2015

END OF SESSION

LEGISLATIVE REPORT

PROVIDED BY

A LOOK
BACK
RECAP
O

regonians know our state is different

than the rest of the country, and the
November 2014 election was a prime
example. While the rest of the country
burned red on election night, a wave of cool
blue swept over our state, resulting in a
decidedly Democratic state Legislature.
While this is not out of the ordinary as far
as Oregon is concerned, the strength of the
Democratic majority in both chambers
opened the door to a left tilt in terms of
what policy became law.
At the same time, Governor Kitzhaber was
elected to an historic fourth term in
Oregons highest office, with a decisive lead
over his challenger Dennis Richardson. A
growing media storm dampened his
swearing-in on January 12th but few could
have imagined what came next. The
culmination of a variety of factors, including
the failure of Cover Oregon, conflict of
interest amongst his team, and a loss of
confidence by legislative leadership in his

GOVERNOR KATE BROWN

SIGNING HER FIRST BILL INTO LAW

IN THE MONTHS FOLLOWING, SESSION

CONTINUED AT A FURIOUS PACE
AS OUR CITIZEN-LEADERS
MADE SIGNIFICANT STRIDES AIMED AT
IMPROVING LIFE FOR OREGONIANS.

ability to carry out the duties of the office,

led to his resignation less than two weeks
into the legislative session. Consequently,
then-Secretary of State Kate Brown ascended
to the Governors chair on February 18th.
Even amidst transition, the Legislature
rolled on. We entered the 2015 Legislative
Session with 35 Democrats and 25
Republicans in the House of Representatives,
and 18 Democrats and 12 Republicans in
the Senate. In the Senate particularly, the
increase in the Democratic majority
changed the dynamiclegislation that had
previously stalled in the chamber (due to
one or two Senators crossing the aisle to vote
with the Republican minority) was now
essentially crossover-proof. Representative
Tina Kotek (D) continued as Speaker of the
House, and Senator Peter Courtney (D)
carried on his long run as Senate President.
With strong majorities in both chambers,
Democratic legislative leaders set out to
tackle an aggressive 30-day agenda, with

sights set on swift passage of bills dealing

with environmental issues, easy access to the
ballot, and altering proceedings in class
action law suits. Governor Brown signed
her first bill into law on March 4tha
controversial bill designed to dedicate
unclaimed damages in class action lawsuits
to the states legal aid fund, as opposed to
allowing those unclaimed funds to be
retained by the convicted organization.
Shortly thereafter, Governor Brown had the
unique experience of signing into law a bill
for which she was a strong proponent during
her tenure as Secretary of State: the new
Motor Voter bill. Under this legislation, any
unregistered but eligible Oregonian will be
automatically registered to vote, using
drivers license information dating back to
2013. The change is expected to add some
300,000 new voters to Oregons voter rolls,
which stand now near 2.2 million.
The most hotly contested of the bills set
forth in the 30-day agenda was SB 324,
dubbed the Clean Fuels bill, which
extends Oregons program to reduce carbon
emissions in the state significantly over the
next 10 years. Though debate was thorough
and impassioned in committee and on the
floor, the bill ultimately passed and was
signed by Governor Brown. The legislation
remained contentious however, until nearly
the end of the session when it was used as
a bargaining chip in negotiations over a
transportation package. In the end, SB 324
remained intact, ensuring the program to
reduce our carbon emissions will continue.
In the months following, session continued
at a furious pace as our citizen-leaders made
significant strides aimed at improving life
for Oregonians. Senate President Courtney
led the charge toward more fully funding
Legislative Session Recap continued, next page >

acquire 12 months of contraceptives at a

time) is an attempt to reduce the number
of unintended pregnancies in the state.
Additionally, the Legislature took action to
abolish the practice of conversion therapy,
or psychological therapy intended to change
sexual orientation, for those under 18.
Finally, Oregons Legislature succeeded in
passing a compromise bill mandating paid
sick leave (five days) be available to
employees working at businesses employing
ten or more individuals. The sick time can
be used for illness, to care for a sick relative,
or can be donated to a co-worker.

SENATE PRESIDENT PETER COURTNEY

Legislative Session Recap continued...

mental health services as well as alcohol and

drug (A&D) treatment services. His
determination, alongside the passion of
many legislators, helped secure $28 million
in new general fund investments for mental
health and A&D services in addition to the
$60 million investment achieved during the
2014 special session from a tobacco tax
increase, a revenue stream which will carry
forward into the future. The investment will
help close the gap in our chronically
underfunded behavioral health care delivery
system.
President Courtney and Speaker Kotek both
also paid special attention to affordable
housing this session. Affordable housing is
increasingly becoming a topic of concern in
Oregon, where population increases have
led to low vacancies and high prices in
housing, particularly in larger or growing
cities like Bend and Portland. President
Courtney, consistent with his focus on
mental health, championed a $20 million
bonding package specifically dedicated to
the creation of affordable housing for those
with mental illness. Speaker Kotek helped
guide the crafting of a $40 million bonding
package intended to create lower-cost
housing options for Oregonians.
In the health care sector, the Oregon
Legislature took early action to put the
chaos and missteps of Cover Oregon behind
themSB 1 officially put an end to Cover
Oregon, moving the functions of the
organization to the Oregon Department of
Consumer and Business Services. Oregons
Legislature and legislative leaders continue
to keep their eyes on how the budget will
change over time as the federal government
scales back support for the expanded
Medicaid population. With the expansion

of the Affordable Care Act, over 300,000

Oregonians were added to the Medicaid
rolls. While this is good news for access to
health care, creating the system to support
those additional recipients remains
challenging, and could create a significant
burden in 2017 as the federal government
scales down their financial support for the
expanded population. Future legislatures
will be forced to deal with the shortfall in
the 2017-19 biennium and beyond. Critical
to the health care budgeting process is the
continuation of the Hospital Provider Tax,
which adds hundreds of millions to the pool
of available funds every biennium. The
renewal of the tax ensured the state has
continued access to this critical funding
stream. The Legislature continues to keep a
close watch on how best to structure and
improve Coordinated Care Organizations,
and SB 440, which restructures the CCOs
metrics and scoring committee, is evidence
of their continued focus on finding new
ways to meeting the triple-aim.
Other major conversations in the health care
area included public health concerns and
access to care. For a time, the highly
contentious debate over mandatory
vaccinations for children attending public
school took center stage, raising questions
about group immunity and parental rights.
In the end, the bill was defeatedthough
some policy changes were adopted in a new
mandate requiring schools to make
immunization rates readily available to the
public. The 2015 legislative session was rife
with discussions about access to health care.
HB 2879, championed by Rep. Knute
Buehler, made Oregon the second state to
permit pharmacists to prescribe hormonal
contraception. This change, in conjunction
with HB 3343 (which will allow women to

The spring economic and revenue forecast

was a very positive one, bringing much
needed relief to tight budgets and tough
budget negotiations. Projections indicated
revenues would come in $538 million over
and above the anticipated close of session
projection. The surplus of income triggered
Oregons unique kicker, which triggers a
distribution of funds back to Oregon
taxpayers in the form of a rebate on next
years taxes. Though worries ran high
regarding the kickers impact on the
bienniums budget, the influx of unexpected
revenue for the 2013-15 biennium made
available many more General Fund dollars
than previously projected. True to an
agreement reached with the school advocacy
community, the Legislature dedicated 40%
of the newly available General Fund to the
state school fund, leaving a balance of
$158.7 million to fill in gaps in the human
services, public safety, early learning, and
natural resources budgets.
A strong revenue forecast brought good
outlooks in the education sector in
particularthe influx of revenue allowed
school districts to invest and innovate in
ways they have not been able to do in years.
The state school fund budget also allowed
for the Legislature to move forward with
funding implementation of statewide fullday kindergarten. The additional revenue
was good news for higher education as well.
The higher education budget has been
described by advocates as a funding level
not seen by their institutions in years. Funds
will be distributed to community colleges
and universities for a full slate of deferred
maintenance projects, allowing schools to
upgrade facilities and increase safety for
students.
Legislative Session Recap continued, next page >

Legislative Session Recap continued...

Oregon continues to pursue its 40/40/20

goal for studentsaiming to have 40% of
students complete a Bachelors degree, 40%
complete an Associate degree or certificate,
and 20% of students complete a collegecareer-ready high school education. With
this goal in mind, legislators and activists
have been working toward increasing access
to higher education. To help meet the
objective SB 81or the Oregon
Promisewas introduced. The Oregon
Promise program aims to make community
college more affordable by providing grants
or tuition waivers to recent high school
graduates enrolled in one of the states 17
community colleges. The grants should
cover, or greatly offset, the cost of community
college courses. The Office of Student
Access and Completion, alongside the
Oregon Higher Education Coordinating
Commission, will administer the Oregon
Promise.

REPRESENTATIVE PETER BUCKLEY, REPRESENTATIVE JENNIFER WILLIAMSON

AND REPRESENTATIVE NANCY NATHANSON

A discussion about chemicals in childrens

projects came in the form of the Toxics
bill, SB 478. The debate continued all
session, as the bill was signed just three days
shy of Sine Die. Modeled after legislation
in Washington State, the bill requires
manufacturers and importers of products
for kids to report usage of 66 high-priority
chemicals of concern, and enter an eightyear phase out of use of a subset of those
chemicals in products sold in Oregon.

While the spring brought strong revenue

and budget relief for this biennium, it also
brought an Oregon Supreme Court decision
As is true across the country, many
regarding the states retirement system for
conversations about how to keep both
citizens and those
public employees.
enforcing the law safe
The ruling declared
IN OREGON,
took place over the
cost-saving measures
months of the legislative
the legislature passed
PASSION FOR THE
session. HB 2571 took
in past legislative
aim at one factor in this
sessions (such as
ENVIRONMENT
complex equation:
eliminating cost-ofensuring transparency in
AND OUR STATES
living adjustments
citizen interactions with
for retired PERS
NATURAL
BEAUTY
police by providing
recipients) are not
permissible. While
ARE POINTS OF PRIDE o f f i c e r s w i t h b o d y
cameras. Following
the impact of the
the significant
FOR CITIZENS AND
ruling on the 2015transformational work
17 biennial budget
LEGISLATORS ALIKE.
done by the Legislature
was minor, the 2017in the 2013 session to
19 budget will see a
reduce the number of
significant shortfall,
individuals incarcerated at a state level, our
necessitating deep cuts, or additional
leaders focused this session on reinvestment
revenue, to balance the budget.
of those saved funds at the community level
In Oregon, passion for the environment and
with the intention of lowering the long-term
our states natural beauty are points of pride
costs of the public safety system. Additionally,
for citizens and legislators alike. To this end,
legislators provided significant funding for
the Legislature granted Governor Browns
the Oregon Youth Authority to rebuild,
request for an allocation of $56 million to
upgrade, and transform their facilities at all
water infrastructure and planning projects.
levels.
Additionally, action was taken to come to
an agreement to protect sage grouse in
Central and Eastern Oregon while avoiding
an endangered species listing.

From an Eames Consulting

perspective, 2015 has been a good
year. Significant progress occurred
during the legislative session and
our firm played an active role in
many of the big conversations.
Finally, as always, we are proud to
represent ORPA and we are
grateful for the opportunity.

ORPAS
IMPACT
ON THE
BEHAVIORAL
HEALTH
BUDGET

s mentioned in our session review above,

significant progress was made during
the 2015 Legislative Session to not only
redesign, but also fund segments of Oregons
behavioral health delivery system. In
addition to the policy gains the Oregon
Residential Provider Association made this
legislative session, the Legislature continued
their historical trend of funding major
increases in the community mental heath
delivery system, housing for persons with
mental illness, and a significant increase in
funding for substance use disorder treatment
and recovery. Once again, Senate President
Courtney introduced and pushed through
a mental health funding package. ORPA
successfully lobbied for increases in both
mental health and addiction treatment to
be included in the packagea significant
departure from previous funding packages
which only focused on mental health. In
addition to fund increases, ORPA and their
partners achieved an acknowledgement our
community has strived for in past legislative
sessionsthrough many statements from
legislators both in committee and on the
House and Senate floors, the Legislature has
embraced the concept of treatment of
substance use disorders with a science-based
approach often reserved for physical
health disease states. In addition, by
including addiction funding in the
behavioral health package, legislators made
great strides in promoting addiction
treatment, recovery, and prevention as an
integral piece of the health care delivery
system as a whole. Rep. Peter Buckley, Ways
and Means Co-Chair, called out the
investments in A&D during his floor speech
as moving our state in the right direction.

SIGNIFICANT FUNDING
INCREASES

ADDICTION TREATMENT AND

RECOVERY

ORPA, along with others in the behavioral

health community, was successful in
attaining the following increases in funding:

$3.5 million (General Fund) Funding

specifically for provider rate increases
to be added to the Medicaid population.
When matched with federal funds, this
increase will provide nearly $10 million
in rate increases to providers

MENTAL HEALTH

$44 million to fund the roll up of

ongoing program investments made in
community mental health

$8.7 million in additional funding for

caseload growth

$26.1 million in additional investments

for community mental health including:

$7 million for crisis services

$6.5 million for jail diversion

$1.5 million for OPAL-K

$7 million for supported housing/

rental assistance

$4.1 million to fund aid and

assist restoration services in the
community

$20 million in lottery bonds to build

housing for individuals with mental
health and/or addiction disorders

$1 million (GF) Funding to assist in

the development of new sobering
facilities as well as funding for existing
sobering facilities
$1.5 million (GF) Funding for peer
supports

ORPA
PRIORITY
BILLS
SPEAKER PRO TEMPORE READ AND SPEAKER TINA KOTEK

HB 3347
PASSED (ORPA SUPPORTED
WITH AMENDMENTS)

House Bill 3347 was introduced by Majority

Leader Val Hoyle, who recognized a
problem in her community whereby some
people with severe and persistent mental
illness were unable to be assisted into
treatment due to a narrow definition of
mental illness. Law enforcement (as well
as others) who identified a person with
mental illness who was at risk of injuring
him or herself would be unable to assist the
person into treatment. HB 3347 modifies
the definition of a person with mental
illness by adding the clarification that a
person with mental illness can be defined as
unable to provide for basic personal needs
that are necessary to avoid serious
physical harm in the near future, and is
not receiving such care as is necessary [for

health or safety] to avoid such harm

(changes in bold). Cascadia worked with
Rep. Hoyle and other stakeholders to reach
consensus on the most appropriate language,
which protects an individuals rights but
allows for greater flexibility to help those in
crisis.
HB 3230
PASSED (ORPA NEUTRAL)

The passage of HB 3230 came about after

significant work over a number of legislative
sessions to create a process whereby
residential mental health facilities could be
identified by the state, to ensure the safety
of residents in residential facilities. Nearly
four years ago, community activists came
forward with legislation which, if passed,
would have increased the negative stigma of
those with mental illness by identifying and
HB 2135
FAILED (ORPA SUPPORTED)

ORPA
TRACKED
BILLS

Summary: Would have removed the

prohibition against local government
enactment of taxes on alcoholic beverages.
HB 2160
FAILED (ORPA SUPPORTED)

Summary: Would have removed the

prohibition against imposition of taxes by
county on cigarettes and tobacco products.

PASSED (ORPA SUPPORTED)

PASSED (ORPA SUPPORTED)

Summary: Specifies requirements for

hospital policies for discharge planning
involving patient who is hospitalized for
mental health treatment.

HB 2231
PASSED (ORPA SUPPORTED)

Summary: Prohibits coordinated care

organizations from requiring organizational
providers to produce information that is
redundant with respect to or outside scope
of on-site quality assessment of organizational
provider conducted by Oregon Health
Authority.
HB 2363
PASSED (ORPA SUPPORTED)

HB 2219
HB 2023

registering facilities in any given community

in Oregon. Cascadia and partners defeated
the legislation numerous times over the
course of three legislative sessions. In an
effort to find consensus, we worked with
the sponsor of the legislation, Rep. Joe
Gallegos, to craft a policy which protects
the confidentiality of our clients but also
gives regulators to the tools to ensure
facilities are following proper health care/
business practices. While the legislation was
not introduced by providers, we worked
diligently to prevent significant negative
impacts to the provider community and to
eliminate stigmatizing residents who use our
services.

Summary: Requires the Department of

Human Services to convene a work group
to study the consolidation of application
processes for human and social services and
to report the recommendations to Legislative
Assembly.

Summary: Requires a treating physician

to document in clinical record any seclusion
of person alleged to have mental illness who
is confined in hospital or nonhospital
facility.

Tracked Bills continued, next page >

Tracked Bills continued

HB 2368
PASSED (ORPA SUPPORTED)

Summary: Provides that if person has

both valid health care instruction, or valid
power of attorney for health care, and
declaration for mental health treatment,
that inconsistencies in documents are
governed by declaration for mental health
treatment.
HB 2420
PASSED (ORPA SUPPORTED)

Summary: Provides that community

mental health program director or directors
designee shall consult with criminal
defendant found unfit to proceed, prior to
decision on commitment, to determine
availability of treatment in community.
HB 2421
FAILED (ORPA NEUTRAL)

Summary: Would have made mental

health drugs subject to a PractitionerManaged Prescription Drug Plan.
HB 2546
PASSED (ORPA SUPPORTED)

Summary: Defines inhalant delivery

system. Amends laws concerning sale of
tobacco products to, and use of tobacco
products by, minors so those laws equally
apply to inhalant delivery systems.
HB 2547
PASSED (ORPA NEUTRAL WITH
AMENDMENTS)

Summary: Creates the Task Force on

Housing with Services.
HB 2555
FAILED (ORPA SUPPORTED)

Summary: Would have increased the

cigarette tax.
HB 2557
PASSED (ORPA SUPPORTED)

Summary: Creates a process by which

person found guilty except for insanity can
apply to court for order setting aside
judgment of guilty except for insanity.
HB 2696
PASSED (ORPA SUPPORTED)

Summary: Specifies requirements for

external quality reviews of coordinated care
organizations by Oregon Health Authority.

REPRESENTATIVE NANCY NATHANSON

HB 2948

SB 233

PASSED (ORPA SUPPORTED)

PASSED (ORPA SUPPORTED)

Su m m a r y : Specifies additional
conditions under which protected health
information may be disclosed by health care
provider that do not subject health care
provider to civil liability.

Summary: Requires the Department of

Human Services and Oregon Health
Authority to suspend, instead of terminate,
medical assistance for person who is
expected to remain in correctional facility
for more than 12 months.

HB 3132
PASSED (ORPA SUPPORTED)

Summary: Expands definition of

hospital facility to include behavioral
treatment facilities and family safety
facilities in regard to local public authorities
created to finance hospital facilities.

SB 430
PASSED (ORPA SUPPORTED)

Summary: Authorizes the State Board

of Psychologist Examiners to impose
sanctions on a person regulated by board
who has been convicted of sex crime.

HB 3230

SB 440

PASSED (ORPA SUPPORTED)

PASSED (ORPA NEUTRAL)

Summar y:Would have modified

registration requirements for certain
residential facilities.

Summary: Modifies the definition of

person with mental illness as used in civil
commitment statutes.

Summary: Requires the Oregon Health

Policy Board to develop a strategic plan for
the collection and use of health care data
and to establish Health Plan Quality Metrics
Committee, appointed by Governor, to
develop health outcome and quality
measures for coordinated care organizations
and plans offered by Public Employees
Benefit Board and Oregon Educators
Benefit Board and publish the data.

HB 3378

SB 465

HB 3347
PASSED (ORPA SUPPORTED WITH
AMENDMENTS)

PASSED (ORPA SUPPORTED)

Summary: Requires hospitals to adopt

written discharge policies.
SB 14
FAILED (ORPA SUPPORTED)

Summary: Would have removed the

prohibition against local government
imposition of taxes on cigarettes and
tobacco products.

PASSED (ORPA NEUTRAL AS

AMENDED)

Summary: Specifies duties and liabilities

of community mental health program with
respect to commitment proceedings
initiated for individuals with mental illness.
SB 682
FAILED (ORPA OPPOSED WITHOUT
AMENDMENTS)

Summary: Would have increased the

Oregon minimum wage rate to $10.75 on
January 1, 2016.
Tracked Bills continued, next page >

2015/2016

INTERIM
SCHEDULE
SENATOR RICHARD DEVLIN AND SENATOR BETSY JOHNSON

Tracked Bills continued

SB 710

SB 909

PASSED (ORPA SUPPORTED)

FAILED (ORPA OPPOSED)

Summary: Requires state health plans,

health insurers, health care providers or
health care clearinghouses to provide, upon
request, one copy of individually identifiable
health information free of charge to
individual, or to personal representative,
when individual is appealing denial of Social
Security disability benefits.

Summary: Would have required that

fitness determination be conducted before
hiring individuals with specified criminal
history if individual will have direct contact
with resident of residential facility or adult
foster home or persons who receive in-home
services or supports.

SEPTEMBER
28TH - 30TH
2015
Legislative Committee
Meetings
_________

SB 5526
SB 739

PASSED (OHA BUDGET)

FAILED (ORPA SUPPORTED)

Summary: Appropriates moneys from

General Fund to Oregon Health Authority
for certain biennial expenses.

Summary: Would have established

standards of care for Department of
Corrections inmates with serious mental
illness.
SB 832
PASSED (ORPA NEUTRAL AS
AMENDED)

Summary: Requires Oregon Health

Authority to prescribe by rule standards for
integrating behavioral health services and
physical health services in patient centered
primary care homes and behavioral health
homes.

NOVEMBER
16TH - 18TH
2015
Legislative Committee
Meetings
_________

JANUARY
13TH - 15TH
2016
Legislative
Organizational Days
_________

FEBRUARY 1ST
- MARCH 6TH
2016
Regular Session
3587 Heathrow Way, Medford, OR 97504

_________