2015 ORS 413.800¹
Emergency planning

(1) As used in this section:

(a) "Adult foster home" has the meaning given that term in ORS 443.705 (Definitions for ORS 443.705 to 443.825).

(b) "Health care facility" has the meaning given that term in ORS 442.015 (Definitions).

(c) "Residential facility" has the meaning given that term in ORS 443.400 (Definitions for ORS 443.400 to 443.455).

(2) Every adult foster home, health care facility and residential facility licensed or registered by the Oregon Health Authority shall:

(a) Adopt a plan to provide for the safety of persons who are receiving care at or are residents of the home or facility in the event of an emergency that requires immediate action by the staff of the home or facility due to conditions of imminent danger that pose a threat to the life, health or safety of persons who are receiving care at or are residents of the home or facility; and

(b) Provide training to all employees of the home or facility about the responsibilities of the employees to implement the plan required by this section.

(3) The authority shall adopt by rule the requirements for the plan and training required by this section. The rules adopted shall include, but are not limited to, procedures for the evacuation of the persons who are receiving care at or are residents of the adult foster home, health care facility or residential facility to a place of safety when the conditions of imminent danger require relocation of those persons. [2011 c.720 §41]

Note: 413.800 (Emergency planning) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 413 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Note: Sections 1 to 4, chapter 712, Oregon Laws 2013, provide:

Sec. 1. (1) The Legislative Assembly finds that the best system for the delivery and financing of health care in this state will be the system that:

(a) Provides universal access to comprehensive care at the appropriate time.

(b) Ensures transparency and accountability.

(c) Enhances primary care.

(d) Allows the choice of health care provider.

(e) Respects the primacy of the patient-provider relationship.

(f) Provides for continuous improvement of health care quality and safety.

(g) Reduces administrative costs.

(h) Has financing that is sufficient, fair and sustainable.

(i) Ensures adequate compensation of health care providers.

(j) Incorporates community-based systems.

(k) Includes effective cost controls.

(L) Provides universal access to care even if the person is outside of Oregon.

(m) Provides seamless birth-to-death access to care.

(n) Minimizes medical errors.

(o) Focuses on preventative health care.

(p) Integrates physical, dental, vision and mental health care.

(q) Includes long term care.

(r) Provides equitable access to health care, according to a person’s needs.

(s) Is affordable for individuals, families, businesses and society.

(2) To the extent practicable using only the funds received under section 2, chapter 712, Oregon Laws 2013, the Oregon Health Authority shall contract with a third party to conduct a study overseen by the authority to examine at least four options for financing health care delivery in this state, including:

(a) An option for a publicly financed single-payer model for financing privately delivered health care, that is decoupled from employment and allows commercial insurance coverage only of supplemental health services not paid for under the option.

(b) An option that allows a person to choose between a publicly funded plan, including a basic health program under 42 U.S.C. 18051, and private insurance coverage and allows for fair and robust competition among public plans and private insurance.

(c) The current health care financing system in this state, including the:

(A) Oregon Integrated and Coordinated Health Care Delivery System;

(B) Health insurance exchange; and

(C) Full implementation of the Patient Protection and Affordable Care Act (P.L. 111-148), as amended by the Health Care and Education Reconciliation Act (P.L. 111-152) and other subsequent amendments.

(d) An option for a plan that provides essential health benefits, including preventive care and hospital services, and that:

(A) Allows a person to access the commercial market to purchase coverage that is not covered under the plan;

(B) Limits the role of the plan to collecting and distributing revenue while preserving private sector delivery options and optimizing consumer choice;

(C) Offers to Oregonians who earn more than 400 percent of the federal poverty guidelines a deductible plan that could be contributed to by employees and employers;

(D) Exempts Oregonians who earn no more than 400 percent of the federal poverty guidelines from deductibles;

(E) Accesses all sources of available federal funding; and

(F) Identifies program savings that can be achieved by providing health care coverage to all Oregonians, including but not limited to using the program to replace the state medical assistance program and the medical portion of worker’s compensation, then applies the savings to finance the plan.

(3) The researchers conducting the study shall review and consider:

(a) Previous studies in this state of alternative models of health care financing or delivery.

(b) Studies of health care financing and delivery systems in other states and countries.

(c) This state’s current health care reform efforts.

(d) The impact on and interplay with each option of all of the following:

(A) The Patient Protection and Affordable Care Act (P.L. 111-148), as amended by the Health Care and Education Reconciliation Act (P.L. 111-152) and other subsequent amendments;

(B) The Employee Retirement Income Security Act of 1974; and

(C) Titles XVIII, XIX and XXI of the Social Security Act.

(4) The contractor shall prepare a report that summarizes the findings of the study and:

(a) Analyzes the costs and benefits of requiring copayments and of not requiring copayments.

(b) Describes options for health care financing by a government agency, by commercial insurance and by a combination of both government and commercial insurance.

(c) For each option:

(A) Evaluates the extent to which the option satisfies the criteria described in subsection (1) of this section;

(B) Estimates the cost of implementation, including anticipated costs from increased services, more patients, new facilities and savings from efficiencies;

(C) Assesses the impact of implementation on the existing commercial insurance and publicly funded health care systems;

(D) Estimates the net fiscal impact of implementation on individuals and businesses including the tax implications;

(E) Assesses the impact of implementation on the economy of this state; and

(F) Estimates the potential savings to local governments and government agencies that currently administer health care programs, provide health care premium subsidies or provide funding for health care services.

(5) The report must include a recommendation for the option for health care delivery and financing that best satisfies the criteria described in subsection (1) of this section and that:

(a) Maximizes available federal funding; and

(b) Ensures that health care providers receive adequate compensation for providing health care. [2013 c.712 §1; 2015 c.3 §56]

Sec. 2. (1) The Oregon Health Authority shall accept gifts, grants and other funds from public and private sources for the purpose of carrying out the study described in section 1 of this 2013 Act.

(2) All moneys received by the authority under this section shall be paid into the State Treasury and deposited to the credit of the Oregon Health Authority Fund established in ORS 413.101 (Oregon Health Authority Fund). Such moneys shall be used by the authority solely for the purposes of section 1 of this 2013 Act. [2013 c.712 §2]

Sec. 3. (1) The Oregon Health Authority shall report on the progress of the study described in section 1, chapter 712, Oregon Laws 2013, to the 2016 regular session of the Legislative Assembly.

(2) No later than November 1, 2016, the authority shall submit the report described in section 1, chapter 712, Oregon Laws 2013, to the interim committees on health care in the House of Representatives and the Senate.

(3) The authority shall submit the report to the 2017 regular session of the Legislative Assembly in the manner prescribed by ORS 192.245 (Form of report to legislature). [2013 c.712 §3; 2015 c.725 §2]

Sec. 4. Sections 1 and 2, chapter 712, Oregon Laws 2013, are repealed on January 2, 2018. [2013 c.712 §4; 2015 c.725 §1]


1 Legislative Counsel Committee, CHAPTER 413—Oregon Health Authority, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors413.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.