ORS 415.341
Immunity from civil liability for receivers


(1)

The following persons are entitled to protection under this section:

(a)

All receivers responsible for the conduct of a delinquency proceeding under ORS 415.203 (Opportunity to cure impairment of required capitalization) to 415.430 (Liability of member of CCO to pay provider for cost of care), including present and former receivers.

(b)

All employees of the receiver described in paragraph (a) of this subsection. For purposes of this section, such employees include all present and former special deputies and assistant special deputies appointed by the Oregon Health Authority and all persons whom the authority, special deputies or assistant special deputies have employed to assist in a delinquency proceeding. Unless designated as special deputies, attorneys, accountants, auditors and other professional persons or firms who are retained by the receiver as independent contractors and their employees are not entitled to protection under this section.

(2)

The receiver and employees of the receiver shall have official immunity and shall be immune from civil action and liability, both personally and in their official capacities, for any tort claim or demand, whether groundless or otherwise, arising out of any alleged act, error or omission of the receiver or any employee occurring in the performance of duties. For purposes of this section, “tort” has the meaning given that term in ORS 30.260 (Definitions for ORS 30.260 to 30.300).

(3)

The receiver and employees of the receiver shall be indemnified from the assets of the coordinated care organization against any tort claim arising out of any alleged act, error or omission of the receiver or any employee occurring in the performance of duties, whether personally or in the official capacity of the receiver or employee. Any indemnification made under this subsection is an administrative expense of the coordinated care organization.

(4)

The provisions of subsections (2) and (3) of this section do not apply in case of malfeasance in office or willful or wanton neglect of duty.

(5)

In any legal action in which the receiver is a defendant, the portion of any settlement relating to the alleged act, error or omission of the receiver is subject to the approval of the court before which the delinquency proceeding is pending. The court may not approve the portion of the settlement if it determines:

(a)

That the claim did not occur in the performance of the receiver’s duties; or

(b)

That the claim was caused by malfeasance in office or willful or wanton neglect of duty by the receiver.

(6)

This section may not be construed or applied to deprive the receiver or any employee of any immunity, indemnity, benefits of law, rights or any defense otherwise available. [2019 c.478 §36]

Source: Section 415.341 — Immunity from civil liability for receivers, https://www.­oregonlegislature.­gov/bills_laws/ors/ors415.­html.

415.001
Reinsurance program for coordinated care organizations (CCOs)
415.011
Oregon Health Authority regulation of financial solvency of CCOs to align with regulation of domestic insurers
415.012
Definitions for ORS 415.012 to 415.430
415.013
Powers and authority to enforce ORS 415.012 to 415.430 and 415.501
415.015
Prohibited conflicts of interest of officer or employee of Oregon Health Authority with responsibility for enforcement
415.019
Right to contested case hearing
415.055
Confidentiality of complaints
415.056
Confidentiality of reports regarding certain financial information
415.057
Authorized use of confidential reports regarding financial information
415.061
Definitions for 415.061 to 415.067
415.062
Compliance self-evaluative audit document privileged
415.063
Permissible use of compliance self-evaluative audit document by Oregon Health Authority
415.064
Waiver of privilege
415.065
Petition for in camera hearing on privilege of compliance self-evaluative audit document
415.066
Exceptions to privilege of compliance self-evaluative audit document
415.067
Other applicable privileges not waived by release of compliance self-evaluative audit document
415.101
Requests for information
415.103
False or misleading filings prohibited
415.105
Investigations authorized
415.107
Examinations and audits
415.109
Conduct of examination
415.111
Report of examination
415.115
Annual audits
415.119
Immunity from suit arising out of investigation, examination or provision or dissemination of information
415.203
Opportunity to cure impairment of required capitalization
415.204
Grounds for order of supervision
415.205
Period of supervision
415.251
Jurisdiction of delinquency proceedings
415.252
Exclusive remedy
415.253
Oregon Receivership Code inapplicable
415.261
Petition for delinquency proceeding
415.263
Cooperation with Oregon Health Authority in delinquency investigation or proceeding
415.265
Injunction prohibiting waste or disposition of property upon petition for delinquency proceeding
415.280
Petition for order for rehabilitation or liquidation of CCO
415.281
Court order for rehabilitation or liquidation proceeding against CCO
415.284
Appointment of special deputy directors to assist in supervision of CCO or delinquency proceedings
415.300
Rehabilitation proceeding
415.330
Grounds for order to liquidate
415.333
Powers of Oregon Health Authority in liquidation proceeding
415.335
Order to liquidate
415.340
Oregon Health Authority to be appointed receiver in delinquency proceeding
415.341
Immunity from civil liability for receivers
415.350
Right to assets of CCO fixed as of date of order to liquidate
415.400
Filing proof of claim against CCO declared by court to be insolvent
415.401
Requirements for proof of claim
415.402
Preference of claims
415.403
Priority of preferred claims
415.404
Contingent claims
415.405
Priority of special deposit claims
415.406
Priority of secured claims
415.420
Attachment or garnishment prohibited during delinquency proceeding
415.422
Voidable transfers or liens
415.424
Offsets of mutual debts or credits
415.430
Liability of member of CCO to pay provider for cost of care
415.500
Definitions
415.501
Procedures for review of material change transactions
415.505
Conflicts of interest prohibited
415.510
Quadrennial study of impact of health care consolidation
415.512
Fees
415.900
Civil penalties
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