ORS 414.640¹
Selection of providers
  • reimbursement for services not covered
  • actions as trade practice
  • actions not insurance
  • rules

(1) Eligible persons shall select, to the extent practicable as determined by the Department of Human Services, from among available providers participating in the program.

(2) The department by rule shall define the circumstances under which it may choose to reimburse for any medical services not covered under the prepaid capitation or costs of related services provided by or under referral from any physician participating in the program in which the eligible person is enrolled.

(3) The department shall establish requirements as to the minimum time period that an eligible person is assigned to specific providers in the system.

(4) Actions taken by providers, potential providers, contractors and bidders in specific accordance with this chapter in forming consortiums or in otherwise entering into contracts to provide medical care shall be considered to be conducted at the direction of this state, shall be considered to be lawful trade practices and shall not be considered to be the transaction of insurance for purposes of ORS 279A.025 (Application of Public Contracting Code), 279A.140 (State procurement of goods and services), 414.145 (Implementation of ORS 414.115, 414.125 or 414.135) and 414.610 (Legislative intent) to 414.640 (Selection of providers). [1983 c.590 §4; 1991 c.66 §25; 2003 c.794 §276]

1 Legislative Counsel Committee, CHAPTER 414—Medical Assistance, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors414.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information