74th OREGON LEGISLATIVE ASSEMBLY--2008 Special Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 5
 
                         House Bill 3616
 
Sponsored by COMMITTEE ON ELECTIONS, ETHICS AND RULES (at the
  request of House Interim Committee on Human Services and
  Women's Wellness)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires health benefit plan to provide coverage for services
rendered by professional counselors or marriage and family
therapists acting within their scope of practice if plan covers
services provided by certain other professionals.
  Adds services offered by professional counselors or marriage
and family therapists to definition of 'outpatient service' for
purposes of statutes governing certain treatment programs and
facilities.
  Increases maximum amount of civil penalties that may be imposed
by Oregon Board of Licensed Professional Counselors and
Therapists.
  Prohibits use of certain professional titles by persons not
licensed by board. Provides exceptions.
 
                        A BILL FOR AN ACT
Relating to persons subject to regulation by Oregon Board of
  Licensed Professional Counselors and Therapists; creating new
  provisions; and amending ORS 430.010, 675.745, 675.825,
  743A.168 and 750.333.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2008 Act is added to and made
a part of ORS chapter 743. + }
  SECTION 2.  { + (1) If a health benefit plan, as defined in ORS
743.730, provides for coverage for services performed by a
physician, psychologist, clinical social worker or nurse
practitioner, the plan also shall cover services provided by a
professional counselor or marriage and family therapist licensed
under ORS 675.715 to 675.835 when the counselor or therapist is
acting within the counselor's or therapist's lawful scope of
practice.
  (2) The payment to a professional counselor or marriage and
family therapist by a health benefit plan under subsection (1) of
this section shall be in accordance with the benefits provided in
the plan and subject to the provisions of ORS 743A.168.
  (3) The provisions of ORS 743A.001 do not apply to this
section. + }
  SECTION 3. ORS 430.010 is amended to read:
  430.010. As used in ORS 430.010 to 430.050, 430.140 to 430.170,
430.265, 430.270 and 430.610 to 430.695:
  (1) 'Department' means the Department of Human Services.
  (2) 'Health facility' means a facility licensed as required by
ORS 441.015 or a facility accredited by the Joint Commission on
Accreditation of Hospitals, either of which provides full-day or
part-day acute treatment for alcoholism, drug addiction or mental
or emotional disturbance, and is licensed to admit persons
requiring 24-hour nursing care.
  (3) 'Residential facility' or 'day or partial hospitalization
program' means a program or facility providing an organized
full-day or part-day program of treatment. Such a program or
facility shall be licensed, approved, established, maintained,
contracted with or operated by the department under:
  (a) ORS 430.265 to 430.380 and 430.610 to 430.880 for
alcoholism;
  (b) ORS 430.265 to 430.380, 430.405 to 430.565 and 430.610 to
430.880 for drug addiction; or
  (c) ORS 430.610 to 430.880 for mental or emotional
disturbances.
  (4) 'Outpatient service' means:
  (a) A program or service providing treatment by appointment and
by medical or osteopathic physicians licensed by the Oregon
Medical Board under ORS 677.010 to 677.450; psychologists
licensed by the State Board of Psychologist Examiners under ORS
675.010 to 675.150; nurse practitioners registered by the Oregon
State Board of Nursing under ORS 678.010 to 678.410;   { - or - }
clinical social workers licensed by the State Board of Clinical
Social Workers under ORS 675.510 to 675.600; or  { + professional
counselors or marriage and family therapists licensed by the
Oregon Board of Licensed Professional Counselors and Therapists
under ORS 675.715 to 675.835; or + }
  (b) A program or service providing treatment by appointment
that is licensed, approved, established, maintained, contracted
with or operated by the department under:
  (A) ORS 430.265 to 430.380 and 430.610 to 430.880 for
alcoholism;
  (B) ORS 430.265 to 430.380, 430.405 to 430.565 and 430.610 to
430.880 for drug addiction; or
  (C) ORS 430.610 to 430.880 for mental or emotional
disturbances.
  SECTION 4. ORS 675.745 is amended to read:
  675.745. (1) The Oregon Board of Licensed Professional
Counselors and Therapists may deny, suspend, revoke or refuse to
issue or to renew any license issued under ORS 675.715 to 675.835
upon proof that the applicant for licensure or the licensee:
  (a) Has been convicted of violating ORS 675.825 or of a crime
in this or any other state or territory or against the federal
government that brings into question the competence of the
licensee in the role of a counselor or a therapist;
  (b) Is unable to perform the practice of professional
counseling or marriage and family therapy by reason of mental
illness, physical illness, drug addiction or alcohol abuse;
  (c) Has been grossly negligent in the practice of professional
counseling or marriage and family therapy;
  (d) Has violated one or more of the rules of the board
pertaining to the licensure of professional counselors or
licensed marriage and family therapists;
  (e) Has failed to file a professional disclosure statement or
has filed a false, incomplete or misleading professional
disclosure statement;
  (f) Has practiced outside the scope of activities, including
administering, constructing or interpreting tests, for which the
licensee has individual training and qualification; or
  (g) Has been disciplined by a state mental health licensing
board or program in this or any other state for violation of
competency or conduct standards.
 
  (2)(a) The board may reprimand or impose probation on a
licensee or an intern registered under ORS 675.720 upon proof of
any of the grounds for discipline provided in subsection (1) of
this section.
  (b) If the board elects to place a licensee or a registered
intern on probation, the board may impose:
  (A) Restrictions on the scope of practice of the licensee or
intern;
  (B) Requirements for specific training;
  (C) Supervision of the practice of the licensee or intern; or
  (D) Other conditions the board finds necessary for the
protection of the public.
  (3) The board may initiate action against persons violating any
provision of ORS 675.715 to 675.835 or any rules adopted by the
board.
  (4) Pursuant to ORS 183.745, the board may impose a civil
penalty of not more than   { - $1,000 - }  { +  $2,500 + } for
each violation of subsection (1) or (2) of this section.
  (5) Information that the board obtains as part of an
investigation into licensee or applicant conduct or as part of a
contested case proceeding, consent order or stipulated agreement
involving licensee or applicant conduct is confidential as
provided under ORS 676.175.
  (6) In addition to the actions authorized by subsections (1)
and (2) of this section, the board may take such disciplinary
action as the board in its discretion finds proper, including but
not limited to the assessment of the costs of the disciplinary
process.
  SECTION 5. ORS 675.825 is amended to read:
  675.825. (1)   { - No - }  { +  A + } person   { - shall - }
 { +  may not + }:
  (a) Attempt to obtain or obtain a license or renewal thereof by
bribery or fraudulent representation.
  (b) Purport to the public to be engaged in the practice of
professional counseling under the title 'licensed professional
counselor' unless the person possesses a valid license to
practice professional counseling as provided in ORS 675.715 to
675.835.
  (c) Purport to the public to be engaged in the practice of
marriage and family therapy under the title of 'licensed marriage
and family therapist' unless the person possesses a valid license
to practice marriage and family therapy as provided in ORS
675.715 to 675.835.
    { - (2) Nothing in ORS 675.715 to 675.835 is intended to
limit or prevent the practice of an individual's profession or to
restrict a person from providing counseling services or marriage
and family therapy if the person or individual does not represent
to the public by title that the person or individual is a
licensed professional counselor or licensed marriage and family
therapist.  The prohibition on the use of the title marriage and
family therapist does not apply to a registered or licensed
clinical social worker or licensed psychologist whose
registration or license was issued prior to October 1, 1991. - }
   { +  (2)(a) Except as provided by this subsection, a person
who is not licensed under ORS 675.715 to 675.835 may not, for the
purpose of promoting or advertising mental health services
offered to the public by the person, use the title, or any part
of the title, ' licensed professional counselor' or 'licensed
marriage and family therapist. '
  (b) The prohibition in this subsection does not apply to:
  (A) Use of the title 'licensed marriage and family therapist'
by a registered or licensed clinical social worker or licensed
psychologist whose registration or license was issued prior to
October 1, 1991.
 
 
  (B) Use of the terms 'counselor,' 'counseling, ' ' therapy' or
'therapist' by a mental health provider who is regulated by an
Oregon professional licensing board.
  (C) Use of the terms 'counselor' and 'counseling' by a
certified alcohol and drug counselor or by a student or intern
who is supervised in a professional degree program by a mental
health provider who is regulated by an Oregon professional
licensing board.
  (D) Use of the terms 'counselor' or 'therapist' by a qualified
mental health professional employed by a community mental health
program approved by the Department of Human Services. + }
  (3) Each violation of this section is a separate violation.
  (4) The Oregon Board of Licensed Professional Counselors and
Therapists may levy a civil penalty not to exceed
 { - $1,000 - }  { +  $2,500 + } for each separate violation.
  SECTION 6. ORS 743A.168 is amended to read:
  743A.168. A group health insurance policy providing coverage
for hospital or medical expenses shall provide coverage for
expenses arising from treatment for chemical dependency,
including alcoholism, and for mental or nervous conditions at the
same level as, and subject to limitations no more restrictive
than, those imposed on coverage or reimbursement of expenses
arising from treatment for other medical conditions. The
following apply to coverage for chemical dependency and for
mental or nervous conditions:
  (1) As used in this section:
  (a) 'Chemical dependency' means the addictive relationship with
any drug or alcohol characterized by a physical or psychological
relationship, or both, that interferes on a recurring basis with
the individual's social, psychological or physical adjustment to
common problems. For purposes of this section, 'chemical
dependency' does not include addiction to, or dependency on,
tobacco, tobacco products or foods.
  (b) 'Facility' means a corporate or governmental entity or
other provider of services for the treatment of chemical
dependency or for the treatment of mental or nervous conditions.
  (c) 'Group health insurer' means an insurer, a health
maintenance organization or a health care service contractor.
  (d) 'Program' means a particular type or level of service that
is organizationally distinct within a facility.
  (e) 'Provider' means a person that has met the credentialing
requirement of a group health insurer, is otherwise eligible to
receive reimbursement for coverage under the policy and is:
  (A) A health care facility;
  (B) A residential program or facility;
  (C) A day or partial hospitalization program;
  (D) An outpatient service; or
  (E) An individual behavioral health or medical professional
authorized for reimbursement under Oregon law.
  (2) The coverage may be made subject to provisions of the
policy that apply to other benefits under the policy, including
but not limited to provisions relating to deductibles and
coinsurance. Deductibles and coinsurance for treatment in health
care facilities or residential programs or facilities may not be
greater than those under the policy for expenses of
hospitalization in the treatment of other medical conditions.
Deductibles and coinsurance for outpatient treatment may not be
greater than those under the policy for expenses of outpatient
treatment of other medical conditions.
  (3) The coverage may not be made subject to treatment
limitations, limits on total payments for treatment, limits on
duration of treatment or financial requirements unless similar
limitations or requirements are imposed on coverage of other
medical conditions. The coverage of eligible expenses may be
limited to treatment that is medically necessary as determined
under the policy for other medical conditions.
  (4)(a) Nothing in this section requires coverage for:
  (A) Educational or correctional services or sheltered living
provided by a school or halfway house;
  (B) A long-term residential mental health program that lasts
longer than 45 days;
  (C) Psychoanalysis or psychotherapy received as part of an
educational or training program, regardless of diagnosis or
symptoms that may be present;
  (D) A court-ordered sex offender treatment program; or
  (E) A screening interview or treatment program under ORS
813.021.
  (b) Notwithstanding paragraph (a)(A) of this subsection, an
insured may receive covered outpatient services under the terms
of the insured's policy while the insured is living temporarily
in a sheltered living situation.
  (5) A provider is eligible for reimbursement under this section
if:
  (a) The provider is approved by the Department of Human
Services;
  (b) The provider is accredited for the particular level of care
for which reimbursement is being requested by the Joint
Commission on Accreditation of Hospitals or the Commission on
Accreditation of Rehabilitation Facilities;
  (c) The patient is staying overnight at the facility and is
involved in a structured program at least eight hours per day,
five days per week; or
  (d) The provider is providing a covered benefit under the
policy.
  (6) Payments may not be made under this section for support
groups.
  (7) If specified in the policy, outpatient coverage may include
follow-up in-home service or outpatient services. The policy may
limit coverage for in-home service to persons who are homebound
under the care of a physician.
  (8) Nothing in this section prohibits a group health insurer
from managing the provision of benefits through common methods,
including but not limited to selectively contracted panels,
health plan benefit differential designs, preadmission screening,
prior authorization of services, utilization review or other
mechanisms designed to limit eligible expenses to those described
in subsection (3) of this section.
  (9) The Legislative Assembly has found that health care cost
containment is necessary and intends to encourage insurance
policies designed to achieve cost containment by ensuring that
reimbursement is limited to appropriate utilization under
criteria incorporated into such policies, either directly or by
reference.
  (10)(a) Subject to the patient or client confidentiality
provisions of ORS 40.235 relating to physicians, ORS 40.240
relating to nurse practitioners, ORS 40.230 relating to
psychologists { + , + }   { - and - }  ORS 40.250 and 675.580
relating to licensed clinical social workers  { - , - }  { +  and
ORS 40.262 relating to licensed professional counselors and
licensed marriage and family therapists, + } a group health
insurer may provide for review for level of treatment of
admissions and continued stays for treatment in health care
facilities, residential programs or facilities, day or partial
hospitalization programs and outpatient services by either group
health insurer staff or personnel under contract to the group
health insurer, or by a utilization review contractor, who shall
have the authority to certify for or deny level of payment.
  (b) Review shall be made according to criteria made available
to providers in advance upon request.
  (c) Review shall be performed by or under the direction of a
medical or osteopathic physician licensed by the Oregon Medical
Board, a psychologist licensed by the State Board of Psychologist
Examiners { + , + }   { - or - }  a clinical social worker
licensed by the State Board of Clinical Social Workers  { - , - }
 { +  or a professional counselor or marriage and family
therapist licensed by the Oregon Board of Licensed Professional
Counselors and Therapists, + } in accordance with standards of
the National Committee for Quality Assurance or Medicare review
standards of the Centers for Medicare and Medicaid Services.
  (d) Review may involve prior approval, concurrent review of the
continuation of treatment, post-treatment review or any
combination of these. However, if prior approval is required,
provision shall be made to allow for payment of urgent or
emergency admissions, subject to subsequent review. If prior
approval is not required, group health insurers shall permit
providers, policyholders or persons acting on their behalf to
make advance inquiries regarding the appropriateness of a
particular admission to a treatment program. Group health
insurers shall provide a timely response to such inquiries.
Noncontracting providers must cooperate with these procedures to
the same extent as contracting providers to be eligible for
reimbursement.
  (11) Health maintenance organizations may limit the receipt of
covered services by enrollees to services provided by or upon
referral by providers contracting with the health maintenance
organization. Health maintenance organizations and health care
service contractors may create substantive plan benefit and
reimbursement differentials at the same level as, and subject to
limitations no more restrictive than, those imposed on coverage
or reimbursement of expenses arising out of other medical
conditions and apply them to contracting and noncontracting
providers.
  (12) Nothing in this section prevents a group health insurer
from contracting with providers of health care services to
furnish services to policyholders or certificate holders
according to ORS 743.531 or 750.005, subject to the following
conditions:
  (a) A group health insurer is not required to contract with all
eligible providers.
  (b) An insurer or health care service contractor shall, subject
to subsections (2) and (3) of this section, pay benefits toward
the covered charges of noncontracting providers of services for
the treatment of chemical dependency or mental or nervous
conditions. The insured shall, subject to subsections (2) and (3)
of this section, have the right to use the services of a
noncontracting provider of services for the treatment of chemical
dependency or mental or nervous conditions, whether or not the
services for chemical dependency or mental or nervous conditions
are provided by contracting or noncontracting providers.
  (13) The intent of the Legislative Assembly in adopting this
section is to reserve benefits for different types of care to
encourage cost effective care and to ensure continuing access to
levels of care most appropriate for the insured's condition and
progress.
  (14) The Director of the Department of Consumer and Business
Services, after notice and hearing, may adopt reasonable rules
not inconsistent with this section that are considered necessary
for the proper administration of these provisions.
  SECTION 7. ORS 750.333 is amended to read:
  750.333. (1) The following provisions of the Insurance Code
apply to trusts carrying out a multiple employer welfare
arrangement:
  (a) ORS 731.004 to 731.150, 731.162, 731.216 to 731.268,
731.296 to 731.316, 731.324, 731.328, 731.378, 731.386, 731.390,
731.398, 731.406, 731.410, 731.414, 731.418 to 731.434, 731.454,
731.484, 731.486, 731.488, 731.512, 731.574 to 731.620, 731.640
to 731.652  { - , - }   { + and + } 731.804 to 731.992.
 
  (b) ORS 733.010 to 733.050, 733.140 to 733.170, 733.210,
733.510 to 733.680 and 733.695 to 733.780.
  (c) ORS chapter 734.
  (d) ORS 742.001 to 742.009, 742.013, 742.061 and 742.400.
  (e) ORS 743.028, 743.053, 743.524, 743.526, 743.527, 743.528,
743.529, 743.530, 743.560, 743.562, 743.600, 743.601, 743.602,
743.610, 743.730 to 743.773 (except 743.760 to 743.773), 743.801,
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, 743A.012, 743A.064, 743A.080,
743A.100, 743A.104, 743A.110 and 743A.184.
  (f) ORS 743A.010, 743A.014, 743A.024, 743A.028, 743A.032,
743A.036, 743A.040, 743A.044, 743A.048, 743A.066, 743A.068,
743A.084, 743A.088, 743A.090, 743A.140, 743A.148, 743A.168,
743A.180, 743A.188 and 743A.190 { +  and section 2 of this 2008
Act + }.  Multiple employer welfare arrangements to which ORS
743.730 to 743.773 apply are subject to the sections referred to
in this paragraph only as provided in ORS 743.730 to 743.773.
  (g) Provisions of ORS chapter 744 relating to the regulation of
insurance producers and insurance consultants, and ORS 744.700 to
744.740.
  (h) ORS 746.005 to 746.140, 746.160 and 746.220 to 746.370.
  (i) ORS 731.592 and 731.594.
  (2) For the purposes of this section:
  (a) A trust carrying out a multiple employer welfare
arrangement shall be considered an insurer.
  (b) References to certificates of authority shall be considered
references to certificates of multiple employer welfare
arrangement.
  (c) Contributions shall be considered premiums.
  (3) The provision of health benefits under ORS 750.301 to
750.341 shall be considered to be the transaction of health
insurance.
  SECTION 8. ORS 750.333, as amended by section 4, chapter 263,
Oregon Laws 2003, section 11, chapter 182, Oregon Laws 2007,
section 8, chapter 313, Oregon Laws 2007, section 6, chapter 504,
Oregon Laws 2007, section 6, chapter 566, Oregon Laws 2007, and
section 6, chapter 872, Oregon Laws 2007, is amended to read:
  750.333. (1) The following provisions of the Insurance Code
apply to trusts carrying out a multiple employer welfare
arrangement:
  (a) ORS 731.004 to 731.150, 731.162, 731.216 to 731.268,
731.296 to 731.316, 731.324, 731.328, 731.378, 731.386, 731.390,
731.398, 731.406, 731.410, 731.414, 731.418 to 731.434, 731.454,
731.484, 731.486, 731.488, 731.512, 731.574 to 731.620, 731.640
to 731.652  { - , - }  { +  and + } 731.804 to 731.992.
  (b) ORS 733.010 to 733.050, 733.140 to 733.170, 733.210,
733.510 to 733.680 and 733.695 to 733.780.
  (c) ORS chapter 734.
  (d) ORS 742.001 to 742.009, 742.013, 742.061 and 742.400.
  (e) ORS 743.028, 743.053, 743.524, 743.526, 743.527, 743.528,
743.529, 743.530, 743.560, 743.562, 743.600, 743.601, 743.602,
743.610, 743.730 to 743.773 (except 743.760 to 743.773), 743.801,
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, 743A.012, 743A.064, 743A.080,
743A.100, 743A.104, 743A.110 and 743A.184.
  (f) ORS 743A.010, 743A.014, 743A.024, 743A.028, 743A.032,
743A.036, 743A.040, 743A.044, 743A.048, 743A.066, 743A.068,
743A.084, 743A.088, 743A.090, 743A.140, 743A.148, 743A.168,
743A.180 and 743A.190 { +  and section 2 of this 2008 Act + }.
Multiple employer welfare arrangements to which ORS 743.730 to
743.773 apply are subject to the sections referred to in this
paragraph only as provided in ORS 743.730 to 743.773.
 
 
  (g) Provisions of ORS chapter 744 relating to the regulation of
insurance producers and insurance consultants, and ORS 744.700 to
744.740.
  (h) ORS 746.005 to 746.140, 746.160 and 746.220 to 746.370.
  (i) ORS 731.592 and 731.594.
  (2) For the purposes of this section:
  (a) A trust carrying out a multiple employer welfare
arrangement shall be considered an insurer.
  (b) References to certificates of authority shall be considered
references to certificates of multiple employer welfare
arrangement.
  (c) Contributions shall be considered premiums.
  (3) The provision of health benefits under ORS 750.301 to
750.341 shall be considered to be the transaction of health
insurance.
  SECTION 9. ORS 750.333, as amended by section 8, chapter 137,
Oregon Laws 2003, section 4, chapter 263, Oregon Laws 2003,
section 3, chapter 446, Oregon Laws 2003, section 6, chapter 418,
Oregon Laws 2005, section 12, chapter 182, Oregon Laws 2007,
section 9, chapter 313, Oregon Laws 2007, section 7, chapter 504,
Oregon Laws 2007, section 7, chapter 566, Oregon Laws 2007, and
section 7, chapter 872, Oregon Laws 2007, is amended to read:
  750.333. (1) The following provisions of the Insurance Code
apply to trusts carrying out a multiple employer welfare
arrangement:
  (a) ORS 731.004 to 731.150, 731.162, 731.216 to 731.268,
731.296 to 731.316, 731.324, 731.328, 731.378, 731.386, 731.390,
731.398, 731.406, 731.410, 731.414, 731.418 to 731.434, 731.454,
731.484, 731.486, 731.488, 731.512, 731.574 to 731.620, 731.640
to 731.652  { - , - }  { +  and + } 731.804 to 731.992.
  (b) ORS 733.010 to 733.050, 733.140 to 733.170, 733.210,
733.510 to 733.680 and 733.695 to 733.780.
  (c) ORS chapter 734.
  (d) ORS 742.001 to 742.009, 742.013, 742.061 and 742.400.
  (e) ORS 743.028, 743.053, 743.524, 743.526, 743.527, 743.528,
743.529, 743.530, 743.560, 743.562, 743.600, 743.601, 743.602,
743.610, 743.730 to 743.773 (except 743.760 to 743.773), 743.801,
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, 743A.012, 743A.064, 743A.080,
743A.100, 743A.104, 743A.110 and 743A.184.
  (f) ORS 743A.010, 743A.014, 743A.024, 743A.028, 743A.032,
743A.036, 743A.040, 743A.048, 743A.066, 743A.068, 743A.084,
743A.088, 743A.090, 743A.140, 743A.148, 743A.168, 743A.180 and
743A.190 { +  and section 2 of this 2008 Act + }. Multiple
employer welfare arrangements to which ORS 743.730 to 743.773
apply are subject to the sections referred to in this paragraph
only as provided in ORS 743.730 to 743.773.
  (g) Provisions of ORS chapter 744 relating to the regulation of
insurance producers and insurance consultants, and ORS 744.700 to
744.740.
  (h) ORS 746.005 to 746.140, 746.160 and 746.220 to 746.370.
  (i) ORS 731.592 and 731.594.
  (2) For the purposes of this section:
  (a) A trust carrying out a multiple employer welfare
arrangement shall be considered an insurer.
  (b) References to certificates of authority shall be considered
references to certificates of multiple employer welfare
arrangement.
  (c) Contributions shall be considered premiums.
  (3) The provision of health benefits under ORS 750.301 to
750.341 shall be considered to be the transaction of health
insurance.
  SECTION 10.  { + Section 2 of this 2008 Act and the amendments
to ORS 430.010, 743A.168 and 750.333 by sections 3 and 6 to 9 of
 
this 2008 Act apply to health benefit plan policies issued or
renewed on or after the effective date of this 2008 Act. + }
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