric Society.
HB 4052 Racism as a public health crisis/mobile training units PASSED
This bill sponsored by Rep. Andrea Salinas, D-Lake Oswego, follows up the Declaration of Racism as a Public Health Crisis which passed in the 2022 legislative session. The bill provides initial funding and directs OHA to establish a Mobile Health Unit Pilot Program for underserved communities and establishes a new advocacy commission to ensure the ideas to end institutional racism and strategies for building health equity are directed, informed, and endorsed by BIPOC community members.
HB 4081 Requires pharmacists to offer naloxone with certain Rx FAILED
This bill from Rep. Rachel Prusak, D-West Linn, requires pharmacists who dispense opioid prescription to offer prescription for naloxone, or similar drug, and information about naloxone under specified circumstances.
HB 4085 Minor consent for behavioral health or SUD treatment FAILED
House Bill 4085 allows in-patient residential behavioral health facilities to admit minors under 18 if certain conditions, including commitment from parents, are met. Oregon law already has provisions in place to allow this. Rep. Boomer Wright, R-Coos Bay, met with behavioral health advocates to talk about ways to protect minors at risk of suicide.
HB 4117 Grant program for earned income tax credits PASSED
Earned-Income Tax Credit Outreach: The EITC helps low-income workers and families receive a tax break to reduce their overall tax burden. The budget will strengthen the resources available to help low-income families navigate the tax system and access this credit, with a focus on outreach by culturally responsive organizations, tribal governments, and under-resourced rural community service organizations.
HB 4134 Bans balance billing for out-of-network labor and delivery PASSED
House Bill 4134, introduced by Rep. Duane Stark, R-Grants Pass, specifies insurer reimbursement of out-of-network labor and delivery services if the services were provided out-of-network solely due to the diversion of the patient for a reason related to a public health emergency declaration.
HB 4157 One-time payments to low-income workers PASSED
This legislation directs Oregon Department of Revenue to establish and administer a program to address the negative economic impacts of the COVID-19 public health emergency. The Department of Revenue will provide $600 one-time assistance payments to low-income households with members who worked during the first year of the COVID-19 public health emergency. Only taxpayers who qualified for and claimed the earned income tax credit on their 2020 personal income tax returns are eligible to receive these payments, which must be made by July 31, 2022. The Oregon Department of Revenue estimates that 245,000 taxpayers will be eligible, and payments are limited to one per household. Funding for these payments comes from the State Fiscal Recovery Fund program, a part of the American Rescue Plan Act. Rep. Ricki Ruiz, D-Gresham, and a number of other legislators, acted as chief sponsors.
SENATE BILLS
SB 1529 Access to primary care and behavioral health PASSED
This bill originated from the 2020 House Committee on Health Care Universal Access to Primary Care workgroup, chaired by Rep. Rachel Prusak, D-West Linn. It requires insurers to reimburse the cost of at least three primary care visits for behavioral or physical health each year. This coverage may not be subject to copayments, coinsurance, or deductibles, and is in addition to the yearly preventive primary care visit that must be covered without cost sharing. This measure also prohibits an insurer from excluding coverage for a behavioral or physical health service on the basis that these services were provided on the same day or in the same facility; from imposing a copayment for physical or behavioral health services provided by an in-network provider if on the same day a copayment was imposed for other services; or from requiring prior authorization for a covered behavioral health service provided by a specialist in a behavioral health home or patient centered primary care home. These requirements also apply to CCOs unless they are using a value-based payment or other alternative payment methodology. This bill has been a long-time priority for the Children’s Health Alliance and also supported by the Oregon Psychiatric Physicians Association and Oregon Pediatric Society.
SB 1536 Emergency heat relief PASSED
This bill directs Oregon Health Authority (OHA) to create a program to acquire and distribute air conditioners and air filters on emergency basis to individuals eligible for medical assistance, adopt rules to implement the program, and appropriates $5 million to OHA to implement the program. Most Oregonians (59 percent) do not have air conditioning. Nearly 100 people died during the June 2021 heat dome. Note: HB 4058 did not move forward but merged with SB 1536.
SB 1549 Long-term staffing agency regulation PASSED
This measure, put forward by Sen. Kate Leiber, D-Beaverton, directs the Health Licensing Office (HLO) to issue a temporary staffing agency licensure. Fees will be paid by the licensees. OHA, in collaboration with stakeholders, shall create and submit a report to the interim Health Care committee no later than December 31, 2021.
SB 1554 OHA study of the public health system response to the COVID-19 pandemic. PASSED
Sen. Elizabeth Steiner Hayward, D-NW Portland and Beaverton, put forward SB 1554, which requires the Oregon Health Authority to contract with an independent third‐party consultant to study the state’s public health response to the COVID‐19 pandemic in partnership with counties. The final report and recommendations are due September 1, 2023. The measure includes a General Fund appropriation of $899,573 to support the fiscal impact.
SB 1543 Universal representation PASSED
Senate Bill 1543 appropriates $10.5 million to a newly created Universal Representation Fund to provide a statewide, integrated, universal legal navigation and representation system for immigration matters, and $4.5 million for the Oregon State Bar’s Legal Services Program to provide legal services to individuals on immigration matters. Sen. Kate Leiber, D-Beaverton, and a number of other legislators co-sponsored this bill.
SB 1545 Future Ready Oregon PASSED
This legislation from Gov. Kate Brown makes $200 million in investments towards building career pathways in targeted sectors, including health care, manufacturing and construction. The package will particularly focus on opportunities for historically underserved communities, including adult learners, dislocated workers, people of color, women, people with low incomes, rural communities, and disconnected youth.
An active interim and a preview for bills in 2023
The interim is the period in which legislators, state agencies and stakeholders work on upcoming legislation. During a short session, up to 300 bills are introduced. During a long session, there may be up to 3,000.
State agencies submit their legislative concepts to the Governor’s Office for consideration in April of even-numbered years and also prepare for the biennial state agency budgets. The deadline for members and committees to submit requests for drafts of measures to be filed pre-session is September. Look for informational hearings during May 2022 Legislative Days and previews for committee bills during the September 2022 Legislative Days. The deadline to request pre-session bills is September 23, 2022.
Turbo History of the 35-day session in Oregon
During the first short session in 2010, the Legislature passed major overhauls to health care championed by Gov. John Kitzhaber. In 2012, they tackled education reform, expanding early childhood programs, and creating the health insurance exchange. In 2014, lawmakers took on Cover Oregon problems, marijuana legalization and gun control. In 2016, they passed landmark minimum wage legislation, affordable housing reform and a clean energy bill. In 2018, they aligned Oregon’s tax code with the federal tax overhaul and passed a gun control bill to close the “boyfriend loophole.” In 2020, minority party walk-outs caused early adjournment with only three bills passing for the entire session. In 2022, legislators had over $2 billion to spend from surging tax revenues and focused on pandemic recovery workforce packages, including health care, behavioral health, housing, and economic relief for low-income Oregonians.
For more information about these bills or any other legislative issues, please contact Katy King Government Relations and Public Affairs at KatyKing01@gmail.com