Chapter 69 Oregon Laws 2005

AN ACT

HB 2497

Relating to continuation of requirements for health insurance coverage of women’s health care services; creating new provisions; amending ORS 743.700; and declaring an emergency.

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

SECTION 1. ORS 743.700 is amended to read:

743.700. (1) Except as provided in subsection (4) of this section, any statute described in subsection (2) of this section that becomes effective on or after July 13, 1985, [shall stand] is repealed on the sixth anniversary of the effective date of the statute, unless the Legislative Assembly specifically provides otherwise.

(2) This section governs any statute that applies to individual or group health insurance policies and does any of the following:

(a) Requires the insurer to include coverage for specific physical or mental conditions or specific hospital, medical, surgical or dental health services.

(b) Requires the insurer to include coverage for specified persons.

(c) Requires the insurer to provide payment or reimbursement to specified providers of services if the services are within the lawful scope of practice of the provider and the insurance policy provides payment or reimbursement for those services.

(d) Requires the insurer to provide any specific coverage on a nondiscriminatory basis.

(e) Forbids the insurer to exclude from payment or reimbursement any covered services.

(f) Forbids the insurer to exclude coverage of a person because of that person’s medical history.

(3) A repeal of a statute under subsection (1) of this section [shall] does not apply to any insurance policy in effect on the effective date of the repeal. However, the repeal of the statute [shall apply] applies to a renewal or extension of an existing insurance policy on or after the effective date of the repealer as well as to a new policy issued on or after the effective date of the repealer.

(4) This section does not apply to ORS 743.693, 743.727 and 743.728.

SECTION 2. If this 2005 Act does not become effective until after July 1, 2005, the amendments to ORS 743.700 by section 1 of this 2005 Act revive ORS 743.727 and 743.728. If this 2005 Act does not become effective until after July 1, 2005, the amendments to ORS 743.700 by section 1 of this 2005 Act shall operate retroactively to July 1, 2005, and the operation and effect of ORS 743.727 and 743.728 shall continue unaffected from July 1, 2005, to the effective date of this 2005 Act and thereafter. Any otherwise lawful action taken or otherwise lawful obligation incurred under the authority of ORS 743.727 or 743.728 on or after July 1, 2005, and before the effective date of this 2005 Act is ratified and approved.

SECTION 3. If this 2005 Act does not become effective until after October 23, 2005, the amendments to ORS 743.700 by section 1 of this 2005 Act revive ORS 743.693. If this 2005 Act does not become effective until after October 23, 2005, the amendments to ORS 743.700 by section 1 of this 2005 Act shall operate retroactively to October 23, 2005, and the operation and effect of ORS 743.693 shall continue unaffected from October 23, 2005, to the effective date of this 2005 Act and thereafter. Any otherwise lawful action taken or otherwise lawful obligation incurred under the authority of ORS 743.693 on or after October 23, 2005, and before the effective date of this 2005 Act is ratified and approved.

SECTION 4. This 2005 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2005 Act takes effect on its passage.

Approved by the Governor May 18, 2005

Filed in the office of Secretary of State May 19, 2005

Effective date May 18, 2005

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