Good morning!  It’s 8:30 am and we’re back in the House Human Services Committee.

We’ve already heard consideration of bills affecting the sharing of mental health and physical health records among providers and a proposed traumatic brain injury commission.  Now, James Toews and Richard Harris from the state Department of Human Services are testifying about the financial cost of implementing HB 3618.  This bill would provide workers compensation coverage to personal support workers who serve individuals with developmental disabilities (DD) and with mental illness (MI).  Representative Freeman is leading the charge by Republicans who are concerned about the cost of enacting the bill.

 Toews testifies that this bill would add about 8,000 new workers to WC coverage who serve about 10,000 individuals.  Democratic lawmakers ask if home care is less expensive than institutional care. (Yes) They also ask why this group of workers isn’t covered by the Home Care Commission that provides WC to home care workers for seniors and people with physical disabilities.  Toews responds that the DD brokerage system was put together as a result of the Staley law suit settlement which occurred after enactment of the state ballot measure that created the Home Care Commission.   The duties of workers who are mandated by Staley have different duties than traditional home care workers.

 Rep. Olson is concerned about public access to the names of registered home care workers.  Toews says that names are controlled by existing public records law which means that most names must be released to the public.  Olson asks if the state does a criminal records check on anyone who asks for worker names.  Toews says no.  Olson asks if the state feels vulnerable as a result.  Toews says it is a matter of general concern.  Rep. Dembrow says that the question of problems with Oregon’s public records law is a matter that goes beyond this bill.  He asks Toews if he is aware of a person being victimized as a result of having his or her name released.  Toews is unaware of such an instance.

 Rep. Olson asks how this bill will interact with HB 2442 from last session.  This bill beefed up Oregon’s protective services laws and requires exclusion of workers with certain offenses on their criminal record.  Toews says more people will be excluded under the combined effects of these bills.

 Doug Riggs from Oregon Alliance of Children’s Programs testifies.  His providers will suffer a cost impact from this bill and they are already suffering financially.  He says the legislature must increase reimbursement for his programs (present funding only covers 60% of cost) if they are to survive.  OACP does not oppose the bill’s intent but does not want to absorb additional unfunded requirements.  Rep. Tomei says this is a matter for the Ways and Means Committee.  Rep. Freeman says that while the Human Services Committee is a policy committee and not a fiscal committee, it should still be concerned about costs.

 Next up is a representative from SAIF, the workers compensation provider who is asked about costs of providing coverage to the new population.  Representative Maurer takes the lead in questioning about how costs can be controlled.  Maurer notes that the state budget is $182 million in the hole according to an upcoming state revenue report.  He is concerned about “creating a monster” that will cost the state more than anticipated.  Maurer notes the difficulty of assessing claims that occur in family homes when family members are providing services.  How, he asks, does SAIF determine when an injury happens on the job or off the job?

 Questions continue about who bears the additional costs.  Toews notes that provider agencies will not bear the fiscal risk of worker comp claims.  Rep. Freeman asks if a disabled child could end up with less services if costs are taken out of money available for those services.  The answer is yes.

 The committee adjourns for ten minutes to review the bill’s fiscal impact statement.  I go plug my meter.  When I come back, the committee approves the bill on a party-line vote.  The bill will now go to the Ways and Means Committee which will determine if the state can afford to pay for it.