Chapter 446 Oregon Laws 2003

AN ACT

SB 646

Relating to physician assistants; creating new provisions; amending ORS 743.725 and 750.333; repealing ORS 743.725; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 743.725 is amended to read:

743.725. (1) No insurer shall refuse a claim solely on the ground that the claim was submitted by a physician assistant practicing under the circumstances set forth in ORS 677.515 (4) rather than by the supervising physician for the physician assistant.

(2) This section is exempt from ORS 743.700.

SECTION 2. ORS 743.725 is repealed on October 4, 2009.

SECTION 3. ORS 750.333 is amended to read:

750.333. (1) The following provisions of the Insurance Code apply to trusts carrying out a multiple employer welfare arrangement:

(a) ORS 731.004 to 731.150, 731.162, 731.216 to 731.268, 731.296 to 731.316, 731.324, 731.328, 731.378, 731.386, 731.390, 731.398, 731.406, 731.410, 731.414, 731.418 to 731.434, 731.454, 731.484, 731.486, 731.488, 731.512, 731.574 to 731.620, 731.640 to 731.652, 731.804 to 731.992.

(b) ORS 733.010 to 733.050, 733.140 to 733.170, 733.210, 733.510 to 733.680 and 733.695 to 733.780.

(d) ORS 742.001 to 742.009, 742.013, 742.061 and 742.400.

(e) ORS 743.028, 743.053, 743.524, 743.526, 743.527, 743.528, 743.529, 743.530, 743.560, 743.562, 743.600, 743.601, 743.602, 743.610, 743.693, 743.694, 743.699, 743.727, 743.728, 743.730 to 743.773 (except 743.760 to 743.773), 743.801, 743.804, 743.807, 743.808, 743.809, 743.814 to 743.839, 743.842, 743.845, 743.847, 743.854, 743.856, 743.857, 743.858, 743.859, 743.861, 743.862, 743.863 and 743.864.

(f) ORS 743.556, 743.701, 743.703, 743.706, 743.707, 743.709, 743.710, 743.712, 743.713, 743.714, 743.717, 743.718, 743.719, 743.721, 743.722[, 743.725] and 743.726. Multiple employer welfare arrangements to which ORS 743.730 to 743.773 apply are subject to the sections referred to in this paragraph only as provided in ORS 743.730 to 743.773.

(g) Provisions of ORS chapter 744 relating to the regulation of agents and insurance consultants, and ORS 744.700 to 744.740.

(h) ORS 746.005 to 746.140, 746.160, 746.180 and 746.220 to 746.370.

(i) ORS 731.592 and 731.594.

(2) For the purposes of this section:

(a) A trust carrying out a multiple employer welfare arrangement shall be considered an insurer.

(b) References to certificates of authority shall be considered references to certificates of multiple employer welfare arrangement.

(3) The provision of health benefits under ORS 750.301 to 750.341 shall be considered to be the transaction of health insurance.

SECTION 4. The amendments to ORS 750.333 by section 3 of this 2003 Act become operative on October 4, 2009.

SECTION 5. If this 2003 Act does not become effective until after October 4, 2003, the amendments to ORS 743.725 by section 1 of this 2003 Act revive ORS 743.725. If this 2003 Act does not become effective until after October 4, 2003, this 2003 Act shall be operative retroactively to that date, and the operation and effect of ORS 743.725 shall continue unaffected from October 4, 2003, to the effective date of this 2003 Act and thereafter. Any otherwise lawful action taken or otherwise lawful obligation incurred under the authority of ORS 743.725 after October 4, 2003, and before the effective date of this 2003 Act, is ratified and approved.

SECTION 6. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect October 4, 2003.

Approved by the Governor June 24, 2003

Filed in the office of Secretary of State June 24, 2003

Effective date October 4, 2003

__________