74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
 
                            Enrolled
 
                         House Bill 3321
 
Sponsored by Representative ROSENBAUM; Representative HUNT
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to health insurance; creating new provisions; amending
  ORS 731.146, 731.484, 731.486, 743.734 and 743.748; and
  declaring an emergency.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 731.146 is amended to read:
  731.146. (1) 'Transact insurance' means one or more of the
following acts effected by mail or otherwise:
  (a) Making or proposing to make an insurance contract.
  (b) Taking or receiving any application for insurance.
  (c) Receiving or collecting any premium, commission, membership
fee, assessment, due or other consideration for any insurance or
any part thereof.
  (d) Issuing or delivering policies of insurance.
  (e) Directly or indirectly acting as an insurance producer for,
or otherwise representing or aiding on behalf of another, any
person in the solicitation, negotiation, procurement or
effectuation of insurance or renewals thereof, the dissemination
of information as to coverage or rates, the forwarding of
applications, the delivering of policies, the inspection of
risks, the fixing of rates, the investigation or adjustment of
claims or losses, the transaction of matters subsequent to
effectuation of the policy and arising out of it, or in any other
manner representing or assisting a person with respect to
insurance.
  (f) Advertising locally or circularizing therein without regard
for the source of such circularization, whenever such advertising
or circularization is for the purpose of solicitation of
insurance business.
  (g) Doing any other kind of business specifically recognized as
constituting the doing of an insurance business within the
meaning of the Insurance Code.
  (h) Doing or proposing to do any insurance business in
substance equivalent to any of paragraphs (a) to (g) of this
subsection in a manner designed to evade the provisions of the
Insurance Code.
  (2) Subsection (1) of this section does not include, apply to
or affect the following:
  (a) Making investments within a state by an insurer not
admitted or authorized to do business within such state.
  (b) Except as provided in ORS 743.015, doing or proposing to do
any insurance business arising out of a policy of group life
insurance   { - or group health insurance, or both, - }  or a
 
 
Enrolled House Bill 3321 (HB 3321-B)                       Page 1
 
 
 
policy of blanket health insurance, if the master policy was
validly issued to cover a group organized primarily for purposes
other than the procurement of insurance and was delivered in and
pursuant to the laws of another state in which:
  (A) The insurer was authorized to do an insurance business;
  (B) The policyholder is domiciled or otherwise has a bona fide
situs; and
  (C) With respect to a policy of blanket health insurance, the
policy was approved by the director of such state.
   { +  (c) Except as provided in ORS 743.015, doing or proposing
to do any insurance business arising out of a policy of group
health insurance, if the master policy was validly issued to
cover an employer group other than an association, trust or
multiple employer welfare arrangement and was delivered in and
pursuant to the laws of another state in which:
  (A) The insurer was authorized to do an insurance business; and
  (B) The policyholder is domiciled or otherwise has a bona fide
situs. + }
    { - (c) - }   { + (d) + } Investigating, settling, or
litigating claims under policies lawfully written within a state,
or liquidating assets and liabilities, all resulting from the
insurer's former authorized operations within such state.
    { - (d) - }   { + (e) + } Transactions within a state under a
policy subsequent to its issuance if the policy was lawfully
solicited, written and delivered outside the state and did not
cover a subject of insurance resident, located or to be performed
in the state when issued.
    { - (e) - }   { + (f) + } The continuation and servicing of
life or health insurance policies remaining in force on residents
of a state if the insurer has withdrawn from such state and is
not transacting new insurance therein.
  (3) If mail is used, an act shall be deemed to take place at
the point where the matter transmitted by mail is delivered and
takes effect.
  SECTION 2. ORS 731.484 is amended to read:
  731.484. (1) No insurer or insurance producer selling a policy
of group life insurance or group health insurance subject to
 { - the - }   { + an + } exemption in ORS 731.146 (2)(b)  { + or
(c) + } is authorized to sell membership in a group for the
purpose of qualifying an applicant who is an individual for the
insurance.
  (2) No insurer or insurance producer selling membership in a
group is authorized to offer a policy of group life insurance or
group health insurance subject to   { - the - }   { + an + }
exemption in ORS 731.146 (2)(b)  { + or (c) + } for the purpose
of selling membership in the group.
  SECTION 3. ORS 731.486 is amended to read:
  731.486. (1) The exemption in ORS 731.146 (2)(b) does not apply
to an insurer that offers coverage under   { - a group health
insurance policy or - }  a group life insurance policy in this
state unless the Director of the Department of Consumer and
Business Services determines that the exemption applies.
  (2) The insurer shall submit evidence to the director that the
exemption applies. When a master policy  { + for a policy of
group life insurance + } is delivered or issued for delivery
outside this state to trustees of a fund for two or more
employers, for one or more labor unions, for one or more
employers and one or more labor unions or for an association, the
insurer shall also submit evidence showing compliance with
 { - : - }
 
 
Enrolled House Bill 3321 (HB 3321-B)                       Page 2
 
 
 
    { - (a) ORS 743.526, for a policy of group health insurance;
or - }
    { - (b) - }  ORS 743.354  { - , for a policy of group life
insurance - } .
  (3) The director shall review the evidence submitted and may
request additional evidence as needed.
  (4) An insurer shall submit to the director any changes in the
evidence submitted under subsection (2) of this section.
  (5) The director may order an insurer to cease offering a
policy or coverage under a policy if the director determines that
the exemption under ORS 731.146 (2)(b) is no longer satisfied.
  (6) Coverage under a master group life   { - or health - }
insurance policy delivered or issued for delivery outside this
state that does not qualify for the exemption in ORS 731.146
(2)(b) may be offered in this state if the director determines
that the state in which the policy was delivered or issued for
delivery has requirements that are substantially similar to those
established under ORS 743.360   { - or 743.522 (2) - }  and that
the policy satisfies those requirements.
   { +  (7) Coverage under a master group health insurance policy
that is delivered or issued for delivery outside this state to an
association or trust may be offered in this state if the director
determines that the association or trust meets applicable
standards under ORS 743.522 (1)(b) or (c) or (2). + }
    { - (7) - }  { +  (8) + } This section does not apply to any
master policy issued to a multistate employer or labor union.
    { - (8) - }  { +  (9) + } The director may adopt rules to
carry out this section.
  SECTION 4. ORS 743.734 is amended to read:
  743.734. (1) Every group health benefit plan shall be subject
to the provisions of ORS 743.733 to 743.737, if the plan provides
health benefits covering one or more employees of a small
employer and if any one of the following conditions is met:
  (a) Any portion of the premium or benefits is paid by a small
employer or any eligible employee is reimbursed, whether through
wage adjustments or otherwise, by a small employer for any
portion of the health benefit plan premium; or
  (b) The health benefit plan is treated by the employer or any
of the eligible employees as part of a plan or program for the
purposes of section 106, section 125 or section 162 of the
Internal Revenue Code of 1986, as amended.
  (2) Except as provided in ORS 743.733 to 743.737, no law
requiring the coverage or the offer of coverage of a health care
service or benefit applies to the basic health benefit plans
offered or delivered to a small employer.
  (3) Except as otherwise provided by law or ORS 743.733 to
743.737, no health benefit plan offered to a small employer
shall:
  (a) Inhibit a small employer carrier from contracting with
providers or groups of providers with respect to health care
services or benefits; or
  (b) Impose any restriction on the ability of a small employer
carrier to negotiate with providers regarding the level or method
of reimbursing care or services provided under health benefit
plans.
  (4) Except to determine the application of a preexisting
conditions provision for a late enrollee, a small employer
carrier shall not use health statements when offering small
employer health benefit plans and shall not use any other method
to determine the actual or expected health status of eligible
 
 
Enrolled House Bill 3321 (HB 3321-B)                       Page 3
 
 
 
enrollees. Nothing in this subsection shall prevent a carrier
from using health statements or other information after
enrollment for the purpose of providing services or arranging for
the provision of services under a health benefit plan.
  (5) Except in the case of a late enrollee and as otherwise
provided in this section, a small employer carrier shall not
impose different terms or conditions on the coverage, premiums or
contributions of any eligible employee in a small employer group
that are based on the actual or expected health status of any
eligible employee.
  (6) A small employer carrier may provide different health
benefit plans to different categories of employees of a small
employer when the employer has chosen to establish different
categories of employees in a manner that does not relate to the
actual or expected health status of such employees or their
dependents. Except as provided in ORS 743.736 (10):
  (a) When a small employer carrier offers coverage to a small
employer, the small employer carrier shall offer coverage to all
eligible employees of the small employer, without regard to the
actual or expected health status of any eligible employee.
  (b) If the small employer elects to offer coverage to
dependents of eligible employees, the small employer carrier
shall offer coverage to all dependents of eligible employees,
without regard to the actual or expected health status of any
eligible dependent.
   { +  (7) A health benefit plan issued to a small employer
group through an association health plan is exempt from
subsection (1) of this section. For purposes of this subsection,
an association health plan is group health insurance described in
ORS 743.522 (2) or a health benefit plan that:
  (a) Is delivered or issued for delivery to:
  (A) An association or trust established in this state, that
meets applicable requirements of ORS 743.524 or 743.526, or to a
multiple employer welfare arrangement located inside this state,
subject to ORS 750.301 to 750.341; or
  (B) An association or trust established in another state, that
is approved by the director under ORS 731.486 (7), or a multiple
employer welfare arrangement located in another state that
complies with ORS 750.311; and
  (b) Satisfies all of the following:
  (A) The initial premium rate for the association health plan
does not vary by more than 50 percent across the groups of small
employers under the plan.
  (B) The association policyholder does not discriminate in
membership requirements based on actual or expected health status
of individual enrollees or prospective enrollees, in accordance
with ORS 743.752 (5).
  (C) Small employer groups that have two or more eligible
employees and that meet the membership requirements for the
association are not excluded from the association health plan.
  (D) Except as provided in subsection (8) of this section, the
association health plan maintains a 95 percent retention rate.
  (8)(a) The 95 percent retention rate in subsection (7) of this
section does not include employer groups that:
  (A) Go out of business, whether through merger, acquisition or
any other reason;
  (B) No longer meet eligibility requirements for membership in
the association;
  (C) No longer meet participation requirements for employers
that are set forth in the plan documents; or
 
 
Enrolled House Bill 3321 (HB 3321-B)                       Page 4
 
 
 
  (D) Fail to pay premiums.
  (b) An association health plan that fails to maintain the 95
percent retention rate during any year may have 12 months to
correct the retention level before losing the exemption under
subsection (7) of this section. + }
  SECTION 5. ORS 743.748 is amended to read:
  743.748. (1) Each carrier offering a health benefit plan shall
submit to the Director of the Department of Consumer and Business
Services on or before April 1 of each year a report that
contains:
  (a) The following information for the preceding year that is
derived from the exhibit of premiums, enrollment and utilization
included in the carrier's annual report:
  (A) The total number of members;
  (B) The total amount of premiums;
  (C) The total amount of costs for claims;
  (D) The medical loss ratio;
  (E) The average amount of premiums per member per month; and
  (F) The percentage change in the average premium per member per
month, measured from the previous year.
  (b) The following aggregate financial information for the
preceding year that is derived from the carrier's annual report:
  (A) The total amount of general administrative expenses,
including identification of the five largest nonmedical
administrative expenses and the assessment against the carrier
for the Oregon Medical Insurance Pool;
  (B) The total amount of the surplus maintained;
  (C) The total amount of the reserves maintained for unpaid
claims;
  (D) The total net underwriting gain or loss; and
  (E) The carrier's net income after taxes.
   { +  (c) The retention rate and claims experience of employer
groups within the plan for the preceding year for association
health plans as described in ORS 743.734 (7). This information is
not subject to public disclosure under ORS chapter 192. + }
  (2) A carrier shall electronically submit the information
described in subsection (1) of this section in a format and
according to instructions prescribed by the Department of
Consumer and Business Services by rule after obtaining a
recommendation from the Health Insurance Reform Advisory
Committee.
  (3) The advisory committee shall evaluate the reporting
requirements under subsection (1)(a) of this section by the
following market segments:
  (a) Individual health benefit plans;
  (b) Health benefit plans for small employers;
  (c) Health benefit plans for employers described in ORS
743.733;   { - and - }
  (d) Health benefit plans for employers with more than 50
employees  { - . - }  { + ; and + }
   { +  (e) Association health plans described in ORS 743.734
(7). + }
  (4) The department shall make the information reported under
this section available to the public through a searchable public
website on the Internet.
  SECTION 6. ORS 731.146, as amended by section 1 of this 2007
Act, is amended to read:
  731.146. (1) 'Transact insurance' means one or more of the
following acts effected by mail or otherwise:
  (a) Making or proposing to make an insurance contract.
 
 
Enrolled House Bill 3321 (HB 3321-B)                       Page 5
 
 
 
  (b) Taking or receiving any application for insurance.
  (c) Receiving or collecting any premium, commission, membership
fee, assessment, due or other consideration for any insurance or
any part thereof.
  (d) Issuing or delivering policies of insurance.
  (e) Directly or indirectly acting as an insurance producer for,
or otherwise representing or aiding on behalf of another, any
person in the solicitation, negotiation, procurement or
effectuation of insurance or renewals thereof, the dissemination
of information as to coverage or rates, the forwarding of
applications, the delivering of policies, the inspection of
risks, the fixing of rates, the investigation or adjustment of
claims or losses, the transaction of matters subsequent to
effectuation of the policy and arising out of it, or in any other
manner representing or assisting a person with respect to
insurance.
  (f) Advertising locally or circularizing therein without regard
for the source of such circularization, whenever such advertising
or circularization is for the purpose of solicitation of
insurance business.
  (g) Doing any other kind of business specifically recognized as
constituting the doing of an insurance business within the
meaning of the Insurance Code.
  (h) Doing or proposing to do any insurance business in
substance equivalent to any of paragraphs (a) to (g) of this
subsection in a manner designed to evade the provisions of the
Insurance Code.
  (2) Subsection (1) of this section does not include, apply to
or affect the following:
  (a) Making investments within a state by an insurer not
admitted or authorized to do business within such state.
  (b) Except as provided in ORS 743.015, doing or proposing to do
any insurance business arising out of a policy of group life
insurance  { + or group health insurance, or both, + } or a
policy of blanket health insurance, if the master policy was
validly issued to cover a group organized primarily for purposes
other than the procurement of insurance and was delivered in and
pursuant to the laws of another state in which:
  (A) The insurer was authorized to do an insurance business;
  (B) The policyholder is domiciled or otherwise has a bona fide
situs; and
  (C) With respect to a policy of blanket health insurance, the
policy was approved by the director of such state.
    { - (c) Except as provided in ORS 743.015, doing or proposing
to do any insurance business arising out of a policy of group
health insurance, if the master policy was validly issued to
cover an employer group other than an association, trust or
multiple employer welfare arrangement and was delivered in and
pursuant to the laws of another state in which: - }
    { - (A) The insurer was authorized to do an insurance
business; and - }
    { - (B) The policyholder is domiciled or otherwise has a bona
fide situs. - }
    { - (d) - }   { + (c) + } Investigating, settling, or
litigating claims under policies lawfully written within a state,
or liquidating assets and liabilities, all resulting from the
insurer's former authorized operations within such state.
    { - (e) - }  { +  (d) + } Transactions within a state under a
policy subsequent to its issuance if the policy was lawfully
solicited, written and delivered outside the state and did not
 
 
Enrolled House Bill 3321 (HB 3321-B)                       Page 6
 
 
 
cover a subject of insurance resident, located or to be performed
in the state when issued.
    { - (f) - }   { + (e) + } The continuation and servicing of
life or health insurance policies remaining in force on residents
of a state if the insurer has withdrawn from such state and is
not transacting new insurance therein.
  (3) If mail is used, an act shall be deemed to take place at
the point where the matter transmitted by mail is delivered and
takes effect.
  SECTION 7. ORS 731.484, as amended by section 2 of this 2007
Act, is amended to read:
  731.484. (1) No insurer or insurance producer selling a policy
of group life insurance or group health insurance subject to
 { - an - }   { + the + } exemption in ORS 731.146 (2)(b)
 { - or (c) - }  is authorized to sell membership in a group for
the purpose of qualifying an applicant who is an individual for
the insurance.
  (2) No insurer or insurance producer selling membership in a
group is authorized to offer a policy of group life insurance or
group health insurance subject to   { - an - }  { +  the + }
exemption in ORS 731.146 (2)(b)   { - or (c) - }  for the purpose
of selling membership in the group.
  SECTION 8. ORS 731.486, as amended by section 3 of this 2007
Act, is amended to read:
  731.486. (1) The exemption in ORS 731.146 (2)(b) does not apply
to an insurer that offers coverage under  { + a group health
insurance policy or + } a group life insurance policy in this
state unless the Director of the Department of Consumer and
Business Services determines that the exemption applies.
  (2) The insurer shall submit evidence to the director that the
exemption applies. When a master policy   { - for a policy of
group life insurance - }  is delivered or issued for delivery
outside this state to trustees of a fund for two or more
employers, for one or more labor unions, for one or more
employers and one or more labor unions or for an association, the
insurer shall also submit evidence showing compliance
with { + : + }
   { +  (a) ORS 743.526, for a policy of group health insurance;
or + }
   { +  (b) + } ORS 743.354 { + , for a policy of group life
insurance + }.
  (3) The director shall review the evidence submitted and may
request additional evidence as needed.
  (4) An insurer shall submit to the director any changes in the
evidence submitted under subsection (2) of this section.
  (5) The director may order an insurer to cease offering a
policy or coverage under a policy if the director determines that
the exemption under ORS 731.146 (2)(b) is no longer satisfied.
  (6) Coverage under a master group life  { + or health + }
insurance policy delivered or issued for delivery outside this
state that does not qualify for the exemption in ORS 731.146
(2)(b) may be offered in this state if the director determines
that the state in which the policy was delivered or issued for
delivery has requirements that are substantially similar to those
established under ORS 743.360  { + or 743.522 (2) + } and that
the policy satisfies those requirements.
    { - (7) Coverage under a master group health insurance policy
that is delivered or issued for delivery outside this state to an
association or trust may be offered in this state if the director
 
 
 
Enrolled House Bill 3321 (HB 3321-B)                       Page 7
 
 
 
determines that the association or trust meets applicable
standards under ORS 743.522 (1)(b) or (c) or (2). - }
    { - (8) - }   { + (7) + } This section does not apply to any
master policy issued to a multistate employer or labor union.
    { - (9) - }  { +  (8) + } The director may adopt rules to
carry out this section.
  SECTION 9. ORS 743.734, as amended by section 4 of this 2007
Act, is amended to read:
  743.734. (1) Every group health benefit plan shall be subject
to the provisions of ORS 743.733 to 743.737, if the plan provides
health benefits covering one or more employees of a small
employer and if any one of the following conditions is met:
  (a) Any portion of the premium or benefits is paid by a small
employer or any eligible employee is reimbursed, whether through
wage adjustments or otherwise, by a small employer for any
portion of the health benefit plan premium; or
  (b) The health benefit plan is treated by the employer or any
of the eligible employees as part of a plan or program for the
purposes of section 106, section 125 or section 162 of the
Internal Revenue Code of 1986, as amended.
  (2) Except as provided in ORS 743.733 to 743.737, no law
requiring the coverage or the offer of coverage of a health care
service or benefit applies to the basic health benefit plans
offered or delivered to a small employer.
  (3) Except as otherwise provided by law or ORS 743.733 to
743.737, no health benefit plan offered to a small employer
shall:
  (a) Inhibit a small employer carrier from contracting with
providers or groups of providers with respect to health care
services or benefits; or
  (b) Impose any restriction on the ability of a small employer
carrier to negotiate with providers regarding the level or method
of reimbursing care or services provided under health benefit
plans.
  (4) Except to determine the application of a preexisting
conditions provision for a late enrollee, a small employer
carrier shall not use health statements when offering small
employer health benefit plans and shall not use any other method
to determine the actual or expected health status of eligible
enrollees. Nothing in this subsection shall prevent a carrier
from using health statements or other information after
enrollment for the purpose of providing services or arranging for
the provision of services under a health benefit plan.
  (5) Except in the case of a late enrollee and as otherwise
provided in this section, a small employer carrier shall not
impose different terms or conditions on the coverage, premiums or
contributions of any eligible employee in a small employer group
that are based on the actual or expected health status of any
eligible employee.
  (6) A small employer carrier may provide different health
benefit plans to different categories of employees of a small
employer when the employer has chosen to establish different
categories of employees in a manner that does not relate to the
actual or expected health status of such employees or their
dependents. Except as provided in ORS 743.736 (10):
  (a) When a small employer carrier offers coverage to a small
employer, the small employer carrier shall offer coverage to all
eligible employees of the small employer, without regard to the
actual or expected health status of any eligible employee.
 
 
 
Enrolled House Bill 3321 (HB 3321-B)                       Page 8
 
 
 
  (b) If the small employer elects to offer coverage to
dependents of eligible employees, the small employer carrier
shall offer coverage to all dependents of eligible employees,
without regard to the actual or expected health status of any
eligible dependent.
    { - (7) A health benefit plan issued to a small employer
group through an association health plan is exempt from
subsection (1) of this section. For purposes of this subsection,
an association health plan is group health insurance described in
ORS 743.522 (2) or a health benefit plan that: - }
    { - (a) Is delivered or issued for delivery to: - }
    { - (A) An association or trust established in this state,
that meets applicable requirements of ORS 743.524 or 743.526, or
to a multiple employer welfare arrangement located inside this
state, subject to ORS 750.301 to 750.341; or - }
    { - (B) An association or trust established in another state,
that is approved by the director under ORS 731.486 (7), or a
multiple employer welfare arrangement located in another state
that complies with ORS 750.311; and - }
    { - (b) Satisfies all of the following: - }
    { - (A) The initial premium rate for the association health
plan does not vary by more than 50 percent across the groups of
small employers under the plan. - }
    { - (B) The association policyholder does not discriminate in
membership requirements based on actual or expected health status
of individual enrollees or prospective enrollees, in accordance
with ORS 743.752 (5). - }
    { - (C) Small employer groups that have two or more eligible
employees and that meet the membership requirements for the
association are not excluded from the association health
plan. - }
    { - (D) Except as provided in subsection (8) of this section,
the association health plan maintains a 95 percent retention
rate. - }
    { - (8)(a) The 95 percent retention rate in subsection (7) of
this section does not include employer groups that: - }
    { - (A) Go out of business, whether through merger,
acquisition or any other reason; - }
    { - (B) No longer meet eligibility requirements for
membership in the association; - }
    { - (C) No longer meet participation requirements for
employers that are set forth in the plan documents; or - }
    { - (D) Fail to pay premiums. - }
    { - (b) An association health plan that fails to maintain the
95 percent retention rate during any year may have 12 months to
correct the retention level before losing the exemption under
subsection (7) of this section. - }
  SECTION 10. ORS 743.748, as amended by section 5 of this 2007
Act, is amended to read:
  743.748. (1) Each carrier offering a health benefit plan shall
submit to the Director of the Department of Consumer and Business
Services on or before April 1 of each year a report that
contains:
  (a) The following information for the preceding year that is
derived from the exhibit of premiums, enrollment and utilization
included in the carrier's annual report:
  (A) The total number of members;
  (B) The total amount of premiums;
  (C) The total amount of costs for claims;
  (D) The medical loss ratio;
 
 
Enrolled House Bill 3321 (HB 3321-B)                       Page 9
 
 
 
  (E) The average amount of premiums per member per month; and
  (F) The percentage change in the average premium per member per
month, measured from the previous year.
  (b) The following aggregate financial information for the
preceding year that is derived from the carrier's annual report:
  (A) The total amount of general administrative expenses,
including identification of the five largest nonmedical
administrative expenses and the assessment against the carrier
for the Oregon Medical Insurance Pool;
  (B) The total amount of the surplus maintained;
  (C) The total amount of the reserves maintained for unpaid
claims;
  (D) The total net underwriting gain or loss; and
  (E) The carrier's net income after taxes.
    { - (c) The retention rate and claims experience of employer
groups within the plan for the preceding year for association
health plans as described in ORS 743.734 (7). This information is
not subject to public disclosure under ORS chapter 192. - }
  (2) A carrier shall electronically submit the information
described in subsection (1) of this section in a format and
according to instructions prescribed by the Department of
Consumer and Business Services by rule after obtaining a
recommendation from the Health Insurance Reform Advisory
Committee.
  (3) The advisory committee shall evaluate the reporting
requirements under subsection (1)(a) of this section by the
following market segments:
  (a) Individual health benefit plans;
  (b) Health benefit plans for small employers;
  (c) Health benefit plans for employers described in ORS
743.733;  { + and + }
  (d) Health benefit plans for employers with more than 50
employees { + . + }   { - ; and - }
    { - (e) Association health plans described in ORS 743.734
(7). - }
  (4) The department shall make the information reported under
this section available to the public through a searchable public
website on the Internet.
  SECTION 11.  { + (1) The Department of Consumer and Business
Services shall monitor, on a continuing basis, association health
plans to determine the degree to which the claims experience of
nonretained association groups exceeds the claims experience of
the association's member groups as a whole.
  (2) The Director of the Department of Consumer and Business
Services shall report to the Legislative Assembly by February 1
of each odd-numbered year on the findings under subsection (1) of
this section and may recommend legislative changes based upon the
findings. + }
  SECTION 12.  { + (1) ORS 743.734, as amended by section 4 of
this 2007 Act, applies to health benefit plans issued or renewed
on or after the effective date of this 2007 Act and before
January 2, 2014.
  (2) An association health plan issued to a group described in
ORS 743.522 (2) prior to May 1, 2007, to an association or trust
approved prior to May 1, 2007, or to a multiple employer welfare
arrangement authorized prior to May 1, 2007, is not subject to
the requirements of ORS 743.734 (7)(b)(C) with respect to
membership requirements in effect prior to May 1, 2007. + }
 
 
 
 
Enrolled House Bill 3321 (HB 3321-B)                      Page 10
 
 
 
  SECTION 13.  { + The amendments to ORS 731.146, 731.484,
731.486, 743.734 and 743.748 by sections 6 to 10 of this 2007 Act
become operative on January 2, 2014. + }
  SECTION 14.  { + Sections 11 and 12 of this 2007 Act are
repealed on January 2, 2014. + }
  SECTION 15.  { + This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2007 Act takes effect
July 1, 2007. + }
                         ----------
 
 
Passed by House May 31, 2007
 
Repassed by House June 20, 2007
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate June 18, 2007
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 3321 (HB 3321-B)                      Page 11
 
 
 
 
 
Received by Governor:
 
......M.,............., 2007
 
Approved:
 
......M.,............., 2007
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2007
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 3321 (HB 3321-B)                      Page 12