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Development of a HIPAA preemption analysis for Oregon has been a
collaborative process. The 2001 Legislative Assembly formed the Advisory
Committee on Privacy of Medical Information and charged this group with
determining how Oregon law must change to reflect the new HIPAA privacy
regulations. The Advisory Committee was assisted by a group of Oregon lawyers
who formed a medical privacy subcommittee of the Oregon State Bar Health Law
Section. Chaired by Kelly Hagan, J.D., this group analyzed Oregon statutes that
appeared to implicate the use or disclosure of protected health information. The
product of these analyses are templates focusing on different areas of Oregon
law, and analyzing each statute and section for HIPAA preemption issues.
The Subcommittee on Medical Privacy presented its analyses to the Advisory Committee. This committee then used the analyses, as well as recommendations from committee members, to develop legislation amending or repealing Oregon law as necessary to reflect HIPAA preemption.
Attorneys participating in the Oregon State Bar Health Law Section subcommittee include Kelly Hagan, Gwen Dayton, Paul Frisch, Penny Davis, Mark Bonanno, Robert Thomson, Ted Falk, Anne Greer, Molly Burns-Herrman, Robert Joondeph and Steve Conklin. All gave greatly of their time and talents.
Oregon HIPAA Legislation
The changes to Oregon law recommended by the Advisory Committee on Privacy of Medical Information are found in HB 2305, HB 2306, HB 2307, HB 2308 and HB 2309. Readers must remember that these bills are subject to amendment throughout the legislative process. These bills may be accessed at: www.oregon.gov
Summary of HIPAA Preemption of Oregon Law
For a summary of the proposed changes to Oregon law and highlighted areas of Oregon law after the HIPAA privacy regulations are implemented, click here.
Templates Analyzing Oregon Law
These templates are provided to assist healthcare providers in complying with Oregon law and the HIPAA privacy regulations. The information on this site is provided solely for general instructional purposes and does not create a business or professional services relationship. While all reasonable attempts are made to ensure the accuracy and timeliness of all information, neither the Oregon Association of Hospitals and Health Systems, its members, the Oregon State Bar nor any individual author of any template make any express or implied representations or warranties about the accuracy or timeliness of this information for any purpose or the suitability of this information for use. The information is provided with the understanding that neither the Oregon Association of Hospitals and Health Systems, its members, the Oregon State Bar nor any individual author is engaged in rendering legal or other professional services.
Conclusions expressed in individual templates do not necessarily reflect the views of all members of the Health Law Section Subcommittee on Medical Privacy or the Advisory Committee on Privacy of Medical Information.
 Core Confidentiality Statutes (ORS 192.525 and ORS 179.505)
Reports to the State and Other Authorities
Child Welfare and Juvenile Justice
Oregon Rules of Civil Procedure
Abuse Reporting/Guardianship/Conservatorship/Healthcare Decisions
Professional Licensing Statutes
Death and Dying Laws
Facility Licensure, Certification, Enforcement, Schools Generally
Minors and Civil Rights
Insurance Code
Sensitive Records
Civil Commitment and Related Matters
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