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Governor Signs Legislation to Enhance Protections for
Workers Severely Injured on the Job
Governor also signed legislation to strengthen consumer protections, help children and families, expand access to health care, and protect victims of domestic violence
(Salem, OR) – Governor Ted Kulongoski last week signed legislation to enhance protections for injured workers who have or may qualify for permanent total disability (PTD) benefits under the Oregon workers’ compensation system. Senate Bill 386 changes the threshold used to determine if a worker qualifies for PTD benefits, limits the circumstances under which PTD benefits can be revoked, provides continued payments to workers while they appeal an order terminating their PTD benefits, and provides new vocational help for workers who no longer qualify for PTD benefits.
"Senate Bill 386 was developed to provide and protect benefits for workers who have suffered severe or catastrophic injuries," Governor Kulongoski said. "Existing law created situations where these workers might have benefits denied or revoked for reasons that just don’t make sense, and I applaud legislators across chamber and party lines for joining me on this priority to correct a problem and restore fairness for workers injured on the job."
SB 386 was developed by the Workers’ Compensation Management-Labor Advisory Committee (MLAC), which advises the governor and legislature on matters relating to workers’ compensation. MLAC has equal representation from management and labor interests.
Under current law, the status of a worker with PTD benefits is reviewed every two years. If the insurer or self-insured employer determines that the worker no longer qualifies for PTD benefits, the claim is closed and benefits terminated. The worker can appeal the decision, but the appeal process may take months – during which time the worker receives no benefits – and the standard for denial or revocation of benefits is relatively low.
SB 386 changes the law to:
- Establish a less restrictive wage threshold for determining whether a worker qualifies for PTD benefits. A recent court case, Tee vs. Albertsons, found that even the ability to work a few hours each week at minimum wage would make a worker ineligible.
- Require a change for the better in a worker’s medical or vocational condition before PTD benefits can be revoked.
- Refer disputes about revoked benefits directly to the Hearings Division at the Workers’ Compensation Board for prompt, impartial resolution.
- Allow workers to continue receiving benefits, under certain circumstances, during their appeal of an insurer’s order to revoke PTD benefits. Insurers or self-insured employers will be reimbursed for these benefits if their action is upheld by the Hearings Division.
- Provide new vocational benefits for workers in those situations where PTD status is revoked and the revocation is upheld (or they do not appeal).
Senate Bill 386 is one of three major pieces of workers’ compensation legislation under consideration this session. The other two are SB 311, which would improve worker protections related to independent medical exams, and SB 119, which would improve return-to-work assistance for injured workers. All three bills reflect a consensus among industry, labor, advocacy organizations, and government that changes in certain areas are needed to assure fair treatment and appropriate benefits for workers while maintaining reasonable costs for employers. MLAC studied these areas in depth during the legislative interim between the 2003 and 2005 sessions and developed recommendations that form the basis for the three bills.
"The Oregon workers’ compensation system is a national model for success," Governor Kulongoski said. "But a key element of that success is the capacity we have in place – using tools such as MLAC – to identify and study problem areas and develop fair, cost-effective solutions. These three bills address important issues by improving fairness and benefits of the workers compensation system with the support of both labor and management. I’m pleased to sign SB 386 into law and look forward to receiving SB 119 and SB 311."
Other legislation signed by the Governor recently includes:
Children and Families
SB 94: This bill will help ensure a more effective response to child abuse cases that require law enforcement or DHS action by modifying the system mandating immediate cross reporting of child abuse between Law Enforcement Agencies and the Department of Human Services. The bill also requires DHS to adopt rules establishing which reports of child abuse require cross reporting within 24 hours and that all other reports of child abuse are cross reported no later than 10 days after receipt.
SB 755: This legislation requires school boards to develop clear child abuse reporting policies and procedures to handle abuse claims reported against an employee. If there is reasonable cause to support the report of child abuse, the employee would be placed on paid administrative leave until the Dept. of Human Services or a law enforcement agency had completed their investigation. Records of convicted employees would also be available to the public.
SB 847: Provides a local option tax for a ten-year exemption from property tax for newly-
constructed, single-unit, owner-occupied housing units that are located in a city's 'distressed' area.
SB 947: This bill requires the Dept. of Human Services to release records pertaining to child abuse if the child, the focus of the records, dies or suffers serious physical injury. This bill also allows DHS to remove other specified information, such as names of witnesses, family members and other details.
SB 996: This bill changes the annual cap on the amount of affordable housing tax credits that the Housing and Community Services Department can certify to $11 million. It applies to tax years 2005 and beyond and extends the sunset on the affordable housing tax credit program out 10 years from December 31, 2009 to December 31, 2019.
HB 2951: This bill extends the current law sunset date of January 1, 2007 on the dependent care assistance income tax credit to January 1, 2017.
HB 2999: This bill increases from 12 to 16 the maximum number of children allowed to be cared for in a certified family child care home, allowing for more families in rural and other areas to have access to home child care centers, without the expense of building new child care facilities.
Consumer Protection
SB 120: This legislation gives new authority to the Director of the Department of Consumer and Business Services to adopt rules and investigate violations, and take enforcement action involving persons or businesses acting without certification or registration as prearranged funeral and cemetery service providers, credit services organizations, collection agencies, debt consolidating agencies, or consumer finance lenders. This bill was filed by the Governor for the Department of Consumer and Business Services.
SB 327: This bill prohibits debt consolidating agencies from receiving fees from clients until first installments are paid to creditors. The bill also authorizes nonprofit debt consolidating agencies to charge credit counseling fees, as set by the Department of Consumer and Business Services. This law also requires debt consolidating agencies to disclose in writing the maximum charge for services and client responsibilities under agreements.
SB 573: This bill prohibits an insurance company from re-rating an existing insurance policy based on the credit history of the policy holder when the marital status of the policy holder changes due to death or divorce.
SB 585: This bill prohibits motor vehicle liability insurers from contracting for managed care services to beneficiaries and permits insurers to contract for evaluation services. It also clarifies hospital and medical service lien provisions payable under automobile insurance policies.
SB 997: This bill authorizes vehicle dealers to charge a fee for preparing documents to issue or transfer a certificate of title or registration or to issue registration plates, while also allowing the Department of Transportation to limit the amount of the fee.
HB 2946: This bill prohibits the Department of Transportation from using personal information, including drivers’ license and social security numbers, on disabled person parking permits and decals issued to disabled individuals.
Domestic Violence
HB 2415: This bill provides that any person convicted of a felony for physical or financial abuse of a person that occurred within 5 years of the victim’s death is prohibited from becoming sole owner of property jointly owned or collecting from the victim’s will or life insurance policy. Under this bill, victims of abuse are guaranteed that their abusers will not benefit from their death, even if the abuse was not the cause of death.
HB 2662: This bill allows individuals who are victims of domestic violence, sexual assault, or stalking to receive unemployment benefits from the Employment Department. Individuals can receive benefits only if they have to leave work in order to protect themselves or their minor children from further domestic violence, sexual assault, or stalking.
Education
SB 167: This bill authorizes the Superintendent of Public Instruction to provide education services on local, county, or regional basis to children who have traumatic brain injuries. Measure first applies to the 2006-07 school year.
SB 383: This bill allows students to refuse to participate in and parents and legal guardians to refuse to allow student participation in dissection of animal as part of public school course and directs school districts to provide alternative materials or methods to demonstrate coursework competency.
Health Care
SB 404: This bill modifies criteria for participation in the Rural Health Services Program. Under this bill, the program will provide loan repayments on behalf of physicians, nurses and pharmacists who agree to participate in the program by practicing in rural hospitals and health clinics. The bill also expands the program to include pharmacists and declares emergency, effective July 1, 2005.
SB 443: This bill allows the Board of Medical Examiners to require a physician or surgeon who volunteers at a health clinic and whose license is issued in another state to take an examination if the person has ceased practice of medicine for 24 or more consecutive months prior to applying. The bill also for the first time makes the application and examination for volunteer physicians and surgeons available on the Internet.
SB 880: Allows nurse practitioners (NP) to issue certificates of readmission stating that the person does not have or is not a carrier of any retractable disease. Allows NP to issue a health certificate, to report and interact with the court or act as expert witness in matters involving involuntary custody of someone due to a public health issue, to receive diagnostic/laboratory test results, and to maintain death records of institutional individuals.
Patient Safety
HB 2059: This bill authorizes the Oregon Board of Medical Examiners to collect full sets of fingerprints from licensure applicants for a nationwide criminal background check. This bill also permits the Board to impose a fee to cover the cost of nationwide background checks. After the national background checks are complete, the bill directs the FBI to destroy or return fingerprint cards to Oregon State Police. HB 2059 was filed at the request of Governor for Board of Medical Examiners.
HB 2061: This bill authorizes the State Board of Chiropractic Examiners to conduct nationwide criminal background checks on licensure candidates and licensees under investigation. The bill also permits the Board to impose a fee to cover the cost of national background checks. After the national background checks are complete, the bill directs the FBI to destroy or return fingerprint cards to Oregon State Police. HB 2061 was filed at the request of Governor for State Board of Chiropractic Examiners.
HB 2099: This bill authorizes the Oregon Board of Optometry to seek a ban against licensees who violate license renewal statutes including the sale or misuse of a license, fraudulent license applications or advertisements, and duplication of lenses by unlicensed individuals. This bill also increases the maximum penalty for violation of optometrist licensure statutes to a level Class A misdemeanor. HB 2099 was filed at the request of Governor for Oregon Board of Optometry.
HB 2102: This bill authorizes the Oregon State Board of Nursing to impose fees for nationwide criminal background checks on licensure candidates and licenses under investigation. After the criminal background check is complete, the bill directs the FBI to destroy or return fingerprint cards to the Oregon State Police. Under this bill, the State Board of Nursing and Department of Human Services are able to share the results of criminal background checks with other parties and individuals involved. HB 2102 was filed at the request of Governor for Board of Nursing.
Transportation
SB 114: This bill increases the fee from $90 to $150 that a person must pay if convicted of driving under the influence of intoxicants. The fee increase is to help determine if the person is addicted to drugs or alcohol and help pay for the appropriate treatment program. This bill was filed at the request of Governor for Department of Transportation.HB 2937: This bill requires ODOT to suspend for six months the driving privileges of any individual convicted of theft of gasoline.
Other Legislation
SB 641: This bill creates a misdemeanor crime of owning or possessing dog-fighting paraphernalia with the intent that the paraphernalia be used in furtherance of a dogfight or to train a dog as a fighting dog.
SB 272: This legislation allows the Board of Bar Governors of the Oregon State Bar to establish a deadline for filing nominating petitions for election to the Board of Bar Governors. This also sets forth a process and procedure for the recall of a member of the Board of Bar Governors and eliminates the Board of Bar Governors’ authority to create local lawyer assistance committees to investigate complaints against lawyers. Finally, this bill requires the Oregon State Bar to determine if the person against whom a claim of dishonesty is filed is an active member of the Bar and whether the transaction arose out of the person's practice of law in Oregon.
SB 316: This bill requires state agencies to notify the Advocate for Minority, Women and Emerging Small Business of awards of public contracts with values of $5,000 or more. This bill also directs each agency to establish, in consultation with the advocate, a process and timeline for providing the notice and information. This applies to solicitation for bids and contract awards made on or after the effective date of January 1, 2006.
SB 481: This bill again allows the use of roadside rest area structures by organizations providing refreshments at the rest area. This bill also removes the provision prohibiting organizations from soliciting donations for the refreshments.
SB 487: This bill extends the period of validity of driver's licenses, vehicle registrations and registration plates for members of the Oregon National Guard and military reservists who are within 90 days of returning from active duty. Under this bill, a police officer may no longer issue an Oregon National Guard or military reservist who is within the 90 day period a citation for an expired license or registration.
SB 643: This bill allows state institutions of higher education to contract with a financial institution to provide student services. Under this bill universities are forbidden from releasing a student’s Social Security number, gender, or date of birth to a financial service contractor without the written permission of the student. The measure applies to new or renewed contracts entered on or after the effective date of July 1, 2006.
SB 938: This bill deletes the provision and associated fine for bicycles wishing to pass on the right for safety reasons. The bill also provides exception for the failure to use a bicycle lane or path when there is an unsafe condition.
HB 2156: This bill ratifies the National Crime Prevention and Privacy Compact.
HB 2205: This bill allows a state agency to provide mediation or facilitation services to an employee, another agency or the federal government. This law allows a state agency to use the services of another agency employee or a federal government employee for purposes of mediation or facilitation.
HB 2547: This bill increases the value of estates for which a small estate may be classified from $140,000 to $200,000. The bill makes it easier and faster for estates to be processed because smaller estates proceedings are more informal than regular probate.
HB 2977: This bill establishes Law Enforcement Medal of Honor and establishes Governor's Commission on the Law Enforcement Medal of Honor.
HB 2950: This bill specifies that an employer's dependent care assistance to its employees should not be included in wages for unemployment compensation purposes. The bill applies to the tax year beginning on or after January 1, 2006 and takes effect 91 days after the end of 2003 Session.
HB 3038: This bill allows municipalities 20 years to begin construction of water works following the issuance of water right permits. This bill also requires the Water Resources Department to condition extensions of municipal water right permits to maintain populations of fish listed as sensitive, threatened or endangered under state or federal law.
Media Contacts:
Holly Armstrong, 503-378-6169
Anna Richter Taylor, 503-378-6496
Steve Corson (DCBS), 503-947-7868
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