2017 ORS 743B.403¹
Insurer prohibited practices
  • patient communication and referral

No insurer may terminate or otherwise financially penalize a provider for:

(1) Providing information to or communicating with a patient in a manner that is not slanderous, defamatory or intentionally inaccurate concerning:

(a) Any aspect of the patient’s medical condition;

(b) Any proposed treatment or treatment alternatives, whether covered by the insurer’s health benefit plan or not; or

(c) The provider’s general financial arrangement with the insurer.

(2)(a) Referring a patient to another provider, whether or not that provider is under contract with the insurer. If a provider refers a patient to another provider, the referring provider shall:

(A) Comply with the insurer’s written policies and procedures with respect to any such referrals; and

(B) Inform the patient that the referral services may not be covered by the insurer.

(b) Allocation of costs for referral services shall be a matter of contract between the provider and the insurer. Allocation of costs to the provider by contract shall not be considered a penalty under this section. [Formerly 743.834]

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.