June 28th COVID-19 Update

Michael Dembrow

June 28, 2020

Dear Neighbors and Friends:

I hope that you and your loved ones are doing well, staying healthy, and looking out for your neighbors and friends.

Since it’s the weekend, today’s newsletter will not include all of the reporting metrics that are included during the week.  OHA is no longer issuing full data reports on Saturdays and Sundays. 

As a result of the modified reporting, you won’t see any information regarding hospitalizations or specific breakout for positive test results (positive tests are combined with “presumptive positive” cases for today’s total positive cases.).  So please consider the data for today provisional for now.  Monday’s report will include updated test results and hospitalization information. 

What we can see clearly is that infections remain high, with hotspots in the Metro area and in various locations around the state.  Fortunately, we don’t see any recorded deaths today.

As I do on Sundays, I’m also including more detailed information about how the disease is affecting Oregonians of different ages.  You’ll see that COVID is continuing to be increasingly contagious among younger people, many of whom are becoming seriously ill enough to require hospitalization.  It’s much more likely, however, that they will eventually recover from the disease.  Death from the disease remains largely reserved for those over the age of sixty, who constitute three-fourths of the deaths in Oregon.

In this newsletter you’ll also find an explanation of the newly-passed Coronavirus Response bill, HB 4212. 

TODAY’S CORONAVIRUS AND CORONAVIRUS RESPONSE UPDATE

  • Positive Cases: OHA reports today that 247 additional Oregonians have tested positive or are presumed positive.  The cumulative total for those testing positive and presumed positive is now 8,341.
  • Total Tests: The cumulative total number of positive cases and negative tests in Oregon is now 231,658, an increase of 4,035.
  • Ratio: The percentage of positive results for today is 6.1%. (This includes the new presumptive positives, so the test ratio alone is likely lower.) The national percentage is 7.2%.  See below for a graph showing Oregon’s daily percentage changes over the last 14 days. 
  • Deaths: I’m happy to report 0 additional deaths due to the coronavirus today.  The total number of deaths in Oregon remains at 202.
  • Hospitalized: OHA does not report on new hospitalizations over the weekend. The cumulative total of those who’ve been hospitalized for COVID-19 thus remains at 1,022.
  • Presumptive Cases: OHA is now including “presumptive COVID-19 cases” in its daily reports, consistent with recently amended guidance from the Centers for Disease Control and Prevention. A presumptive case is someone who does not yet have a positive PCR test result but is showing symptoms and has had close contact with a confirmed case. If they later test positive by PCR, those will be recategorized as confirmed cases.  
  • Other Hospital Information: Since OHA does not report on hospitalization during the weekend, the numbers below remain the same as Friday’s.
    • Patients Currently w COVID-19 Symptoms (who may or may not have received a positive test result yet): 149 (40 fewer than yesterday). Of those, 98 have already received a positive test back.
    • Available ICU Beds: 154 (4 more than yesterday).
    • Other Available Beds: 688 (6 more than yesterday).
    • ICU Patients w COVID-19 Symptoms: 53 (7 fewer than yesterday).
    • COVID-19 Patients Currently on Ventilators: 35 (six more than yesterday).
    • Available Ventilators: 785 (1 fewer than yesterday).
  • Dashboards
  • Today’s National Numbers:
  • PPE:

So What Did We Pass?

Now that the Special Session is over, I’d like to use the next few newsletters to explain the details of some of the bills that were passed and the reasoning behind them.  I’ll start with those that were directly related to Coronavirus response.

As you know, as has generally been the case in other states, the Governor chose to use her executive authority to marshal the state’s response to the pandemic, issuing executive orders on a number of critical fronts.  She received pushback from some quarters, including lawsuits, where it was argued that some of these emergency orders required legislative action.  Part of the reason for her calling us into session was to give her that confirmation, which we did.  Plus, we added important elements of our own.  All of the Coronavirus-response bills actually passed with some degree of bipartisan support. 

Today I’ll summarize HB 4212, the “Omnibus Coronavirus Response Bill,” which packaged together elements from a number of the executive orders.  This one passed nearly unanimously.  Here are its major policy directives:

  • Allows local governments to meet remotely during the pandemic, but requires them to provide robust mechanisms for public input and testimony.
  • Protects CARES Act “stimulus” payments from garnishment until September 30.
  • Extends timelines for judicial proceedings. It has been very difficult for Oregon to hold jury trials during the pandemic, but unlike many other states, it has to some extent.  There’s a balancing act between what’s safe and feasible and a defendant’s right to a speedy trial (in Oregon that means within 180 days), especially in criminal cases where the defendant is being detained in jail without an ability to post bail.  Earlier in the pandemic, the Supreme Court Chief Justice issued an order providing some flexibility to the courts.  HB 4212 continues that flexibility but sets a limit of 60 days beyond the 180 days that is required under current statute, but only during or just after the emergency and only if certain conditions are met.  It also provides more flexibility in non-criminal cases.
  • Makes it easier for local governments to create “emergency shelters” to provide shelter on a temporary basis for individuals and families who lack permanent housing. This can include use of parking lots and other property owned by churches and other religious institution, again on a temporary basis.
  • Creates a pilot program for remote notary services. Inability to physically access a notary during the pandemic became a real problem for many individuals who needed to change their medical directives and their wills. 
  • Extends enterprise zones that were slated for termination on June 30 until December 31, 2020. Some of them were not able to complete their anticipated work on time because of the pandemic.  This gives them six added months.
  • Allows the use of Individual Development Accounts for extraordinary medical expenses and other expenses arising during the emergency. IDAs are a great tool for low-income Oregonians, including people with disabilities, to save for important investments, such as housing and starting a business.  This provision will allow them to dip into those funds for extraordinary expenses due to the pandemic.
  • Directs OHA to develop and adopt rules requiring health care providers to collect and report data on race, ethnicity, disabilities, and preferred language. This is an extension of a program called REALD.  The experience of the pandemic, with disparate impacts on different groups, has made it clear that we need to be able to collect this information consistently and accurately.  
  • Extends the scope of practice of physicians assistants in Oregon, giving them more latitude in providing needed services without a physician’s direct supervision during the declared emergency.

For more details and background, you can read the legislative policy analysis here.

The debate over HB 4212 was more heated for what was NOT included in it than for what was.  Legislators have heard from businesses and school districts that they need extensive immunity from lawsuits directed against them by employees and customers for actions they take in compliance with the Governor’s orders.  They are concerned that they will be subject to frivolous lawsuits.  While everyone would agree that frivolous lawsuits should not occur (lawyers who bring them are in fact subject to legal sanction), there is a lot of disagreement of where to draw the line. I think most of us would agree that granting complete immunity from harm done to workers or the public as a result of the policies or negligence of an employer or owner is unacceptable.  The possibility of a lawsuit can be a useful way to make sure that safe practices are followed.  So if there is to be any added protection for businesses during the pandemic, it’s important to get the language just right.  The Legislature will continue to look at this over the next month in an effort to come up with a reasonable approach in time for the next special session.

The second issue that was left out of the final bill but was left on the table for ongoing work had to do with setting a clear infectious disease standard for Oregon OSHA (Occupational Safety and Health Administration) to follow in setting expectations for what employers need to do in order to assure the safety of their employees in the workplace.  This is something that federal OSHA has been wrestling with, unsuccessfully so far.  If the federal government can’t get there, I do think it’s important that we in Oregon create clarity and certainty for workers and employers alike.  I hope we can get this one resolved quickly as well.

In future newsletter, I’ll share details about the legislation clarifying the prohibitions on evictions and foreclosures during and after the COVID emergency.

Looking at Age Metrics

Each Sunday I’ve been providing you with this week’s statewide case, hospitalization, and death metrics by age.  This time I’m adding comparisons for case counts and hospitalizations from earlier in the pandemic to now.  You’ll see that younger people have come to dominate the category of new cases. Hospitalizations continue to be dominated by those above the age of 60.  Deaths are dominated by those above the age of 70.

a

b

c

d

e

f

Where Are Today’s New Cases?

If we put together the positive test results and new “presumptive” cases reported today, the overall number of new cases is 247.  The Portland Tri-County area accounts for 40% of the new cases (slightly less than its proportionate share of the state population).  Here is the breakdown by county for today:

Clackamas (18)

Columbia (1)

Deschutes (8)

Jackson (9)

Jefferson (3)

Josephine (1)

Lane (3)

Lincoln (3)

Malheur (11)

Marion (43)

Morrow (8)

Multnomah (52)

Polk (3)

Umatilla (48)

Union (2)

Wasco (3)

Washington (29)

Yamhill (1)

Additional Graphs:

g

h

i

Want to See Past Newsletters?

If there was COVID-related information in a past newsletter that you want to go back to, but find you’ve deleted it, you can always go to my legislative website (www.senatordembrow.com), click on “News and Information,” and you’ll find them all there.  Also, if someone forwarded you this newsletter and you’d like to get it directly, you can sign up for it there.

j

AND FINALLY,

Here again are some resources that you will find useful:

If the above links are not providing you with answers to your questions or directing you to the help that you need, please consider me and my office to be a resource.  We’ll do our best to assist you or steer you in the right direction. 

Best,

dembrow signature

Senator Michael Dembrow
District 23


email: Sen.MichaelDembrow@oregonlegislature.gov
web: www.senatordembrow.com
phone: 503-986-1723
mail: 900 Court St NE, S-407, Salem, OR, 97301