72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1418
 
                           A-Engrossed
 
                         Senate Bill 74
                 Ordered by the Senate March 25
           Including Senate Amendments dated March 25
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Joint Interim Committee on
  Judiciary for Senator Peter Courtney)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Exempts statute requiring insurance coverage of certain
metabolic disorders from automatic repeal provisions.
   { +  Declares emergency, effective July 3, 2003. + }
 
                        A BILL FOR AN ACT
Relating to mandatory health insurance coverage for certain
  medical conditions; creating new provisions; amending ORS
  743.726; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 743.726 is amended to read:
  743.726. (1) All individual and group health insurance policies
providing coverage for hospital, medical or surgical expenses,
other than coverage limited to expenses from accidents or
specific diseases, shall include coverage for treatment of inborn
errors of metabolism that involve amino acid, carbohydrate and
fat metabolism and for which medically standard methods of
diagnosis, treatment and monitoring exist, including
quantification of metabolites in blood, urine or spinal fluid or
enzyme or DNA confirmation in tissues. Coverage shall include
expenses of diagnosing, monitoring and controlling the disorders
by nutritional and medical assessment, including but not limited
to clinical visits, biochemical analysis and medical foods used
in the treatment of such disorders.
  (2) As used in this section, 'medical foods' means foods that
are formulated to be consumed or administered enterally under the
supervision of a physician, as defined in ORS 677.010, that are
specifically processed or formulated to be deficient in one or
more of the nutrients present in typical nutritional
counterparts, that are for the medical and nutritional management
of patients with limited capacity to metabolize ordinary
foodstuffs or certain nutrients contained therein or have other
specific nutrient requirements as established by medical
evaluation and that are essential to optimize growth, health and
metabolic homeostasis.
   { +  (3) This section is exempt from ORS 743.700. + }
  SECTION 2.  { + If this 2003 Act does not become effective
until after July 3, 2003, the amendments to ORS 743.726 by
section 1 of this 2003 Act revive ORS 743.726. If this 2003 Act
does not become effective until after July 3, 2003, this 2003 Act
shall be operative retroactively to that date, and the operation
and effect of ORS 743.726 shall continue unaffected from July 3,
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 743.726 after July 3, 2003,
and before the effective date of this 2003 Act, is ratified and
approved. + }
  SECTION 3.  { + 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 July 3,
2003. + }
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