2011 ORS § 735.650¹
Application of provisions of Insurance Code
(1) The following provisions of the Insurance Code shall apply to the pool to the extent applicable and not inconsistent with the express provisions of ORS 735.600 (Legislative intent) to 735.650 (Application of provisions of Insurance Code): ORS 731.004 (Short title) to 731.022 (Compliance with Insurance Code required), 731.052 (Insurance Code definitions) to 731.146 (Transact insurance), 731.162 (Health insurance), 731.216 (Administrative power of director) to 731.328 (Deposits by unauthorized insurers in actions or proceedings), 742.023 (Contents of policies in general), 742.028 (Additional policy contents), 742.046 (Delivery of policy), 742.051 (Renewal by certificate), 742.056 (Certain conduct not deemed waiver), 743.024 (Personal insurance, insurable interest and beneficiaries), 743.027 (Consent of individual required for life and health insurance), 743.028 (Uniform health insurance claim forms), 743.041 (Payment discharges insurer), 743.050 (Exemption of proceeds of health insurance), 743.100 (Short title) to 743.106 (Reading ease standards for life and health insurance policies), 743.402 (Exceptions to individual health insurance policy requirements), 743.801 (Definitions), 743.803 (Medical services contract provisions), 743.804 (Required notices to applicants and enrollees), 743.806 (Utilization review requirements for medical services contracts to which insurer not party), 743.807 (Utilization review requirements for insurers offering health benefit plan), 743.808 (Requirements for insurers that require designation of participating primary care physician), 743.811 (Applicability), 743.814 (Requirements for insurers offering managed health insurance), 743.817 (Requirements for insurers offering managed health or preferred provider organization insurance), 743.819 (Reporting requirements), 743.821 (Required managed health insurance contract provision), 743.823 (Enforcement of Newborns and Mothers Health Protection Act of 1996), 743.827 (Health Care Consumer Protection Advisory Committee), 743.829 (Decisions regarding health care facility length of stay, level of care and follow-up care), 743.834 (Insurer prohibited practices), 743.837 (Prior authorization requirements), 743.839 (Disclosure of information), 743.845 (Designation of womens health care provider as primary care provider), 743A.084 (Unmarried women and their children), 743A.090 (Natural and adopted children), 746.005 (Trade practices exempted from prohibitions) to 746.370 (Records of insureds), 746.600 (Definitions for ORS 746.600 to 746.690), 746.605 (Purpose), 746.607 (Use and disclosure of personal information), 746.608 (Rules), 746.610 (Application of ORS 746.600 to 746.690), 746.615 (Pretext interviews prohibited), 746.625 (Marketing and research surveys), 746.635 (Investigative consumer reports), 746.650 (Reasons for adverse underwriting decisions), 746.655 (Information concerning previous adverse underwriting decisions), 746.660 (Basing adverse underwriting decision on previous adverse decision), 746.668 (Relationship of ORS 746.620, 746.630 and 746.665 to federal Fair Credit Reporting Act), 746.670 (Investigatory powers), 746.675 (Service of process on out-of-state insurance-support organizations), 746.680 (Remedies) and 746.690 (Obtaining information under false pretenses prohibited).
(2) For the purposes of this section only, the pool shall be deemed an insurer, pool coverage shall be deemed individual health insurance and pool coverage contracts shall be deemed policies. [1987 c.838 §14; 1989 c.701 §72; 1989 c.838 §18; 1999 c.987 §3; 2001 c.356 §4; 2003 c.87 §20]
Note: Sections 1, 2 and 5, chapter 47, Oregon Laws 2010, provide:
Sec. 1. (1) The Temporary High Risk Pool Program Fund is established in the State Treasury, separate and distinct from the General Fund, consisting of:
(a) Moneys appropriated to the Temporary High Risk Pool Program Fund by the Legislative Assembly;
(b) Premiums paid to the Oregon Medical Insurance Pool Board by enrollees in the Temporary High Risk Pool Program established in section 2 of this 2010 Act; and
(c) Federal moneys provided to administer the Temporary High Risk Pool Program and pay health insurance premiums for enrollees in the program.
(2) All moneys in the Temporary High Risk Pool Program Fund are continuously appropriated to the Oregon Medical Insurance Pool Board for the purpose of carrying out section 2 of this 2010 Act. [2010 c.47 §1]
Sec. 2. (1) The Temporary High Risk Pool Program is established to ensure health insurance coverage for individuals who are uninsured and are not enrolled in the Oregon Medical Insurance Pool or other publicly funded medical assistance.
(2) The program shall be administered by the Oregon Medical Insurance Pool Board created by ORS 735.610 (Oregon Medical Insurance Pool Board). The board shall adopt rules for the program that are designed to obtain the maximum level of federal funding. The rules shall establish:
(a) Eligibility criteria for enrollment in the program;
(b) Health care benefits available through the program;
(c) The cost of premiums for participation in the program; and
(d) Other enrollment or benefit coverage conditions for the program.
(3) The board may limit enrollment in the program based on the anticipated federal funding and enrollee premium payments.
(4) The board has the authority to enter into contracts as necessary or proper to carry out this section. [2010 c.47 §2; 2011 c.70 §22]
Sec. 5. Sections 1 to 3 of this 2010 Act are repealed on January 2, 2016. [2010 c.47 §5]