70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session
Enrolled
Senate Bill 588
Sponsored by Senators BROWN, BRYANT; Senators CASTILLO, CORCORAN,
DUNCAN, METSGER, MILLER, SHANNON, STARR, TROW, WILDE, YIH,
Representatives BACKLUND, BECK, EDWARDS, HANSEN, HOPSON,
KAFOURY, KING, KNOPP, KROPF, LOKAN, LOWE, MERKLEY, PIERCY,
PROZANSKI, RASMUSSEN, ROSS, SCHRADER, TAYLOR, THOMPSON,
UHERBELAU, WALKER, WITT (at the request of Oregon Women's
Health and Wellness Alliance)
CHAPTER ................
AN ACT
Relating to health insurance coverage of women's health
examinations; creating new provisions; amending ORS 743.727,
743.728 and 750.333; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 743.727 is amended to read:
743.727. { + (1) + } Every health insurance policy that covers
hospital, medical or surgical expenses, other than coverage
limited to expenses from accidents or specific diseases, shall
provide coverage { - upon the referral of a patient's
physician, nurse practitioner or physician assistant for breast
cancer screening or diagnostic purposes according to the schedule
recommended under the implementation of chapter 836, Oregon Laws
1989, as incorporated into the basic health plans required to be
submitted to, and authorized by, the Director of the Department
of Consumer and Business Services pursuant to ORS 743.736 (1) and
(2). The schedule of covered examinations required by this
section shall be modified concurrently with recommended revisions
to the basic health plans as approved by the director. - }
{ + of mammograms as follows:
(a) Mammograms for the purpose of diagnosis in symptomatic or
high-risk women at any time upon referral of the woman's health
care provider; and
(b) An annual mammogram for the purpose of early detection for
a woman 40 years of age or older, with or without referral from
the woman's health care provider.
(2) An insurance policy described in subsection (1) of this
section must not limit coverage of mammograms to the schedule
provided in subsection (1) of this section if the woman is
determined by her health care provider to be at high risk for
breast cancer. + }
SECTION 2. ORS 743.728 is amended to read:
743.728. All policies providing health insurance, except those
policies whose coverage is limited to expenses from accidents or
specific diseases that are unrelated to the coverage required by
this section, shall include coverage for pelvic examinations and
Pap smear examinations { - according to the schedule
Enrolled Senate Bill 588 (SB 588-B) Page 1
recommended under the implementation of chapter 836, Oregon Laws
1989, as incorporated into the basic health plans required to be
submitted to and authorized by the Director of the Department of
Consumer and Business Services pursuant to ORS 743.736 (1) and
(2). The schedule of covered examinations required by this
section shall be modified concurrently with recommended revisions
to the basic health plans as approved by the director. - }
{ + as follows:
(1) Annually for women 18 to 64 years of age; and
(2) At any time upon referral of the woman's health care
provider. + }
SECTION 3. 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, { + 743.727, 743.728, + } 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.
(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 4. 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.
Enrolled Senate Bill 588 (SB 588-B) Page 2
(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, { + 743.727, 743.728, + } 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.
(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 5. { + Nothing in the amendments to ORS 750.333 by
section 3 or 4 of this 1999 Act affects the repealing or
operative date provisions of section 7, chapter 759, Oregon Laws
1997. + }
SECTION 6. { + This 1999 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 1999 Act takes effect on its
passage. + }
----------
Passed by Senate May 4, 1999
Repassed by Senate June 4, 1999
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 1, 1999
...........................................................
Speaker of House
Enrolled Senate Bill 588 (SB 588-B) Page 3
Received by Governor:
......M.,............., 1999
Approved:
......M.,............., 1999
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 1999
...........................................................
Secretary of State
Enrolled Senate Bill 588 (SB 588-B) Page 4