2007 ORS 743.801¹
Definitions

As used in ORS 743.801 (Definitions), 743.803 (Medical services contract provisions), 743.804 (Requirements for insurer offering health benefit plan), 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), 743.831 (Consortium established), 743.834 (Insurer prohibited practices), 743.837 (Prior authorization requirements), 743.839 (Disclosure of information), 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 (Inclusion of statements regarding external review in health benefit plans), 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), 743.911 (Payment or denial of health benefit plan claims), 743.913 (Interest on unpaid claims) and 743A.012 (Emergency services):

(1) "Emergency medical condition" means a medical condition that manifests itself by acute symptoms of sufficient severity, including severe pain, that a prudent layperson possessing an average knowledge of health and medicine would reasonably expect that failure to receive immediate medical attention would place the health of a person, or a fetus in the case of a pregnant woman, in serious jeopardy.

(2) "Emergency medical screening exam" means the medical history, examination, ancillary tests and medical determinations required to ascertain the nature and extent of an emergency medical condition.

(3) "Emergency services" means those health care items and services furnished in an emergency department and all ancillary services routinely available to an emergency department to the extent they are required for the stabilization of a patient.

(4) "Enrollee" has the meaning given that term in ORS 743.730 (Definitions for ORS 743.730 to 743.773).

(5) "Grievance" means a written complaint submitted by or on behalf of an enrollee regarding the:

(a) Availability, delivery or quality of health care services, including a complaint regarding an adverse determination made pursuant to utilization review;

(b) Claims payment, handling or reimbursement for health care services; or

(c) Matters pertaining to the contractual relationship between an enrollee and an insurer.

(6) "Health benefit plan" has the meaning provided for that term in ORS 743.730 (Definitions for ORS 743.730 to 743.773).

(7) "Independent practice association" means a corporation wholly owned by providers, or whose membership consists entirely of providers, formed for the sole purpose of contracting with insurers for the provision of health care services to enrollees, or with employers for the provision of health care services to employees, or with a group, as described in ORS 743.522 ("Group health insurance" described), to provide health care services to group members.

(8) "Insurer" has the meaning provided for that term in ORS 731.106 ("Insurer"). For purposes of ORS 743.801 (Definitions), 743.803 (Medical services contract provisions), 743.804 (Requirements for insurer offering health benefit plan), 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), 743.831 (Consortium established), 743.834 (Insurer prohibited practices), 743.837 (Prior authorization requirements), 743.839 (Disclosure of information), 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 (Inclusion of statements regarding external review in health benefit plans), 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), 743.911 (Payment or denial of health benefit plan claims), 743.913 (Interest on unpaid claims), 743A.012 (Emergency services), 750.055 (Other provisions applicable to health care service contractors) and 750.333 (Applicable provisions of Insurance Code), "insurer" also includes a health care service contractor as defined in ORS 750.005 (Definitions).

(9) "Managed health insurance" means any health benefit plan that:

(a) Requires an enrollee to use a specified network or networks of providers managed, owned, under contract with or employed by the insurer in order to receive benefits under the plan, except for emergency or other specified limited service; or

(b) In addition to the requirements of paragraph (a) of this subsection, offers a point-of-service provision that allows an enrollee to use providers outside of the specified network or networks at the option of the enrollee and receive a reduced level of benefits.

(10) "Medical services contract" means a contract between an insurer and an independent practice association, between an insurer and a provider, between an independent practice association and a provider or organization of providers, between medical or mental health clinics, and between a medical or mental health clinic and a provider to provide medical or mental health services. "Medical services contract" does not include a contract of employment or a contract creating legal entities and ownership thereof that are authorized under ORS chapter 58, 60 or 70, or other similar professional organizations permitted by statute.

(11)(a) "Preferred provider organization insurance" means any health benefit plan that:

(A) Specifies a preferred network of providers managed, owned or under contract with or employed by an insurer;

(B) Does not require an enrollee to use the preferred network of providers in order to receive benefits under the plan; and

(C) Creates financial incentives for an enrollee to use the preferred network of providers by providing an increased level of benefits.

(b) "Preferred provider organization insurance" does not mean a health benefit plan that has as its sole financial incentive a hold harmless provision under which providers in the preferred network agree to accept as payment in full the maximum allowable amounts that are specified in the medical services contracts.

(12) "Prior authorization" means a determination by an insurer prior to provision of services that the insurer will provide reimbursement for the services. "Prior authorization" does not include referral approval for evaluation and management services between providers.

(13) "Provider" means a person licensed, certified or otherwise authorized or permitted by laws of this state to administer medical or mental health services in the ordinary course of business or practice of a profession.

(14) "Stabilization" means that, within reasonable medical probability, no material deterioration of an emergency medical condition is likely to occur.

(15) "Utilization review" means a set of formal techniques used by an insurer or delegated by the insurer designed to monitor the use of or evaluate the medical necessity, appropriateness, efficacy or efficiency of health care services, procedures or settings. [1995 c.672 §1; 1997 c.343 §18; 2001 c.266 §1; 2001 c.747 §5; 2003 c.87 §21; 2003 c.137 §§3,4; 2005 c.418 §2]

1 Legislative Counsel Committee, CHAPTER 743—Health and Life Insurance, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­743.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 743, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­743ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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.