75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
HA to HB 3145
LC 2355/HB 3145-5
HOUSE AMENDMENTS TO
HOUSE BILL 3145
By COMMITTEE ON CONSUMER PROTECTION
May 4
On page 1 of the printed bill, line 2, after the second
semicolon delete the rest of the line and delete line 3 and
insert ' amending ORS 743.018, 750.055 and 750.333; repealing ORS
731.240; and declaring an emergency.'.
Delete lines 5 through 28 and delete pages 2 through 11 and
insert:
' { + SECTION 1. + } { + Sections 2 to 6 of this 2009 Act
are added to and made a part of the Insurance Code. + }
' { + SECTION 2. + } { + (1) When an insurer files a
schedule or table of premium rates for a health benefit plan for
small employers or for an individual health benefit plan under
ORS 743.018, prior to approving or disapproving the premium
rates, the Director of the Department of Consumer and Business
Services shall open a 30-day public comment period on the rate
filing. The 30-day public comment period must begin on the date
the director makes the rate filing available for public
inspection under ORS 743.018.
' (2) Upon the director's own initiative, the director may
conduct a public hearing under section 3 of this 2009 Act on a
rate filing for a health benefit plan for small employers or for
an individual health benefit plan submitted under ORS 743.018.
' (3) The director shall conduct a public hearing under section
3 of this 2009 Act on a rate filing for a health benefit plan for
small employers or for an individual health benefit plan
submitted under ORS 743.018 if:
' (a) The rate filing proposes an average annual change to
rates of eight percent or greater; and
' (b) The director receives a written request from:
' (A) The insurer who submitted the rate filing, if the insurer
also submits comments that address whether the rate filing is
consistent with the standards for review of a rate filing under
ORS 743.018;
' (B) Ten persons who are policyholders affected by the rate
filing if approved and who submit comments that address whether
the rate filing is consistent with the standards for review of a
rate filing under ORS 743.018; or
' (C) An association having not fewer than 10 members who are
policyholders who would be subject to the rate filing if approved
and who submit comments that address whether the rate filing is
consistent with the standards for review of a rate filing under
ORS 743.018.
' (4) The director shall approve or disapprove a rate filing
for a health benefit plan for small employers or for an
individual health benefit plan submitted under ORS 743.018:
' (a) Within five days after the close of the public comment
period if a public hearing is not conducted; or
' (b) Within 30 days after the public hearing if a public
hearing is conducted pursuant to subsection (2) or (3) of this
section.
' (5) The director may extend the time limits in subsection (4)
of this section for one additional period not to exceed 30 days.
However, the director shall approve or disapprove a rate filing
within 90 days after the insurer files the schedule or table of
premium rates under ORS 743.018.
' (6) The director shall give notice of the approval or
disapproval of a rate filing for a health benefit plan for small
employers or for an individual health benefit plan submitted
under ORS 743.018:
' (a) To the public in accordance with rules adopted by the
director; and
' (b) In writing to the insurer who submitted the rate filing.
The notice to the insurer must comply with ORS 183.415.
' (7) A person who submitted comments that address whether the
rate filing is consistent with the standards for review of a rate
filing under ORS 743.018 (5) and who is adversely affected by the
decision of the director to approve or disapprove a premium rate
filing under subsection (4) of this section may request a hearing
to determine whether the proposed rate complies with the
standards. The person must request the hearing in accordance with
the provisions of ORS chapter 183 applicable to a contested case
proceeding. + }
' { + SECTION 3. + } { + (1) The Director of the Department
of Consumer and Business Services shall conduct a hearing held
pursuant to section 2 (2) or (3) of this 2009 Act in accordance
with this section. If the hearing is in response to a written
request under section 2 (3) of this 2009 Act, the insurer,
persons or association must state the grounds for requesting the
public hearing.
' (2) A public hearing under this section is conducted for the
purpose of obtaining additional information on a rate filing and
is not a contested case as defined in ORS 183.310 and is not
subject to the requirements of ORS 183.600 to 183.690.
' (3) The director shall give notice of a public hearing under
this section at least 14 days before the public hearing to the
insurer, to the persons or association that requested the public
hearing and to persons who have requested notice of the public
hearing. + }
' { + SECTION 4. + } { + Notwithstanding any provision of
ORS 743.737 or 743.767, for purposes of complying with provisions
limiting the increase of rates of a health benefit plan to not
more than once in a 12-month period, if the proposed rate
increase is subject to a public hearing under section 2 of this
2009 Act, the proposed rate shall be considered to take effect on
the anniversary date of the plan even if the rate is not finally
approved until after the anniversary date. However, the insurer
may not collect premiums in accordance with the proposed rate
until the rate is approved. + }
' { + SECTION 5. + } { + (1) In order to allow the Director
of the Department of Consumer and Business Services to determine
whether a proposed rate for a health benefit plan for small
employers or for an individual health benefit plan is based upon
reasonable administrative expenses under ORS 743.018 (5), a
licensed health insurer shall include in a rate filing a
statement of administrative expenses in such form and detail as
the director prescribes by rule, including but not limited to:
' (a) A statement of administrative expenses on a per member
per month basis; and
' (b) An explanation of the basis for any proposed increases or
decreases.
' (2) The director may approve reasonable increases in
administrative expenses but, without sufficient justification by
the insurer that the increases are necessary and appropriate as
determined by the director, may not approve increases in
administrative expenses that exceed the cost of living for the
previous calendar year, based on the Portland-Salem, OR-WA,
Consumer Price Index for All Urban Consumers for All Items, as
published by the Bureau of Labor Statistics of the United States
Department of Labor. + }
' { + SECTION 6. + } { + The Director of the Department of
Consumer and Business Services shall by rule:
' (1) Specify the information a carrier must submit as part of
a rate filing under ORS 743.018; and
' (2) Identify the information submitted that will be exempt
from disclosure under ORS 743.018 because the information
constitutes a trade secret and would, if disclosed, harm
competition. + }
' { + SECTION 7. + } ORS 743.018 is amended to read:
' 743.018. (1) Except for group life and health insurance, and
except as provided in ORS 743.015, every insurer shall file with
the Director of the Department of Consumer and Business Services
all schedules and tables of premium rates for life and health
insurance to be used on risks in this state, and shall file any
amendments to or corrections of such schedules and tables.
' { + (2) In addition to the requirements of ORS 743.010,
743.737 and 743.767, the director must consider the factors set
forth in subsection (5) of this section in determining whether to
approve or disapprove the schedules and tables of premium rates
for health insurance filed for a health benefit plan for small
employers or for an individual health benefit plan in accordance
with subsection (1) of this section. + }
' { - (2) - } { + (3) + } Except as provided in ORS 743.737
and 743.760 and
{ - subsection (3) of this - } section { + 6 of this 2009
Act + }, a rate filing by a carrier for any of the following
health benefit plans subject to ORS 743.730 to 743.773 shall be
available for public inspection immediately upon submission of
the filing to the director:
' (a) Health benefit plans for small employers.
' (b) Portability health benefit plans.
' (c) Individual health benefit plans.
' { - (3) The director, upon request by a carrier, may exempt
from disclosure any part of the filing that the director
determines to contain trade secrets and that would, if disclosed,
harm competition. The part that the director determines to be
exempt from disclosure shall be considered confidential for
purposes of ORS 705.137. The director may not disclose a part of
a filing subject to a carrier's request pending the director's
determination under this subsection. - }
' { + (4) The director may not approve a proposed premium
rate for a health benefit plan for small employers or for an
individual health benefit plan unless the insurer establishes to
the satisfaction of the director that the rates are:
' (a) Actuarially sound;
' (b) Reasonable and not excessive, inadequate or unfairly
discriminatory; and
' (c) Based upon reasonable administrative expenses.
' (5) In order to determine whether the insurer has established
that a proposed premium rate for a health benefit plan for small
employers or for an individual health benefit plan is reasonable
and not excessive, inadequate or unfairly discriminatory, the
director must consider:
' (a) The insurer's financial position, including but not
limited to profitability, surplus, reserves and investment
earnings.
' (b) Historical and projected nonmedical, medical and hospital
expenses.
' (c) The historical and projected loss ratio between the
amounts spent on medical services and earned premiums.
' (d) The historical and projected trend in costs of medical
services.
' (e) Historical and projected administrative costs.
' (f) The variation in proposed rates over the population
affected.
' (g) The effect of medical underwriting.
' (h) Any anticipated change in the number of enrollees if the
proposed rate is approved.
' (i) Changes to covered benefits or the health benefit plan
design that accompany the rate increases, including:
' (A) An expansion or reduction of the benefits covered under
the health benefit plan;
' (B) An expansion or reduction of benefits due to a change in
the formulas, methodologies or schedules used in making benefit
determinations;
' (C) An increase or decrease in coinsurance, deductibles,
copayments or other costs paid by enrollees; and
' (D) The establishment of new requirements for coverage,
including prior authorization or other methods of utilization
control, or elimination of requirements.
' (j) The insurer's efforts, since the insurer's last rate
filing for the same category of health benefit plan, to contain
costs while maintaining or improving quality, including:
' (A) The extent to which the health benefit plan design
reduces or waives copayments, coinsurance and deductibles for
preventive health care, primary care and chronic disease
management;
' (B) Whether the insurer uses the Oregon Prescription Drug
Program or another program that is effective in reducing
prescription drug costs;
' (C) The insurer's adoption of innovative provider contracting
practices or payment methodologies that promote quality and
efficiency and encourage providers to use evidence-based clinical
standards; and
' (D) The insurer's programs that identify and address
excessive or inadequate utilization of covered services.
' (k) Whether the proposed change in rate is necessary to
maintain the insurer's solvency or to maintain rate stability and
prevent excessive rate increases in the future.
' (L) Whether the proposed change in rate will result in or
reduce market disruption.
' (6) In addition to materials submitted by the insurer as part
of the rate filing, in order to consider the factors described in
subsection (5) of this section, the director may examine
documents and materials that the insurer previously submitted to
the department and if necessary, require the insurer to submit
additional materials. + }
' { + SECTION 8. + } ORS 750.055, as amended by section 5,
chapter 22, Oregon Laws 2008, 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 and section 2,
chapter 22, Oregon Laws 2008.
' (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, 743.472, 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,
743.560, 743.600 to 743.610, 743.650 to 743.664, 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, 743.911, 743.913, 743A.010, 743A.012, 743A.036,
743A.048, 743A.062, 743A.064, 743A.066, 743A.068, 743A.070,
743A.080, 743A.084, 743A.088, 743A.090, 743A.100, 743A.104,
743A.110, 743A.140, 743A.148, 743A.160, 743A.164, 743A.168,
743A.184, 743A.188 and 743A.190 { + and sections 2 to 6 of this
2009 Act + }.
' (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 743A.024, 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 9. + } 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, section 5,
chapter 418, Oregon Laws 2005, section 3, chapter 128, Oregon
Laws 2007, section 9, chapter 182, Oregon Laws 2007, section 6,
chapter 313, Oregon Laws 2007, section 4, chapter 504, Oregon
Laws 2007, section 4, chapter 566, Oregon Laws 2007, section 4,
chapter 872, Oregon Laws 2007, and section 6, chapter 22, Oregon
Laws 2008, 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 and section 2,
chapter 22, Oregon Laws 2008.
' (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, 743.472, 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,
743.560, 743.600 to 743.610, 743.650 to 743.656, 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, 743.911, 743.913, 743A.010, 743A.012, 743A.036,
743A.048, 743A.062, 743A.064, 743A.066, 743A.068, 743A.070,
743A.080, 743A.084, 743A.088, 743A.090, 743A.100, 743A.104,
743A.110, 743A.140, 743A.148, 743A.160, 743A.164, 743A.168,
743A.184 and 743A.190 { + and sections 2 to 6 of this 2009
Act + }.
' (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 743A.024, 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 10. + } ORS 750.333, as amended by section 7,
chapter 22, Oregon Laws 2008, 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 { + and sections 2 to
6 of this 2009 Act + }.
' (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. 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.
' (j) Section 2, chapter 22, Oregon Laws 2008.
' (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 11. + } 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, section 6, chapter 872, Oregon Laws 2007, and section
8, chapter 22, Oregon Laws 2008, 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 { + and sections 2 to
6 of this 2009 Act + }.
' (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. 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.
' (j) Section 2, chapter 22, Oregon Laws 2008.
' (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 12. + } 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, section 7, chapter 872, Oregon Laws 2007, and section
9, chapter 22, Oregon Laws 2008, 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 { + and sections 2 to
6 of this 2009 Act + }.
' (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. 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.
' (j) Section 2, chapter 22, Oregon Laws 2008.
' (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 13. + } { + ORS 731.240 is repealed. + }
' { + SECTION 14. + } { + (1) Sections 2 to 5 of this 2009
Act and the amendments to ORS 743.018, 750.055 and 750.333 by
sections 7 to 12 of this 2009 Act become operative on April 1,
2010.
' (2) The Director of the Department of Consumer and Business
Services may take any action before the operative date specified
in subsection (1) of this section that is necessary to enable the
director to exercise, on and after the operative date specified
in subsection (1) of this section, all the duties, functions and
powers conferred on the director by sections 2 to 5 of this 2009
Act and the amendments to ORS 743.018, 750.055 and 750.333 by
sections 7 to 12 of this 2009 Act. + }
' { + SECTION 15. + } { + Sections 2 to 5 of this 2009 Act
and the amendments to ORS 743.018, 750.055 and 750.333 by
sections 7 to 12 of this 2009 Act apply to premium rate filings
for health benefit plans that are issued or renewed on or after
April 1, 2010. + }
' { + SECTION 16. + } { + This 2009 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2009 Act
takes effect on its passage. + } ' .
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