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Oregon GOP legislators introduce bill to end Measure 110

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Oregon GOP legislators introduce bill to end Measure 110


PORTLAND Ore. (KPTV) – Oregon House Republicans introduced legislation Thursday to repeal the voter-approved Measure 110 which reduced criminal penalties for people caught with small amounts of illegal drugs in the state.

The chief sponsors of the bill are Rep. Rick Lewis (R-Silverton), Republican House Leader Jeff Helfrich (R-Hood River), Rep. Tracy Cramer (R-Gervais), Rep. Kevin Mannix (R-Salem), Rep. Ed Diehl (R-Stayton) and Rep. Christine Goodwin (R-Canyonville).

Measure 110 audit finds serious lack of accountability, slow rollout of services

Sponsor Rep. Lewis said the bill is in response to a failure of Measure 110.

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“Change is needed, and we can’t afford to take small steps that fail to adequately address the problem,” Lewis said. “We filed the bill today. A great deal of thought has gone into it, and we have the opportunity to do the right thing for Oregon, for public safety, and for the drug addicted. The bill creates accountability, but it also provides the tools and the resources needed to get us on the road to recovery. We cannot wait any longer.”

In a statement released by the American Civil Liberties Union of Oregon on behalf of Oregonians for Safety & Recovery about the push to end Measure 110, the ACLU said fighting drugs with jail and prison only increased the state’s prison population.

“We’ve squandered billions of tax dollars on the criminal system every year,” the ACLU said in their statement. “But it’s never enough. This year, state lawmakers increased funding for public defense by more than $100 million; yet too many Oregonians still cannot access a defense attorney, destabilizing the entire system. Criminalization of drug addiction will further siphon limited taxpayer dollars away from housing, addiction services, education, poverty reduction, economic growth, and neighborhood clean up and stabilization efforts.”

Audit finds treatment providers slow to roll out Measure 110 money in Oregon

The new bill classifies illicit possession of all drugs from Schedule I to Schedule IV, including fentanyl, heroin, cocaine and meth to a Class A misdemeanor and imposes jail time, fines and/or mandated time in treatment.

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Under Measure 110, possession for personal use was reduced to a Class E violation and allowed people charged with the violation, instead of paying a $100 fine, to complete a health assessment. People caught with more than personal-use quantities of specific drugs and having felony convictions still faced Class C felonies or Class A misdemeanor charges.

Before voters passed Measure 110 in 2020, possession for personal use of Schedule IV drugs was a Class C misdemeanor. Under the new bill, IV drug possession would also be a Class A misdemeanor.

Coalition files ballot initiative for changes to Oregon’s Measure 110

The bill would also make using illegal drugs in an open or enclosed public space a Class A misdemeanor. If the person has a prior conviction of this, the charge would be increased to a Class C felony.

Under Section 34 of the new bill, “delivery of a controlled substance that results in the death of another person from the use of the controlled substance is a Class A felony.”

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Section 42 stipulates that anyone charged with a drug-related misdemeanor be evaluated for drug dependence. If ordered, the state will be required to fund the costs of the evaluation and treatment, but the court may also assess fees from the person to offset costs.

However, defendants would only be eligible for a treatment diversion agreement if they are not facing any other charges, have not already participated in a diversion drug treatment program within the previous year or have several other drug-related charges or convictions on their record.

Rep. Diehl says the bill incentivizes people to seek treatment and supports them in recovery.

“There is dignity in each individual human being,” Diehl said. “This is the compassionate thing to do for those suffering from drug addiction and for all Oregon communities.”

Also in their statement, the ACLU states that Oregon is currently only meeting 50% of the demand for addiction treatment.

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“People are lining up daily for detox in downtown Portland only to be turned away,” the ACLU said. “People cannot access treatment when they need it across our state.”

Oregon delegation shares what they learned on trip to Portugal in relation to Measure 110

Also new to the bill is a grant program for teams that respond to opioid overdose reports, which, they state, an “opioid overdose rapid response team may consist of a peace officer, a firefighter or emergency medical technician, a peer recovery mentor and a treatment professional.”

Neither the bill nor the accompanying statements by legislators address whether people will avoid calling for help if they face being charged with a Class A misdemeanor after law enforcement officers arrive.

The bill would take funding oversight from the Oregon Health Authority and Oversight and Accountability Council to the Alcohol and Drug Policy Commission, and removes language that allows for any surplus money in the Drug Treatment and Recovery Services Fund be used for such things as transitional and supportive housing, harm reduction services and low-barrier substance use treatment.

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Addiction clinic in NE Portland says Measure 110 funds allow them to help more people

Rep. Goodwin says Measure 110 is “sucking the life” from Oregon communities.

“They’re overrun with drugs, crime, and homelessness,” Goodwin said. “People do not feel safe. Businesses are leaving. People are afraid to do business in our state. We must change direction, and this bill begins to put us on the right track.”

The ACLU says the way forward for communities is to not return to the “known failures” of the war on drugs.

“The state legislature must invest in proven strategies that will reduce and prevent addiction, reduce homelessness, and improve public safety,” the ACLU said. “We are calling on the legislature to stop pursuing criminalization tactics that we all know will not work. Lawmakers must stop making false promises to Oregonians that will only further harm the most vulnerable Oregonians. Instead, lawmakers must embrace immediate actions that will get people into housing and treatment now and make all of our communities more safe.”

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Oregon superintendents ask for support as statewide cuts loom – KOBI-TV NBC5 / KOTI-TV NBC2

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Oregon superintendents ask for support as statewide cuts loom – KOBI-TV NBC5 / KOTI-TV NBC2





Oregon superintendents ask for support as statewide cuts loom – KOBI-TV NBC5 / KOTI-TV NBC2


































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Wetter conditions seen across Northwest as wildfire season approaches

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Wetter conditions seen across Northwest as wildfire season approaches


In this photo dated May 4, 2024, a Union hotshot watches the effects of a firing operation on the Little Yamsay Fire in Klamath County, Ore. Crews are managing the naturally occurring fire for forest health and fuels reduction.

Courtesy of Fremont-Winema National Forest / InciWeb

A forestry official says the 2024 Oregon wildfire season looks to be a moderate one so far.

Al De Vos is a public information officer with the Oregon Department of Forestry’s Incident Management Team 2. He told KLCC that at this point, the outlook between now and late June is fairly decent across Oregon, Washington and northern California.

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“We’re looking pretty well in terms of snowpack and precipitation and whatnot,” said De Vos. “But a couple months in, there’s certain areas that are a little more on the dry side.”

De Vos said come summer, fire managers be doing weekly outlooks. He added that even in damp conditions, all it takes is a few days of sustained easterly winds to dry out terrain and make it susceptible to fire.

“So even though we have non-drought or normal precipitation conditions there are still fire risks out there,” he said.

Officials say it will be essential for campers to thoroughly put out their fires and abide by burning bans enacted by counties once the weather gets warmer.

One incident has already been reported this year in Oregon: the Little Yamsay Fire in Klamath County, though fire managers say the blaze is under control and is now being used as a prescribed burn.

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Increasingly warm and dry conditions have been recorded through many parts of the Pacific Northwest in recent years. A particularly damp and heavy winter has helped alleviate drought conditions in many areas of Oregon.



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Biden team’s tightrope: reining in rogue Obamacare agents without slowing enrollment • Oregon Capital Chronicle

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Biden team’s tightrope: reining in rogue Obamacare agents without slowing enrollment • Oregon Capital Chronicle


President Joe Biden counts among his accomplishments the record-high number of people, more than 21 million, who enrolled in Obamacare plans this year. Behind the scenes, however, federal regulators are contending with a problem that affects people’s coverage: rogue brokers who have signed people up for Affordable Care Act plans, or switched them into new ones, without their permission.

Fighting the problem presents tension for the administration: how to thwart the bad actors without affecting ACA sign-ups.

Complaints about these unauthorized changes — which can cause affected policyholders to lose access to medical care, pay higher deductibles or even incur surprise tax bills — rose sharply in recent months, according to brokers who contacted KFF Health News and federal workers who asked not to be identified.

Ronnell Nolan, president and CEO of the trade association Health Agents for America, said her group has suggested to the Centers for Medicare & Medicaid Services that it add two-factor authentication to healthcare.gov or send text alerts to consumers if an agent tries to access their accounts. But the agency told her it doesn’t always have up-to-date contact information.

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“We’ve given them a whole host of ideas,” she said. “They say, ‘Be careful what you wish for.’ But we don’t mind going an extra step if you can stop this fraud and abuse, because clients are being hurt.”

Some consumers are pursued when they respond to misleading social media marketing ads promising government subsidies, but most have no idea how they fell victim to plan-switching. Problems seem concentrated in the 32 states using the federal exchange.

Federal regulators have declined to say how many complaints about unauthorized sign-ups or plan switches they’ve received, or how many insurance agents they’ve sanctioned as a result. But the problem is big enough that CMS says it’s working on technological and regulatory solutions. Affected consumers and agents have filed a civil lawsuit in federal district court in Florida against private-sector firms allegedly involved in unauthorized switching schemes.

Biden has pushed hard to make permanent the enhanced subsidies first put in place during the covid pandemic that, along with other steps including increased federal funding for outreach, helped fuel the strong enrollment growth. Biden contrasts his support for the ACA with the stance of former President Donald Trump, who supported attempts to repeal most of the law and presided over funding cuts and declining enrollment.

Most proposed solutions to the rogue-agent problem involve making it more difficult for agents to access policyholder information or requiring wider use of identity questions tied to enrollees’ credit history. The latter could be stumbling blocks for low-income people or those with limited financial records, said Sabrina Corlette, co-director of the Center on Health Insurance Reforms at Georgetown University.

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“That is the knife edge the administration has to walk,” said Corlette, “protecting consumers from fraudulent behavior while at the same time making sure there aren’t too many barriers.”

Jeff Wu, acting director of the Center for Consumer Information & Insurance Oversight, said in a statement that the agency is evaluating options on such factors as how effective they would be, their impact on consumers’ ability to enroll, and how fast they could be implemented.

The agency is also working closely, he wrote, with insurance companies, state insurance departments, and law enforcement “so that agents violating CMS rules or committing fraud face consequences.” And it is reaching out to states that run their own ACA markets for ideas.

That’s because Washington, D.C., and the 18 states that run their own ACA marketplaces have reported far fewer complaints about unauthorized enrollment and plan-switching. Most include layers of security in addition to those the federal marketplace has in place — some use two-factor authentication — before agents can access policyholder information.

California, for example, allows consumers to designate an agent and to “log in and add or remove an agent at will,” said Robert Kingston, interim director of outreach and sales for Covered California, the state’s ACA marketplace. The state can also send consumers a one-time passcode to share with an agent of their choice. Consumers in Colorado and Pennsylvania can similarly designate specific agents to access their accounts.

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By contrast, agents can more easily access policyholder information when using private-sector websites that link them to the federal ACA market — all they need is a person’s name, date of birth, and state of residence — to enroll them or switch their coverage.

CMS has approved dozens of such “enhanced direct enrollment” websites run by private companies, which are designed to make it easier and faster for agents certified to offer insurance through healthcare.gov.

Rules went into effect last June requiring agents to get written or recorded consent from clients before enrolling them or changing their coverage, but brokers say they’re rarely asked to produce the documentation. If CMS makes changes to healthcare.gov — such as adding passcodes, as California has — it would need to require all alternative-enrollment partners to do the same.

The largest is San Francisco-based HealthSherpa, which assisted 52% of active enrollments nationally for this year, said CEO George Kalogeropoulos.

The company has a 10-person fraud investigation team, he said, which has seen “a significant spike in concerns about unauthorized switching.” They report problems to state insurance departments, insurance carriers, and federal regulators “and refer consumers to advocates on our team to make sure their plans are corrected.”

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Solutions must be “targeted,” he said. “The issue with some of the solutions proposed is it negatively impacts the ability of all consumers to get enrolled.”

Most people who sign up for ACA plans are aided by agents or platforms like HealthSherpa, rather than doing it themselves or seeking help from nonprofit organizations. Brokers don’t charge consumers; instead, they receive commissions from insurers participating in state and federal marketplaces for each person they enroll in a plan.

While California officials say their additional layers of authentication have not noticeably affected enrollment numbers, the state’s recent enrollment growth has been slower than in states served by healthcare.gov.

Still, Covered California’s Kingston pointed to a decreased number of uninsured people in the state. In 2014, when much of the ACA was implemented, 12.5% of Californians were uninsured, falling to 6.5% in 2022, according to data compiled by KFF. That year, the share of people uninsured nationwide was 8%.

Corlette said insurers have a role to play, as do states and CMS.

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“Are there algorithms that can say, ‘This is a broker with outlier behavior’?” Insurance companies could then withhold commissions “until they can figure it out,” she said.

Kelley Schultz, vice president of commercial policy at AHIP, the trade association for large insurance companies, said sharing more information from the government marketplace about which policies are being switched could help insurers spot patterns.

CMS could also set limits on plan switches, as there is generally no legitimate need for multiple changes in a given month, Schultz said.

KFF Health News is a national newsroom that produces in-depth journalism about health issues and is one of the core operating programs at KFF—an independent source of health policy research, polling, and journalism. Learn more about KFF.

 

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