2017 ORS 743B.103¹
Use of health-related information

(1) Except as provided in subsection (2) of this section, a carrier may not:

(a) Require an applicant to provide health-related information as a precondition for the issuance of an individual health benefit plan policy; or

(b) Deny coverage under an individual health benefit plan policy based on health-related information provided by the applicant.

(2) A carrier may require an applicant for an individual grandfathered health plan to complete the standard health statement prescribed by the Department of Consumer and Business Services prior to enrollment for the purpose of:

(a) Determining eligibility for coverage; or

(b) Imposing a preexisting condition provision.

(3) A carrier may require an enrollee in a health benefit plan to complete the standard health statement prescribed by the department for the purpose of:

(a) Managing the enrollee’s health care; or

(b) Administering:

(A) A program of health promotion or disease prevention, as described in 42 U.S.C. 300gg-4;

(B) A program to promote healthy behaviors under ORS 743.824 (Cash dividends for healthy behaviors); or

(C) A wellness program defined by the department by rule. [Formerly 743.751]

1 Legislative Counsel Committee, CHAPTER 743B—Health Benefit Plans: Individual and Group, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors743B.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.