2017 ORS 743B.128¹
Exceptions to requirement to actively market all plans

Notwithstanding ORS 743B.012 (Requirement to offer all health benefit plans to small employers), 743B.013 (Requirements for small employer health benefit plans) and 743B.105 (Requirements for group health benefit plans other than small employer plans), a carrier is not required to actively market:

(1) A health benefit plan sold only to a bona fide association, to groups that are not members of the bona fide association;

(2) A grandfathered health plan, to a group or individual who is not eligible for coverage under the plan;

(3) A group health benefit plan, to a group that is not eligible for coverage under the plan;

(4) A qualified health plan sold only through the health insurance exchange, to an individual or group outside of the exchange; or

(5) A policy of group health insurance that may be delivered or issued for delivery in this state without the approval of the Director of the Department of Consumer and Business Services under ORS 742.003 (Filing and approval of policy forms) (1). [2015 c.515 §3]

Note: 743B.128 (Exceptions to requirement to actively market all plans) was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 743B or any series therein. See Preface to Oregon Revised Statutes for further explanation.

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.