Sen. Lisa Reynolds sought clarity from the state's top ethics watchdog over whether a health care bill she authored would pose a substantial conflict of interest. (Rian Dundon/Oregon Capital Chronicle)

The Legislature’s own counsel would determine whether the Senator and doctor has a conflict of interest for her healthcare funding bill.

 

Oregon’s statewide ethics watchdog on Thursday referred a Portland-area lawmaker to the Legislature for clarity over whether a bill she authored that could benefit her medical practice raises a substantial conflict of interest.

The Oregon Government Ethics Commission said Sen. Lisa Reynolds’ decisions regarding votes and bill introductions were within the purview of the Legislature and its legal counsel, according to a Thursday letter written by Susan Myers, the commission’s executive director. Introduced in January, Senate Bill 28 would mandate commercial insurers reimburse independent primary care clinics at rates equal to those of clinics owned by hospital systems.

In the letter, Myers said that Reynolds, D-Portland, “would be met with a conflict of interest” unless she is able to receive a class exception. The rule is traditionally adjudicated by the commission, determining whether an official action by a public official would impact all members of a “class,” such as business owners or members of a particular industry, equally.

But it’s up to the Legislature, not the Commission, to decide whether the exception applies because the matter “relates to the performance of legislative functions,” Myers wrote. Lawmakers are allowed to cast votes and perform legislative tasks under Oregon’s “speech and debate” rules for public officials even when they do declare conflicts of interest.

Reynolds told the Capital Chronicle she hasn’t decided whether she will seek further advice. She said that she will consult with her staff and tends “to err on the side of caution.”

“I’ll see going forward,” she said. “It would be interesting to note the votes I’ve taken. For example, the provider tax which funds Medicaid — do I have to say that’s a conflict of interest because my clinic takes Medicaid? I don’t think so.”

The advice follows a request from the commission in a May 6 letter written by her chief of staff, Christopher McMorran, a day before the Oregon Journalism Project ran a story in which Reynolds said she was open to seeking the ethics’ commissions advice and declaring a conflict of interest.

McMorran sought information about potential conflicts of interest because of Reynolds’ job as a primary care provider at The Children’s Clinic, an independent clinic in the Portland region.

“SB 28 would likely result in a financial gain for her clinic, along with all other independent primary care clinics in the state,” he wrote to the commission. “We are curious if her introducing, sponsoring and supporting this bill qualifies as a conflict of interest or if she would be considered a member of a class and be exempt from conflict of interest laws.”

Reynolds said the advice was “reassuring” and that she believes she would likely qualify for a class exemption.

“I’m a citizen legislator. My day job is that of a pediatrician. In fact, I was in the clinic all last weekend,” she said. “I still see patients and I actually ran as Dr. Lisa Reynolds. I ran for office leaning into the fact that I am a physician and it informs all that I do in the Legislature.”

Her legislation is currently sitting in the Joint Ways and Means Committee.

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This article was originally published by Oregon Capital Chronicle and used with permission. Oregon Capital Chronicle is part of States Newsroom and can be reached at info@oregoncapitalchronicle.com.