ORS 743B.126¹
Carrier marketing of individual health benefit plans
  • rules
  • duties of carrier regarding applications
  • effect of discontinuing offer of plans

(1) Each carrier shall actively market all individual health benefit plans sold by the carrier that are not grandfathered health plans.

(2) Except as provided in subsection (3) of this section, no carrier or insurance producer shall, directly or indirectly, discourage an individual from filing an application for coverage because of the health status, claims experience, occupation or geographic location of the individual.

(3) Subsection (2) of this section does not apply with respect to information provided by a carrier to an individual regarding the established geographic service area or a restricted network provision of a carrier.

(4) Rejection by a carrier of an application for coverage shall be in writing and shall state the reason or reasons for the rejection.

(5) The Director of the Department of Consumer and Business Services may establish by rule additional standards to provide for the fair marketing and broad availability of individual health benefit plans.

(6) A carrier that elects to discontinue offering all of its individual health benefit plans under ORS 743B.125 (Individual health benefit plans) (5)(c) or to discontinue both offering and renewing all such plans is prohibited from offering and renewing health benefit plans in the individual market in this state for a period of five years from the date of notice to the director pursuant to ORS 743B.125 (Individual health benefit plans) (5)(c) or, if such notice is not provided, from the date on which the director provides notice to the carrier that the director has determined that the carrier has effectively discontinued offering individual health benefit plans in this state. This subsection does not apply with respect to a health benefit plan discontinued in a specified service area by a carrier that covers services provided only by a particular organization of health care providers or only by health care providers who are under contract with the carrier.

(7) The Department of Consumer and Business Services may, in accordance with ORS 743B.129 (Shortening period of exclusion following discontinued offering), shorten the period of prohibition described in subsection (6) of this section if necessary to ensure, in all geographic areas of this state, that:

(a) A competitive health insurance market exists;

(b) Consumers have a reasonable number of health insurance options available to them; and

(c) Consumers who purchase insurance are protected. [Formerly 743.769; 2017 c.206 §6; 2019 c.285 §8]

1 Legislative Counsel Committee, CHAPTER 743B—Health Benefit Plans: Individual and Group, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors743B.­html (2019) (last ac­cessed May 16, 2020).
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. Currency Information