Chapter 428 Oregon Laws 1999
Session Law
AN ACT
HB 2581
Relating to health insurance
coverage; creating new provisions; and amending ORS 750.055 and 750.333.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 2 of this 1999 Act is added to and
made a part of ORS chapter 743.
SECTION 2. All health benefit plans as defined in ORS
743.730 must provide payment or reimbursement for expenses associated with
pregnancy care, as defined by ORS 743.845 (1)(b), and childbirth. Benefits
provided under this section shall be extended to all enrollees, enrolled
spouses and enrolled dependents.
SECTION 3. Section 2 of this 1999 Act and the
amendments to ORS 750.055 and 750.333 by sections 4, 5, 7 and 8 of this 1999
Act apply to health insurance policies issued or renewed on or after the
effective date of this 1999 Act.
SECTION 4.
ORS 750.055 is amended to read:
750.055. (1) The following provisions of the Insurance Code
shall apply to health care service contractors to the extent so applicable and
not inconsistent with the express provisions of ORS 750.005 to 750.095:
(a) ORS 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, 731.450, 731.454,
731.488, 731.504, 731.508, 731.509, 731.510, 731.511, 731.512, 731.574 to
731.620, 731.640 to 731.652, 731.730, 731.731, 731.735, 731.737, 731.740,
731.750, 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 732.549 and 732.574 to
732.592.
(c)(A) ORS 733.010 to 733.050, 733.080, 733.140 to 733.170,
733.210, 733.510 to 733.620, 733.635 to 733.680 and 733.695 to 733.780 apply to
not-for-profit health care service contractors.
(B) ORS chapter 733, not including ORS 733.630, applies to
for-profit health care service contractors.
(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, 743.492, 743.495,
743.498, 743.523 to 743.527, 743.529, 743.549 to 743.555, 743.556, 743.560,
743.600 to 743.610, 743.650 to 743.656, 743.697, 743.699, 743.701, 743.704,
743.706 to 743.712, 743.721, 743.722, 743.726, 743.727, 743.728, 743.729,
743.804, 743.807, 743.808, 743.809, 743.814 to 743.839, 743.845 and 743.847 and section 2 of this 1999 Act.
(f) ORS 743.522 and 743.528, except that individual policies
may be issued to the persons or families insured in lieu of issuance of a
single group policy as referred to in ORS 743.522. An individual policy issued
under this paragraph shall be considered the statement of the essential
features of the insurance coverage required under ORS 743.528 (2).
(g) The provisions of ORS chapter 744 relating to the
regulation of agents.
(h) ORS 746.005 to 746.140, 746.160, 746.180, 746.220 to
746.370 and 746.600 to 746.690.
(i) 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.
(j) ORS 735.600 to 735.650.
(k) ORS 743.680 to 743.689.
(L) ORS 744.700 to 744.740.
(m) ORS 743.730 to 743.773.
(n) 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 only, health care service
contractors shall be deemed insurers.
(3) Any for-profit health care service contractor organized
under the laws of any other state which is not governed by the insurance laws
of such state, will be 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 5.
ORS 750.055, as amended by section 5, chapter 759, Oregon Laws 1997, is amended
to read:
750.055. (1) The following provisions of the Insurance Code
shall apply to health care service contractors to the extent so applicable and
not inconsistent with the express provisions of ORS 750.005 to 750.095:
(a) ORS 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, 731.450, 731.454,
731.488, 731.504, 731.508, 731.509, 731.510, 731.511, 731.512, 731.574 to
731.620, 731.640 to 731.652, 731.730, 731.731, 731.735, 731.737, 731.740,
731.750, 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 732.549 and 732.574 to
732.592.
(c)(A) ORS 733.010 to 733.050, 733.080, 733.140 to 733.170,
733.210, 733.510 to 733.620, 733.635 to 733.680 and 733.695 to 733.780 apply to
not-for-profit health care service contractors.
(B) ORS chapter 733, not including ORS 733.630, applies to
for-profit health care service contractors.
(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, 743.492, 743.495,
743.498, 743.523 to 743.527, 743.529, 743.549 to 743.555, 743.556, 743.560,
743.600 to 743.610, 743.650 to 743.656, 743.697, 743.699, 743.701, 743.704,
743.706 to 743.712, 743.721, 743.722, 743.726, 743.727, 743.728, 743.729,
743.804, 743.807, 743.808, 743.809, 743.814 to 743.839, 743.845 and 743.847 and
section 2, chapter 759, Oregon Laws 1997,
and section 2 of this 1999 Act.
(f) ORS 743.522 and 743.528, except that individual policies
may be issued to the persons or families insured in lieu of issuance of a
single group policy as referred to in ORS 743.522. An individual policy issued
under this paragraph shall be considered the statement of the essential
features of the insurance coverage required under ORS 743.528 (2).
(g) The provisions of ORS chapter 744 relating to the
regulation of agents.
(h) ORS 746.005 to 746.140, 746.160, 746.180, 746.220 to
746.370 and 746.600 to 746.690.
(i) 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.
(j) ORS 735.600 to 735.650.
(k) ORS 743.680 to 743.689.
(L) ORS 744.700 to 744.740.
(m) ORS 743.730 to 743.773.
(n) 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 only, health care service
contractors shall be deemed insurers.
(3) Any for-profit health care service contractor organized
under the laws of any other state which is not governed by the insurance laws
of such state, will be 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 6. Nothing in the amendments to ORS 750.055 by
section 4 or 5 of this 1999 Act affects the repealing or operative date
provisions of section 7, chapter 759, Oregon Laws 1997.
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, 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,
743.699, 743.730 to 743.773 (except 743.760 to 743.773), 743.804, 743.807,
743.808, 743.809, 743.814 to 743.839, 743.845 and 743.847 and section 2 of this 1999 Act.
(f) ORS 743.556, 743.701, 743.703, 743.704, 743.706, 743.707,
743.709, 743.710, 743.712, 743.713, 743.714, 743.717, 743.718, 743.719,
743.721, 743.722, 743.725 and 743.726. 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
agents and insurance consultants, and ORS 744.700 to 744.740.
(h) ORS 746.005 to 746.140, 746.160, 746.180 and 746.220 to
746.370.
(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 6, chapter 759, Oregon Laws 1997, 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, 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,
743.699, 743.730 to 743.773 (except 743.760 to 743.773), 743.804, 743.807,
743.808, 743.809, 743.814 to 743.839, 743.845 and 743.847 and section 2,
chapter 759, Oregon Laws 1997, and
section 2 of this 1999 Act.
(f) ORS 743.556, 743.701, 743.703, 743.704, 743.706, 743.707,
743.709, 743.710, 743.712, 743.713, 743.714, 743.717, 743.718, 743.719,
743.721, 743.722, 743.725 and 743.726. 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
agents and insurance consultants, and ORS 744.700 to 744.740.
(h) ORS 746.005 to 746.140, 746.160, 746.180 and 746.220 to
746.370.
(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. Nothing in the amendments to ORS 750.333 by
section 7 or 8 of this 1999 Act affects the repealing or operative date
provisions of section 7, chapter 759, Oregon Laws 1997.
Approved by the Governor
July 1, 1999
Filed in the office of
Secretary of State July 1, 1999
Effective date October 23,
1999
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