2011 ORS § 750.333¹
Applicable provisions of Insurance Code
(1) The following provisions of the Insurance Code apply to trusts carrying out a multiple employer welfare arrangement:
(a) ORS 731.004 (Short title) to 731.150 (Definitions of classes of insurance not mutually exclusive), 731.162 (Health insurance), 731.216 (Administrative power of director) to 731.268 (Use of reproductions and certified copies as evidence), 731.296 (Directors inquiries) to 731.316 (Expenses of examination of insurer), 731.324 (Service of process on Secretary of State), 731.328 (Deposits by unauthorized insurers in actions or proceedings), 731.378 (Foreign and alien insurers exempt from laws governing admission of foreign and alien corporations), 731.386 (Management of insurers), 731.390 (Government insurers not to be authorized), 731.398 (Amendment of certificate of authority), 731.406 (What certificate evidences), 731.410 (Continuance, expiration or reinstatement of certificate of authority), 731.414 (Suspension or revocation of certificate of authority), 731.418 (Grounds for suspension or revocation of certificate of authority) to 731.434 (Registered office and agent), 731.454 (Domestic insurers not to transact business in jurisdiction where not authorized), 731.484 (Prohibition on certain sales related to group health and group life insurance), 731.486 (Exemption from definition of transact insurance for group life policies), 731.488 (Annual audit of insurer), 731.512 (Withdrawal of insurer), 731.574 (Annual financial statement) to 731.620 (Assignment of deposited securities), 731.640 (Eligible deposits) to 731.652 (Proofs for release of deposit to insurers), 731.804 (Assessments) to 731.992 (Criminal penalty) and 743.061 (Uniform standards for health care financial and administrative transactions).
(b) ORS 733.010 (Assets allowed) to 733.050 (Increase of inadequate reserves), 733.140 (Disallowance of wash transactions) to 733.170 (Accounts and records), 733.210 (Directors determinations), 733.510 (Investments of insurers) to 733.680 (Acquisition and retention of personal property generally) and 733.695 (Investment of funds in obligations that are not investment quality) to 733.780 (Prohibited investments).
(c) ORS chapter 734.
(d) ORS 742.001 (Scope of ORS chapters 742, 743 and 743A) to 742.009 (Regulation of sales material), 742.013 (Representations in applications), 742.061 (Recovery of attorney fees in action on policy or contractors bond) and 742.400 (Duty to report claim of professional negligence to licensing board).
(e) ORS 743.028 (Uniform health insurance claim forms), 743.053 (Prohibition on requirement that death or dismemberment occur in less than 180 days after accident), 743.499 (Notice to policyholder required for cancellation or nonrenewal of health benefit plan), 743.524 (Eligibility of association to be group health policyholder), 743.526 (Determination of whether trustees are policyholders), 743.527 (When group health insurance policies to continue in effect upon payment of premium by insured individual), 743.528 (Required provisions in group health insurance policies), 743.529 (Continuation of benefits after termination of group health insurance policy), 743.530 (Continuation of benefits after injury or illness covered by workers compensation), 743.560 (Minimum grace period), 743.562 (Applicability of ORS 743.560), 743.600 (Availability of continued coverage under group policy for surviving, divorced or separated spouse 55 or older), 743.601 (Procedure for obtaining continuation of coverage under ORS 743.600), 743.602 (Premium for continuation of coverage under ORS 743.600), 743.610 (Continuation of coverage under group policy upon termination of membership in group health insurance policy), 743.730 (Definitions for ORS 743.730 to 743.773) to 743.773 (Rules for ORS 743.766 to 743.769) (except 743.760 (Approval of portability plans) to 743.773 (Rules for ORS 743.766 to 743.769)), 743.801 (Definitions), 743.804 (Required notices to applicants and enrollees), 743.807 (Utilization review requirements for insurers offering health benefit plan), 743.808 (Requirements for insurers that require designation of participating primary care physician), 743.814 (Requirements for insurers offering managed health insurance) to 743.839 (Disclosure of information), 743.842 (Emergency eye care services without referral from primary care provider), 743.845 (Designation of womens health care provider as primary care provider), 743.847 (Medicaid not considered in coverage eligibility determination), 743.854 (Continuity of care), 743.856 (Referrals to specialists), 743.857 (External review), 743.858 (Director to contract with independent review organizations to provide external review), 743.859 (Notice to enrollee of right to sue if insurer does not follow decision of independent review organization), 743.861 (Enrollee application for external review), 743.862 (Duties of independent review organizations), 743.863 (Civil penalty for failure to comply by insurer that agreed to be bound by decision), 743.864 (Private right of action), 743.894 (Rescinding coverage), 743.912 (Refund of paid claims), 743.917 (Underpayment of claims), 743A.012 (Emergency services), 743A.020 (Services provided by acupuncturist), 743A.034 (Services provided by expanded practice dental hygienist), 743A.052 (Services provided by professional counselor or marriage and family therapist), 743A.064 (Prescription drugs dispensed at rural health clinics), 743A.065 (Early refills of prescription eye drops for treatment of glaucoma), 743A.080 (Pregnancy and childbirth expenses), 743A.100 (Mammogram), 743A.104 (Pelvic examinations and Pap smear examinations), 743A.110 (Mastectomy-related services), 743A.144 (Prosthetic and orthotic devices), 743A.170 (Tobacco use cessation programs), 743A.175 (Traumatic brain injury), 743A.184 (Diabetes self-management programs) and 743A.192 (Clinical trials).
(f) ORS 743A.010 (Services provided by state hospital or state approved program), 743A.014 (Payments for ambulance care and transportation), 743A.024 (Services provided by clinical social worker), 743A.028 (Services provided by denturist), 743A.032 (Surgical services provided by dentist), 743A.036 (Services provided by nurse practitioner), 743A.040 (Services provided by optometrist), 743A.048 (Services provided by psychologist), 743A.058 (Telemedical services), 743A.066 (Contraceptives), 743A.068 (Orally administered anticancer medication), 743A.070 (Nonprescription enteral formula for home use), 743A.084 (Unmarried women and their children), 743A.088 (Use by mother of diethylstilbestrol), 743A.090 (Natural and adopted children), 743A.105 (HPV vaccine), 743A.140 (Bilateral cochlear implants), 743A.141 (Hearing aids), 743A.148 (Maxillofacial prosthetic services), 743A.168 (Treatment of chemical dependency, including alcoholism, and mental or nervous conditions), 743A.180 (Tourette Syndrome), 743A.185 (Telemedical health services for treatment of diabetes), 743A.188 (Inborn errors of metabolism) and 743A.190 (Children with pervasive developmental disorder). Multiple employer welfare arrangements to which ORS 743.730 (Definitions for ORS 743.730 to 743.773) to 743.773 (Rules for ORS 743.766 to 743.769) apply are subject to the sections referred to in this paragraph only as provided in ORS 743.730 (Definitions for ORS 743.730 to 743.773) to 743.773 (Rules for ORS 743.766 to 743.769).
(g) Provisions of ORS chapter 744 relating to the regulation of insurance producers and insurance consultants, and ORS 744.700 (Definitions for ORS 744.700 to 744.740) to 744.740 (Responsibility of insurer using third party administrator).
(h) ORS 746.005 (Trade practices exempted from prohibitions) to 746.140 (Sale of life insurance with securities), 746.160 (Practices injurious to free competition) and 746.220 (Debtors option in furnishing credit life or credit health insurance) to 746.370 (Records of insureds).
(j) ORS 731.870 (State of emergency).
(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 (Definitions for ORS 750.301 to 750.341) to 750.341 (Requirement for multiple employer welfare arrangement to become traditional insurer) shall be considered to be the transaction of health insurance. [1993 c.615 §19; 1995 c.506 §4; 1995 c.603 §30; 1995 c.669 §4; 1995 c.672 §9; 1997 c.343 §23; 1997 c.496 §5; 1997 c.759 §6; 1999 c.428 §§7,8; 1999 c.429 §§3,4; 1999 c.633 §§9,10; 1999 c.749 §§6,7; 1999 c.987 §§25,26; 2001 c.266 §17; 2001 c.742 §5; 2003 c.87 §25; 2003 c.91 §6; 2003 c.137 §8; 2003 c.263 §4; 2003 c.363 §15; 2003 c.364 §170; 2003 c.446 §3; 2003 c.748 §4; 2005 c.418 §6; 2007 c.182 §§10,11,12; 2007 c.313 §§7,8,9; 2007 c.504 §§5,6,7; 2007 c.566 §§5,6,7; 2007 c.872 §§5,6,7; 2008 c.22 §§7,8,9; 2009 c.274 §§5,6,7; 2009 c.383 §§4,5; 2009 c.384 §§5,6,7; 2009 c.423 §§5,6,7; 2009 c.503 §§5,6,7; 2009 c.549 §12; 2009 c.553 §§5,6,7; 2009 c.630 §§5,6,7; 2009 c.703 §§2,3,4; 2009 c.807 §§7,8,9; 2011 c.130 §8; 2011 c.312 §4; 2011 c.500 §44; 2011 c.660 §27; 2011 c.716 §14]
Note: Additions by chapter 322, Oregon Laws 2011, to the series 743.730 (Definitions for ORS 743.730 to 743.773) to 743.773 (Rules for ORS 743.766 to 743.769), which become operative January 2, 2014, expand the series to 743.730 (Definitions for ORS 743.730 to 743.773) to 743.773 (Rules for ORS 743.766 to 743.769), 743.822 (Requirement to offer bronze and silver plans) and 743.826 (Requirements for catastrophic plans). See sections 1, 2 [743.822 (Requirement to offer bronze and silver plans) (2)], 3 [743.822 (Requirement to offer bronze and silver plans) (1)], 4 [743.826 (Requirements for catastrophic plans)] and 6, chapter 322, Oregon Laws 2011. See Preface to Oregon Revised Statutes for further explanation.
Note: See note under 750.301 (Definitions for ORS 750.301 to 750.341).