2018-303-Minutes for Meeting May 02,2018 Recorded 7/24/2018Recorded in Deschutes County CJ2018-303
Nancy Blankenship, County Clerk
Commissioners' Journal 07/24/2018 7:19:18 AM
BOARD OF
COMMISSIONERS !,
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
9:00 AM
IIIIIIIIIIIIIIIlIIIIIIum
FOR RECORDING STAMP ONLY
BUSINESS MEETING MINUTES
WEDNES AY, May 2, 201 BARNES & SAWYER ROOMS
Present were Commissioners Tammy Baney, Phil Henderson and Anthony DeBone. Also present were
Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County
Counsel; and Sharon Keith, Board Executive Assistant. No representatives of the media were in
attendance.
CALL TO ORDER: Chair DeBone called the meeting to order at 9:00 a.m.
PLEDGE OF ALLEGIANCE
CITIZEN INPUT:
Roger Olson with National Alliance of Mental Illness spoke on behalf of the month
of May as Mental Health Awareness Month. As part of this month the first Friday
Art Walk will showcase art in effort to eliminate stigma of the disease.
Commissioner Baney thanked Mr. Olson for his involvement in the Stepping Up
initiative and the Local Public Safety Coordinating Council.
Greg Bryant from Deschutes River Woods spoke on behalf of 9-1-1. He was one of
the residents that was called recently about a stabbing in the area and appreciates
those calls and the peace of mind that the 911 system is providing to the
community. The calls were received as participation in the reverse 9-1-1
notification system.
PAGE 1 OF 5
CONSENT AGENDA: Before the Board was Consideration of Approval of the
Consent Agenda.
Commissioner DeBone noted in Consent Agenda Item 3 Letters for Appointment
for the Dog Board of Supervisors that Jessica Steele had pulled her name as she is
moving from the area. Commissioner Henderson would like to pull Item 7 for
further review. Also, Item 8 he would approved contingent on a fact check on
marijuana canopy size mentioned. He would also request to pull Item 9 to read his
revisions into the record.
HENDERSON: Move approval, pulling Consent Agenda Item 7 for further
review and Consent Agenda 9 for discussion of revision and approving
Consent Agenda Item 8 contingent upon a fact check.
BANEY: Second.
VOTE: HENDERSON: Yes.
BANEY: Yes.
DEBONE: Chair votes yes. Motion Carried
Commissioner Henderson read into the record his suggested revisions for the Work
Session Minutes of April 4, 2018.
HENDERSON: Move approval of Consent Agenda Item 9.
BANEY: Second.
VOTE: HENDERSON: Yes.
BANEY: Yes.
DEBONE: Chair votes yes. Motion Carried
Consent Agenda Items:
1. Consideration of Board Signature of Order No. 2018-028, Disposing of
Surplus Property
2. Consideration of Board Signature of Order No. 2018-029, Reappointing
Gregory P. Colvin as Justice of the Peace Pro -Tem
PAGE 2 OF 5
3. Consideration of Board Signature of Letters Appointing Annie Blumenstetter,
Oliver Tatom, and Jessica Steele to the Dog Board of Supervisors
4. Consideration of Board Signature on Letters ReAppointing Mike Lovely and
Peter Russel to the Deschutes County Special Transportation Fund Advisory
Committee
5. Consideration of Board Signature on Letter Thanking Henry Kelley for service
on the Forest View Special Road District
6. Approval of Minutes of the April 2, 2018 Business Meeting
7. Approval of Minutes of the April 2, 2018 Work Session
8. Approval of Minutes of the April 4, 2018 Business Meeting
9. Approval of Minutes of the April 4, 2018 Work Session
ACTION ITEMS
10.Consideration of Letters of Support for Proposed Legislation (42CFR &
HIPPA Alignment)
Health Services department staff: Dave Inbody, Shannon Vandergriff, and
Kayla Sells presented the information and reviewed the challenges of
electronic health records. Proposed federal legislation impacts the Health
Services department. Commissioner Baney noted the critical need of getting
individuals the care that they need. Commissioner Henderson noted all
health care is not the same and privacy is an important right and requests to
look into this further. Commissioner DeBone would like to see further
information as well. Commissioner Henderson requested this item brought
back to the Board for further discussion. Commissioner Baney would be
willing to write a letter of support individually and reach out to Congressman
Greg Walden's office. Commissioner DeBone will also make contact with
several offices.
11. Consideration to Rescind Administrative Policy GA -13, Law Library After
Hours Access
Deputy County Administrator Erik Kropp explained this policy covered the
use of the law library while under Deschutes County operations. Currently
PAGE 3 OF 5
there is a contract with Deschutes Public Library to house the law library and
this policy is no longer applicable.
BAN EY: Move approval to rescind policy GA -13
HENDERSON: Second
VOTE: BANEY: Yes
HENDERSON: Yes
DEBONE: Chair votes yes. Motion Carried
12.Consideration of Board Signature of Document No. 2018-193,
PacificSource Amendment #5
DeAnn Carr, Health Services presented the amendment for delivery of
mental health and substance abuse services. This amendment allows Pacific
Source to make payment to Deschutes County Health Services. Discussion
held on the time frames of the contract. Commissioner Baney suggested
having deadlines for PacificSource.
HENDERSON: Move approval
BAN EY: Second
VOTE: HENDERSON: Yes
BANEY: Yes
DEBONE: Chair votes yes. Motion Carried
13.Consideration of Board Signature of Document No. 2018-194,
PacificSource Amendment #6
DeAnn Carr, Health Services presented the amendment for language to cover
2016 and 2017 and give PacificSource the necessary data to make payments
for services for risk reduction and to move forward for the 2018 contract.
PAGE 4 OF 5
BANEY: Move approval
HENDERSON: Second
VOTE: BANEY: Yes
HENDERSON: Yes
DEBONE: Chair votes yes. Motion Carried
OTHER ITEMS: None were offered.
ADJOURN
Being no further items to come before the Board, the meeting was adjourned at 10:04 a.m.
DATED this Day of 2018 for the Deschutes County Board of
Commissioners.
ATTEST:
REtORDI G SECRETARY
ANTHONY
E
ONE, CHAIR
PHILIP G. NDERSON, VICE CH AIR
TAMMY BANEY, COM)SSIONER
PAGE 5 OF 5
W -<
oDeschutes County Board of Commissioners
ff:. _ _ __.
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 — www.deschutes.orq
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
9:00 AM, WEDNESDAY, MAY 2, 2018
Barnes and Sawyer Rooms - Deschutes Services Center — 1300 NW Wall Street — Bend
This meeting is open to the public. To watch it online, visit www.deschutes.ora/meetinas. Business Meetings are
usually streamed live online and video recorded.
Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or
discussed. This notice does not limit the Board's ability to address other topics.
Meetings are subject to cancellation without notice.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
CITIZEN INPUT
This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues
that are not already on the agenda. Please complete a sign-up card (provided), and give the card to the
Recording Secretary. Use the microphone and clearly state your name when the Board Chair calls on you to
speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing not
being conducted as a part of this meeting will NOT be included in the official record of that hearing.
If you offer or display to the Board any written documents, photographs or other printed matter as part of your
testimony during a public hearing, please be advised that staff is required to retain those documents as part of the
permanent record of that hearing.
CONSENT AGENDA
1. Consideration of Board Signature of Order No. 2018-028, Disposing of Surplus Property
2. Consideration of Board Signature of Order No. 2018-029, Re -Appointing Gregory P.
Colvin as Justice of the Peace Pro -Tem
3. Consideration of Board Signature of Letters Appointing Annie Blumenstetter, Oliver
Tatom, and Jessica Steele to the Dog Board of Supervisors
Board of Commissioners Business Meeting Agenda
Wednesday, May 2, 2018 Page 1 of 3
4. Consideration of Board Signature on Letters ReAppointing Mike Lovely and Peter
Russell to the Deschutes County Special Transportation Fund Advisory Committee
5. Consideration of Board Signature on Letter Thanking Henry Kelley for service on the
Forest View Special Road District
6. Approval of Minutes of the April 2, 2018 Business Meeting
7. Approval of Minutes of the April 2, 2018 Work Session
8. Approval of Minutes of the April 4, 2018 Business Meeting
9. Approval of Minutes of the April 4, 2018 Work Session
ACTION ITEMS
10. Consideration of Letters of Support for Proposed Legislation (42CFR & HIPAA
Alignment) - Dave Inbody, Deputy Director
11. Consideration to Rescind Administrative Policy GA -13, Law Library After Hours Access
- Erik Kropp, Deputy County Administrator
12. Consideration of Board Signature of Document No. 2018-193, PacificSource
Amendment #5 - DeAnn Carr, Health Services Deputy Director
13. Consideration of Board Signature of Document No. 2018-194, PacificSource
Amendment #6 - DeAnn Carr, Health Services Deputy Director
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish to discuss as part of
the meeting, pursuant to ORS 192.640.
At any time during the meeting, an executive session could be called to address issues relating to ORS
192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor
negotiations; ORS 192.660(2)(b), personnel issues; or other executive session categories.
Executive sessions are closed to the public; however, with few exceptions and under specific
guidelines, are open to the media.
Board of Commissioners Business Meeting Agenda Wednesday, May 2, 2018 Page 2 of 3
Subject:
Name
Address
Phone #s
BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Citizen Input or Testimony
\ CrAuu
(p 312 icict
E-mail address
Date:
C'f CZ -01 • 04L5 -r k,4tLe
1,
In Favor 1LJ
1 Neutral/undecided
Submitting written documents as part of testimony? Yes
If so, please give a copy to the Recording Secretary for the record.
1 Opposed
No
SUBMIT COMPLETED REQUEST TO
RECORDING SECRETARY BEFORE MEETING BEGINS
Subject: e 6
Name < 0
Address
BOARD OF COMMISSIONERS' MEETING
W -1i PC
REQUEST TO SPEAK
Citizen Input or Testimony
H wc-m. lus 5 V\ cfk 1I
Date:
L-,4 A
Phone #s S4i /111D •-• 1 Ci (6) (---)
4.4
E-mail address of;
(".c.
I—I In Favor LJ Neutral/Undecided FI Opposed
Submitting written documents as part of testimony? Yes al No
If so, please give a copy to the Recording Secretary for the record.
SUBMIT COMPLETED REQUEST TO
RECORDING SECRETARY BEFORE MEETING BEGINS
ilI
k.INA wAe A
11
e vt..*K S.5
ADJOURN
Deschutes County encourages persons with disabilities to participate in all programs and activities. To
request this information in an alternate format please call (541) 617-4747.
FUTURE MEETINGS:
Additional meeting dates available at www.deschutes.org/meetinocalendar
Meeting dates and times are subject to change. All meetings take place in the Allen Room at 1300 NW Wall St.
Bend unless otherwise indicated. If you have question, please call (541) 388-6572.
Board of Commissioners Business Meeting Agenda
Wednesday, May 2, 2018 Page 3 of 3
-ES
CO
o Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners Business Meeting of Mav 2, 2018
DATE: April 27, 2018
FROM: Dave Inbody, Health Services,
TITLE OF AGENDA ITEM:
Consideration of Letters of Support for Proposed Legislation (42CFR & HIPAA Alignment)
RECOMMENDATION & ACTION REQUESTED:,
Health Services staff will provide requested follow-up information on proposed federal
legislation that impacts the Health Services department; staff will request Commissioners'
consideration of support for the legislation and that letters of support be sent to Representative
Walden, Senator Wyden and Senator Merkley.
ATTENDANCE: Health Services Staff: David Inbody, Administrative Services Deputy
Director; Shannon Vandegriff, Quality & Performance Manager; Kayla Sells, Health Services
Privacy Officer; Nicole Wright, Clinical Information Systems Administrator
SUMMARY: As reported at the April 23 Work Session, Senate Bill 1850 and House Bill 3545
would align 42 CFR, Part 2, regulations with HIPAA regulations about the sharing of substance
use disorder records. Protecting patients' confidentiality is of the utmost importance, however
the outdated nature of current Part 2 regulations imposes a barrier to the coordination of care
for individuals with substance use disorders. Aligning 42 CFR, Part 2, with HIPAA will increase
our ability to provide the best possible care to these individuals.
PARTNERSHIP TO AMEND 42 CFR PART 2
A COALITION OF OVER 40 HEALTH CARE STAKEHOLDERS COMMITTED TO ALIGNING 42
CFR PART 2 (PART 2) WITH HIPAA TO ALLOW APPROPRIATE ACCESS TO PATIENT
INFORMATION THAT IS ESSENTIAL FOR PROVIDING WHOLE -PERSON CARE,
March 21, 2018
The Honorable Markwayne Mullin
United States House of Representatives
1113 Rayburn House Office Building
Washington, DC 20515
Dear Representatives Mullin and Blumenauer:
The Honorable Earl Blumenauer
United States House of Representatives
1111 Longworth House Office Building
Washington, DC 20515
The undersigned members of the Partnership to Amend 42 CFR Part 2 (Partnership) and additional stakeholder
organizations applaud your leadership on the issue of substance use disorder privacy records and strongly support your
bill, the Overdose Prevention and Patient Safety (OPPS) Act, H.R. 3545, to align 42 CFR Part 2 (Part 2) with the Health
Insurance Portability and Accountability Act (HIPAA) for the purposes of health care treatment, payment, and operations
(TPO). We appreciate the provision in your bill that strengthens protections against the use of substance use disorder
records in criminal proceedings.
The Partnership is a coalition of over 40 health care stakeholder organizations committed to aligning Part 2 with HIPAA
to allow appropriate access to patient information that is essential for providing whole -person care.
The federal regulations governing the confidentiality of drug and alcohol treatment and prevention records, Part 2, set
requirements limiting the use and disclosure of patients' substance use records from certain substance use treatment
programs. Obtaining multiple consents from the patient is challenging and creates barriers to whole -person, integrated
approaches to care, which are part of our current health care framework. Part 2 regulations may lead to a doctor
treating a patient and writing prescriptions for opioid pain medication for that individual without knowing the person
has a substance use disorder. Separation of a patient's addiction record from the rest of that person's medical record
creates several problems and hinders patients from receiving safe, effective, high quality substance use treatment and
coordinated care.
We are pleased that your bill would align Part 2 with HIPAA's consent requirements for the purposes of TPO, which will
allow for the appropriate sharing of substance use disorder records to ensure persons with opioid use disorder and
other substance use disorders receive the integrated care they need. Additionally, as we do not want patients with
substance use disorders to be made vulnerable as a result of seeking treatment for addiction, this legislation strengthens
protections of their records.
As you know, the Substance Abuse and Mental Health Services Administration (SAMHSA) released final rules in 2017 and
2018 which take some steps to modernize Part 2, but do not go far enough. Legislative action is also necessary in order
to modify Part 2 and bring substance use records into the 21' Century. We thank you for leading that effort and look
forward to working with you to advance this important bipartisan legislation.
Sincerely,
Academy of Managed Care Pharmacy
American Association on Health and Disability
1325 G STREET NW .SUITE 500 • WASHINGTON, DC 20005 • 202.449.76.58
American Health Information Management Association
American Hospital Association
American Psychiatric Association
American Society of Addiction Medicine
American Society of Anesthesiologists
America's Essential Hospitals
America's Health Insurance Plans
AMGA
Association for Ambulatory Behavioral Healthcare
Association for Behavioral Health and Wellness
Association for Community Affiliated Plans
Blue Cross Blue Shield Association
The Catholic Health Association of the United States
Centerstone
Confidentiality Coalition
Employee Assistance Professionals Association
Global Alliance for Behavioral Health and Social Justice
Hazelden Betty Ford Foundation
Health IT Now
Healthcare Leadership Council
InfoMC
The Joint Commission
The Kennedy Forum
Mental Health America
National Alliance on Mental Illness
National Association of ACOs
National Association of Psychiatric Health Systems
National Association of State Mental Health Program Directors
Netsmart
Otsuka America Pharmaceutical, Inc.
Premier Healthcare Alliance
Smiths Medical
Additional Stakeholder Organizations
Adventist Health
Adventist Health System
Aetna
AnMed Health
Anthem
Ascension
Association of American Medical Colleges
Atlanticare
Atrius Health
Aurora Health
Avera Health
Banner Health
Baptist Healthcare System
Beacon Health Options
East Alabama Medical Center
First Health of the Carolinas
Greater New York Hospital Association
Henry Ford Health System
1325 G STREET NW • SUITE 500 WASHINGTON, OC 20005 202.449.7658
Johns Hopkins Health System
Lehigh Valley Health Network
LifeBridge Health
Marshfield Clinic
Mercy Health
Methodist Health System
Morehouse School of Medicine
Mosaic Life Care Medical Center
Mountain States Health Alliance
New Directions Behavioral Health
PerformCare
SSM Health
St. Joseph's/Candler
Summa Health
Trinity Health
1325 G STREET NW • .SUITE 500 • WASHINGTON, OC 20005 • 202.44.9.7658
April 26, 2018
The Honorable Jeff Merkley
United States Senate
313 Hart Senate Office Building
Washington, DC 20510
Dear Senator Merkley:
On April 24, 2018, the U.S. Senate Committee on Health, Education, Labor and Pensions favorably ordered
the amended Opioid Crisis Response Act of 2018, S. 2680, to the full Senate for consideration. One of the
amendments resulted in the text from the Protecting Jessica Grubb's Legacy Act (The Legacy Act), S. 1580,
being included in S. 2680. Deschutes County strongly supported S. 1850 and requests your support to ensure
this content is retained in S. 2680.
This will enable the patients in our Health Services Department to receive safe, effective, high quality care
and align 42 CFR Part 2 with the Health Insurance Portability and Accountability Act (HIPAA) for the purposes
of health care treatment, payment, and operations (TPO). We appreciate the provision that strengthens
protections against the use of substance use disorder records in criminal proceedings. We believe aligning
Part 2 with HIPAA will allow appropriate access to patient information that is essential for providing whole -
person care.
The federal regulations governing the confidentiality of drug and alcohol treatment and prevention records,
Part 2, set requirements limiting the use and disclosure of patients' substance use records from certain
substance use treatment programs. Obtaining multiple consents from Deschutes County Health Services
patients is challenging and creates barriers to whole -person, integrated approaches to care, which are part
of our current health care framework. Deschutes County, along with other Central Oregon community
healthcare providers, is participating in regional health information exchange and collaboration efforts to
improve the quality, safety, cost, and efficiency of health care. This bill will support and enhance these
efforts.
Part 2 regulations may lead to a doctor treating a patient and writing prescriptions for opioid pain
medication for that individual without knowing the person has a substance use disorder. The regulations
also increase the risk of two treating providers unknowingly prescribing medications or treatment that could
be contraindicated or dangerous and would not have been done if such knowledge was shared. Separation
of a patient's substance use disorder record from the rest of that person's medical record puts client safety
1300 NW Wall St., Bend, Oregon 97703
(541) 388-6570 www.deschutes.ore/bcc
at risk. Providers depend on the accuracy of medical records for safe decision-making. This legislation will
enable our patients to receive safe, effective, high quality substance use treatment and coordinated care.
We are pleased that this bill would align Part 2 with HIPAA's consent requirements for the purposes of TPO,
which will allow for the appropriate sharing of substance use disorder records to ensure persons with opioid
use disorder and other substance use disorders receive the integrated care they need. Additionally, as we do
not want patients with substance use disorders to be made vulnerable as a result of seeking treatment for
addiction, this legislation strengthens protections of their records.
As you know, the Substance Abuse and Mental Health Services Administration (SAMHSA) recently released a
final rule, which takes some steps to modernize Part 2, but it does not go far enough. This legislative action
is necessary in order to modify Part 2 and bring substance use health record management in line with
modern technology. We thank you for your consideration of supporting this important bipartisan legislation.
Sincerely,
BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
PHILIP G. HENDERSON, Vice Chair
TAMMY BANEY, Commissioner
1300 NW Wall St., Bend, Oregon 97703
(541) 388-6570 www.deschutes.org/bcc
April 26, 2018
The Honorable Greg Waiden
United States House of Representatives
2185 Rayburn House Office Building
Washington, DC 20515
Dear Representative Walden:
On April 25, 2018, the U.S. House Committee on Energy and Commerce, through the Subcommittee on
Health, reviewed a number of bills intended to address the opioid crisis. As the chairman of this committee,
we are encouraged by your leadership on this challenging issue. Although the Overdose Prevention and
Patient Safety Act, H.R. 3545, was one of 64 bills identified for markup during the subcommittee meeting,
this bill was not discussed nor forwarded to the full committee. We would request your support for this bill
and ask for your assistance to ensure this bill is included with the other 57 bills for consideration by the full
committee.
Deschutes County strongly supports H.R. 3545. This bill will enable our patients to receive safe, effective,
high quality care and align 42 CFR Part 2 with the Health insurance Portability and Accountability Act (H|PA8)
for the purposes of health care treatment, payment, and operations (TPO). We appreciate the provision in
the bill that strengthens protections against the use of substance use disorder records in criminal
proceedings. We believe aligning Part 2 with HIPAA will allow appropriate access to patient information that
is essential for providing whole -person care.
The federal regulations governing the confidentiality of drug and alcohol treatment and prevention records,
Part 2, set requirements limiting the use and disclosure of patients' substance use records from certain
substance use treatment programs. Obtaining multiple consents from Deschutes County Health Services
patients is challenging and creates barriers to whole -person, integrated approaches to care, which are part
of our current health care framework. Deschutes County, along with other Central Oregon community
healthcare providers, is participating in regional health information exchange and collaboration efforts to
improve the quality, safety, cost, and efficiency of health care. This bill will support and enhance these
efforts.
Part 2 regulations may lead to a doctor treating a patient and writing prescriptions for opioid pain
medication for that individual without knowing the person has a substance use disorder. The regulations
also increase the risk of two treating providers unknowingly prescribing medications or treatment that could
be contraindicated or dangerous and would not have been done if such knowledge was shared. Separation
130ONVVWall St,Bend, Oregon 97703
(A1)383 6570 www.deschutesorg/bcc
of a patient's substance use disorder record from the rest of that person's medical record puts client safety
at risk. Providers depend on the accuracy of medical records for safe decision-making. This legislation will
enable our patients to receive safe, effective, high quality substance use treatment and coordinated care.
We are pleased that this bill would align Part 2 with HIPAA's consent requirements for the purposes of TPO,
which will allow for the appropriate sharing of substance use disorder records to ensure persons with opioid
use disorder and other substance use disorders receive the integrated care they need. Additionally, as we do
not want patients with substance use disorders to be made vulnerable as a result of seeking treatment for
addiction, this legislation strengthens protections of their records.
As you know, the Substance Abuse and Mental Health Services Administration (SAMHSA) recently released a
final rule, which takes some steps to modernize Part 2, but it does not go far enough. This legislative action,
unlike other bills intended to address 42 CFR Part 2 issues, is necessary in order to modify Part 2 and bring
substance use health record management in line with modern technology. We thank you for your
consideration of supporting this important bipartisan legislation.
Sincerely,
BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
PHILIP G. HENDERSON, Vice Chair
TAMMY BANEY, Commissioner
1300 NW Wall St., Bend, Oregon 97703
(541) 388-6570 www.deschutes.or2/bcc
April 26, 2018
The Honorable Ron Wyden
United States Senate
221 Dirksen Senate Office Bldg.
Washington, D.C., 20510
Dear Senator Wyden:
On April 24, 2018, the U.S. Senate Committee on Health, Education, Labor and Pensions favorably ordered
the amended Opioid Crisis Response Act of 2018, S. 2680, to the full Senate for consideration. One of the
amendments resulted in the text from the Protecting Jessica Grubb's Legacy Act (The Legacy Act), S. 1580,
being included in S. 2680. Deschutes County strongly supported S. 1850 and requests your support to ensure
this content is retained in S. 2680.
This will enable the patients in our Health Services Department to receive safe, effective, high quality care
and align 42 CFR Part 2 with the Health Insurance Portability and Accountability Act (HIPAA) for the purposes
of health care treatment, payment, and operations (TPO). We appreciate the provision that strengthens
protections against the use of substance use disorder records in criminal proceedings. believe aligning
Part 2 with HIPAA will allow appropriate access to patient information that is essential for providing whole -
person care.
The federal regulations governing the confidentiality of drug and alcohol treatment and prevention records,
Part 2, set requirements limiting the use and disclosure of patients' substance use records from certain
substance use treatment programs. Obtaining multiple consents from Deschutes County Health Services
patients is challenging and creates barriers to whole -person, integrated approaches to care, which are part
of our current health care framework. Deschutes County, along with other Central Oregon community
healthcare providers, is participating in regional health information exchange and collaboration efforts to
improve the quality, safety, cost, and efficiency of health care. This bill will support and enhance these
efforts.
Part 2 regulations may lead to a doctor treating a patient and writing prescriptions for opioid pain
medication for that individual without knowing the person has a substance use disorder. The regulations
also increase the risk of two treating providers unknowingly prescribing medications or treatment that could
be contraindicated or dangerous and would not have been done if such knowledge was shared. Separation
of a patient's substance use disorder record from the rest of that person's medical record puts client safety
1300 NW Wall St., Bend, Oregon 97703
(541) 388-6570 www.deschutes.org/bcc
at risk. Providers depend on the accuracy of medical records for safe decision-making. This legislation will
enable our patients to receive safe, effective, high quality substance use treatment and coordinated care.
We are pleased that this bill would align Part 2 with HIPAA's consent requirements for the purposes of TPO,
which will allow for the appropriate sharing of substance use disorder records to ensure persons with opioid
use disorder and other substance use disorders receive the integrated care they need. Additionally, as we do
not want patients with substance use disorders to be made vulnerable as a result of seeking treatment for
addiction, this legislation strengthens protections of their records.
As you know, the Substance Abuse and Mental Health Services Administration (SAMHSA) recently released a
final rule, which takes some steps to modernize Part 2, but it does not go far enough. This legislative action
is necessary in order to modify Part 2 and bring substance use health record management in line with
modern technology. We thank you for your consideration of supporting this important bipartisan legislation.
Sincerely,
BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
PHILIP G. HENDERSON, Vice Chair
TAMMY BANEY, Commissioner
1300 NW Wall St., Bend, Oregon 97703
(541) 388-6570 www.deschutes.or2/bcc
Deschutes County Board of Commissioners
1300 NW WaII St, Bend, OR 97703
(541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners Business Meeting of May 2, 2018
DATE:
FROM: Erik Kropp, Administrative Services, 541-388-6584
TITLE OF AGENDA ITEM:
Consideration to Rescind Administrative Policy GA -13, Law Library After Hours Access
RECOMMENDATION & ACTION REQUESTED:
Board approval to rescind Administrative Policy GA -13, Law Library After Hours Access
CONTRACTOR: N/A
AGREEMENT TIMEFRAME: Starting Date: Ending Date:
INSURANCE:
Insurance Certificate Required: No
Insurance Review Required by Risk Management: No
BACKGROUND AND POLICY IMPLICATIONS:
IONS:
Deschutes County Administrative Policy No. GA -13 is a policy regulating Law Library after
hour access. GA -13 (attached) allows attorneys who are licensed and in good standing have
access to the County Law Library at times other than the posted weekday access. This policy
is no longer applicable since Deschutes County no longer operates a law library. Instead,
Deschutes County contracts law library services through the Deschutes Public Library.
FISCAL IMPLICATIONS: None
ATTENDANCE: Erik Kropp, Deputy County Administrator
Deschutes County Administrative Policy No. GA -13
Effective Date: September 27, 2006
LAW LIBRARY AFTER HOURS ACCESS
STATEMENT OF POLICY
It is the policy of Deschutes County to allow attorneys who are licensed and in good
standing with the Oregon State Bar or the State in which they practice to have access to
the County Law Library at times other than the posted weekday access ("after hours
access").
APPLICABILITY,
This policy applies to all attorneys desiring after hours access to the Deschutes County
Law Library.
POLICY AND PROCEDURES
The following procedures shall be followed in providing Deschutes County Law Library
after hours access:
1. A person desiring after hours access shall submit to the Law Librarian written proof,
on a form approved by the Law Librarian and the Deschutes County Legal Counsel, that
the person is an attorney, licensed to practice in the State of Oregon and in good standing
with the Oregon State Bar. Such form is subject to amendment without notice.
2. The Law Librarian shall verify the information submitted by the person desiring after
hours access.
3. Upon verification of Applicant's information, the Law Librarian shall issue an
electronic key that will unlock the Law Library doors to the attorney upon payment to the
Law Library of an electronic key fee as set forth in the Deschutes County fee schedule.
4. The electronic key shall be deactivated after six (6) months of non-use for all
attorneys whose principal office and residence are not in Deschutes, Crook, or Jefferson
counties. The electronic key may be reactivated only upon the submittal of a new
application and fee.
5. The Law Librarian shall keep a record of all persons to whom an electronic key has
been issued.
6. The attorney to whom an electronic key is issued shall notify the Law Librarian of
any change in address, phone number or bar standing. Failure to do so may result in the
deactivation of the electronic key that may be reactivated only upon submission of a new
application and fee.
Policy # GA -13, Law Library After Hours Access Page 1
7. The county may charge a fee for the initial issuance or, if necessary, re -issuance of a
key. The fee shall be established by the Board of Commissioners as part of the annual
adoption of the County fee schedule.
8. If an attorney allows another person to use the electronic key or permits someone else
to enter the building/library while using the electronic key, that attorney will be liable for
any damages or actions that resulted from another person's entry and, if any damage,
County Code, County policy or State law violation, the electronic key shall be subject to
deactivation.
9. No weapons are allowed. No person except a peace officer shall possess in this
facility a firearm or weapon (weapon as defined on ORS 161.016 and 166.240). Persons
and property may be subject to search to enforce compliance with this rule.
10. If the attorney loses the electronic key issued to that attorney, the attorney must
submit a new application and fee in order to be issued a new electronic key.
11. Removal, destruction or defacement of library materials, furniture or equipment is
prohibited and will result in the deactivation of the attorney's electronic key.
12. Violation of County Code, County Policy or State law may, at the County's
discretion, result in the deactivation of the attorney's electronic key
13. Smoking, alcoholic beverages or controlled substances anywhere in the building are
prohibited.
14. All users must sign an acknowledgement and agreement to adhere to this policy.
15. Nothing in this policy provides the holder of an electronic key with a property right.
Approved by the Deschutes County Board of Commissioners September 27, 2006
Dave Kanner
County Administrator
Policy # GA -13, Law Library After Hours Access
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