2007 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 (Director's 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).

(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 (Director's 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 contractor's 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), 743.524 (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 employment or membership or dissolution of marriage), 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 (Requirements for insurer offering health benefit plan), 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 women's 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 (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), 743A.012 (Emergency services), 743A.064 (Prescription drugs dispensed at rural health clinics), 743A.080 (Pregnancy and childbirth expenses), 743A.100 (Mammogram), 743A.104 (Pelvic examinations and Pap smear examinations), 743A.110 (Mastectomy-related services) and 743A.184 (Diabetes self-management programs).

(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.044 (Services provided by physician assistant), 743A.048 (Services provided by psychologist), 743A.066 (Contraceptives), 743A.068 (Orally administered anticancer medication), 743A.084 (Unmarried women and their children), 743A.088 (Use by mother of diethylstilbestrol), 743A.090 (Newly born and adopted children), 743A.140 (Bilateral cochlear implants), 743A.148 (Maxillofacial prosthetic services), 743A.168 (Treatment of chemical dependency, including alcoholism, and mental or nervous conditions), 743A.180 (Tourette Syndrome), 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 (Debtor's option in furnishing credit life or credit health insurance) to 746.370 (Records of insureds).

(i) ORS 731.592 (Reporting criminal conduct involving insurance) and 731.594 (Immunity from civil liability).

(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.363 §15; 2003 c.364 §170; 2003 c.748 §4; 2007 c.182 §10; 2007 c.313 §7; 2007 c.504 §5; 2007 c.566 §5; 2007 c.872 §5]

Note 1: The amendments to 750.333 (Applicable provisions of Insurance Code) by section 4, chapter 263, Oregon Laws 2003, become operative July 3, 2009. See section 5, chapter 263, Oregon Laws 2003. The text that is operative from July 3, 2009, until October 4, 2009, including amendments by section 11, chapter 182, Oregon Laws 2007, section 8, chapter 313, Oregon Laws 2007, section 6, chapter 504, Oregon Laws 2007, section 6, chapter 566, Oregon Laws 2007, and section 6, chapter 872, Oregon Laws 2007, is set forth for the user’s convenience.

750.333 (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 (Director's 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).

(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 (Director's 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 contractor's 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), 743.524 (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 employment or membership or dissolution of marriage), 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 (Requirements for insurer offering health benefit plan), 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 women's 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 (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), 743A.012 (Emergency services), 743A.064 (Prescription drugs dispensed at rural health clinics), 743A.080 (Pregnancy and childbirth expenses), 743A.100 (Mammogram), 743A.104 (Pelvic examinations and Pap smear examinations), 743A.110 (Mastectomy-related services) and 743A.184 (Diabetes self-management programs).

(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.044 (Services provided by physician assistant), 743A.048 (Services provided by psychologist), 743A.066 (Contraceptives), 743A.068 (Orally administered anticancer medication), 743A.084 (Unmarried women and their children), 743A.088 (Use by mother of diethylstilbestrol), 743A.090 (Newly born and adopted children), 743A.140 (Bilateral cochlear implants), 743A.148 (Maxillofacial prosthetic services), 743A.168 (Treatment of chemical dependency, including alcoholism, and mental or nervous conditions), 743A.180 (Tourette Syndrome) 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 (Debtor's option in furnishing credit life or credit health insurance) to 746.370 (Records of insureds).

(i) ORS 731.592 (Reporting criminal conduct involving insurance) and 731.594 (Immunity from civil liability).

(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.

Note 2: The amendments to 750.333 (Applicable provisions of Insurance Code) by section 8, chapter 137, Oregon Laws 2003, and section 3, chapter 446, Oregon Laws 2003, become operative October 4, 2009. See section 9, chapter 137, Oregon Laws 2003, and section 4, chapter 446, Oregon Laws 2003. The text that is operative on and after October 4, 2009, including amendments by section 4, chapter 263, Oregon Laws 2003, section 6, chapter 418, Oregon Laws 2005, section 12, chapter 182, Oregon Laws 2007, section 9, chapter 313, Oregon Laws 2007, section 7, chapter 504, Oregon Laws 2007, section 7, chapter 566, Oregon Laws 2007, and section 7, chapter 872, Oregon Laws 2007, is set forth for the user’s convenience.

750.333 (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 (Director's 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).

(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 (Director's 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 contractor's 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), 743.524 (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 employment or membership or dissolution of marriage), 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 (Requirements for insurer offering health benefit plan), 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 women's 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 (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), 743A.012 (Emergency services), 743A.064 (Prescription drugs dispensed at rural health clinics), 743A.080 (Pregnancy and childbirth expenses), 743A.100 (Mammogram), 743A.104 (Pelvic examinations and Pap smear examinations), 743A.110 (Mastectomy-related services) and 743A.184 (Diabetes self-management programs).

(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.066 (Contraceptives), 743A.068 (Orally administered anticancer medication), 743A.084 (Unmarried women and their children), 743A.088 (Use by mother of diethylstilbestrol), 743A.090 (Newly born and adopted children), 743A.140 (Bilateral cochlear implants), 743A.148 (Maxillofacial prosthetic services), 743A.168 (Treatment of chemical dependency, including alcoholism, and mental or nervous conditions), 743A.180 (Tourette Syndrome) 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 (Debtor's option in furnishing credit life or credit health insurance) to 746.370 (Records of insureds).

(i) ORS 731.592 (Reporting criminal conduct involving insurance) and 731.594 (Immunity from civil liability).

(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.

Note 3: See note under 750.301 (Definitions for ORS 750.301 to 750.341).

Chapter 750

Notes of Decisions

These sec­tions, covering health care contractors, made applicable to defendant, nonprofit provider of health care services, regula­tion by state law, as re­quired by McCarran-Ferguson Act, 15 U.S.C. 1011 et seq. Klamath Lake Pharm. Assn. v. Klamath Medical Service Bureau, 507 F Supp 980 (1981)

1 Legislative Counsel Committee, CHAPTER 750—Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­750.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 750, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­750ano.­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.