This week started with me speaking with a family member of one of my patients in tears because she was hospitalized for pneumonia related to Covid-19. Due to previous health conditions including a traumatic brain injury from a car accident she would not do well on a ventilator. She is communicating with her family members via phone and video but they are unable to be with her physically because of the risk to themselves. Over the past few years the patient, her family and I have had multiple conversations about their goals of care but that has not made the situation any easier.

No one should have to be alone when they’re sick, but patients and their families must make this painful sacrifice to curb the spread of Covid-19. That’s why SB 1606, which I was proud to carry on the House floor, is so important (see video). And while vulnerable patients will now be able to have someone with them, it doesn't remove the dangerous risk it poses and why many family members still will choose to not visit.

In the last two weeks, I found myself feeling the urge to “go back to normal;” like going to the supermarket for a few items or meeting someone for coffee. But the reality is that we are far from done with social restrictions. That means virtual meetings only and take out and supporting local stores by wearing masks and online shopping.

I miss so many things about life in the Pacific Northwest. I’ll miss camping this summer and coastal trips but I owe it to my vulnerable patients and their families to be responsible in this time and be safe for them. I also wish I could be door knocking and talking to my constituents about what issues are most important to them, but instead I’m calling them. I wish I could be making in-person, face to face visits with patients, holding their hand and hugging them.

I know how hard it is to make this sacrifice, but as a community we have no choice but to come together to protect each other. We must take immediate action to stop the spread of COVID-19 and ensure that we can provide complex medical care needs to our sick community members.

This is just one of the many reasons why I support the governor's decision to require face coverings in indoor public places in ALL counties, effective 7/1. We can and must reduce the spread of this disease.

I do not want to see businesses close again like in other states. If you want your local shops and restaurants to stay open, then please wear a face covering when out in public. It's up to all of us what happens next. Another spike could put Oregon in a dangerous position of overwhelming our hospitals within weeks. Please think carefully as we move into the next surge of COVID-19. 

July 4th Weekend

I’m feeling a combination of concern and confidence going into this holiday weekend. Concern because we are seeing more people getting sick. Confidence that Oregonians will continue to step up and take care of each other.

It is important that we all think about how we can keep each other safe. Our July 4th plans will have to be smaller and more local than last year. We have to wear masks. We have to keep safe distances from one another. If we don’t take these precautions, we may very well go backwards on reopening our economy and I know no one wants that.

The upcoming holiday weekend comes at a critical moment in our fight against the coronavirus. Oregon saw an uptick in cases after the Memorial Day weekend and we are hoping we don’t see a repeat following 4th of July. It’s important to make good choices about how we socialize and how we travel. Please keep your celebrations as small and as local as possible.

Each of us can make a difference in stabilizing the infection rate. Ask yourself how you can reduce risk to the people around you. Remember these things:

• Stay 6 feet away from other people.

• Wear a mask.

• Avoid large gatherings, and if you are in a group setting - like a holiday barbeque - stay outside, keep your distance and use a face covering when you’re not eating.

• Wash your hands frequently.

• Stay home if you’re sick.

The simple things we’ve been doing for weeks will get us through. Let’s stay the course!

Special Session

Last week the Oregon Legislature adjourned its first special session of 2020. We donned face coverings, maintained physical distance, offered virtual public testimony and passed a series of bills that respond to some of the state’s most urgent needs. I spent most of the time watching the special committee meetings and floor session from my office and walking to the third floor gallery to cast my vote. I was on the floor once to carry a bill that will protect Oregonians with disabilities. In the end, we passed legislation focused on police accountability and made significant progress in protecting struggling families from the financial impacts of the COVID-19 pandemic. Here are some highlights of the bills approved in the three-day special session:
 

Housing Protections

Extending the moratorium on both commercial and residential no-cause evictions through September 30th and creating a six-month repayment grace period after the moratorium ends for tenants to repay their back rent accrued during the moratorium.

Protecting residential and commercial mortgage payers from foreclosure by deferring payments until September 30th if a borrower is unable to pay due to the COVID-19 pandemic. Deferred payments would be due at the end of the loan, unless the borrower and lenders determine alternate, agreeable terms.

Police Accountability

Choke Holds - Declaring that a police officer is not justified or reasonable in any circumstance to use physical force that impedes “the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person” unless it is a circumstance in which an officer may use deadly force. Rules will be adopted prohibiting the training of this force, except as a defensive maneuver.

Duty to Report and Intervene - Requiring police officers to intervene to prevent or stop another officer from engaging in an act they know, or should reasonably know is misconduct. The bill requires the officer to report the misconduct as soon as possible, but no later than 72 hours after the misconduct. Failure to report is grounds for discipline.

Transparency of Discipline Records - Requiring the Oregon Department of Public Safety Standards and Training (DPSST) to establish a statewide online public database of records for officers whose certification has been revoked or suspended and specifies the information to be provided as well as timeline for posting. Law enforcement agencies are required to request and review an applicant's personnel files if the applicant currently or previously worked at another law enforcement agency.

Tear Gas - Prohibiting law enforcement agencies from using tear gas for crowd control, except for circumstances that meet the definition of a riot. Before using tear gas in the event of a riot, law enforcement must announce their intent to use tear gas, allow enough time for individuals to evacuate the area, and announce for a second time that they intend to use tear gas.

Upholding Discipline - Under current processes, when an internal investigation finds misconduct of a police officer, a department applies a discipline guide. In response, the officer has the option to grieve the decision all the way to arbitration. The arbitrator has the power to either disagree with the finding, agree with the finding and uphold the discipline, or agree with the decision but substitute a different discipline. Under this bill, if the arbitrator agrees misconduct occurred, they must impose the discipline required by the matrix.

More Reforms - Creating a Joint Committee on Transparent Policing and Use of Force Reform to continue making progress on police reform, with recommendations due by December 31st. The committee is directed to do the following: examine policies to improve transparency in investigations and complaints regarding use of force by police officers; increase transparency in police protocols and process to build public trust; examine policies that reduce the prevalence of serious physical injury or death caused by use of force, the authorization of use of force under state law, and the disparate impact on communities of color; and determine most appropriate policy for independent review of deadly force.

Other Urgent Needs

Drivers’ License Immunity: Because of the backlog at the DMV, preventing citations from being issued for expired driver licenses, permits, and vehicle registrations and further directs courts to dismiss any citation for specified offenses between March 1, 2020 and December 31, 2020.

Protection for People with Disabilities: This bill guarantees Oregonians with disabilities have access to at least one chosen family member or caregiver at all times while in hospital. The bill also ensures that no Oregonian will be told their access to care is conditioned upon completing or not completing an advance directive, a POLST or DNR without negatively impacting those who desire to have a conversation about or have chosen compassionate end of life care.

Safe public meetings: Allows local governments and other public bodies to hold virtual meetings so they can continue to provide essential services and make decisions in a public and transparent manner, while preventing the spread of COVID-19 and protecting public health. The language specifies notice, quorum, social distancing, and recording requirements.

Broadband Fund: Supports projects for planning or developing broadband service infrastructure, and for the administration of the Oregon Broadband Office. It will boost broadband internet now and into the future for rural communities, supporting individuals and small businesses. Broadband is vital for our physical, social, economic and physical health and this bill will improve access to remote work opportunities, online learning, and health appointments.

CARES Act payment protection: Protects vulnerable Oregonians who receive CARES Act Recovery Rebate payments having portions of those payments withheld, so all relief money can be used to pay for essential needs like housing, food and medical needs. Payments are protected until September 30, 2020.

Oregon Employment Department

Our office continues to take calls and support Oregonians in getting their unemployment checks.  And while we are hearing success stories daily with constituents getting 14 weeks back pay, this process is infuriating and is not okay. Like you, I’m frustrated.  I sent an email to the Oregon Employment Department asking the following questions (replies in bold.) 

1. I understand each PUA claim, according to a federal requirement, must be checked to ensure the claimant is not eligible for traditional UI. This is time consuming and a large portion of the initial delay. Second, in addition to each PUA claim being manually entered there is an additional weekly PUA claim manual entry in order to be paid out each week. I believe this is the Google automation piece OED has been waiting to roll out. Does this mean OED will be manually entering all approved PUA claims each week until we have the Google component? What, if anything, can be done at the federal or state level to ease the requirements and possibly speed the process? What is the current timeline on the google automation piece? 
   
   Yes, until the Google automation work is done, we have to do some manual work for every week of PUA benefits claimed. States have questioned the US Department of Labor about this need for weekly claims, and they have very clearly indicated that UI, and PUA, are programs based on weekly eligibility requirements, so I believe without a federal statutory change, this is work that we just have to get done. We are moving as quickly as we can with the automation piece, and anticipate it being live in the first half of July – so within the next few weeks, although we are doing what we can to speed that up.

2. Why is PUA qualifying information based on net income but weekly reporting based on gross income?
   
   The net income and gross income question is one we are getting a lot. We believe it is required by federal law, as set out below. While the use of net income for initial eligibility for PUA is consistent across states, there are some states that are not using gross income in weekly reporting as Oregon an most other states are. We believe the approach we are taking is required by federal law, but have asked the U.S. Department of Labor if there are ways to comply with federal requirements using a different approach. While we have not yet heard back, I anticipated some additional guidance will issue within the next couple of weeks. The requirement about net income is set out in the U.S. Department of Labor’s Unemployment Insurance Program Letter.  This guidance reflects the federal laws. The PUA program, except where the CARES Act specifically supersedes it, is to be operated like the Disaster Unemployment Assistance (DUA) program. 

3. Why have the documents changed for proof of income? Many Oregonians have not filed their taxes given there was an extension (and they were told they didn’t need to) as well as not having money to file.
   
   From the [OED] website: What documentation will I need to show my previous income?
   
   We will establish your claim at the minimum amount of $205 per week without proof of income. However, you should still gather and keep your documentation in case your claim is audited. If you wish to have us evaluate your income to increase your benefit amount, you will need to submit proof of your earnings for your most recently completed tax year, such as:
   
   • 2019 Business tax return showing your net income
   • 2019 pay stubs
   • 2019 W-2
   
   In terms of documentation of earnings, it is different for PUA than for regular UI. For regular UI benefits, it is based on earnings that are reported to the Department on employers’ quarterly payroll reports. For PUA, self-employed people do not have their earnings reported to us. Federal regulations and guidance talk about the documentation needed for states to verify someone’s earnings in order to support a benefit amount more than the minimum. If someone is eligible for PUA but has no documentation of earnings, we can and do still give them PUA benefits, but it is at the minimum PUA weekly benefit amount of $205. We know that some people have not filed their taxes, and are reviewing other documentation people provide to see if is sufficient to show they are eligible for a higher benefit amount. The documents we listed are the most common ones we see and are the easiest for us to use to verify actual benefit eligibility amounts.

After the above responses, I followed up with Senators Merkley and Wyden who reported they are putting pressure on the U.S  Department of Labor to provide additional guidance to our Employment Department. This Q&A information may be helpful or may be more frustrating but I want to share all the info I am getting. 

Finally, I also asked our U.S. Senators  if something can be done to drop penalties for late federal payments on taxes, given the current OED late / missing / low payments. Stay Tuned.

In an effort to answer your questions around regular unemployment benefits, OED will be hosting another Zoom webinar with  program experts on July 2, at 12:30 p.m. They will talk through the key parts of filing regular unemployment claims in COVID-19 situations. We'll also discuss the most common reasons some regular unemployment claims have longer delays before payment. The attendees will be able to ask questions through the Zoom chat feature.

Register in advance through this link: https://bit.ly/OR_REGUI_Webinar 

Once registered, you should receive a confirmation email. Please note they only have 500 spots for this webinar. If you are unable to attend, they will post a recording of the webinar afterward on Facebook, Twitter, and our website.

Please email me if you have specific concerns. Our office will do all we can to help and protect all Oregonians. 

For up-to-date Covid 19 information from the Oregon Health Authority, please check this link 

Governor Brown’s COVID-19 Resource page. 

If you want to follow Up-to-date statistics from the Oregon Health Authority for case counts, testing counts, breakdowns by geography, demographic, and hospitalization information go here. Under the first dropdown, “COVID-19 Cases in Oregon” there is a daily update with more information, linked just below the total test results:

Thank you for reading! We will get through this together.       

Sincerely,

 Rachel Prusak