73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
Enrolled
Senate Bill 303
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 Senator Kate Brown for
Governor Theodore R. Kulongoski)
CHAPTER ................
AN ACT
Relating to Insurance Pool Governing Board; creating new
provisions; amending ORS 291.055, 414.831, 735.700, 735.702,
735.706, 735.710, 735.712, 735.714, 735.720, 735.722, 735.724,
735.726, 735.728, 735.730, 735.731, 735.732, 735.733, 735.734,
735.736, 735.740, 735.750, 735.754 and 743.730 and sections 2b
and 5, chapter 742, Oregon Laws 2003, and sections 11 and 12,
chapter ___, Oregon Laws 2005 (Enrolled House Bill 2062);
repealing ORS 735.704 and 735.708 and section 5, chapter 238,
Oregon Laws 2005 (Enrolled House Bill 2063), and section 5,
chapter 262, Oregon Laws 2005 (Enrolled House Bill 2064); and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Insurance Pool Governing Board
established by ORS 735.704 is abolished. On the operative date of
this section, the tenure of office of the members of the
Insurance Pool Governing Board ceases.
(2) The duties, functions and powers of the Insurance Pool
Governing Board relating to health insurance and health care are
imposed upon, transferred to and vested in the Office of Private
Health Partnerships. + }
SECTION 2. { + (1) The Office of Private Health Partnerships
is established.
(2) The office shall carry out the duties described under ORS
414.831, 735.700 to 735.714 and 735.720 to 735.740. + }
SECTION 3. { + (1) The Office of Private Health Partnerships
is under the supervision and control of an administrator, who is
responsible for the performance of the duties, functions and
powers of the office.
(2) The Governor shall appoint the Administrator of the Office
of Private Health Partnerships, who holds office at the pleasure
of the Governor.
(3) The administrator shall be paid a salary as provided by law
or, if not so provided, as prescribed by the Governor.
(4) For purposes of administration, subject to the approval of
the Governor, the administrator may organize and reorganize the
office as the administrator considers necessary to properly
conduct the work of the office. + }
Enrolled Senate Bill 303 (SB 303-A) Page 1
SECTION 4. { + (1) The Administrator of the Office of Private
Health Partnerships shall, by written order filed with the
Secretary of State, appoint a deputy director. The deputy
director serves at the pleasure of the administrator, has
authority to act for the administrator in the absence of the
administrator and is subject to the control of the administrator
at all times.
(2) Subject to any applicable provisions of ORS chapter 240,
the administrator shall appoint all subordinate officers and
employees of the Office of Private Health Partnerships, prescribe
their duties and fix their compensation. + }
SECTION 5. { + In accordance with applicable provisions of ORS
chapter 183, the Administrator of the Office of Private Health
Partnerships may adopt rules necessary for the administration of
the laws that the Office of Private Health Partnerships is
charged with administering. + }
SECTION 6. { + (1) The Insurance Pool Governing Board shall:
(a) Deliver to the Office of Private Health Partnerships all
records and property within the jurisdiction of the board that
relate to the duties, functions and powers transferred by section
1 of this 2005 Act; and
(b) Transfer to the Office of Private Health Partnerships those
employees engaged primarily in the exercise of the duties,
functions and powers transferred by section 1 of this 2005 Act.
(2) The Administrator of the Office of Private Health
Partnerships shall take possession of the records and property,
and shall take charge of the employees and employ them in the
exercise of the duties, functions and powers transferred by
section 1 of this 2005 Act, without reduction of compensation but
subject to change or termination of employment or compensation as
provided by law.
(3) The Governor shall resolve any dispute between the
Insurance Pool Governing Board and the Office of Private Health
Partnerships relating to transfers of records, property and
employees under this section, and the Governor's decision is
final. + }
SECTION 7. { + (1) The unexpended balances of amounts
authorized to be expended by the Insurance Pool Governing Board
for the biennium beginning July 1, 2005, from revenues dedicated,
continuously appropriated, appropriated or otherwise made
available for the purpose of administering and enforcing the
duties, functions and powers transferred by section 1 of this
2005 Act are appropriated and transferred to and are available
for expenditure by the Office of Private Health Partnerships for
the biennium beginning July 1, 2005, for the purpose of
administering and enforcing the duties, functions and powers
transferred by section 1 of this 2005 Act.
(2) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the Insurance Pool
Governing Board remain applicable to expenditures by the Office
of Private Health Partnerships under this section. + }
SECTION 8. { + The transfer of duties, functions and powers to
the Office of Private Health Partnerships by section 1 of this
2005 Act does not affect any action, proceeding or prosecution
involving or with respect to such duties, functions and powers
begun before and pending at the time of the transfer, except that
the Office of Private Health Partnerships is substituted for the
Insurance Pool Governing Board in the action, proceeding or
prosecution. + }
Enrolled Senate Bill 303 (SB 303-A) Page 2
SECTION 9. { + (1) Nothing in sections 1, 6, 7 and 8 of this
2005 Act relieves a person of a liability, duty or obligation
accruing under or with respect to the duties, functions and
powers transferred by section 1 of this 2005 Act. The Office of
Private Health Partnerships may undertake the collection or
enforcement of any such liability, duty or obligation.
(2) The rights and obligations of the Insurance Pool Governing
Board legally incurred under contracts, leases and business
transactions executed, entered into or begun before the operative
date of section 1 of this 2005 Act accruing under or with respect
to the duties, functions and powers transferred by section 1 of
this 2005 Act are transferred to the Office of Private Health
Partnerships. For the purpose of succession to these rights and
obligations, the Office of Private Health Partnerships is a
continuation of the Insurance Pool Governing Board and not a new
authority. + }
SECTION 10. { + (1) To aid and advise the Administrator of the
Office of Private Health Partnerships in the performance of the
functions of the Office of Private Health Partnerships, the
administrator may establish advisory committees that the
administrator considers necessary. These committees may be
continuing or temporary. The administrator shall determine the
representation, membership, terms and organization of the
committees and shall appoint their members. The administrator is
an ex officio member of each committee.
(2) Members appointed to the committees shall represent
business, labor, employers, insurance carriers or producers and
consumers.
(3) Members of the committees are not entitled to compensation,
but at the discretion of the administrator may be reimbursed from
funds available to the office for actual and necessary travel and
other expenses incurred in the performance of their official
duties in the manner and amount provided in ORS 292.495. + }
SECTION 11. { + Notwithstanding the transfer of duties,
functions and powers by section 1 of this 2005 Act, the rules of
the Insurance Pool Governing Board with respect to such duties,
functions or powers that are in effect on the operative date of
section 1 of this 2005 Act continue in effect until superseded or
repealed by rules of the Office of Private Health Partnerships.
References in such rules of the Insurance Pool Governing Board to
the Insurance Pool Governing Board or an officer or employee of
the Insurance Pool Governing Board are considered to be
references to the Office of Private Health Partnerships or an
officer or employee of the Office of Private Health
Partnerships. + }
SECTION 12. { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, in the context
of the duties, functions and powers transferred by section 1 of
this 2005 Act, reference is made to the Insurance Pool Governing
Board, or an officer or employee of the Insurance Pool Governing
Board whose duties, functions or powers are transferred by
section 1 of this 2005 Act, the reference is considered to be a
reference to the Office of Private Health Partnerships or an
officer or employee of the Office of Private Health Partnerships
who by this 2005 Act is charged with carrying out such duties,
functions and powers. + }
SECTION 13. { + (1) The Governor shall appoint the
Administrator of the Office of Private Health Partnerships on or
before November 1, 2005.
Enrolled Senate Bill 303 (SB 303-A) Page 3
(2) The administrator may take any action before the operative
date of section 1 of this 2005 Act that is necessary to enable
the administrator to exercise, on and after the operative date of
section 1 of this 2005 Act, the duties, functions and powers of
the administrator pursuant to section 1 of this 2005 Act. + }
SECTION 14. ORS 735.700 is amended to read:
735.700. As used in ORS 735.700 to { - 735.740 - }
{ + 735.714 + }, unless the context requires otherwise:
{ - (1) 'Board' means the Insurance Pool Governing Board
established under ORS 735.704. - }
{ - (2) - } { + (1) + } 'Carrier' means an insurance
company or health care service contractor holding a valid
certificate of authority from the Director of the Department of
Consumer and Business Services, or two or more companies or
contractors acting together pursuant to a joint venture,
partnership or other joint means of operation.
{ - (3) 'Class of employee' means an employee classed as
either management or nonmanagement employee. - }
{ - (4) - } { + (2) + } 'Eligible employee' means an
employee of an employer who is employed by the employer for an
average of at least 17.5 hours per week, sole proprietors,
business partners, and limited partners. The term does not
include individuals:
(a) Engaged as independent contractors.
(b) Whose periods of employment are on an intermittent or
irregular basis.
{ - (5) - } { + (3) + } 'Family member' means an eligible
employee's spouse, any unmarried child or stepchild within age
limits and other conditions imposed by the { - board - }
{ + Office of Private Health Partnerships + } with regard to
unmarried children or stepchildren, or any other dependents
eligible under the terms of the health benefit plan selected by
the employee's employer.
{ - (6) - } { + (4) + } 'Health benefit plan' means a
contract for group medical, surgical, hospital or any other
remedial care recognized by state law and related services and
supplies.
{ - (7) - } { + (5) + } 'Premium' means the monthly or
other periodic charge for a health benefit plan.
SECTION 15. ORS 735.700, as amended by section 6, chapter 742,
Oregon Laws 2003, is amended to read:
735.700. As used in ORS 735.700 to { - 735.740 - }
{ + 735.714 + }, unless the context requires otherwise:
{ - (1) 'Board' means the Insurance Pool Governing Board
established under ORS 735.704. - }
{ - (2) - } { + (1) + } 'Carrier' means an insurance
company or health care service contractor holding a valid
certificate of authority from the Director of the Department of
Consumer and Business Services, or two or more companies or
contractors acting together pursuant to a joint venture,
partnership or other joint means of operation.
{ - (3) 'Class of employee' means an employee classed as
either management or nonmanagement employee. - }
{ - (4) - } { + (2) + } 'Eligible employee' means an
employee of an employer who is employed by the employer for an
average of at least 17.5 hours per week who elects to participate
in one of the group benefit plans provided through
{ - board - } action { + of the Office of Private Health
Partnerships + }, and sole proprietors, business partners, and
limited partners. The term does not include individuals:
Enrolled Senate Bill 303 (SB 303-A) Page 4
(a) Engaged as independent contractors.
(b) Whose periods of employment are on an intermittent or
irregular basis.
(c) Who have been employed by the employer for fewer than 90
days.
{ - (5) - } { + (3) + } 'Family member' means an eligible
employee's spouse and any unmarried child or stepchild within age
limits and other conditions imposed by the { - board - }
{ + office + } with regard to unmarried children or
stepchildren.
{ - (6) - } { + (4) + } 'Health benefit plan' means a
contract for group medical, surgical, hospital or any other
remedial care recognized by state law and related services and
supplies.
{ - (7) - } { + (5) + } 'Premium' means the monthly or
other periodic charge for a health benefit plan.
SECTION 16. ORS 735.702 is amended to read:
735.702. To increase access to health insurance and health
care, the { - Insurance Pool Governing Board - } { + Office
of Private Health Partnerships + } shall provide:
(1) Information about health benefit plans and the premiums
charged for those plans to self-employed individuals and small
employers in Oregon;
(2) Direct assistance to health insurance producers and health
insurance consumers regarding health benefit plans;
(3) A central source for information about resources for health
care and health insurance; and
(4) Health benefit plans for small employers.
SECTION 17. ORS 735.702, as amended by section 7, chapter 742,
Oregon Laws 2003, is amended to read:
735.702. To increase access to health insurance and health
care, the { - Insurance Pool Governing Board - } { + Office
of Private Health Partnerships + } shall provide:
(1) Information about health benefit plans and the premiums
charged for those plans to self-employed individuals and small
employers in Oregon;
(2) Direct assistance to health insurance producers and health
insurance consumers regarding health benefit plans;
(3) A central source for information about resources for health
care and health insurance; and
(4) Health benefit plans for small employers that have not
provided a group health benefit plan for eligible employees for a
period of at least one year.
SECTION 18. ORS 735.706 is amended to read:
735.706. The { - Insurance Pool Governing Board Account - }
{ + Office of Private Health Partnerships Account + } is
established separate and distinct from the General Fund. All
moneys received by the
{ - Insurance Pool Governing Board - } { + Office of Private
Health Partnerships + }, other than appropriations from the
General Fund and except for moneys in the account established by
ORS 735.736, shall be deposited into the account and are
continuously appropriated to the { - board - } { + office + }
to carry out the duties, functions and powers of the
{ - board - } { + office + }.
SECTION 19. ORS 735.710 is amended to read:
735.710. (1) In carrying out its duties under ORS 735.700 to
{ + 735.714 and 735.720 to + } 735.740, the { - Insurance
Pool Governing Board - } { + Office of Private Health
Partnerships + } may:
Enrolled Senate Bill 303 (SB 303-A) Page 5
(a) Enter into contracts for administration of ORS 735.700 to
{ + 735.714 and 735.720 to + } 735.740 { + , + } including
collection of premiums and paying carriers.
(b) Retain consultants and employ staff.
(c) Enter into contracts with carriers or health care providers
for health benefit plans.
(d) Set premium rates for eligible employees and small
employers.
(e) Perform other duties to provide low-cost health benefit
plans of types likely to be purchased by small employers.
(f) Establish contributions to be paid by small employers
toward the premiums incurred on behalf of covered eligible
employees.
{ + (g) Establish procedures by rule for the publication or
release of aggregate data relating to:
(A) Applicants for enrollment and persons enrolled in the
Family Health Insurance Assistance Program;
(B) Health benefit plans for small employers offered by the
office; and
(C) Other programs operated by the office. + }
(2) Notwithstanding any other health benefit plan contracted
for and offered by the { - board - } { + office + }, the
{ - board - } { + office + } shall contract for a health
benefit plan or plans best designed to meet the needs and provide
for the welfare of eligible employees and small employers.
(3) The { - board - } { + office + } may approve more than
one carrier for each type of plan contracted for and offered, but
the number of carriers shall be held to a number consistent with
adequate service to eligible employees and family members.
(4) Where appropriate for a contracted and offered health
benefit plan, the { - board - } { + office + } shall provide
options under which an eligible employee may arrange coverage for
family members of the employee.
(5) In developing any health benefit plan, the { - board - }
{ + office + } may provide an option of additional coverage for
eligible employees and family members at an additional cost or
premium.
(6) Transfer of enrollment from one health benefit plan to
another shall be open to all eligible employees and family
members under rules adopted by the { - board - } { +
office + }.
(7) If the { - board - } { + office + } requests less
health care service or benefit than is otherwise required by
state law, a carrier is not required to offer such service or
benefit.
(8) The { - board - } { + office + } may contract for and
offer health benefit plans for small employers that provide a
sufficient level of benefits to be eligible for a subsidy under
ORS 735.724 as well as health benefit plans for small employers
that are not eligible for a subsidy under ORS 735.724.
(9) The { - board - } { + office + } may employ whatever
means are reasonably necessary to carry out the purposes of ORS
735.700 to { + 735.714 and 735.720 to + } 735.740. Such
authority includes but is not limited to authority to seek
clarification, amendment, modification, suspension or termination
of any agreement or contract { - which - } { + that + } in
the { - board's - } { + office's + } judgment requires such
action.
SECTION 20. ORS 735.710, as amended by section 8, chapter 742,
Oregon Laws 2003, is amended to read:
Enrolled Senate Bill 303 (SB 303-A) Page 6
735.710. (1) In carrying out its duties under ORS 735.700 to
{ + 735.714 and 735.720 to + } 735.740, the { - Insurance
Pool Governing Board - } { + Office of Private Health
Partnerships + } shall:
(a) Enter into contracts for administration of ORS 735.700 to
{ + 735.714 and 735.720 to + } 735.740 { + , + } including
collection of premiums and paying carriers.
(b) Retain consultants and employ staff.
(c) Enter into contracts with carriers or health care providers
for health benefit plans, including contracts where final payment
may be reduced if usage is below a level fixed in the contract.
(d) Set premium rates for eligible employees and small
employers.
(e) Perform other duties to provide low-cost health benefit
plans of types likely to be purchased by small employers.
(f) Establish contributions to be paid by small employers
toward the premiums incurred on behalf of covered eligible
employees.
{ + (g) Establish procedures by rule for the publication or
release of aggregate data relating to:
(A) Applicants for enrollment and persons enrolled in the
Family Health Insurance Assistance Program;
(B) Health benefit plans for small employers offered by the
office; and
(C) Other programs operated by the office. + }
(2) Notwithstanding any other health benefit plan contracted
for and offered by the { - board - } { + office + }, the
{ - board - } { + office + } shall contract for a health
benefit plan or plans best designed to meet the needs and provide
for the welfare of eligible employees and small employers.
(3) The { - board - } { + office + } may approve more than
one carrier for each type of plan contracted for and offered, but
the number of carriers shall be held to a number consistent with
adequate service to eligible employees and family members.
(4) Where appropriate for a contracted and offered health
benefit plan, the { - board - } { + office + } shall provide
options under which an eligible employee may arrange coverage for
family members of the employee.
(5) In developing any health benefit plan, the { - board - }
{ + office + } may provide an option of additional coverage for
eligible employees and family members at an additional cost or
premium.
(6) Transfer of enrollment from one health benefit plan to
another shall be open to all eligible employees and family
members under rules adopted by the { - board - } { +
office + }.
(7) If the { - board - } { + office + } requests less
health care service or benefit than is otherwise required by
state law, a carrier is not required to offer such service or
benefit.
(8) Health benefit plans for small employers contracted for and
offered by the { - board - } { + office + } must provide a
sufficient level of benefits to be eligible for a subsidy under
ORS 735.724.
(9) The { - board - } { + office + } may employ whatever
means are reasonably necessary to carry out the purposes of ORS
735.700 to { + 735.714 and 735.720 to + } 735.740. Such
authority includes but is not limited to authority to seek
clarification, amendment, modification, suspension or termination
of any agreement or contract { - which - } { + that + } in
Enrolled Senate Bill 303 (SB 303-A) Page 7
the { - board's - } { + office's + } judgment requires such
action.
SECTION 21. ORS 735.712 is amended to read:
735.712. (1) The { - Insurance Pool Governing Board - }
{ + Office of Private Health Partnerships + } shall encourage
increased health insurance coverage among small employers:
(a) By providing information, benefit comparisons, premium
comparisons and technical assistance on obtaining employee
benefits and on incentives including, but not limited to,
information on the pretax health benefit options allowed under
section 125 of the United States Internal Revenue Code; and
(b) By using other means necessary to market health benefit
plan coverage to small employers.
(2) The { - Insurance Pool Governing Board - }
{ + office + } shall provide information about other resources
for accessing health care and shall assist consumers in accessing
those resources.
SECTION 22. ORS 735.714 is amended to read:
735.714. The { - Insurance Pool Governing Board - }
{ + Office of Private Health Partnerships + } may renew health
benefit plans for small employers offered by the { - board - }
{ + office + } on or after September 2, 2003, that are not
eligible for a subsidy under ORS 735.724.
SECTION 23. ORS 735.720 is amended to read:
735.720. For purposes of ORS 735.720 to 735.740:
{ + (1) 'Carrier' has the meaning given that term in ORS
735.700. + }
{ - (1) - } { + (2) + } 'Eligible individual' means an
individual who:
(a) Is a resident of the State of Oregon;
(b) Is not eligible for Medicare;
(c) Either has been without health benefit plan coverage for a
period of time established by the { - Insurance Pool Governing
Board - } { + Office of Private Health Partnerships + }, or
meets exception criteria established by the { - board - } { +
office + };
(d) Except as otherwise provided by the { - board - }
{ + office + }, has family income less than 200 percent of the
federal poverty level;
(e) Has investments and savings less than the limit established
by the { - board - } { + office + }; and
(f) Meets other eligibility criteria established by the
{ - board - } { + office + }.
{ - (2) - } { + (3) + } 'Family' means:
(a) A single individual;
(b) An adult and the adult's spouse;
(c) An adult and the adult's spouse, all unmarried, dependent
children under 23 years of age, including adopted children,
children placed for adoption and children under the legal
guardianship of the adult or the adult's spouse, and all
dependent children of a dependent child; or
(d) An adult and the adult's unmarried, dependent children
under 23 years of age, including adopted children, children
placed for adoption and children under the legal guardianship of
the adult, and all dependent children of a dependent child.
{ - (3)(a) - } { + (4)(a) + } 'Health benefit plan' means a
policy or certificate of group or individual health insurance, as
defined in ORS 731.162, providing payment or reimbursement for
hospital, medical and surgical expenses. 'Health benefit plan'
includes a medical savings account, health care service
Enrolled Senate Bill 303 (SB 303-A) Page 8
contractor or health maintenance organization subscriber
contract, the Oregon Medical Insurance Pool and any plan provided
by a less than fully insured multiple employer welfare
arrangement or by another benefit arrangement defined in the
federal Employee Retirement Income Security Act of 1974, as
amended.
(b) 'Health benefit plan' does not include coverage for
accident only, specific disease or condition only, credit,
disability income, coverage of Medicare services pursuant to
contracts with the federal government, Medicare supplement
insurance, student accident and health insurance, long term care
insurance, hospital indemnity only, dental only, vision only,
coverage issued as a supplement to liability insurance, insurance
arising out of a workers' compensation or similar law, automobile
medical payment insurance, insurance under which the benefits are
payable with or without regard to fault and that is legally
required to be contained in any liability insurance policy or
equivalent self-insurance or coverage obtained or provided in
another state but not available in Oregon.
{ - (4) - } { + (5) + } 'Income' means gross income in cash
or kind available to the applicant or recipient.
{ - (5) - } { + (6) + } 'Investment and savings' means
cash, securities as defined in ORS 59.015, negotiable instruments
as defined in ORS 73.0104 and such similar investments or savings
as the { - board - } { + office + } may establish that are
available to the applicant or recipient to contribute toward
meeting the needs of an applicant or eligible individual.
{ - (6) - } { + (7) + } 'Medicaid' means medical assistance
provided under 42 U.S.C. section 1396a (section 1902 of the
Social Security Act).
{ - (7) - } { + (8) + } 'Medical savings account' means a
trust that is created exclusively for the purpose of paying
qualified medical expenses of the account holder and that
qualifies for tax deduction under section 220 of the Internal
Revenue Code. ' Medical savings account' includes an associated
high deductible health benefit plan.
{ - (8) - } { + (9) + } 'Resident' means an individual who
{ - demonstrates to the Insurance Pool Governing Board that the
individual is lawfully residing in Oregon and intends to reside
in Oregon - } { + meets the residency requirements established
by rule by the office + }.
{ - (9) - } { + (10) + } 'Subsidy' means payment or
reimbursement to an eligible individual toward the purchase of a
health benefit plan, and may include a net billing arrangement
with { - insurance - } carriers or a prospective or
retrospective payment for health benefit plan premiums and
eligible copayments or deductible expenses directly related to
the eligible individual.
{ - (10) - } { + (11) + } 'Third-party administrator' means
any insurance company or other entity licensed under the
Insurance Code to administer health insurance benefit programs.
SECTION 23a. { + Section 5, chapter 238, Oregon Laws 2005
(Enrolled House Bill 2063) (amending ORS 735.720), and section 5,
chapter 262, Oregon Laws 2005 (Enrolled House Bill 2064)
(amending ORS 735.720), are repealed. + }
SECTION 23b. If House Bill 2062 does not become law, ORS
735.720, as amended by section 23 of this 2005 Act, is amended to
read:
735.720. For purposes of ORS 735.720 to 735.740:
(1) 'Carrier' has the meaning given that term in ORS 735.700.
Enrolled Senate Bill 303 (SB 303-A) Page 9
(2) 'Eligible individual' means an individual who:
(a) Is a resident of the State of Oregon;
(b) Is not eligible for Medicare;
(c) Either has been without health benefit plan coverage for a
period of time established by the Office of Private Health
Partnerships, or meets exception criteria established by the
office;
(d) Except as otherwise provided by the office, has family
income less than 200 percent of the federal poverty level;
(e) Has investments and savings less than the limit established
by the office; and
(f) Meets other eligibility criteria established by the office.
(3) { + (a) + } 'Family' means:
{ - (a) - } { + (A) + } A single individual;
{ - (b) - } { + (B) + } An adult and the adult's spouse;
{ - (c) - } { + (C) + } An adult and the adult's spouse,
all unmarried, dependent children under 23 years of age,
including adopted children, children placed for adoption and
children under the legal guardianship of the adult or the adult's
spouse, and all dependent children of a dependent child; or
{ - (d) - } { + (D) + } An adult and the adult's unmarried,
dependent children under 23 years of age, including adopted
children, children placed for adoption and children under the
legal guardianship of the adult, and all dependent children of a
dependent child.
{ + (b) A family includes a dependent elderly relative or a
dependent adult disabled child who meets the criteria established
by the office and who lives in the home of the adult described in
paragraph (a) of this subsection. + }
(4)(a) 'Health benefit plan' means a policy or certificate of
group or individual health insurance, as defined in ORS 731.162,
providing payment or reimbursement for hospital, medical and
surgical expenses. 'Health benefit plan' includes a { - medical
savings account, - } health care service contractor or health
maintenance organization subscriber contract, the Oregon Medical
Insurance Pool and any plan provided by a less than fully insured
multiple employer welfare arrangement or by another benefit
arrangement defined in the federal Employee Retirement Income
Security Act of 1974, as amended.
(b) 'Health benefit plan' does not include coverage for
accident only, specific disease or condition only, credit,
disability income, coverage of Medicare services pursuant to
contracts with the federal government, Medicare supplement
insurance, student accident and health insurance, long term care
insurance, hospital indemnity only, dental only, vision only,
coverage issued as a supplement to liability insurance, insurance
arising out of a workers' compensation or similar law, automobile
medical payment insurance, insurance under which the benefits are
payable with or without regard to fault and that is legally
required to be contained in any liability insurance policy or
equivalent self-insurance or coverage obtained or provided in
another state but not available in Oregon.
(5) 'Income' means gross income in cash or kind available to
the applicant or { - recipient - } { + applicant's family.
'Income ' does not mean earned income of minor children + }.
(6) 'Investment and savings' means cash, securities as defined
in ORS 59.015, negotiable instruments as defined in ORS 73.0104
and such similar investments or savings as the office may
establish that are available to the applicant or
Enrolled Senate Bill 303 (SB 303-A) Page 10
{ - recipient - } { + applicant's family + } to contribute
toward meeting the needs of an applicant or eligible individual.
(7) 'Medicaid' means medical assistance provided under 42
U.S.C. section 1396a (section 1902 of the Social Security Act).
{ - (8) 'Medical savings account' means a trust that is
created exclusively for the purpose of paying qualified medical
expenses of the account holder and that qualifies for tax
deduction under section 220 of the Internal Revenue Code. '
Medical savings account' includes an associated high deductible
health benefit plan. - }
{ - (9) - } { + (8) + } 'Resident' means an individual who
meets the residency requirements established by rule by the
office.
{ - (10) - } { + (9) + } 'Subsidy' means payment or
reimbursement to an eligible individual toward the purchase of a
health benefit plan, and may include a net billing arrangement
with carriers or a prospective or retrospective payment for
health benefit plan premiums and eligible copayments or
deductible expenses directly related to the eligible individual.
{ - (11) - } { + (10) + } 'Third-party administrator' means
any insurance company or other entity licensed under the
Insurance Code to administer health insurance benefit programs.
SECTION 23c. { + The amendments to ORS 735.720 by section 23b
of this 2005 Act become operative on January 1, 2006. + }
SECTION 23d. { + If House Bill 2062 becomes law, section 23 of
this 2005 Act (amending ORS 735.720) is repealed and ORS 735.720,
as amended by section 5, chapter ___, Oregon Laws 2005 (Enrolled
House Bill 2062), is amended to read: + }
735.720. For purposes of ORS 735.720 to 735.740:
(1) 'Carrier' has the meaning given that term in ORS 735.700.
(2) 'Eligible individual' means an individual who:
(a) Is a resident of the State of Oregon;
(b) Is not eligible for Medicare;
(c) Either has been without health benefit plan coverage for a
period of time established by the { - Insurance Pool Governing
Board - } { + Office of Private Health Partnerships + }, or
meets exception criteria established by the { - board - } { +
office + };
(d) Except as otherwise provided by the { - board - } { +
office + }, has family income less than 200 percent of the
federal poverty level;
(e) Has investments and savings less than the limit established
by the { - board - } { + office + }; and
(f) Meets other eligibility criteria established by the
{ - board - } { + office + }.
(3) 'Family' means:
(a) A single individual;
(b) An adult and the adult's spouse;
(c) An adult and the adult's spouse, all unmarried, dependent
children under 23 years of age, including adopted children,
children placed for adoption and children under the legal
guardianship of the adult or the adult's spouse, and all
dependent children of a dependent child; or
(d) An adult and the adult's unmarried, dependent children
under 23 years of age, including adopted children, children
placed for adoption and children under the legal guardianship of
the adult, and all dependent children of a dependent child.
(4)(a) 'Health benefit plan' means a policy or certificate of
group or individual health insurance, as defined in ORS 731.162,
providing payment or reimbursement for hospital, medical and
Enrolled Senate Bill 303 (SB 303-A) Page 11
surgical expenses. 'Health benefit plan' includes a health care
service contractor or health maintenance organization subscriber
contract, the Oregon Medical Insurance Pool and any plan provided
by a less than fully insured multiple employer welfare
arrangement or by another benefit arrangement defined in the
federal Employee Retirement Income Security Act of 1974, as
amended.
(b) 'Health benefit plan' does not include coverage for
accident only, specific disease or condition only, credit,
disability income, coverage of Medicare services pursuant to
contracts with the federal government, Medicare supplement
insurance, student accident and health insurance, long term care
insurance, hospital indemnity only, dental only, vision only,
coverage issued as a supplement to liability insurance, insurance
arising out of a workers' compensation or similar law, automobile
medical payment insurance, insurance under which the benefits are
payable with or without regard to fault and that is legally
required to be contained in any liability insurance policy or
equivalent self-insurance or coverage obtained or provided in
another state but not available in Oregon.
(5) 'Income' means gross income in cash or kind available to
the applicant or the applicant's family. Income does not include
earned income of the applicant's children or income earned by a
spouse if there is a legal separation.
(6) 'Investment and savings' means cash, securities as defined
in ORS 59.015, negotiable instruments as defined in ORS 73.0104
and such similar investments or savings as the { - board - }
{ + office + } may establish that are available to the
applicant or recipient to contribute toward meeting the needs of
an applicant or eligible individual.
(7) 'Medicaid' means medical assistance provided under 42
U.S.C. section 1396a (section 1902 of the Social Security Act).
(8) 'Resident' means an individual who meets the residency
requirements established by rule by the { - Insurance Pool
Governing Board - } { + office + }.
(9) 'Subsidy' means payment or reimbursement to an eligible
individual toward the purchase of a health benefit plan, and may
include a net billing arrangement with carriers or a prospective
or retrospective payment for health benefit plan premiums and
eligible copayments or deductible expenses directly related to
the eligible individual.
(10) 'Third-party administrator' means any insurance company or
other entity licensed under the Insurance Code to administer
health insurance benefit programs.
SECTION 23e. If House Bill 2062 becomes law, ORS 735.720, as
amended by section 23d of this 2005 Act, is amended to read:
735.720. For purposes of ORS 735.720 to 735.740:
(1) 'Carrier' has the meaning given that term in ORS 735.700.
(2) 'Eligible individual' means an individual who:
(a) Is a resident of the State of Oregon;
(b) Is not eligible for Medicare;
(c) Either has been without health benefit plan coverage for a
period of time established by the Office of Private Health
Partnerships, or meets exception criteria established by the
office;
(d) Except as otherwise provided by the office, has family
income less than 200 percent of the federal poverty level;
(e) Has investments and savings less than the limit established
by the office; and
(f) Meets other eligibility criteria established by the office.
Enrolled Senate Bill 303 (SB 303-A) Page 12
(3) { + (a) + } 'Family' means:
{ - (a) - } { + (A) + } A single individual;
{ - (b) - } { + (B) + } An adult and the adult's spouse;
{ - (c) - } { + (C) + } An adult and the adult's spouse,
all unmarried, dependent children under 23 years of age,
including adopted children, children placed for adoption and
children under the legal guardianship of the adult or the adult's
spouse, and all dependent children of a dependent child; or
{ - (d) - } { + (D) + } An adult and the adult's unmarried,
dependent children under 23 years of age, including adopted
children, children placed for adoption and children under the
legal guardianship of the adult, and all dependent children of a
dependent child.
{ + (b) A family includes a dependent elderly relative or a
dependent adult disabled child who meets the criteria established
by the office and who lives in the home of the adult described in
paragraph (a) of this subsection. + }
(4)(a) 'Health benefit plan' means a policy or certificate of
group or individual health insurance, as defined in ORS 731.162,
providing payment or reimbursement for hospital, medical and
surgical expenses. 'Health benefit plan' includes a health care
service contractor or health maintenance organization subscriber
contract, the Oregon Medical Insurance Pool and any plan provided
by a less than fully insured multiple employer welfare
arrangement or by another benefit arrangement defined in the
federal Employee Retirement Income Security Act of 1974, as
amended.
(b) 'Health benefit plan' does not include coverage for
accident only, specific disease or condition only, credit,
disability income, coverage of Medicare services pursuant to
contracts with the federal government, Medicare supplement
insurance, student accident and health insurance, long term care
insurance, hospital indemnity only, dental only, vision only,
coverage issued as a supplement to liability insurance, insurance
arising out of a workers' compensation or similar law, automobile
medical payment insurance, insurance under which the benefits are
payable with or without regard to fault and that is legally
required to be contained in any liability insurance policy or
equivalent self-insurance or coverage obtained or provided in
another state but not available in Oregon.
(5) 'Income' means gross income in cash or kind available to
the applicant or the applicant's family. Income does not include
earned income of the applicant's children or income earned by a
spouse if there is a legal separation.
(6) 'Investment and savings' means cash, securities as defined
in ORS 59.015, negotiable instruments as defined in ORS 73.0104
and such similar investments or savings as the office may
establish that are available to the applicant or
{ - recipient - } { + the applicant's family + } to contribute
toward meeting the needs of an applicant or eligible individual.
(7) 'Medicaid' means medical assistance provided under 42
U.S.C. section 1396a (section 1902 of the Social Security Act).
(8) 'Resident' means an individual who meets the residency
requirements established by rule by the office.
(9) 'Subsidy' means payment or reimbursement to an eligible
individual toward the purchase of a health benefit plan, and may
include a net billing arrangement with carriers or a prospective
or retrospective payment for health benefit plan premiums and
eligible copayments or deductible expenses directly related to
the eligible individual.
Enrolled Senate Bill 303 (SB 303-A) Page 13
(10) 'Third-party administrator' means any insurance company or
other entity licensed under the Insurance Code to administer
health insurance benefit programs.
SECTION 23f. { + The amendments to ORS 735.720 by section 23e
of this 2005 Act become operative on January 1, 2006. + }
SECTION 23g. If House Bill 2062 becomes law, ORS 735.720, as
amended by section 5a, chapter ___, Oregon Laws 2005 (Enrolled
House Bill 2062), is amended to read:
735.720. For purposes of ORS 735.720 to 735.740:
(1) 'Carrier' has the meaning given that term in ORS 735.700.
(2) 'Eligible individual' means an individual who:
(a) Is a resident of the State of Oregon;
(b) Is not eligible for Medicare;
(c) Either has been without health benefit plan coverage for a
period of time established by the { - Insurance Pool Governing
Board - } { + Office of Private Health Partnerships + }, or
meets exception criteria established by the { - board - } { +
office + };
(d) Except as otherwise provided by the { - board - } { +
office + }, has family income less than 200 percent of the
federal poverty level;
(e) Has investments and savings less than the limit established
by the { - board - } { + office + }; and
(f) Meets other eligibility criteria established by the
{ - board - } { + office + }.
(3)(a) 'Family' means:
(A) A single individual;
(B) An adult and the adult's spouse;
(C) An adult and the adult's spouse, all unmarried, dependent
children under 23 years of age, including adopted children,
children placed for adoption and children under the legal
guardianship of the adult or the adult's spouse, and all
dependent children of a dependent child; or
(D) An adult and the adult's unmarried, dependent children
under 23 years of age, including adopted children, children
placed for adoption and children under the legal guardianship of
the adult, and all dependent children of a dependent child.
(b) A family includes a dependent elderly relative or a
dependent adult disabled child who meets the criteria established
by the { - board - } { + office + } and who lives in the home
of the adult described in paragraph (a) of this subsection.
(4)(a) 'Health benefit plan' means a policy or certificate of
group or individual health insurance, as defined in ORS 731.162,
providing payment or reimbursement for hospital, medical and
surgical expenses. 'Health benefit plan' includes a health care
service contractor or health maintenance organization subscriber
contract, the Oregon Medical Insurance Pool and any plan provided
by a less than fully insured multiple employer welfare
arrangement or by another benefit arrangement defined in the
federal Employee Retirement Income Security Act of 1974, as
amended.
(b) 'Health benefit plan' does not include coverage for
accident only, specific disease or condition only, credit,
disability income, coverage of Medicare services pursuant to
contracts with the federal government, Medicare supplement
insurance, student accident and health insurance, long term care
insurance, hospital indemnity only, dental only, vision only,
coverage issued as a supplement to liability insurance, insurance
arising out of a workers' compensation or similar law, automobile
medical payment insurance, insurance under which the benefits are
Enrolled Senate Bill 303 (SB 303-A) Page 14
payable with or without regard to fault and that is legally
required to be contained in any liability insurance policy or
equivalent self-insurance or coverage obtained or provided in
another state but not available in Oregon.
(5) 'Income' means gross income in cash or kind available to
the applicant or the applicant's family. Income does not include
earned income of the applicant's children or income earned by a
spouse if there is a legal separation.
(6) 'Investment and savings' means cash, securities as defined
in ORS 59.015, negotiable instruments as defined in ORS 73.0104
and such similar investments or savings as the { - board - }
{ + office + } may establish that are available to the
applicant or the applicant's family to contribute toward meeting
the needs of an applicant or eligible individual.
(7) 'Medicaid' means medical assistance provided under 42
U.S.C. section 1396a (section 1902 of the Social Security Act).
(8) 'Resident' means an individual who meets the residency
requirements established by rule by the { - Insurance Pool
Governing Board - } { + office + }.
(9) 'Subsidy' means payment or reimbursement to an eligible
individual toward the purchase of a health benefit plan, and may
include a net billing arrangement with carriers or a prospective
or retrospective payment for health benefit plan premiums and
eligible copayments or deductible expenses directly related to
the eligible individual.
(10) 'Third-party administrator' means any insurance company or
other entity licensed under the Insurance Code to administer
health insurance benefit programs.
SECTION 23h. { + The amendments to ORS 735.720 by section 23g
of this 2005 Act become operative on January 1, 2006. + }
SECTION 24. ORS 735.722 is amended to read:
735.722. (1) There is established the Family Health Insurance
Assistance Program in the { - Insurance Pool Governing
Board - } { + Office of Private Health Partnerships + }. The
purpose of the program is to remove economic barriers to health
insurance coverage for residents of the State of Oregon with
family income less than 200 percent of the federal poverty level,
and investment and savings less than the limit established by the
{ - board - } { + office + }, while encouraging individual
responsibility, promoting health benefit plan coverage of
children, building on the private sector health benefit plan
system and encouraging employer and employee participation in
employer sponsored health benefit plan coverage.
(2) The { - Insurance Pool Governing Board - } { + Office
of Private Health Partnerships + } shall be responsible for the
implementation and operation of the Family Health Insurance
Assistance Program. The Administrator of the Office for Oregon
Health Policy and Research, in consultation with the Oregon
Health Policy Commission, shall make recommendations to the
{ - board - } { + Office of Private Health Partnerships + }
regarding program policy, including but not limited to
eligibility requirements, assistance levels, benefit criteria and
{ - insurance - } carrier participation. The
{ - board - } { + Office of Private Health Partnerships + }
shall adopt all policy recommendations made by the Administrator
of the Office for Oregon Health Policy and Research pursuant to
this subsection.
(3) The { - board - } { + Office of Private Health
Partnerships + } may contract with one or more third-party
administrators to administer one or more components of the Family
Enrolled Senate Bill 303 (SB 303-A) Page 15
Health Insurance Assistance Program. Duties of a third-party
administrator may include but are not limited to:
(a) Eligibility determination;
(b) Data collection;
(c) Assistance payments;
(d) Financial tracking and reporting; and
(e) Such other services as the { - board - } { + office + }
may deem necessary for the administration of the program.
(4) If the { - board - } { + office + } decides to enter
into a contract with a third-party administrator pursuant to
subsection (3) of this section, the { - board - }
{ + office + } shall engage in competitive bidding. The
{ - board - } { + office + } shall evaluate bids according to
criteria established by the { - board - } { + office + },
including but not limited to:
(a) The applicant's proven ability to administer a program of
the size of the Family Health Insurance Assistance Program;
(b) The efficiency of the applicant's payment procedures;
(c) The estimate provided of the total charges necessary to
administer the program; and
(d) The applicant's ability to operate the program in a
cost-effective manner.
SECTION 24a. { + If House Bill 2062 becomes law, section 24 of
this 2005 Act (amending ORS 735.722) is repealed and ORS 735.722,
as amended by section 6, chapter ___, Oregon Laws 2005 (Enrolled
House Bill 2062), is amended to read: + }
735.722. (1) There is established the Family Health Insurance
Assistance Program in the { - Insurance Pool Governing
Board - } { + Office of Private Health Partnerships + }. The
purpose of the program is to remove economic barriers to health
insurance coverage for residents of the State of Oregon with
family income less than 200 percent of the federal poverty level,
and investment and savings less than the limit established by the
{ - board - } { + office + }, while encouraging individual
responsibility, promoting health benefit plan coverage of
children, building on the private sector health benefit plan
system and encouraging employer and employee participation in
employer sponsored health benefit plan coverage.
(2) The { - Insurance Pool Governing Board - } { + Office
of Private Health Partnerships + } shall be responsible for the
implementation and operation of the Family Health Insurance
Assistance Program. The Administrator of the Office for Oregon
Health Policy and Research, in consultation with the Oregon
Health Policy Commission, shall make recommendations to the
{ - board - } { + Office of Private Health Partnerships + }
regarding program policy, including but not limited to
eligibility requirements, assistance levels, benefit criteria and
carrier participation.
(3) The { - board - } { + Office of Private Health
Partnerships + } may contract with one or more third-party
administrators to administer one or more components of the Family
Health Insurance Assistance Program. Duties of a third-party
administrator may include but are not limited to:
(a) Eligibility determination;
(b) Data collection;
(c) Assistance payments;
(d) Financial tracking and reporting; and
(e) Such other services as the { - board - } { + office + }
may deem necessary for the administration of the program.
Enrolled Senate Bill 303 (SB 303-A) Page 16
(4) If the { - board - } { + office + } decides to enter
into a contract with a third-party administrator pursuant to
subsection (3) of this section, the { - board - }
{ + office + } shall engage in competitive bidding. The
{ - board - } { + office + } shall evaluate bids according to
criteria established by the { - board - } { + office + },
including but not limited to:
(a) The bidder's proven ability to administer a program of the
size of the Family Health Insurance Assistance Program;
(b) The efficiency of the bidder's payment procedures;
(c) The estimate provided of the total charges necessary to
administer the program; and
(d) The bidder's ability to operate the program in a
cost-effective manner.
SECTION 24b. If House Bill 2062 becomes law, section 11,
chapter ___, Oregon Laws 2005 (Enrolled House Bill 2062), is
amended to read:
{ + Sec. 11. + } (1) A small employer may obtain a health
benefit plan offered by the { - Insurance Pool Governing
Board - } { + Office of Private Health Partnerships + } only if
the small employer pays a contribution established under ORS
735.710 (1)(f) toward the premium incurred on behalf of a covered
eligible employee.
(2) Notwithstanding section 2b, chapter 742, Oregon Laws 2003,
the { - Insurance Pool Governing Board - } { + Office of
Private Health Partnerships + } may offer a health benefit plan
to a small employer that contributed to a health benefit plan
solely for the benefit of the employer or the employer's
dependents.
SECTION 24c. If House Bill 2062 becomes law, section 12,
chapter ___, Oregon Laws 2005 (Enrolled House Bill 2062), is
amended to read:
{ + Sec. 12. + } (1) The { - Insurance Pool Governing
Board - } { + Office of Private Health Partnerships + } shall
impose and collect assessments against carriers who have entered
into contracts under ORS 735.710 (1)(c) to offer health benefit
plans for small employers. The
{ - board - } { + office + } shall apply the same assessment
rate against all participating carriers.
(2) A carrier's assessment shall be an amount established by
rule that is:
(a) Not greater than one percent of the earned premiums a
carrier receives from selling health benefit plans to small
employers under ORS 735.710 (1)(c); or
(b) A flat rate per small employer health benefit plan sold by
a carrier to small employers under ORS 735.710 (1)(c).
(3) A carrier shall pay its assessment as required by the
{ - board - } { + office + }.
(4) The { - board - } { + office + } shall adopt rules to
implement this section.
SECTION 24d. If House Bill 2062 becomes law, ORS 291.055, as
amended by section 14, chapter ___, Oregon Laws 2005 (Enrolled
House Bill 2062), is amended to read:
291.055. (1) Notwithstanding any other law that grants to a
state agency the authority to establish fees, all new state
agency fees or fee increases adopted after July 1 of any
odd-numbered year:
(a) Are not effective for agencies in the executive department
of government unless approved in writing by the Director of the
Oregon Department of Administrative Services;
Enrolled Senate Bill 303 (SB 303-A) Page 17
(b) Are not effective for agencies in the judicial department
of government unless approved in writing by the Chief Justice of
the Supreme Court;
(c) Are not effective for agencies in the legislative
department of government unless approved in writing by the
President of the Senate and the Speaker of the House of
Representatives;
(d) Shall be reported by the state agency to the Oregon
Department of Administrative Services within 10 days of their
adoption; and
(e) Are rescinded on July 1 of the next following odd-numbered
year, or on adjournment sine die of the regular session of the
Legislative Assembly meeting in that year, whichever is later,
unless otherwise authorized by enabling legislation setting forth
the approved fees.
(2) This section does not apply to:
(a) Any tuition or fees charged by the State Board of Higher
Education and state institutions of higher education.
(b) Taxes or other payments made or collected from employers
for unemployment insurance required by ORS chapter 657 or premium
assessments required by ORS 656.612 and 656.614 or contributions
and assessments calculated by cents per hour for workers'
compensation coverage required by ORS 656.506.
(c) Fees or payments required for:
(A) Health care services provided by the Oregon Health and
Science University, by the Oregon Veterans' Homes and by other
state agencies and institutions pursuant to ORS 179.610 to
179.770.
(B) Assessments and premiums paid to the Oregon Medical
Insurance Pool established by ORS 735.614 and 735.625.
(C) Copayments and premiums paid to the Oregon medical
assistance program.
(D) Assessments paid to the { - Insurance Pool Governing
Board - } { + Office of Private Health Partnerships + } under
section 12 { - of this 2005 Act - } { + , chapter ___, Oregon
Laws 2005 (Enrolled House Bill 2062) + }.
(d) Fees created or authorized by statute that have no
established rate or amount but are calculated for each separate
instance for each fee payer and the fee assessed is based on
actual cost of services provided.
(e) State agency charges on employees for benefits and
services.
(f) Any intergovernmental charges.
(g) Forest protection district assessment rates established by
ORS 477.210 to 477.265 and the Oregon Forest Land Protection Fund
fees established by ORS 477.760.
(h) State Department of Energy assessments required by ORS
469.421 (8) and 469.681.
(i) Any charges established by the Oregon State Fair and
Exposition Center in accordance with ORS 565.080 (3).
(j) Assessments on premiums charged by the Insurance Division
of the Department of Consumer and Business Services pursuant to
ORS 731.804 or fees charged by the Division of Finance and
Corporate Securities of the Department of Consumer and Business
Services to banks, trusts and credit unions pursuant to ORS
706.530 and 723.114.
(k) Public Utility Commission operating assessments required by
ORS 756.310 or charges paid to the Residential Service Protection
Fund required by chapter 290, Oregon Laws 1987.
Enrolled Senate Bill 303 (SB 303-A) Page 18
(L) Fees charged by the Housing and Community Services
Department for intellectual property pursuant to ORS 456.562.
(3)(a) Fees temporarily decreased for competitive or
promotional reasons or because of unexpected and temporary
revenue surpluses may be restored to their normal level if, at
the time the fee is decreased, the state agency specifies the
following:
(A) The reason for the fee decrease; and
(B) The conditions under which the fee will be restored to its
normal level.
(b) Fees that are decreased for reasons other than those
described in paragraph (a) of this subsection may not be
subsequently increased except as allowed by ORS 291.050 to
291.060 and 294.160.
SECTION 24e. If House Bill 2062 becomes law, ORS 291.055, as
amended by section 14, chapter ___, Oregon Laws 2005 (Enrolled
House Bill 2062), and section 24d of this 2005 Act, is amended to
read:
291.055. (1) Notwithstanding any other law that grants to a
state agency the authority to establish fees, all new state
agency fees or fee increases adopted after July 1 of any
odd-numbered year:
(a) Are not effective for agencies in the executive department
of government unless approved in writing by the Director of the
Oregon Department of Administrative Services;
(b) Are not effective for agencies in the judicial department
of government unless approved in writing by the Chief Justice of
the Supreme Court;
(c) Are not effective for agencies in the legislative
department of government unless approved in writing by the
President of the Senate and the Speaker of the House of
Representatives;
(d) Shall be reported by the state agency to the Oregon
Department of Administrative Services within 10 days of their
adoption; and
(e) Are rescinded on July 1 of the next following odd-numbered
year, or on adjournment sine die of the regular session of the
Legislative Assembly meeting in that year, whichever is later,
unless otherwise authorized by enabling legislation setting forth
the approved fees.
(2) This section does not apply to:
(a) Any tuition or fees charged by the State Board of Higher
Education and state institutions of higher education.
(b) Taxes or other payments made or collected from employers
for unemployment insurance required by ORS chapter 657 or premium
assessments required by ORS 656.612 and 656.614 or contributions
and assessments calculated by cents per hour for workers'
compensation coverage required by ORS 656.506.
(c) Fees or payments required for:
(A) Health care services provided by the Oregon Health and
Science University, by the Oregon Veterans' Homes and by other
state agencies and institutions pursuant to ORS 179.610 to
179.770.
(B) Assessments and premiums paid to the Oregon Medical
Insurance Pool established by ORS 735.614 and 735.625.
(C) Copayments and premiums paid to the Oregon medical
assistance program.
{ - (D) Assessments paid to the Office of Private Health
Partnerships under section 12, chapter ___, Oregon Laws 2005
(Enrolled House Bill 2062). - }
Enrolled Senate Bill 303 (SB 303-A) Page 19
(d) Fees created or authorized by statute that have no
established rate or amount but are calculated for each separate
instance for each fee payer and the fee assessed is based on
actual cost of services provided.
(e) State agency charges on employees for benefits and
services.
(f) Any intergovernmental charges.
(g) Forest protection district assessment rates established by
ORS 477.210 to 477.265 and the Oregon Forest Land Protection Fund
fees established by ORS 477.760.
(h) State Department of Energy assessments required by ORS
469.421 (8) and 469.681.
(i) Any charges established by the Oregon State Fair and
Exposition Center in accordance with ORS 565.080 (3).
(j) Assessments on premiums charged by the Insurance Division
of the Department of Consumer and Business Services pursuant to
ORS 731.804 or fees charged by the Division of Finance and
Corporate Securities of the Department of Consumer and Business
Services to banks, trusts and credit unions pursuant to ORS
706.530 and 723.114.
(k) Public Utility Commission operating assessments required by
ORS 756.310 or charges paid to the Residential Service Protection
Fund required by chapter 290, Oregon Laws 1987.
(L) Fees charged by the Housing and Community Services
Department for intellectual property pursuant to ORS 456.562.
(3)(a) Fees temporarily decreased for competitive or
promotional reasons or because of unexpected and temporary
revenue surpluses may be restored to their normal level if, at
the time the fee is decreased, the state agency specifies the
following:
(A) The reason for the fee decrease; and
(B) The conditions under which the fee will be restored to its
normal level.
(b) Fees that are decreased for reasons other than those
described in paragraph (a) of this subsection may not be
subsequently increased except as allowed by ORS 291.050 to
291.060 and 294.160.
SECTION 24f. { + The amendments to ORS 291.055 by section 24e
of this 2005 Act become operative on January 2, 2008. + }
SECTION 25. ORS 735.724 is amended to read:
735.724. (1) To enroll in the Family Health Insurance
Assistance Program established in ORS 735.720 to 735.740, an
applicant shall submit a written application to the
{ - Insurance Pool Governing Board - } { + Office of Private
Health Partnerships + } or to the third-party administrator
contracted by the { - board - } { + office + } to administer
the program pursuant to ORS 735.722 in the form and manner
prescribed by the { - board - } { + office + }. Except as
provided in ORS 735.728, if the applicant qualifies as an
eligible individual, the applicant shall either be enrolled in
the program or placed on a waiting list for enrollment.
(2) After an eligible individual has enrolled in the program,
the individual shall remain eligible for enrollment for the
period of time established by the { - board - } { +
office + }.
(3) After an eligible individual has enrolled in the program,
the { - board - } { + office + } or third-party administrator
shall issue subsidies in an amount determined pursuant to ORS
735.726 to either the eligible individual or to the { - health
Enrolled Senate Bill 303 (SB 303-A) Page 20
insurance - } carrier designated by the eligible individual,
subject to the following restrictions:
(a) Subsidies may not be issued to an eligible individual
unless all children, if any, in the eligible individual's family
are covered under a health benefit plan or Medicaid.
(b) Subsidies may not be used to subsidize premiums on a health
benefit plan whose premiums are wholly paid by the eligible
individual's employer without contribution from the employee.
(c) Such other restrictions as the { - board - }
{ + office + } may adopt.
(4) The { - board - } { + office + } may issue subsidies to
an eligible individual in advance of a purchase of a health
benefit plan.
(5) To remain eligible for a subsidy, an eligible individual
must enroll in a group health benefit plan if a plan is available
to the eligible individual through the individual's employment
and the employer makes a monetary contribution toward the cost of
the plan, unless the { - board - } { + office + } implements
specific cost or benefit structure criteria that make enrollment
in an individual health insurance plan more advantageous for the
eligible individual.
(6) Notwithstanding ORS 735.720 { - (3) - } { + (4) + }(b),
if an eligible individual is enrolled in a group health benefit
plan available to the eligible individual through the
individual's employment and the employer requires enrollment in
both a health benefit plan and a dental plan, the individual is
eligible for a subsidy for both the health benefit plan and the
dental plan.
SECTION 26. ORS 735.726 is amended to read:
735.726. (1) The { - Insurance Pool Governing Board - }
{ + Office of Private Health Partnerships + }shall determine
the level of assistance to be granted under ORS 735.724 based on
a sliding scale that considers:
(a) Family size;
(b) Family income;
(c) The number of members of a family who will receive health
benefit plan coverage subsidized through the Family Health
Insurance Assistance Program; and
(d) Such other factors as the { - board - } { + office + }
may establish.
(2) Notwithstanding the sliding scale established in subsection
(1) of this section, the { - board - } { + office + } may
establish different assistance levels for otherwise similarly
situated eligible individuals based on factors including but not
limited to whether the individual is enrolled in an
employer-sponsored group health benefit plan or an individual
health benefit plan.
SECTION 27. ORS 735.728 is amended to read:
735.728. (1) Notwithstanding eligibility criteria and subsidy
amounts established pursuant to ORS 735.720 to 735.740, subsidies
shall be provided only to the extent the Legislative Assembly
specifically appropriates funds to provide such assistance.
(2) The { - Insurance Pool Governing Board - } { + Office
of Private Health Partnerships + } shall prohibit or limit
enrollment in the Family Health Insurance Assistance Program to
ensure that program expenditures are within legislatively
appropriated amounts. Prohibitions or limitations allowed under
this section may include but are not limited to:
(a) Lowering the allowable income level necessary to qualify as
an eligible individual; and
Enrolled Senate Bill 303 (SB 303-A) Page 21
(b) Establishing a waiting list of eligible individuals who
shall receive subsidies only when sufficient funds are available.
SECTION 28. ORS 735.730 is amended to read:
735.730. The { - Insurance Pool Governing Board - }
{ + Office of Private Health Partnerships + }may, based on the
recommendation of the Administrator of the Office for Oregon
Health Policy and Research, establish minimum benefit
requirements for individual health benefit plans subject to
subsidy pursuant to the Family Health Insurance Assistance
Program, including but not limited to the type of services
covered and the amount of cost-sharing to be allowed.
SECTION 29. ORS 735.731 is amended to read:
735.731. (1) The Family Health Insurance Assistance Program
shall provide coverage of age-appropriate immunizations or other
health care services when an eligible individual is enrolled in a
health benefit plan that does not provide coverage of
age-appropriate immunizations or other health care services
required by the state medical assistance program and the eligible
individual is receiving a subsidy described in ORS 414.839.
(2) The { - Insurance Pool Governing Board - } { + Office
of Private Health Partnerships + }shall adopt rules implementing
subsection (1) of this section.
SECTION 30. ORS 735.732 is amended to read:
735.732. (1) Except as otherwise provided in this section { +
and ORS 735.710 + }, { + the Office of Private Health
Partnerships may not disclose + } information provided to the
{ - Insurance Pool Governing Board - } { + office + } as part
of an application for enrollment in the Family Health Insurance
Assistance Program { - shall remain confidential - } .
(2) The { - board - } { + office + } may exchange
information provided to the { - board - } { + office + } with
other state and federal agencies for the purposes of verifying
eligibility for the program, improving provision of services and
identifying economic trends relevant to administration of the
program.
(3) In accordance with applicable state and federal law, the
{ - board - } { + office + } may require applicants to
provide their Social Security numbers and use those numbers in
the administration of the program.
SECTION 31. ORS 735.733 is amended to read:
735.733. The { - Insurance Pool Governing Board - }
{ + Office of Private Health Partnerships + } shall establish at
least one basic benchmark health benefit plan that qualifies for
a subsidy described by ORS 414.839. In establishing a basic
benchmark plan, the { - board - } { + office + } shall
consider employer-sponsored health benefit plans offered to
employees and dependents of employees in Oregon.
SECTION 32. ORS 735.734 is amended to read:
735.734. The { - Insurance Pool Governing Board - } { +
Office of Private Health Partnerships + }, in consultation with
the Administrator of the Office for Oregon Health Policy and
Research { + and the Department of Human Services + }, shall
adopt all rules necessary for the implementation and operation of
the Family Health Insurance Assistance Program.
SECTION 33. ORS 735.736 is amended to read:
735.736. There is established in the State Treasury the Family
Health Insurance Assistance Program Account, which shall consist
of moneys appropriated to the account by the Legislative Assembly
and interest earnings from the investment of moneys in the
account. All moneys in the Family Health Insurance Assistance
Enrolled Senate Bill 303 (SB 303-A) Page 22
Program Account are continuously appropriated to the
{ - Insurance Pool Governing Board - } { + Office of Private
Health Partnerships + } to carry out the provisions of ORS
735.720 to 735.740.
SECTION 34. ORS 735.740 is amended to read:
735.740. (1) The { - Insurance Pool Governing Board - }
{ + Office of Private Health Partnerships + } may impose
sanctions against an individual who violates any provision of ORS
735.720 to 735.740 or rules adopted thereto, including but not
limited to suspension or termination from the Family Health
Insurance Assistance Program and repayment of any subsidy amounts
paid due to the omission or misrepresentation of an applicant or
enrolled individual. Sanctions allowed under this subsection
shall be imposed in the manner prescribed in ORS chapter 183.
(2) In addition to the sanctions available pursuant to
subsection (1) of this section, the { - board - }
{ + office + } may impose a civil penalty not to exceed $1,000
against any individual who violates any provision of ORS 735.720
to 735.740 or rules adopted pursuant thereto. Civil penalties
imposed pursuant to this section shall be imposed pursuant to ORS
183.745.
SECTION 35. ORS 735.750 is amended to read:
735.750. As used in ORS 735.750 to 735.756:
(1) 'Benefits plan' has the meaning given that term in ORS
735.605.
(2) 'Other costs' means costs incurred by the Oregon Medical
Insurance Pool that are not covered by the premiums received by
the pool for a subsidized member.
(3) 'Premium' has the meaning given that term in ORS 735.700.
(4) 'Subsidized member' means a medical assistance program
client who is enrolled in a benefits plan and who is receiving a
subsidy from the Family Health Insurance Assistance Program
{ - of the Insurance Pool Governing Board - } established in
ORS 735.720 to 735.740.
(5) 'Subsidy' has the meaning given that term in ORS 735.720.
SECTION 36. ORS 735.754 is amended to read:
735.754. (1) In order to increase public subsidies for the
purchase of health insurance coverage provided by public programs
or private insurance described by ORS 414.839, the
{ - Insurance Pool Governing Board - } { + Office of Private
Health Partnerships + }, the Oregon Medical Insurance Pool Board
and the Department of Human Services shall work cooperatively to
obtain federal matching dollars. The
{ - Insurance Pool Governing Board - } { + office + }, the
Oregon Medical Insurance Pool Board and the department shall
develop a system for payment or reimbursement of other costs and
subsidies provided to subsidized members.
(2) For each subsidized member, the Oregon Medical Insurance
Pool Board shall determine:
(a) The full cost of administering the benefits plan of the
subsidized member; and
(b) The amount of other costs.
(3) The Oregon Medical Insurance Pool Board shall bill the
Family Health Insurance Assistance Program for the total amount
of the premium received by the Oregon Medical Insurance Pool
Board and for the amount of other costs. The program shall
forward the bill to the department.
(4) The department shall pay the program an amount equal to the
portion of the premium that is a subsidy and for other costs.
Enrolled Senate Bill 303 (SB 303-A) Page 23
The program shall forward the payment to the Oregon Medical
Insurance Pool Board.
SECTION 37. ORS 414.831 is amended to read:
414.831. The { - Insurance Pool Governing Board - }
{ + Office of Private Health Partnerships + }shall focus on
expanding group coverage provided by the Family Health Insurance
Assistance Program.
SECTION 38. ORS 743.730 is amended to read:
743.730. As used in ORS 743.730 to 743.773:
(1) 'Actuarial certification' means a written statement by a
member of the American Academy of Actuaries or other individual
acceptable to the Director of the Department of Consumer and
Business Services that a carrier is in compliance with the
provisions of ORS 743.736, 743.760 or 743.761, based upon the
person's examination, including a review of the appropriate
records and of the actuarial assumptions and methods used by the
carrier in establishing premium rates for small employer and
portability health benefit plans.
(2) 'Affiliate' of, or person 'affiliated' with, a specified
person means any carrier who, directly or indirectly through one
or more intermediaries, controls or is controlled by or is under
common control with a specified person. For purposes of this
definition, 'control' has the meaning given that term in ORS
732.548.
(3) 'Affiliation period' means, under the terms of a group
health benefit plan issued by a health care service contractor, a
period:
(a) That is applied uniformly and without regard to any health
status related factors to an enrollee or late enrollee in lieu of
a preexisting conditions provision;
(b) That must expire before any coverage becomes effective
under the plan for the enrollee or late enrollee;
(c) During which no premium shall be charged to the enrollee or
late enrollee; and
(d) That begins on the enrollee's or late enrollee's first date
of eligibility for coverage and runs concurrently with any
eligibility waiting period under the plan.
(4) 'Basic health benefit plan' means a health benefit plan for
small employers that is required to be offered by all small
employer carriers and approved by the Director of the Department
of Consumer and Business Services in accordance with ORS 743.736.
(5) 'Bona fide association' means an association that meets the
requirements of 42 U.S.C. 300gg-11 as amended and in effect on
July 1, 1997.
(6) 'Carrier' means any person who provides health benefit
plans in this state, including a licensed insurance company, a
health care service contractor, a health maintenance
organization, an association or group of employers that provides
benefits by means of a multiple employer welfare arrangement or
any other person or corporation responsible for the payment of
benefits or provision of services.
(7) 'Committee' means the Health Insurance Reform Advisory
Committee created under ORS 743.745.
(8) 'Creditable coverage' means prior health care coverage as
defined in 42 U.S.C. 300gg as amended and in effect on July 1,
1997, and includes coverage remaining in force at the time the
enrollee obtains new coverage.
(9) 'Department' means the Department of Consumer and Business
Services.
Enrolled Senate Bill 303 (SB 303-A) Page 24
(10) 'Dependent' means the spouse or child of an eligible
employee, subject to applicable terms of the health benefit plan
covering the employee.
(11) 'Director' means the Director of the Department of
Consumer and Business Services.
(12) 'Eligible employee' means an employee of a small employer
who works on a regularly scheduled basis, with a normal work week
of 17.5 or more hours. The employer may determine hours worked
for eligibility between 17.5 and 40 hours per week subject to
rules of the carrier. 'Eligible employee' includes sole
proprietors, partners of a partnership, leased workers as defined
in ORS 743.522 or independent contractors if they are included as
employees under a health benefit plan of a small employer but
does not include employees who work on a temporary, seasonal or
substitute basis. Employees who have been employed by the small
employer for fewer than 90 days are not eligible employees unless
the small employer so allows.
(13) 'Enrollee' means an employee, dependent of the employee or
an individual otherwise eligible for a group, individual or
portability health benefit plan who has enrolled for coverage
under the terms of the plan.
(14) 'Exclusion period' means a period during which specified
treatments or services are excluded from coverage.
(15) 'Financially impaired' means a member that is not
insolvent and is:
(a) Considered by the Director of the Department of Consumer
and Business Services to be potentially unable to fulfill its
contractual obligations; or
(b) Placed under an order of rehabilitation or conservation by
a court of competent jurisdiction.
(16)(a) 'Geographic average rate' means the arithmetical
average of the lowest premium and the corresponding highest
premium to be charged by a carrier in a geographic area
established by the director for the carrier's:
(A) Small employer group health benefit plans;
(B) Individual health benefit plans; or
(C) Portability health benefit plans.
(b) 'Geographic average rate' does not include premium
differences that are due to differences in benefit design or
family composition.
(17) 'Group eligibility waiting period' means, with respect to
a group health benefit plan, the period of employment or
membership with the group that a prospective enrollee must
complete before plan coverage begins.
(18)(a) 'Health benefit plan' means any hospital expense,
medical expense or hospital or medical expense policy or
certificate, health care service contractor or health maintenance
organization subscriber contract, any plan provided by a multiple
employer welfare arrangement or by another benefit arrangement
defined in the federal Employee Retirement Income Security Act of
1974, as amended.
(b) 'Health benefit plan' does not include coverage for
accident only, specific disease or condition only, credit,
disability income, coverage of Medicare services pursuant to
contracts with the federal government, Medicare supplement
insurance policies, coverage of CHAMPUS services pursuant to
contracts with the federal government, benefits delivered through
a flexible spending arrangement established pursuant to section
125 of the Internal Revenue Code of 1986, as amended, when the
benefits are provided in addition to a group health benefit plan,
Enrolled Senate Bill 303 (SB 303-A) Page 25
long term care insurance, hospital indemnity only, short term
health insurance policies (the duration of which does not exceed
six months including renewals), student accident and health
insurance policies, dental only, vision only, a policy of
stop-loss coverage that meets the requirements of ORS 742.065,
coverage issued as a supplement to liability insurance, insurance
arising out of a workers' compensation or similar law, automobile
medical payment insurance or insurance under which benefits are
payable with or without regard to fault and that is statutorily
required to be contained in any liability insurance policy or
equivalent self-insurance.
(c) Nothing in this subsection shall be construed to regulate
any employee welfare benefit plan that is exempt from state
regulation because of the federal Employee Retirement Income
Security Act of 1974, as amended.
(19) 'Health statement' means any information that is intended
to inform the carrier or insurance producer of the health status
of an enrollee or prospective enrollee in a health benefit plan.
'Health statement' includes the standard health statement
developed by the Health Insurance Reform Advisory Committee.
(20) 'Implementation of chapter 836, Oregon Laws 1989 ' means
that the Health Services Commission has prepared a priority list,
the Legislative Assembly has enacted funding of the list and all
necessary federal approval, including waivers, has been obtained.
(21) 'Individual coverage waiting period' means a period in an
individual health benefit plan during which no premiums may be
collected and health benefit plan coverage issued is not
effective.
(22) 'Initial enrollment period' means a period of at least 30
days following commencement of the first eligibility period for
an individual.
{ - (23) 'Insurance Pool Governing Board' means the Insurance
Pool Governing Board established by ORS 735.704. - }
{ - (24) - } { + (23) + } 'Late enrollee' means an
individual who enrolls in a group health benefit plan subsequent
to the initial enrollment period during which the individual was
eligible for coverage but declined to enroll. However, an
eligible individual shall not be considered a late enrollee if:
(a) The individual qualifies for a special enrollment period in
accordance with 42 U.S.C. 300gg as amended and in effect on July
1, 1997;
(b) The individual applies for coverage during an open
enrollment period;
(c) A court has ordered that coverage be provided for a spouse
or minor child under a covered employee's health benefit plan and
request for enrollment is made within 30 days after issuance of
the court order;
(d) The individual is employed by an employer who offers
multiple health benefit plans and the individual elects a
different health benefit plan during an open enrollment period;
or
(e) The individual's coverage under Medicaid, Medicare,
CHAMPUS, Indian Health Service or a publicly sponsored or
subsidized health plan, including but not limited to the Oregon
Health Plan, has been involuntarily terminated within 63 days of
applying for coverage in a group health benefit plan.
{ - (25) - } { + (24) + } 'Multiple employer welfare
arrangement' means a multiple employer welfare arrangement as
defined in section 3 of the federal Employee Retirement Income
Enrolled Senate Bill 303 (SB 303-A) Page 26
Security Act of 1974, as amended, 29 U.S.C. 1002, that is subject
to ORS 750.301 to 750.341.
{ - (26) - } { + (25) + } 'Oregon Medical Insurance Pool'
means the pool created under ORS 735.610.
{ - (27) - } { + (26) + } 'Preexisting conditions
provision' means a health benefit plan provision applicable to an
enrollee or late enrollee that excludes coverage for services,
charges or expenses incurred during a specified period
immediately following enrollment for a condition for which
medical advice, diagnosis, care or treatment was recommended or
received during a specified period immediately preceding
enrollment. For purposes of ORS 743.730 to 743.773:
(a) Pregnancy does not constitute a preexisting condition
except as provided in ORS 743.766;
(b) Genetic information does not constitute a preexisting
condition in the absence of a diagnosis of the condition related
to such information; and
(c) A preexisting conditions provision shall not be applied to
a newborn child or adopted child who obtains coverage in
accordance with ORS 743.707.
{ - (28) - } { + (27) + } 'Premium' includes insurance
premiums or other fees charged for a health benefit plan,
including the costs of benefits paid or reimbursements made to or
on behalf of enrollees covered by the plan.
{ - (29) - } { + (28) + } 'Rating period' means the
12-month calendar period for which premium rates established by a
carrier are in effect, as determined by the carrier.
{ - (30) - } { + (29) + } 'Small employer' means any
person, firm, corporation, partnership or association actively
engaged in business that, on at least 50 percent of its working
days during the preceding year, employed no more than 25 eligible
employees and no fewer than two eligible employees, the majority
of whom are employed within this state, and in which a bona fide
partnership, independent contractor or employer-employee
relationship exists. ' Small employer' includes companies that
are eligible to file a consolidated tax return pursuant to ORS
317.715.
{ - (31) - } { + (30) + } 'Small employer carrier' means
any carrier that offers health benefit plans covering eligible
employees of one or more small employers. A fully insured
multiple employer welfare arrangement otherwise exempt under ORS
750.303 (4) may elect to be a small employer carrier governed by
the provisions of ORS 743.733 to 743.737.
SECTION 39. Section 5, chapter 742, Oregon Laws 2003, is
amended to read:
{ + Sec. 5. + } (1) The { - Insurance Pool Governing
Board - } { + Office of Private Health Partnerships + }shall
submit to the Director of the Department of Consumer and Business
Services any information requested by the director for the
purpose of assessing the impact of the amendments to ORS 735.700,
735.702 and 735.710 by sections 1, 2 and 3 { + , chapter 742,
Oregon Laws 2003 + } { - of this 2003 Act - } .
(2) The { - board - } { + office + } shall report the
results of the assessment conducted under subsection (1) of this
section to the Seventy-fourth Legislative Assembly. The report
shall include, but not be limited to:
(a) The demographics of small employers obtaining health
benefit plans from the { - board - } { + office + };
Enrolled Senate Bill 303 (SB 303-A) Page 27
(b) The carriers with whom the { - board - } { + office + }
has contracts to offer health benefit plans for small employers;
and
(c) The premiums charged for health benefit plans for small
employers.
SECTION 40. Section 2b, chapter 742, Oregon Laws 2003, is
amended to read:
{ + Sec. 2b. + } Health benefit plans for small employers
offered by the { - Insurance Pool Governing Board - } { +
Office of Private Health Partnerships + } under ORS 735.710 (8)
that are not eligible for a subsidy under ORS 735.724 may be
offered only to small employers that did not provide a health
benefit plan for eligible employees on July 1, 2003, and to small
employers that begin business operations on or after { - the
effective date of this 2003 Act - } { + September 2, 2003 + }.
SECTION 41. { + ORS 735.704 and 735.708 are repealed. + }
SECTION 42. { + ORS 735.700, 735.702, 735.706, 735.710 and
735.714 are added to and made a part of ORS 735.700 to
735.714. + }
SECTION 43. { + Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12
of this 2005 Act, the amendments to ORS 414.831, 735.700,
735.702, 735.706, 735.710, 735.712, 735.714, 735.720, 735.722,
735.724, 735.726, 735.728, 735.730, 735.731, 735.732, 735.733,
735.734, 735.736, 735.740, 735.750, 735.754 and 743.730 and
sections 2b and 5, chapter 742, Oregon Laws 2003, by sections 14,
16, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33,
34, 35, 36, 37, 38, 39 and 40 of this 2005 Act and the repeal of
ORS 735.704 and 735.708 by section 41 of this 2005 Act become
operative on January 1, 2006. + }
SECTION 44. { + 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. + }
----------
Passed by Senate April 7, 2005
Repassed by Senate August 1, 2005
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House August 1, 2005
...........................................................
Speaker of House
Enrolled Senate Bill 303 (SB 303-A) Page 28
Received by Governor:
......M.,............., 2005
Approved:
......M.,............., 2005
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2005
...........................................................
Secretary of State
Enrolled Senate Bill 303 (SB 303-A) Page 29