2015 ORS 741.510¹
Confidential information
  • public officer privilege
  • permitted uses of confidential information

(1) Except as provided in subsection (3) of this section, documents, materials or other information that is in the possession or control of the Department of Consumer and Business Services for the purpose of carrying out ORS 741.002 (Duties, powers and functions of Department of Consumer and Business Services), 741.310 (Requirements for purchase of insurance through exchange and for participation of insurers in exchange) and 741.500 (Required documentation) or complying with federal health insurance exchange requirements, and that is protected from disclosure by state or federal law, remains confidential and is not subject to disclosure under ORS 192.410 (Definitions for ORS 192.410 to 192.505) to 192.505 (Exempt and nonexempt public record to be separated) or subject to subpoena or discovery or admissible into evidence in any private civil action in which the department is not a named party. The department may use confidential documents, materials or other information without further disclosure in order to carry out the duties described in ORS 741.002 (Duties, powers and functions of Department of Consumer and Business Services), 741.310 (Requirements for purchase of insurance through exchange and for participation of insurers in exchange) and 741.500 (Required documentation) or to take any legal or regulatory action authorized by law.

(2) Documents, materials and other information to which subsection (1) of this section applies is subject to the public officer privilege described in ORS 40.270 (Rule 509. Public officer privilege).

(3) The Director of the Department of Consumer and Business Services may:

(a) Authorize the sharing of confidential documents, materials or other information that is subject to subsection (1) of this section within the department and subject to any conditions on further disclosure, for the purpose of carrying out the duties and functions of the department under ORS 741.002 (Duties, powers and functions of Department of Consumer and Business Services), 741.310 (Requirements for purchase of insurance through exchange and for participation of insurers in exchange) and 741.500 (Required documentation) or complying with federal health insurance exchange requirements.

(b) Authorize the sharing of confidential documents, materials or other information that is subject to subsection (1) of this section or that is otherwise confidential under ORS 192.501 (Public records conditionally exempt from disclosure) or 192.502 (Other public records exempt from disclosure) with other state or federal health insurance exchanges or regulatory authorities, the Oregon Health Authority, the Department of Revenue, law enforcement agencies and federal authorities, if required or authorized by state or federal law and if the recipient agrees to maintain the confidentiality of the documents, materials or other information.

(c) Receive documents, materials or other information, including documents, materials or other information that is otherwise confidential, from other state or federal health insurance exchanges or regulatory authorities, the Oregon Health Authority, the Department of Revenue, law enforcement agencies or federal authorities. The Department of Consumer and Business Services shall maintain the confidentiality requested by the sender of the documents, materials or other information received under this section as necessary to comply with the laws of the jurisdiction from which the documents, materials or other information was received and originated.

(4) The disclosure of documents, materials or other information to the Department of Consumer and Business Services under this section, or the sharing of documents, materials or other information as authorized in subsection (3) of this section, does not waive any applicable privileges or claims of confidentiality in the documents, materials or other information.

(5) This section does not prohibit the department from releasing to a database or other clearinghouse service maintained by federal authorities a final, adjudicated order, including a certification, recertification, suspension or decertification of a qualified health plan under ORS 741.002 (Duties, powers and functions of Department of Consumer and Business Services), if the order is otherwise subject to public disclosure. [2011 c.415 §15; 2015 c.3 §31]


1 Legislative Counsel Committee, CHAPTER 741—Health Insurance Exchange, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors741.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.