74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2348
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Judiciary for Governor Theodore R. Kulongoski)
CHAPTER ................
AN ACT
Relating to health insurance policies; creating new provisions;
and amending ORS 743.480 and 750.055.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 743.480 is amended to read:
743.480. { - A health insurance policy may contain a
provision as follows: 'INTOXICANTS AND CONTROLLED SUBSTANCES: The
insurer shall not be liable for any loss sustained or contracted
in consequence of the insured's being intoxicated or under the
influence of any controlled substance unless administered on the
advice of a physician.' - } { + A health insurance policy other
than a disability income policy shall provide coverage or
reimbursement of expenses for the medical treatment of injuries
or illnesses caused in whole or in part by the insured's use of
alcohol or a controlled substance to the same extent as and
subject to limitations no more restrictive than those imposed on
coverage or reimbursement of expenses arising from treatment of
injuries or illnesses not caused by an insured's use of alcohol
or a controlled substance. + }
SECTION 2. ORS 750.055 is amended to read:
750.055. (1) The following provisions of the Insurance Code
apply to health care service contractors to the extent not
inconsistent with the express provisions of ORS 750.005 to
750.095:
(a) ORS 705.137, 705.139, 731.004 to 731.150, 731.162, 731.216
to 731.362, 731.382, 731.385, 731.386, 731.390, 731.398 to
731.430, 731.428, 731.450, 731.454, 731.488, 731.504, 731.508,
731.509, 731.510, 731.511, 731.512, 731.574 to 731.620, 731.592,
731.594, 731.640 to 731.652, 731.730, 731.731, 731.735, 731.737,
731.750, 731.752, 731.804 and 731.844 to 731.992.
(b) ORS 732.215, 732.220, 732.230, 732.245, 732.250, 732.320,
732.325 and 732.517 to 732.592, not including ORS 732.582.
(c) ORS 733.010 to 733.050, 733.080, 733.140 to 733.170,
733.210, 733.510 to 733.680 and 733.695 to 733.780.
(d) ORS chapter 734.
(e) ORS 742.001 to 742.009, 742.013, 742.061, 742.065, 742.150
to 742.162, 742.400, 742.520 to 742.540, 743.010, 743.013,
743.018 to 743.030, 743.050, 743.100 to 743.109, 743.402,
743.412, 743.472, { + 743.480, + } 743.492, 743.495, 743.498,
743.522, 743.523, 743.524, 743.526, 743.527, 743.528, 743.529,
743.549 to 743.552, 743.556, 743.560, 743.600 to 743.610, 743.650
Enrolled House Bill 2348 (HB 2348-A) Page 1
to 743.656, 743.691, 743.693, 743.694, 743.697, 743.699, 743.701,
743.706 to 743.712, 743.721, 743.722, 743.726, 743.727, 743.728,
743.729, 743.793, 743.804, 743.807, 743.808, 743.814 to 743.839,
743.842, 743.845, 743.847, 743.854, 743.856, 743.857, 743.858,
743.859, 743.861, 743.862, 743.863, 743.864, 743.866 and 743.868.
(f) The provisions of ORS chapter 744 relating to the
regulation of insurance producers.
(g) ORS 746.005 to 746.140, 746.160, 746.220 to 746.370,
746.600, 746.605, 746.607, 746.608, 746.610, 746.615, 746.625,
746.635, 746.650, 746.655, 746.660, 746.668, 746.670, 746.675,
746.680 and 746.690.
(h) ORS 743.714, except in the case of group practice health
maintenance organizations that are federally qualified pursuant
to Title XIII of the Public Health Service Act unless the patient
is referred by a physician associated with a group practice
health maintenance organization.
(i) ORS 735.600 to 735.650.
(j) ORS 743.680 to 743.689.
(k) ORS 744.700 to 744.740.
(L) ORS 743.730 to 743.773.
(m) ORS 731.485, except in the case of a group practice health
maintenance organization that is federally qualified pursuant to
Title XIII of the Public Health Service Act and that wholly owns
and operates an in-house drug outlet.
(2) For the purposes of this section, health care service
contractors shall be deemed insurers.
(3) Any for-profit health care service contractor organized
under the laws of any other state that is not governed by the
insurance laws of the other state is subject to all requirements
of ORS chapter 732.
(4) The Director of the Department of Consumer and Business
Services may, after notice and hearing, adopt reasonable rules
not inconsistent with this section and ORS 750.003, 750.005,
750.025 and 750.045 that are deemed necessary for the proper
administration of these provisions.
SECTION 3. ORS 750.055, as amended by section 7, chapter 137,
Oregon Laws 2003, section 3, chapter 263, Oregon Laws 2003,
sections 501 and 502, chapter 22, Oregon Laws 2005, sections 5
and 6, chapter 255, Oregon Laws 2005, and section 5, chapter 418,
Oregon Laws 2005, is amended to read:
750.055. (1) The following provisions of the Insurance Code
apply to health care service contractors to the extent not
inconsistent with the express provisions of ORS 750.005 to
750.095:
(a) ORS 705.137, 705.139, 731.004 to 731.150, 731.162, 731.216
to 731.362, 731.382, 731.385, 731.386, 731.390, 731.398 to
731.430, 731.428, 731.450, 731.454, 731.488, 731.504, 731.508,
731.509, 731.510, 731.511, 731.512, 731.574 to 731.620, 731.592,
731.594, 731.640 to 731.652, 731.730, 731.731, 731.735, 731.737,
731.750, 731.752, 731.804 and 731.844 to 731.992.
(b) ORS 732.215, 732.220, 732.230, 732.245, 732.250, 732.320,
732.325 and 732.517 to 732.592, not including ORS 732.582.
(c) ORS 733.010 to 733.050, 733.080, 733.140 to 733.170,
733.210, 733.510 to 733.680 and 733.695 to 733.780.
(d) ORS chapter 734.
(e) ORS 742.001 to 742.009, 742.013, 742.061, 742.065, 742.150
to 742.162, 742.400, 742.520 to 742.540, 743.010, 743.013,
743.018 to 743.030, 743.050, 743.100 to 743.109, 743.402,
743.412, 743.472, { + 743.480, + } 743.492, 743.495, 743.498,
743.522, 743.523, 743.524, 743.526, 743.527, 743.528, 743.529,
Enrolled House Bill 2348 (HB 2348-A) Page 2
743.549 to 743.552, 743.556, 743.560, 743.600 to 743.610, 743.650
to 743.656, 743.691, 743.693, 743.694, 743.697, 743.699, 743.701,
743.706 to 743.712, 743.721, 743.722, 743.727, 743.728, 743.729,
743.793, 743.804, 743.807, 743.808, 743.814 to 743.839, 743.842,
743.845, 743.847, 743.854, 743.856, 743.857, 743.858, 743.859,
743.861, 743.862, 743.863, 743.864, 743.866 and 743.868.
(f) The provisions of ORS chapter 744 relating to the
regulation of insurance producers.
(g) ORS 746.005 to 746.140, 746.160, 746.220 to 746.370,
746.600, 746.605, 746.607, 746.608, 746.610, 746.615, 746.625,
746.635, 746.650, 746.655, 746.660, 746.668, 746.670, 746.675,
746.680 and 746.690.
(h) ORS 743.714, except in the case of group practice health
maintenance organizations that are federally qualified pursuant
to Title XIII of the Public Health Service Act unless the patient
is referred by a physician associated with a group practice
health maintenance organization.
(i) ORS 735.600 to 735.650.
(j) ORS 743.680 to 743.689.
(k) ORS 744.700 to 744.740.
(L) ORS 743.730 to 743.773.
(m) ORS 731.485, except in the case of a group practice health
maintenance organization that is federally qualified pursuant to
Title XIII of the Public Health Service Act and that wholly owns
and operates an in-house drug outlet.
(2) For the purposes of this section, health care service
contractors shall be deemed insurers.
(3) Any for-profit health care service contractor organized
under the laws of any other state that is not governed by the
insurance laws of the other state is subject to all requirements
of ORS chapter 732.
(4) The Director of the Department of Consumer and Business
Services may, after notice and hearing, adopt reasonable rules
not inconsistent with this section and ORS 750.003, 750.005,
750.025 and 750.045 that are deemed necessary for the proper
administration of these provisions.
SECTION 4. { + The amendments to ORS 743.480 by section 1 of
this 2007 Act do not apply to a policy, contract, subscriber
agreement, rider or indorsement delivered or issued for delivery
in this state by an insurer before the effective date of this
2007 Act. However, the amendments to ORS 743.480 by section 1 of
this 2007 Act apply to a new, and to a renewal or extension of an
existing, policy, contract, subscriber agreement, rider or
indorsement delivered or issued for delivery in this state by an
insurer on or after the effective date of this 2007 Act. + }
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Enrolled House Bill 2348 (HB 2348-A) Page 3
Passed by House March 7, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate April 2, 2007
...........................................................
President of Senate
Enrolled House Bill 2348 (HB 2348-A) Page 4
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2348 (HB 2348-A) Page 5