2017 ORS 442.715¹
Authorized practices under approved cooperative program

(1) To the extent permitted by an order issued under ORS 442.710 (Application for approval of cooperative program), health care providers providing heart and kidney transplant services through a cooperative program approved under ORS 442.700 (Definitions for ORS 442.700 to 442.760) to 442.760 (Status to contest order) may engage in the following practices in order to achieve the goals described in ORS 442.705 (Legislative findings) (2):

(a) Set prices for heart and kidney transplants and all services directly related to heart and kidney transplants;

(b) Refuse to deal with competitors in the heart and kidney transplant market;

(c) Allocate product, service, geographic and patient markets directly relating to heart and kidney transplants;

(d) Acquire and maintain a monopoly in heart and kidney transplant services; and

(e) Engage in other activities that might give rise to liability under ORS 646.705 (Definitions for ORS 136.617 and 646.705 to 646.805) to 646.836 (Confidential status of investigative material) or federal antitrust laws.

(2) To the extent permitted by an order issued under ORS 442.710 (Application for approval of cooperative program) and in addition to the provisions of subsection (1) of this section, physicians participating in a cooperative program may agree among themselves on referrals of nontransplant cardiac surgeries to the extent necessary to achieve redistribution of the cardiac surgery cases among participating surgeons.

(3) The Legislative Assembly intends that all persons arranging or participating in a cooperative program approved and conducted in accordance with an order issued under ORS 442.710 (Application for approval of cooperative program) and all persons participating in good faith negotiations conducted pursuant to ORS 442.750 (Status of actions under cooperative program) shall:

(a) Not be subject to the provisions of ORS 646.705 (Definitions for ORS 136.617 and 646.705 to 646.805) to 646.836 (Confidential status of investigative material) so long as the activities of the cooperative program are regulated, lawful and approved in accordance with ORS 442.700 (Definitions for ORS 442.700 to 442.760) to 442.760 (Status to contest order) and 646.740 (Permitted activities); and

(b) Receive the full benefit of state action immunity under federal antitrust laws. [1993 c.769 §2]

Law Review Cita­tions

31 WLR 89 (1995)

Law Review Cita­tions

31 WLR 89 (1995)

Chapter 442

Atty. Gen. Opinions

Participa­tion of hospital owners or administrators in joint review of hospital expenses, services, (1978) Vol 38, p 2060; State Health Planning and Develop­ment Agency’s responsibility to evaluate and act upon nursing home budget and rate increase notifica­tions where posi­tions and funds are deleted from agency’s budget, (1979) Vol 40, p 56; health systems agency’s failure to review or submit recommenda­tion and findings on applica­tion for certificate of need, (1979) Vol 40, p 135

1 Legislative Counsel Committee, CHAPTER 442—Health Planning, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors442.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 442, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano442.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.