ORS § 743b.405 — OR Code / Title 56 / Chapter 743b / Section 743b.405
743B.405 Medical services contract provisions
Status: in_force

(1) A medical services contract may not require the provider, as an element of the contract or as a condition of compensation for services, to agree:

(a) In the event of alleged improper medical treatment of a patient, to indemnify the other party to the medical services contract for any damages, awards or liabilities including but not limited to judgments, settlements, attorney fees, court costs and any associated charges incurred for any reason other than the negligence or intentional act of the provider or the provider’s employees;

(b) To charge the other party to the medical services contract a rate for services rendered pursuant to the medical services contract that is no greater than the lowest rate that the provider charges for the same service to any other person;

(c) To deny care to a patient because of a determination made pursuant to the medical services contract that the care is not covered or is experimental, or to deny referral of a patient to another provider for the provision of such care, if the patient is informed that the patient will be responsible for the payment of such noncovered, experimental or referral care and the patient nonetheless desires to obtain such care or referral; or

(d) Upon the provider’s withdrawal from or termination or nonrenewal of the medical services contract, not to treat or solicit a patient even at that patient’s request and expense.

(2) A medical services contract shall:

(a) Grant to the provider adequate notice and hearing procedures, or such other procedures as are fair to the provider under the circumstances, prior to termination or nonrenewal of the medical services contract when such termination or nonrenewal is based upon issues relating to the quality of patient care rendered by the provider.

(b) Set forth generally the criteria used by the other party to the medical services contract for the termination or nonrenewal of the medical services contract.

(c) Entitle the provider to an annual accounting accurately summarizing the financial transactions between the parties to the medical services contract for that year.

(d) Allow the provider to withdraw from the care of a patient when, in the professional judgment of the provider, it is in the best interest of the patient to do so.

(e) Provide that a physician licensed under ORS 677.100 (Qualifications of applicant for license) to 677.228 (Automatic lapse of license for failure to pay registration fee or report change of location) shall be retained by the other party to the medical services contract and shall be responsible for all final medical and mental health decisions relating to coverage or payment made pursuant to the medical services contract.

(f) Provide that a physician, as defined in ORS 677.010 (Definitions for chapter) , who is practicing in conformity with ORS 677.095 (Duty of care) may advocate a decision, policy or practice without being subject to termination or penalty for the sole reason of such advocacy.

(g) Intentionally left blank —Ed.

(A) Entitle the party to the medical services contract who is being reimbursed for the provision of health care services on a basis that includes financial risk withholds, or the party’s representative, to a full accounting of health benefits claims data and related financial information on no less than a quarterly basis by the party to a medical services contract who has made reimbursement, as follows:

(i) The data shall include all pertinent information relating to the health care services provided, including related provider and patient information, reimbursements made and amounts withheld under the financial risk withhold provisions of the medical services contract for the period of time under reconciliation and settlement between the parties.

(ii) Any reconciliation and settlement undertaken pursuant to a medical services contract shall be based directly and exclusively upon data provided to the party who is being reimbursed for the provision of health care services.

(iii) All data, including supplemental information or documentation, necessary to finalize the reconciliation and settlement provisions of a medical services contract relating to financial risk withholds shall be provided to the party who is being reimbursed for the provision of health care services no later than 30 days prior to finalizing the reconciliation and settlement.

(B) Nothing in this paragraph shall be construed to prevent parties to a medical services contract from mutually agreeing to alternative reconciliation and settlement policies and procedures.

(h) Provide that when continuity of care is required to be provided under a health benefit plan by ORS 743B.225 (Continuity of care) , the insurer and the individual provider shall provide continuity of care to enrollees as provided in ORS 743B.225 (Continuity of care) .

(3) The other party to a medical services contract shall not:

(a) Refer to other documents or instruments in a contract unless the nonprovider party agrees to make available to the provider for review a copy of the documents or instruments within 72 hours of request; or

(b) Provide as an element of a contract with a third party relating to the provision of medical services to a patient of the provider that the provider’s patient may not sue or otherwise recover from the nonprovider party, or must hold the nonprovider party harmless for, any and all expenses, damages, awards or liabilities that arise from the management decisions, utilization review provisions or other policies or determinations of the nonprovider party that have an impact on the provider’s treatment decisions and actions with regard to the patient.

(4) An insurer, independent practice association, medical or mental health clinic or other party to a medical services contract shall provide the criteria for selection of parties to future medical services contracts upon the request of current or prospective parties. [Formerly 743.803; 2017 c.409 §36]

Note: 743B.405 (Medical services contract provisions) , 743B.422 (Utilization review requirements for medical services contracts to which insurer not party) and 743B.424 (Applicability) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 743B. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 743B.405 — Medical services contract provisions; nonprovider party prohibitions; future contracts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 737.342 — OR Code / Title 56 / Chapter 737 / Section 737.342
737.342 Hearing and order procedure
Status: in_force

Conduct of the hearing, issuance of orders pursuant thereto and judicial review of orders shall be as provided in ORS chapter 183. [1971 c.734 §181]

Source: Section 737.342 — Hearing and order procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors737.­html (accessed May 26, 2025).
ORS § 743.535 — OR Code / Title 56 / Chapter 743 / Section 743.535
743.535 Health benefit coverage for guaranteed association
Status: in_force

(1) As used in this section, “guaranteed association” means an association that:

(a) The Director of the Department of Consumer and Business Services has determined under ORS 743.524 (Eligibility of association to be group health policyholder) meets the requirements described in ORS 731.098 (“Group health insurance.”) (2); and

(b) Is a statewide nonprofit organization representing the interests of individuals licensed under ORS chapter 696.

(2) A carrier may offer a health benefit plan to a guaranteed association if the plan provides health benefits covering 500 or more members or dependents of members of the association.

(3) When a carrier offers coverage to a guaranteed association under subsection (2) of this section, the carrier shall offer coverage to all members of the association and all dependents of the members of the association without regard to the actual or expected health status of any member or any dependent of a member of the association.

(4) A carrier offering a health benefit plan under subsection (2) of this section shall establish premium rates as follows:

(a) For the initial 12-month period of coverage, the carrier shall submit to the director a certified statement that the premium rates charged to the guaranteed association are actuarially sound. The statement must be signed by an actuary certifying the accuracy of the rating methodology as established by the American Academy of Actuaries.

(b) For any subsequent 12-month period of coverage, according to a rating methodology as established by the American Academy of Actuaries.

(5) A member of a guaranteed association may apply for coverage offered by a carrier under subsection (2) of this section only:

(a) If the member has been an active member of the association for no less than 30 days;

(b) During an annual open enrollment period offered by the association; and

(c) After meeting any additional eligibility requirements agreed upon by the association and the carrier.

(6) Notwithstanding subsection (5) of this section, if a member or a dependent of a member of a guaranteed association terminates coverage under the health benefit plan, the member or dependent shall be excluded from coverage for 12 months from the date of termination of coverage. The member may enroll for coverage of the member or the dependent during an annual open enrollment period following the expiration of the exclusion period. [Formerly 743.757]

Note: Definitions for 743.535 (Health benefit coverage for guaranteed association) may be found in 743B.005 (Definitions) .

Source: Section 743.535 — Health benefit coverage for guaranteed association , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 731.754 — OR Code / Title 56 / Chapter 731 / Section 731.754
731.754 Permissible uses of reports and plans described in ORS 731.752
Status: in_force

(1) The Director of the Department of Consumer and Business Services may use the following only for the purpose of monitoring the solvency of insurers and health care service contractors and the need for possible corrective action with respect to insurers and health care service contractors:

(a) Reports and financial plans of action that are made confidential under ORS 731.752 (Confidentiality of report used for determination of required amount of capital or surplus) ; and

(b) Instructions adopted and amended by the National Association of Insurance Commissioners for use by insurers and health care service contractors in preparing reports and financial plans of action referred to in paragraph (a) of this subsection.

(2) The director may not use reports, financial plans of action and instructions referred to in subsection (1) of this section for ratemaking, for reviewing rate filings or in a rate proceeding related thereto, or to calculate or derive any elements of an appropriate premium level or rate of return for any line of insurance that an insurer, a health care service contractor or an affiliate is authorized to transact. Such reports and financial plans of action also shall not be introduced as evidence in a rate proceeding.

(3) This section does not restrict the authority of the director to use information included in reports, financial plans or instructions referred to in subsection (1) of this section that is available from other sources. [1995 c.638 §5; 2001 c.318 §20]

Source: Section 731.754 — Permissible uses of reports and plans described in ORS 731.752 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 746.495 — OR Code / Title 56 / Chapter 746 / Section 746.495
746.495 Delinquency charges regulated
Status: in_force

(1) A premium finance agreement may provide for the payment by the insured of a delinquency charge for any payment that is in default for a period of 10 days or more. Such charge may be made for each month or fraction thereof that the payment is in default. The amount of such charge may be a minimum of $1 and as a maximum shall be subject to the following limits:

(a) For delinquent payments of less than $250, five percent of the payment or $5, whichever is less; or

(b) For delinquent payments of $250 or more, two percent of the payment.

(2) If a payment default results in the cancellation of any insurance policy listed in the agreement, the agreement may provide for the payment by the insured of a cancellation charge of $5, less any delinquency charges imposed in respect to the payment in default. [1969 c.639 §11]

Source: Section 746.495 — Delinquency charges regulated , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 735.330 — OR Code / Title 56 / Chapter 735 / Section 735.330
735.330 Purchasing groups
Status: in_force

(1) A purchasing group that intends to do business in this state shall furnish notice to the director, which shall:

(a) Identify the state in which the group is domiciled;

(b) Specify the lines and classifications of liability insurance that the purchasing group intends to purchase;

(c) Identify the insurer from which the group intends to purchase its insurance and the domicile of the insurer;

(d) Identify the principal place of business of the group; and

(e) Provide such other information as may be required by the director to verify that the purchasing group is qualified under ORS 735.305 (Definitions for ORS 735.300 to 735.365) (10).

(2) The purchasing group shall register with the director and designate the director as its agent solely for the purpose of receiving service of legal documents or process, except that such requirements shall not apply in the case of a purchasing group that meets the following qualifications:

(a) That:

(A) Was domiciled before April 1, 1986, in any state; and

(B) Is domiciled on and after October 27, 1986, in any state;

(b) That:

(A) Before October 27, 1986, purchased insurance from an insurance carrier licensed in any state; and

(B) On and after October 27, 1986, purchased insurance from an insurance carrier licensed in any state;

(c) That was a purchasing group under the requirements of the federal Product Liability Risk Retention Act of 1981, as amended by the Risk Retention Amendments of 1986, before October 27, 1986; and

(d) That does not purchase insurance that was not authorized for purposes of an exemption under the federal Product Liability Risk Retention Act of 1981, as in effect before October 27, 1986. [1987 c.774 §104]

Source: Section 735.330 — Purchasing groups; notice of intent to do business; registration; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 743b.100 — OR Code / Title 56 / Chapter 743b / Section 743b.100
743B.100 Department’s authority to regulate market
Status: in_force

(1) In order to ensure the broadest availability of small employer and individual health benefit plans, the Department of Consumer and Business Services may approve market conduct and other requirements for carriers and insurance producers, including:

(a) Registration by each carrier with the department of the carrier’s intention to offer group health benefit plans under ORS 743B.010 (Issuance of group health benefit plan to affiliated group of employers) to 743B.013 (Requirements for small employer health benefit plans) or individual health benefit plans, or both.

(b) To the extent deemed necessary by the department to ensure the fair distribution of high-risk individuals and groups among carriers, periodic reports by carriers and insurance producers concerning small employer and individual health benefit plans issued, provided that reporting requirements shall be limited to information concerning case characteristics and numbers of health benefit plans in various categories sold or issued to small employers and individuals.

(c) Methods concerning periodic demonstration by carriers offering health benefit plans to individuals or small employers and insurance producers that the carriers and insurance producers are selling or issuing health benefit plans in fulfillment of the purposes of ORS 743.004 (Submission of information by carriers offering health benefit plans) , 743.022 (Premium rates for individual health benefit plans) , 743.535 (Health benefit coverage for guaranteed association) and 743B.003 (Purposes) to 743B.127 (Rules for ORS 743.022, 743B.125 and 743B.126) .

(2) The department may require carriers and insurance producers offering health benefit plans to individuals or small employers to use the open and special enrollment periods prescribed by the department by rule. [Formerly 743.745]

Source: Section 743B.100 — Department’s authority to regulate market , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 733.308 — OR Code / Title 56 / Chapter 733 / Section 733.308
733.308 Computation of minimum standard for annuities and pure endowment contracts
Status: in_force

Except as provided in ORS 733.310 (Interest rates for determining minimum standard for valuation) , the minimum standard for the valuation of all individual annuity and pure endowment contracts issued on or after January 1, 1979, and for all annuities and pure endowments purchased on or after January 1, 1979, under group annuity and pure endowment contracts, shall be the commissioner’s reserve valuation methods defined in ORS 733.312 (Amount of required reserves for life insurance policies) and 733.314 (Amount of required reserves for certain annuity and pure endowment contracts) and the following tables and interest rates:

(1) For individual annuity and pure endowment contracts issued prior to January 1, 1979, excluding any disability and accidental death benefit in such contracts, the 1971 Individual Annuity Mortality Table, or any modification of that table approved by the Director of the Department of Consumer and Business Services, and six percent interest for single premium immediate annuity contracts, and four percent interest for all other individual annuity and pure endowment contracts.

(2) For individual single premium immediate annuity contracts issued on or after January 1, 1979, excluding any disability and accidental death benefits in such contracts, the 1971 Individual Annuity Mortality Table or any individual annuity mortality table, adopted after 1980 by the National Association of Insurance Commissioners that is approved by rule adopted by the director for use in determining the minimum standard of valuation for such contracts, or any modification of these tables approved by the director, and seven and one-half percent interest.

(3) For individual annuity and pure endowment contracts issued on or after January 1, 1979, other than single premium immediate annuity contracts, excluding any disability and accidental death benefits in such contracts, the 1971 Individual Annuity Mortality Table or any individual annuity mortality table adopted after 1980 by the National Association of Insurance Commissioners that is approved by rule adopted by the director for use in determining the minimum standard of valuation for such contracts, or any modification of these tables approved by the director, and five and one-half percent interest for single premium deferred annuity and pure endowment contracts and four and one-half percent interest for all other such individual annuity and pure endowment contracts.

(4) For all annuities and pure endowments purchased prior to January 1, 1979, under group annuity and pure endowment contracts, excluding any disability and accidental death benefits purchased under such contracts, the 1971 Group Annuity Mortality Table or any modification of this table approved by the director, and six percent interest.

(5) For all annuities and pure endowments purchased on or after January 1, 1979, under group annuity and pure endowment contracts, excluding any disability and accidental death benefits purchased under such contracts, the 1971 Group Annuity Mortality Table, or any group annuity mortality table adopted after 1980 by the National Association of Insurance Commissioners, that is approved by the director by rule for use in determining the minimum standard of valuation for such annuities and pure endowments, or any modification of these tables approved by the director, and seven and one-half percent interest. [1991 c.401 §21]

Source: Section 733.308 — Computation of minimum standard for annuities and pure endowment contracts; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors733.­html (accessed May 26, 2025).
ORS § 743.153 — OR Code / Title 56 / Chapter 743 / Section 743.153
743.153 Statement of benefits
Status: in_force

A life insurance policy shall contain a provision stating the amount of benefits payable or the method to be used or procedure to be followed in determining such amount, the manner of payment and the consideration therefor. [Formerly 739.310]

Source: Section 743.153 — Statement of benefits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 744.058 — OR Code / Title 56 / Chapter 744 / Section 744.058
744.058 Written examination
Status: in_force

(1) An individual applying for a resident insurance producer license must pass a written examination unless the individual is exempt from the prelicensing education and examination requirement as provided in ORS 744.067 (Exemptions from prelicensing education or examination requirement) . The examination must test the knowledge of the individual concerning the class or classes of insurance for which application is made, the duties and responsibilities of an insurance producer and the insurance statutes and rules of this state. Except as provided in subsection (2) of this section, the examination required by this section shall be developed and conducted by the Director of the Department of Consumer and Business Services. An individual may apply for a resident insurance producer license only if the individual has established in this state a residence or a place of business for acting as an insurance producer.

(2) The director may make arrangements, including contracting with a private testing service, for developing and administering the examination and collecting applicable fees.

(3) Each individual applying to take an examination shall pay fees as established by the director.

(4) An individual who fails to appear for the examination as scheduled or fails to pass the examination may reapply to take the examination according to requirements and procedures established by the director by rule. [2001 c.191 §5; 2003 c.364 §5]

Source: Section 744.058 — Written examination; fees; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 732.600 — OR Code / Title 56 / Chapter 732 / Section 732.600
732.600 Definitions for ORS 732.600 to 732.630
Status: in_force

As used in ORS 732.600 (Definitions for ORS 732.600 to 732.630) to 732.630 (Dissenters’ rights) :

(1) “Conversion” means a process by which a domestic mutual insurer is converted to a domestic stock insurer in accordance with ORS 732.600 (Definitions for ORS 732.600 to 732.630) to 732.630 (Dissenters’ rights) .

(2) “Converted stock insurer” means a domestic stock insurer into which a domestic mutual insurer is converted in accordance with ORS 732.600 (Definitions for ORS 732.600 to 732.630) to 732.630 (Dissenters’ rights) .

(3) “Converting mutual insurer” means a domestic mutual insurer that is converted to a domestic stock insurer in accordance with ORS 732.600 (Definitions for ORS 732.600 to 732.630) to 732.630 (Dissenters’ rights) .

(4) “Effective date” means, with respect to a plan, the date or dates on which the plan or a part of the plan becomes effective as set forth in an order of the Director of the Department of Consumer and Business Services.

(5) “Intermediate stock holding company” means a corporation that owns, either directly or through a wholly owned subsidiary, all of the outstanding shares of capital stock of a converted stock insurer and:

(a) A majority of the outstanding shares of voting capital stock of which a mutual holding company owns; and

(b) A majority in total value of the outstanding shares of capital stock of which a mutual holding company owns.

(6) “Issuer” means a corporation the director approves and any of the following:

(a) With respect to a conversion in which there is no reorganization, a converted stock insurer.

(b) With respect to a reorganization that involves the organization of a stock holding company, the stock holding company.

(c) With respect to a restructuring, a restructured stock holding company.

(7) “Member” means:

(a) With respect to a domestic mutual insurer, any owner, as defined in ORS 732.465 (Members of domestic mutual insurers) (3), of one or more policies of insurance, other than a policy of reinsurance, issued by the mutual insurer.

(b) With respect to a mutual holding company, any owner, as defined in ORS 732.465 (Members of domestic mutual insurers) (3), of one or more policies of insurance, other than a policy of reinsurance, issued by the stock insurer resulting from a reorganization involving the organization of a mutual holding company and, if set forth in an order of the director, any owner of one or more policies of insurance, other than a policy of reinsurance, issued by any other insurer that is a direct or indirect subsidiary of the mutual holding company.

(8) “Membership interest” means:

(a) With respect to a domestic mutual insurer, any right that a member of the mutual insurer may hold by virtue of membership in the mutual insurer.

(b) With respect to a mutual holding company, any right that a member of the mutual holding company may hold by virtue of membership in the mutual holding company.

(9) “Mutual holding company” means a corporation organized under the laws of this state in accordance with ORS 732.620 (Status of mutual holding company as corporation) .

(10) “Plan” means a plan of conversion, reorganization or restructuring.

(11) “Reorganization” means a process by which a domestic mutual insurer is converted to a domestic stock insurer and either a stock holding company or a mutual holding company is organized in accordance with ORS 732.600 (Definitions for ORS 732.600 to 732.630) to 732.630 (Dissenters’ rights) .

(12) “Restructured stock holding company” means a stock holding company that results from restructuring a mutual holding company.

(13) “Restructuring” means a process by which a mutual holding company is restructured into a stock holding company in accordance with ORS 732.622 (Restructuring of mutual holding company) and 732.624 (Approval by Director of Department of Consumer and Business Services of mutual holding company restructuring plan) .

(14) “Restructuring mutual holding company” means a mutual holding company that is restructured to a stock holding company.

(15) “Stock holding company” means a corporation that:

(a) Owns, either directly or through one or more subsidiaries, all or part of the outstanding shares of capital stock of a converted stock insurer;

(b) Is organized either as a result of a reorganization or as a result of a restructuring; and

(c) Immediately after the effective date of the reorganization or restructuring, is not controlled by any other person, unless the person’s control is set forth in the plan and approved by the director. As used in this paragraph, “control” has the meaning given that term in ORS 732.548 (Definitions for ORS 732.517 to 732.596) .

(16) Intentionally left blank —Ed.

(a) “Voting capital stock” means capital stock the holder of which has the right to vote in the election of directors.

(b) “Voting capital stock” does not include capital stock as to which the right to vote in the election of directors is conditional upon the occurrence or nonoccurrence of a specified event. [1997 c.771 §2; 2013 c.370 §32]

Source: Section 732.600 — Definitions for ORS 732.600 to 732.630 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 743.664 — OR Code / Title 56 / Chapter 743 / Section 743.664
743.664 Offer of nonforfeiture benefit
Status: in_force

(1) Except as provided in subsection (2) of this section, a long term care insurance policy may not be delivered or issued for delivery in this state unless the policyholder or certificate holder has been offered the option of purchasing a policy or certificate including a nonforfeiture benefit. The offer of a nonforfeiture benefit may be in the form of a rider that is attached to the policy. If the policyholder or certificate holder declines the nonforfeiture benefit, the insurer must provide a contingent benefit upon lapse that is available for a specified period of time following a substantial increase in premium rates.

(2) When a group long term care insurance policy is issued, the offer required in subsection (1) of this section must be made to the group policyholder. However, if the policy is issued as group long term care insurance as described in ORS 743.652 (Definitions for ORS 743.650 to 743.665) (4)(d), other than to a continuing care retirement community or similar entity, the offering shall be made to each proposed certificate holder.

(3) The Director of the Department of Consumer and Business Services by rule shall specify:

(a) The type or types of nonforfeiture benefits to be offered as part of long term care insurance policies and certificates;

(b) The standards for nonforfeiture benefits; and

(c) The standards governing contingent benefits upon lapse, including a determination of the specified period of time during which a contingent benefit upon lapse will be available and the substantial premium increase that triggers a contingent benefit upon lapse as described in subsection (1) of this section.

(4) This section is exempt from ORS 743A.001 (Automatic repeal of certain statutes on individual and group health insurance) . [2007 c.486 §7; 2011 c.69 §6]

Source: Section 743.664 — Offer of nonforfeiture benefit; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 744.384 — OR Code / Title 56 / Chapter 744 / Section 744.384
744.384 Rules
Status: in_force

The Director of the Department of Consumer and Business Services may adopt rules for the purpose of carrying out ORS 744.318 (Definitions for ORS 744.318 to 744.384) to 744.384 (Rules) , 744.991 (Criminal penalties) and 744.992 (Civil penalties) . In addition:

(1) The director may establish standards for evaluating reasonableness of payments under life settlement contracts for persons who are terminally ill or chronically ill. The authority includes but is not limited to regulation of discount rates used to determine the amount paid in exchange for assignment, transfer, sale, devise or bequest of a benefit under a life insurance policy insuring the life of a person who is terminally ill or chronically ill. For the purpose of the standards, the director shall consider payments made in regional and national life settlement markets, to the extent such information is available, as well as model standards developed by the National Association of Insurance Commissioners.

(2) The director may establish trade practice standards by rule for the purpose of regulating advertising and solicitation of life settlement contracts.

(3) The director may adopt rules governing the relationship and responsibilities of both insurers and life settlement providers, life settlement brokers and life settlement investment agents during the settlement of a life insurance policy or certificate.

(4) The director may adopt rules governing disclosure by a life settlement provider or broker to an insured of the tax implications and effect on life insurance capacity of a life settlement.

(5) The director may adopt rules governing the confidentiality of an insured’s personal financial or medical information provided to a life settlement broker, life settlement provider or life settlement investment agent. [Formerly 744.358]

Source: Section 744.384 — Rules; standards , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 743.038 — OR Code / Title 56 / Chapter 743 / Section 743.038
743.038 Consent of individual required for life and health insurance
Status: in_force

A life or health insurance policy upon an individual, except a policy of group life insurance or of group or blanket health insurance, may not be made or effectuated unless at the time of the making of the policy the individual insured, being of competent legal capacity to contract, applies therefor or has consented thereto in writing, except in the following cases:

(1) A spouse may effectuate such insurance upon the other spouse.

(2) Any person having an insurable interest in the life of a minor, or any person upon whom a minor is dependent for support and maintenance, may effectuate insurance upon the life of or pertaining to such minor.

(3) Family policies may be issued insuring any two or more members of a family on an application signed by either parent, a stepparent or a spouse in a marriage.

(4) A person may effectuate insurance that provides for the funeral expenses of an adult who is dependent upon the person for support and maintenance.

(5) A person may effectuate insurance that provides for the funeral expenses of an adult if the person:

(a) Is closely related to the adult by blood or by law or has a substantial interest in the adult engendered by love and affection; and

(b) Has a lawful and substantial interest in having the life, health and bodily safety of the adult continue. [Formerly 743.027]

Source: Section 743.038 — Consent of individual required for life and health insurance; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 733.160 — OR Code / Title 56 / Chapter 733 / Section 733.160
733.160 Valuation of assets other than securities
Status: in_force

(1) Each bond or other evidence of debt having a fixed term and rate of interest may be valued as follows, if amply secured and not in default as to principal or interest:

(a) If purchased at par, at the par value.

(b) If purchased above or below par, according to an accepted method of valuation approved by the Director of the Department of Consumer and Business Services.

(2) For the purpose of subsection (1) of this section, the purchase price shall not be a higher amount than the actual market value at the time of purchase, plus actual brokerage, transfer, postage or express charges paid in the acquisition of such bond or other evidence of debt.

(3) For purposes of subsections (1) and (2) of this section, the director may determine the method of calculating values. The method or valuation may not be inconsistent with any applicable method or valuation used by insurers in general or any such method or valuation then currently formulated or approved by the National Association of Insurance Commissioners or its successor organization.

(4) Real property shall be valued as follows:

(a) Real property acquired pursuant to a mortgage loan or contract of sale shall be valued at an amount not greater than the unpaid principal of the defaulted loan or contract at the date of such acquisition, together with any taxes and expenses paid or incurred in connection with such acquisition, and the cost of improvements thereafter made by the insurer and any amounts thereafter paid by the insurer on assessments levied for improvements in connection with the property.

(b) Other real property held by an insurer shall be valued at an amount not in excess of the cost of the acquired property and the cost of improvements thereafter made by the insurer, less a reasonable allowance for depreciation.

(5) Purchase money mortgages on real property referred to in subsection (4)(a) of this section shall be valued in an amount not exceeding the acquisition cost of the real property covered thereby or 90 percent of the fair value of such real property, whichever is less.

(6) Other assets, other than securities, shall be valued at cost of acquisition less any repaid portion thereof, unless the director determines that another value is proper. [1967 c.359 §223; 1971 c.231 §19; 1993 c.447 §16; 2001 c.318 §11]

Source: Section 733.160 — Valuation of assets other than securities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors733.­html (accessed May 26, 2025).
ORS § 731.604 — OR Code / Title 56 / Chapter 731 / Section 731.604
731.604 Acceptance of deposits of insurers
Status: in_force

The following deposits of insurers shall be accepted and held by the Department of Consumer and Business Services for the purposes for which such deposits are made and are subject to the applicable provisions of the Insurance Code:

(1) Deposits required or permitted under the Insurance Code.

(2) Deposits of domestic insurers made pursuant to the laws of other jurisdictions. [1967 c.359 §112; 1999 c.196 §2]

Source: Section 731.604 — Acceptance of deposits of insurers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 743.043 — OR Code / Title 56 / Chapter 743 / Section 743.043
743.043 Assignment of policies
Status: in_force

A policy may be assignable or not assignable, as provided by its terms. Subject to its terms relating to assignability, any life or health insurance policy, under the terms of which the beneficiary may be changed upon the sole request of the insured or owner, may be assigned either by pledge or transfer of title, by an assignment executed by the insured or owner alone and delivered to the insurer, whether or not the pledgee or assignee is the insurer. Any such assignment shall entitle the insurer to deal with the assignee as the owner or pledgee of the policy in accordance with the terms of the assignment, until the insurer has received at its home office written notice of termination of the assignment or pledge, or written notice by or on behalf of some other person claiming some interest in the policy in conflict with the assignment. [Formerly 743.087]

Source: Section 743.043 — Assignment of policies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 743b.502 — OR Code / Title 56 / Chapter 743b / Section 743b.502
743B.502 Third party contracts for leasing of provider panels
Status: in_force

(1) A contracting entity or a third party may not contract with another third party to provide access to the health care services and discounted rates of a provider under a provider network contract unless:

(a) The third party contract is specifically authorized by the provider network contract; and

(b) The third party contract obligates the third party to comply with all applicable terms, limitations and conditions of the provider network contract.

(2) A contracting entity that provides access to the health care services and discounted rates of a provider under a provider network contract shall:

(a) Give to the provider in writing or electronically, at the time a provider network contract is entered into, a list of all third parties known by the contracting entity at the time to which the contracting entity has or will provide access to the health care services and discounted rates of a provider under the provider network contract;

(b) Maintain an Internet website, toll-free telephone number or other readily available mechanism through which a provider may obtain a list, updated at least every 90 days, of all third parties that have access to the provider’s health care services and discounted rates under the provider network contract;

(c) Provide each third party listed under paragraph (a) or (b) of this subsection with information necessary to enable the third party to comply with all relevant terms, limitations and conditions of the provider network contract;

(d) Require a third party to identify on each remittance or explanation of payment sent to a provider the source of any contractual discount in rates taken by the third party under the provider network contract; and

(e) Intentionally left blank —Ed.

(A) Notify each third party listed under paragraph (a) or (b) of this subsection of the termination of the provider network contract no later than 30 days prior to the effective date of the termination; and

(B) Require third parties to cease claiming entitlement to discounted rates or other rights under a provider network contract after the termination of the contract.

(3) The notice required under subsection (2)(e)(A) of this section can be provided by any reasonable means, including but not limited to written notice, electronic communication or an update to an electronic database.

(4) Subject to any applicable continuity of care requirements, agreements or contractual provisions:

(a) A third party’s right to access a provider’s health care services and discounted rates under a provider network contract shall terminate on the date the provider network contract is terminated;

(b) Claims for health care services performed after the termination date of the provider network contract are not eligible for processing and payment in accordance with the provider network contract; and

(c) Claims for health care services performed before the termination date of the provider network contract, but processed after the termination date, are eligible for processing and payment in accordance with the provider network contract.

(5) Intentionally left blank —Ed.

(a) All information made available to a provider in accordance with the requirements of this section and ORS 743B.503 (Additional requirements for third party contracts) shall be confidential and may not be disclosed to any person not involved in the provider’s practice or the administration thereof without the prior written consent of the contracting entity.

(b) This section and ORS 743B.503 (Additional requirements for third party contracts) may not be construed to prohibit a contracting entity from requiring a provider to execute a reasonable confidentiality agreement to ensure that confidential or proprietary information disclosed by the contracting entity is not used for any purpose other than the provider’s direct practice management or billing activities. [Formerly 743.085]

Note: See note under 743B.500 (Selling and leasing of provider panels by contracting entity) .

Source: Section 743B.502 — Third party contracts for leasing of provider panels; requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 750.605 — OR Code / Title 56 / Chapter 750 / Section 750.605
750.605 Unfair, discriminatory or misleading provisions in agreements prohibited
Status: in_force

(1) No provider agreement or membership agreement may contain provisions that are unfair, discriminatory or misleading, that encourage misrepresentation or misunderstandings of the agreement, that might endanger the solvency of the plan or legal expense organization or that are contrary to law.

(2) For the duration of each written membership and provider agreement and for six years following its termination, a legal expense organization shall maintain at its principal administrative office adequate books and records of all transactions between the plan and the providing attorneys, and adequate books and records of all transactions between the plan and members thereof. The Director of the Department of Consumer and Business Services shall have reasonable access to the books and records so long as access does not violate or conflict with the attorney-client privilege recognized under the laws of the State of Oregon. [1989 c.331 §13]

Source: Section 750.605 — Unfair, discriminatory or misleading provisions in agreements prohibited; record of transactions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors750.­html (accessed May 26, 2025).
ORS § 748.133 — OR Code / Title 56 / Chapter 748 / Section 748.133
748.133 Formation
Status: in_force

A domestic society organized on or after January 1, 1988, shall be formed as follows:

(1) Seven or more citizens of the United States, a majority of whom are citizens of this state, who desire to form a fraternal benefit society, may make and sign articles of incorporation. The articles shall be acknowledged before some officer competent to take acknowledgment of deeds and shall state:

(a) The proposed corporate name of the society, which shall not so closely resemble the name of any society or insurance company as to be misleading or confusing;

(b) The purposes for which it is being formed and the mode in which its corporate powers are to be exercised. The purposes shall not include more liberal powers than are granted by this chapter;

(c) The names and residences of the incorporators and the names, residences and official titles of all the officers, trustees, directors or other persons who are to have and exercise the general control of the management of the affairs and funds of the society until their successors are elected by the supreme governing body; and

(d) A plan for the election of officers, trustees and directors by the supreme governing body. The election shall be held not later than one year from the date of issuance of the permanent certificate of authority.

(2) The articles of incorporation, duly certified copies of the society’s bylaws and rules, copies of all proposed forms of certificates, applications therefor and circulars to be issued by the society and a bond conditioned upon the return to applicants of the advanced payments if the organization is not completed within one year shall be filed with the Director of the Department of Consumer and Business Services, who may require such further information as the director deems necessary. The bond with sureties approved by the director shall be in an amount, not less than $300,000 nor more than $1,500,000 as required by the director. All documents filed are to be in English. If the purposes of the society conform to the requirements of this chapter and all provisions of the law have been complied with, the director shall so certify, retain and file the articles of incorporation and furnish the incorporators a preliminary certificate of authority authorizing the society to solicit members as provided in this chapter.

(3) No preliminary certificate of authority granted under the provisions of this section shall be valid after one year from its date or after any further period, not exceeding one year, as may be authorized by the director upon cause shown, unless the 500 applicants required have been secured and the organization has been completed as provided in this chapter. The articles of incorporation and all other proceedings thereunder shall become null and void in one year from the date of the preliminary certificate of authority, or at the expiration of the extended period, unless the society has completed its organization and received a certificate of authority to do business as provided in this chapter.

(4) Upon receipt of a preliminary certificate of authority from the director, the society may solicit members for the purpose of completing its organization, shall collect from each applicant the amount of not less than one regular monthly premium in accordance with its tables of rates and shall issue to each applicant a receipt for the amount collected. No society shall incur any liability other than for the return of the advance premium, nor issue any certificate, nor pay, allow or offer or promise to pay or allow, any benefit to any person until:

(a) Actual bona fide applications for benefits have been secured on not less than 500 applicants, and any necessary evidence of insurability has been furnished to and approved by the society;

(b) At least 10 lodges have been established into which the 500 applicants have been admitted;

(c) There has been submitted to the director, under oath of the president or secretary, or corresponding officer of the society, a list of such applicants, giving their names, addresses, date each was admitted, name and number of the lodge of which each applicant is a member, amount of benefits to be granted and premiums therefor; and

(d) It has been shown to the director, by sworn statement of the treasurer, or corresponding officer of such society, that at least 500 applicants have each paid in cash at least one regular monthly premium as herein provided, which premiums in the aggregate amount to at least $150,000. The advance premiums shall be held in trust during the period of organization and if the society has not qualified for a certificate of authority within one year, as provided in this chapter, the premiums shall be returned to the applicants.

(5) The director may make any examination and require any further information that the director deems advisable. Upon presentation of satisfactory evidence that the society has complied with all the provisions of law, the director shall issue to the society a certificate of authority to that effect and that the society is authorized to transact business pursuant to the provisions of this chapter. The certificate of authority shall be prima facie evidence of the existence of the society at the date of the certificate. The director shall cause a record of the certificate of authority to be made. A certified copy of the record may be given in evidence with like effect as the original certificate of authority.

(6) An incorporated society authorized to transact business in this state at the time this chapter becomes effective shall not be required to reincorporate. [1987 c.490 §9]

Source: Section 748.133 — Formation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors748.­html (accessed May 26, 2025).
ORS § 741.012 — OR Code / Title 56 / Chapter 741 / Section 741.012
741.012 State-administered technology platform
Status: in_force

The Oregon Health Authority shall procure and administer an information technology platform or service, separate from the federal platform, to provide electronic access to the health insurance exchange in this state on and after November 1, 2026. [2023 c.585 §2]

Note: The amendments to 741.012 (State-administered technology platform) by section 5, chapter 585, Oregon Laws 2023, become operative November 1, 2026. See section 7, chapter 585, Oregon Laws 2023. The text that is operative on and after November 1, 2026, is set forth for the user’s convenience.

741.012 (State-administered technology platform) . The Oregon Health Authority shall procure and administer an information technology platform or service, separate from the federal platform, to provide electronic access to the health insurance exchange in this state.

Note: Section 7, chapter 585, Oregon Laws 2023, provides:

Sec. 7. (1) The amendments to section 2 of this 2023 Act [ 741.012 (State-administered technology platform) ] by section 5 of this 2023 Act and the amendments to ORS 741.105 (Charges and fees to be paid by insurers and state programs) and 741.300 (Definitions) by sections 3 and 4 of this 2023 Act become operative on November 1, 2026.

(2) The Oregon Health Authority shall take all steps prior to the operative date specified in subsection (1) of this section that are necessary to carry out the amendments to section 2 of this 2023 Act by section 5 of this 2023 Act and the amendments to ORS 741.105 (Charges and fees to be paid by insurers and state programs) and 741.300 (Definitions) by sections 3 and 4 of this 2023 Act on the operative date specified in subsection (1) of this section. [2023 c.585 §7]

Source: Section 741.012 — State-administered technology platform , https://www.­oregonlegislature.­gov/bills_laws/ors/ors741.­html (accessed May 26, 2025).
ORS § 734.530 — OR Code / Title 56 / Chapter 734 / Section 734.530
734.530 Construction
Status: in_force

ORS 734.510 (Definitions for ORS 734.510 to 734.710) to 734.710 (Administration of delinquency proceeding claims and expenses) shall be liberally construed to effect the purposes provided in ORS 734.520 (Purpose) . [1971 c.616 §3]

Source: Section 734.530 — Construction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 743.270 — OR Code / Title 56 / Chapter 743 / Section 743.270
743.270 Reinstatement
Status: in_force

An annuity or pure endowment policy shall contain a provision that the policy may be reinstated at any time within one year from a default in making stipulated payments to the insurer, unless the cash surrender value has been paid, but all overdue stipulated payments and any indebtedness to the insurer on the policy shall be paid or reinstated with interest at the rate specified in the policy but not exceeding six percent per annum, and in cases where applicable the insurer may also include a requirement of evidence of insurability satisfactory to the insurer. [1967 c.359 §410]

Source: Section 743.270 — Reinstatement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 744.872 — OR Code / Title 56 / Chapter 744 / Section 744.872
744.872 Rules
Status: in_force

The Director of the Department of Consumer and Business Services may adopt rules to implement and administer the provisions of ORS 744.860 (Definitions for ORS 744.860 to 744.870) to 744.870 (Compensation, bonuses and incentives) . [2013 c.280 §8]

Source: Section 744.872 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 734.043 — OR Code / Title 56 / Chapter 734 / Section 734.043
734.043 Supervision of insurer
Status: in_force

(1) For any reason stated in subsection (2) of this section, the Director of the Department of Consumer and Business Services by order may place under supervision:

(a) A domestic insurer; or

(b) A foreign or alien insurer, if the insurance regulatory official of its state of domicile or entry has asked the director to apply this section and ORS 734.047 (Time for correction of condition leading to order of supervision) , 734.051 (Actions by director during period of supervision) and 734.055 (Action against person violating order of supervision) to the insurer.

(2) The director may place an insurer under supervision if upon examination or at any other time the director determines that:

(a) The condition of the insurer renders the continuance of its business hazardous to the public or to its insureds.

(b) The insurer has refused to permit examination of its books, papers, accounts, records or affairs by the director or any deputy, examiner or employee representing the director.

(c) A domestic insurer has unlawfully removed from this state books, papers, accounts or records necessary for an examination of the insurer.

(d) The insurer has failed to comply promptly with the applicable financial reporting statutes or rules and any request of the Department of Consumer and Business Services relating thereto.

(e) The insurer has failed to observe an order of the director to make good, within the time prescribed by law, any prohibited deficiency in its capital, capital stock or surplus.

(f) The insurer is continuing to transact insurance or write business after its certificate of authority has been revoked or suspended by the director.

(g) The insurer, by contract or otherwise, has done any of the following unlawfully, in violation of an order of the director or without first having obtained written approval of the director:

(A) Totally reinsured its entire outstanding business; or

(B) Merged or consolidated substantially its entire property or business with another insurer.

(h) The insurer has engaged in any transaction in which it is not authorized to engage under the laws of this state.

(i) The insurer has failed to comply with any other order of the director.

(j) The insurer has failed to comply with any other applicable provisions of the Insurance Code.

(k) The business of the insurer is being conducted fraudulently.

(L) The insurer agrees to supervision.

(3) If the director determines that one or more conditions set forth in subsection (2) of this section exist, the director may do all of the following:

(a) Notify the insurer of the determination of the director.

(b) Furnish to the insurer a written list of the requirements to abate the condition or conditions determined to exist.

(c) Notify the insurer that it is under the supervision of the director and that the director is applying this section and ORS 734.047 (Time for correction of condition leading to order of supervision) , 734.051 (Actions by director during period of supervision) and 734.055 (Action against person violating order of supervision) .

(4) The director may act as the supervisor to conduct the supervision and otherwise carry out an order under subsection (1) of this section or may appoint another person as supervisor.

(5) The director or the appointed supervisor may prohibit any person from taking any of the following actions during the period of supervision without the prior approval of the director or supervisor:

(a) Disposing of, conveying or encumbering any of the insurer’s assets or its business in force.

(b) Withdrawing from any of the insurer’s bank accounts.

(c) Lending any of the insurer’s funds.

(d) Investing any of the insurer’s funds.

(e) Transferring any of the insurer’s property.

(f) Incurring any debt, obligation or liability on behalf of the insurer.

(g) Merging or consolidating the insurer with another insurer or other person.

(h) Entering into any new reinsurance contract or treaty.

(i) Approving new premiums or renewing any policies.

(j) Terminating, surrendering, forfeiting, converting or lapsing any insurance policy, certificate or contract, except for nonpayment of premiums due.

(k) Releasing, paying or refunding premium deposits, accrued cash or loan values, unearned premiums, or other reserves on any insurance policy, certificate or contract.

(L) Making any material change in management.

(m) Increasing salaries and benefits of officers or directors.

(n) Making or increasing preferential payment of bonuses, dividends or other payments determined by the director to be preferential.

(o) Any other action affecting the business or condition of the insurer.

(6) The director may apply to any circuit court for any restraining order, preliminary and permanent injunctions and other orders necessary to enforce a supervision order.

(7) During the period of supervision, the insurer may file a written request for a hearing to review the supervision or any action taken or proposed to be taken. A request under this subsection shall not suspend the supervision. The insurer must specify in the request the manner in which the action being complained of would not result in improving the condition of the insurer. The hearing shall be held within 30 days after the filing of the request. The director shall complete the review of the supervision or other action and shall take action under subsection (8) of this section if appropriate within 30 days after the record for the hearing is closed.

(8) The director shall release an insurer from supervision if the director determines upon hearing that none of the conditions giving rise to the supervision exist. [1989 c.425 §6; 1991 c.401 §6; 1993 c.447 §88]

Source: Section 734.043 — Supervision of insurer; order; consequences; insurer remedies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 733.635 — OR Code / Title 56 / Chapter 733 / Section 733.635
733.635 Approved activities of corporations in which investments authorized
Status: in_force

Investments authorized by ORS 733.630 (Investment in securities or obligations of certain corporations) may be made in corporations engaged, or which will be engaged, in one or more of the following insurance or ancillary businesses:

(1) Any kind of insurance business authorized by the jurisdiction in which it is incorporated.

(2) Any kind of business primarily related to the insurance business carried on by the parent.

(3) Acting as an insurance producer for its parent or for any of its parent’s insurer subsidiaries or intermediate insurer subsidiaries.

(4) Investing, reinvesting or trading in securities for its own account, that of its parent, any subsidiary of its parent, or any affiliate or subsidiary.

(5) Management of any investment company subject to or registered pursuant to the Federal Investment Company Act of 1940, as amended, including related sales and services.

(6) Acting as a broker-dealer subject to or registered pursuant to the Securities Exchange Act of 1934, as amended.

(7) Rendering investment advice to governments, government agencies, corporations or other organizations or groups.

(8) Rendering other services related to the operations of an insurance business including, but not limited to, actuarial, loss prevention, safety engineering, data processing, accounting, claims, appraisal and collection services.

(9) Ownership and management of assets or property which the parent could itself own and manage.

(10) Acting as administrative agent for a government instrumentality which is performing an insurance function.

(11) Financing of insurance premiums.

(12) Owning a corporation or corporations engaged or organized to engage exclusively in one or more of the businesses specified in subsections (1) to (11) of this section. [1969 c.285 §3; 2003 c.364 §84]

Source: Section 733.635 — Approved activities of corporations in which investments authorized , https://www.­oregonlegislature.­gov/bills_laws/ors/ors733.­html (accessed May 26, 2025).
ORS § 746.632 — OR Code / Title 56 / Chapter 746 / Section 746.632
746.632 Genetic information used for treatment
Status: in_force

(1) Notwithstanding ORS 192.537 (Individual’s rights in genetic information) (3), a health insurer may retain genetic information of an individual without obtaining an authorization from the individual or a personal representative of the individual if the retention is for treatment, payment or health care operations by the insurer.

(2) Notwithstanding ORS 192.539 (Disclosure of genetic information) (1), a health insurer may disclose genetic information of an individual without obtaining an authorization from the individual or a personal representative of the individual if the insurer discloses the genetic information in accordance with ORS 746.607 (Use and disclosure of personal information) (3).

(3) As used in this section, “retain genetic information” has the meaning given that term in ORS 192.531 (Definitions for ORS 192.531 to 192.549) .

(4) As used in this section, “health care operations” does not include underwriting activities.

(5) Nothing in this section shall be construed to interfere with or limit the requirements of ORS 746.135 (Genetic tests and information) . [2007 c.800 §8]

Source: Section 746.632 — Genetic information used for treatment; authorization; disclosure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 732.813 — OR Code / Title 56 / Chapter 732 / Section 732.813
732.813 Notice to prospective insured
Status: in_force

A controlling producer, prior to the effective date of a policy, shall deliver written notice to the prospective insured disclosing the relationship between the producer and the controlled insurer. If the insurance is placed through a subproducer who is not a controlling producer, the controlling producer must retain in the records of the controlling producer a signed commitment from the subproducer that the subproducer is aware of the relationship between the insurer and the producer and that the subproducer has or will notify the insured of the relationship. [1993 c.447 §61]

Note: See note under 732.810 (Definitions for ORS 732.810 to 732.814) .

Source: Section 732.813 — Notice to prospective insured , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 742.710 — OR Code / Title 56 / Chapter 742 / Section 742.710
742.710 Exemptions from provisions of ORS 742.700 to 742.708
Status: in_force

(1) ORS 742.700 (Definitions for ORS 742.700 to 742.710) to 742.708 (Proof of receipt of notice) do not apply to:

(a) Any commercial liability insurance policy that has not been previously renewed if the policy has been in effect less than 60 days at the time notice of cancellation is mailed or otherwise delivered.

(b) Any policy subject to the provisions of ORS 742.560 (Definitions for ORS 742.560 to 742.572) to 742.572 (Immunity from liability of persons furnishing information regarding cancellation or nonrenewal of policies) .

(c) Workers’ compensation insurance.

(d) Any assigned risk program.

(e) Any excess liability insurance policy, including any commercial umbrella policy and any excess umbrella policy.

(2) The Director of the Department of Consumer and Business Services may suspend, in whole or in part, the applicability of ORS 742.700 (Definitions for ORS 742.700 to 742.710) to 742.708 (Proof of receipt of notice) to any insurer if, in the director’s discretion, its application will endanger the ability of the insurer to fulfill its contractual obligations. [Formerly 743.950; 2005 c.185 §15]

Source: Section 742.710 — Exemptions from provisions of ORS 742.700 to 742.708 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 735.632 — OR Code / Title 56 / Chapter 735 / Section 735.632
735.632 License requirement for conducting business as discount medical plan organization
Status: in_force

(1) A person may not conduct business as or purport to conduct business as a discount medical plan organization unless the person first obtains a license to operate as a discount medical plan organization from the Director of the Department of Consumer and Business Services in accordance with ORS 735.634 (License application) .

(2) The license requirement set forth in subsection (1) of this section does not apply to an insurer that offers a discount medical plan. [Formerly 742.422]

Note: See note under 735.631 (Definitions for ORS 735.631 to 735.643) .

Source: Section 735.632 — License requirement for conducting business as discount medical plan organization , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 732.523 — OR Code / Title 56 / Chapter 732 / Section 732.523
732.523 Procedure for acquiring controlling interest of capital stock
Status: in_force

(1) An acquiring party shall:

(a) File a statement of acquisition that has the information specified in this section with the Director of the Department of Consumer and Business Services for approval. If more than one acquiring party must file a statement under this paragraph, any or all acquiring parties that are acting in concert may file a joint statement.

(b) Deliver or mail to the domestic insurer to which the activity described in ORS 732.521 (Activities that are prohibited unless specified procedures followed) (1) applies, concurrently with filing the statement under paragraph (a) of this subsection, a statement that has the information specified in this section. A statement mailed under this paragraph must be sent by certified mail, return receipt requested. If a joint statement is filed under paragraph (a) of this subsection, the joint statement must be the statement mailed or delivered under this paragraph.

(2) The statement an acquiring party files with the director under this section must be made under oath or affirmation and must have the following information:

(a) The name and address of the domestic insurer that is subject to the acquisition and of each acquiring party that must file the statement, additional biographical and business information about each acquiring party that must file the statement, and business plans and information regarding persons who will serve as or perform functions of directors or officers, as required by the Director of the Department of Consumer and Business Services.

(b) The source, nature and amount of the consideration used or to be used in effecting the activity, a description of any transaction in which funds were or are to be obtained for the activity and the identity of persons that provide the consideration. If a source of consideration is a loan made in the lender’s ordinary course of business, the identity of the lender must remain confidential as provided in ORS 705.137 (Information that is confidential or not subject to disclosure) , if the acquiring party filing the statement requests confidentiality.

(c) Fully audited financial information as to the earnings and financial condition of each acquiring party for the acquiring party’s preceding five fiscal years, or for as long as the acquiring party and any predecessors of the acquiring party have existed, if the acquiring party and the acquiring party’s predecessors have existed for a shorter period of time, and similar unaudited information as of a date not earlier than 90 days before the statement was filed.

(d) Any plan or proposals that each acquiring party that must file a statement has to liquidate the insurer, to sell the insurer’s assets or to merge or consolidate the insurer with any person or to make any other material change in the insurer’s business, corporate structure or management.

(e) The number of shares of any security of a type described in ORS 732.521 (Activities that are prohibited unless specified procedures followed) that each acquiring party proposes to acquire, the terms of any offer, request, invitation, agreement or acquisition of any security of a type described in ORS 732.521 (Activities that are prohibited unless specified procedures followed) and a statement as to the method by which the acquiring party determined the fairness of the proposal.

(f) The amount of each class of any security of a type described in ORS 732.521 (Activities that are prohibited unless specified procedures followed) that each acquiring party owns beneficially or concerning which each acquiring party has a right to acquire beneficial ownership.

(g) A full description of any contracts, agreements or understandings with respect to any security of a type described in ORS 732.521 (Activities that are prohibited unless specified procedures followed) in which any acquiring party is involved, including but not limited to contracts, agreements or understandings that govern a transfer of any of the securities or that relate to joint ventures, loan or option arrangements, puts or calls, loan guarantees, guarantees against loss or guarantees of profits, division of losses or profits, or giving or withholding proxies. The description must identify the persons with which each acquiring party has entered into the contract, agreement or understanding.

(h) The names of persons who have purchased any securities of a type described in ORS 732.521 (Activities that are prohibited unless specified procedures followed) during the 12 months before the date on which the acquiring party files the statement under this section, together with the dates of purchase and the amount and type of consideration the persons paid or agreed to pay.

(i) A description of any recommendations to purchase any securities of a type described in ORS 732.521 (Activities that are prohibited unless specified procedures followed) that an acquiring party made during the 12 months before the date on which the acquiring party files the statement under this section, or of any recommendations that another person made as a result of interviewing an acquiring party or at an acquiring party’s suggestion.

(j) Copies of all tender offers, requests, exchange offers, invitations to tender or agreements to acquire securities of a type described in ORS 732.521 (Activities that are prohibited unless specified procedures followed) , along with any additional material used to solicit the tender offers, requests, exchange offers, invitations to tender or agreements, if any additional material was distributed.

(k) The term of any contract, agreement or understanding for soliciting securities of a type described in ORS 732.521 (Activities that are prohibited unless specified procedures followed) for tender that is made with or proposed to be made with a broker-dealer, together with the fees, commissions or other compensation the broker-dealer will receive in connection with the solicitation.

(L) An agreement to submit an enterprise risk report under ORS 732.569 (Annual enterprise risk report) each year during which the acquiring party controls the domestic insurer and an acknowledgment that the acquiring party and all subsidiaries in the insurance holding company system that are within the acquiring party’s control will provide, at the director’s request, information the director needs to evaluate enterprise risk to the insurer.

(m) Any additional information the director may require.

(3) All requests or invitations for tenders or advertisements that make a tender offer or request or invite tenders of securities for control of a domestic insurer made by or on behalf of any acquiring party required to file the statement under this section must have the information specified in subsection (2) of this section. Copies of the materials must be filed with the director at least 10 days before the time the materials are first published or sent or given to security holders. Any additional materials that solicit or request the tenders after the initial solicitation or request must have the information specified in subsection (2) of this section. Copies of the additional materials must be filed with the director at least 10 days prior to the time the materials are first published or sent or given to security holders.

(4) If any acquiring party required to file the statement under this section is a partnership, limited partnership, syndicate or other group, the director may require that the information specified in subsection (2) of this section be given with respect to each partner of the partnership or limited partnership, each member of the syndicate or group and each person that controls the partner or member. If any partner, member or person is a corporation or if the acquiring party is a corporation, the director may require that the information described in subsection (2) of this section be given with respect to the corporation and each officer and director of the corporation and each person that is directly or indirectly the beneficial owner of more than 10 percent of the outstanding securities of the corporation.

(5) If any material change occurs in the facts set forth in the statement filed under this section, the party that filed the statement shall file with the director and send to the insurer, within two business days after the party learns of the change, an amendment that sets forth the change together with copies of all documents and other material relevant to the change.

(6) If an offer, request, invitation, agreement or acquisition described in ORS 732.521 (Activities that are prohibited unless specified procedures followed) (1) is proposed to be made by means of a registration statement under the Securities Act of 1933 or in circumstances that require disclosing similar information under the Securities Exchange Act of 1934, or under a state law that requires a similar registration or disclosure, the party or parties may use the registration statement or disclosure to provide the information the party or parties must provide in the statement required under subsection (1) of this section.

(7) Any acquiring party may file with the completed statement or within 10 days after the date on which the acquiring party filed the statement a written request for a hearing on the acquisition. The insurer that is subject to the acquisition may file with the director a written request for a hearing on the acquisition within 10 days after the acquiring party filed the completed statement. [1983 c.498 §9; 1993 c.447 §29; 1995 c.79 §359; 2001 c.377 §10; 2013 c.370 §19]

Source: Section 732.523 — Procedure for acquiring controlling interest of capital stock; filing of statement; contents; request for hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 746.600 — OR Code / Title 56 / Chapter 746 / Section 746.600
746.600 Definitions for ORS 746.600 to 746.690
Status: in_force

As used in ORS 746.600 (Definitions for ORS 746.600 to 746.690) to 746.690 (Obtaining information under false pretenses prohibited) :

(1) Intentionally left blank —Ed.

(a) “Adverse underwriting decision” means any of the following actions with respect to insurance transactions involving insurance coverage that is individually underwritten:

(A) A declination of insurance coverage.

(B) A termination of insurance coverage.

(C) Failure of an insurance producer to apply for insurance coverage with a specific insurer that the insurance producer represents and that is requested by an applicant.

(D) In the case of life or health insurance coverage, an offer to insure at higher than standard rates.

(E) In the case of insurance coverage other than life or health insurance coverage:

(i) Placement by an insurer or insurance producer of a risk with a residual market mechanism, an unauthorized insurer or an insurer that specializes in substandard risks.

(ii) The charging of a higher rate on the basis of information that differs from that which the applicant or policyholder furnished.

(iii) An increase in any charge imposed by the insurer for any personal insurance in connection with the underwriting of insurance. For purposes of this sub-subparagraph, the imposition of a service fee is not a charge.

(b) “Adverse underwriting decision” does not mean any of the following actions, but the insurer or insurance producer responsible for the occurrence of the action must nevertheless provide the applicant or policyholder with the specific reason or reasons for the occurrence:

(A) The termination of an individual policy form on a class or statewide basis.

(B) A declination of insurance coverage solely because the coverage is not available on a class or statewide basis.

(C) The rescission of a policy.

(2) “Affiliate of” a specified person or “person affiliated with” a specified person means a person who directly, or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with, the person specified.

(3) “Applicant” means a person who seeks to contract for insurance coverage, other than a person seeking group insurance coverage that is not individually underwritten.

(4) “Consumer” means an individual, or the personal representative of the individual, who seeks to obtain, obtains or has obtained one or more insurance products or services from a licensee that are to be used primarily for personal, family or household purposes, and about whom the licensee has personal information.

(5) “Consumer report” means any written, oral or other communication of information bearing on a natural person’s creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living that is used or expected to be used in connection with an insurance transaction.

(6) “Consumer reporting agency” means a person that, for monetary fees or dues, or on a cooperative or nonprofit basis:

(a) Regularly engages, in whole or in part, in assembling or preparing consumer reports;

(b) Obtains information primarily from sources other than insurers; and

(c) Furnishes consumer reports to other persons.

(7) “Control” means, and the terms “controlled by” or “under common control with” refer to, the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power of the person is the result of a corporate office held in, or an official position held with, the controlled person.

(8) “Covered entity” means:

(a) A health insurer;

(b) A health care provider that transmits any health information in electronic form to carry out financial or administrative activities in connection with a transaction covered by ORS 746.607 (Use and disclosure of personal information) or by rules adopted under ORS 746.608 (Rules) ; or

(c) A health care clearinghouse.

(9) “Credit history” means any written or other communication of any information by a consumer reporting agency that:

(a) Bears on a consumer’s creditworthiness, credit standing or credit capacity; and

(b) Is used or expected to be used, or collected in whole or in part, as a factor in determining eligibility, premiums or rates for personal insurance.

(10) “Customer” means a consumer who has a continuing relationship with a licensee under which the licensee provides one or more insurance products or services to the consumer that are to be used primarily for personal, family or household purposes.

(11) “Declination of insurance coverage” or “decline coverage” means a denial, in whole or in part, by an insurer or insurance producer of an application for requested insurance coverage.

(12) “Health care” means care, services or supplies related to the health of an individual.

(13) “Health care operations” includes but is not limited to:

(a) Quality assessment, accreditation, auditing and improvement activities;

(b) Case management and care coordination;

(c) Reviewing the competence, qualifications or performance of health care providers or health insurers;

(d) Underwriting activities;

(e) Arranging for legal services;

(f) Business planning;

(g) Customer services;

(h) Resolving internal grievances;

(i) Creating deidentified information; and

(j) Fundraising.

(14) “Health care provider” includes but is not limited to:

(a) A psychologist, occupational therapist, regulated social worker, professional counselor or marriage and family therapist licensed or otherwise authorized to practice under ORS chapter 675 or an employee of the psychologist, occupational therapist, regulated social worker, professional counselor or marriage and family therapist;

(b) A physician or physician assistant licensed under ORS chapter 677, an acupuncturist licensed under ORS 677.759 (License required) or an employee of the physician, physician assistant or acupuncturist;

(c) A nurse or nursing home administrator licensed under ORS chapter 678 or an employee of the nurse or nursing home administrator;

(d) A dentist licensed under ORS chapter 679 or an employee of the dentist;

(e) A dental hygienist or denturist licensed under ORS chapter 680 or an employee of the dental hygienist or denturist;

(f) A speech-language pathologist or audiologist licensed under ORS chapter 681 or an employee of the speech-language pathologist or audiologist;

(g) An emergency medical services provider licensed under ORS chapter 682;

(h) An optometrist licensed under ORS chapter 683 or an employee of the optometrist;

(i) A chiropractic physician licensed under ORS chapter 684 or an employee of the chiropractic physician;

(j) A naturopathic physician licensed under ORS chapter 685 or an employee of the naturopathic physician;

(k) A massage therapist licensed under ORS 687.011 (Definitions) to 687.250 (Enforcement) or an employee of the massage therapist;

(L) A direct entry midwife licensed under ORS 687.405 (“Direct entry midwifery” defined) to 687.495 (Collection of data on birth and fetal death outcomes) or an employee of the direct entry midwife;

(m) A physical therapist licensed under ORS 688.010 (Definitions for ORS 688.010 to 688.201) to 688.201 (Disposition of receipts) or an employee of the physical therapist;

(n) A medical imaging licensee under ORS 688.405 (Definitions for ORS 688.405 to 688.605) to 688.605 (Duty to report violation) or an employee of the medical imaging licensee;

(o) A respiratory care practitioner licensed under ORS 688.815 (License to practice respiratory care) or an employee of the respiratory care practitioner;

(p) A polysomnographic technologist licensed under ORS 688.819 (Polysomnographic technologist license) or an employee of the polysomnographic technologist;

(q) A pharmacist licensed under ORS chapter 689 or an employee of the pharmacist;

(r) A dietitian licensed under ORS 691.405 (Definitions for ORS 691.405 to 691.485) to 691.485 (Board of Licensed Dietitians) or an employee of the dietitian;

(s) A funeral service practitioner licensed under ORS chapter 692 or an employee of the funeral service practitioner;

(t) A health care facility as defined in ORS 442.015 (Definitions) ;

(u) A home health agency as defined in ORS 443.014 (Definitions for ORS 443.014 to 443.105) ;

(v) A hospice program as defined in ORS 443.850 (Definitions for ORS 443.850 to 443.869) ;

(w) A clinical laboratory as defined in ORS 438.010 (Definitions for ORS 438.010 to 438.510) ;

(x) A pharmacy as defined in ORS 689.005 (Definitions) ;

(y) A diabetes self-management program as defined in ORS 743.694; and

(z) Any other person or entity that furnishes, bills for or is paid for health care in the normal course of business.

(15) “Health information” means any oral or written information in any form or medium that:

(a) Is created or received by a covered entity, a public health authority, a life insurer, a school, a university or a health care provider that is not a covered entity; and

(b) Relates to:

(A) The past, present or future physical or mental health or condition of an individual;

(B) The provision of health care to an individual; or

(C) The past, present or future payment for the provision of health care to an individual.

(16) “Health insurer” means an insurer who offers:

(a) A health benefit plan as defined in ORS 743B.005 (Definitions) ;

(b) A short term health insurance policy, the duration of which does not exceed three months including renewals;

(c) A student health insurance policy;

(d) A Medicare supplemental policy; or

(e) A dental only policy.

(17) “Homeowner insurance” means insurance for residential property consisting of a combination of property insurance and casualty insurance that provides coverage for the risks of owning or occupying a dwelling and that is not intended to cover an owner’s interest in rental property or commercial exposures.

(18) “Individual” means a natural person who:

(a) In the case of life or health insurance, is a past, present or proposed principal insured or certificate holder;

(b) In the case of other kinds of insurance, is a past, present or proposed named insured or certificate holder;

(c) Is a past, present or proposed policyowner;

(d) Is a past or present applicant;

(e) Is a past or present claimant; or

(f) Derived, derives or is proposed to derive insurance coverage under an insurance policy or certificate that is subject to ORS 746.600 (Definitions for ORS 746.600 to 746.690) to 746.690 (Obtaining information under false pretenses prohibited) .

(19) “Individually identifiable health information” means any oral or written health information that is:

(a) Created or received by a covered entity or a health care provider that is not a covered entity; and

(b) Identifiable to an individual, including demographic information that identifies the individual, or for which there is a reasonable basis to believe the information can be used to identify an individual, and that relates to:

(A) The past, present or future physical or mental health or condition of an individual;

(B) The provision of health care to an individual; or

(C) The past, present or future payment for the provision of health care to an individual.

(20) “Institutional source” means a person or governmental entity that provides information about an individual to an insurer, insurance producer or insurance-support organization, other than:

(a) An insurance producer;

(b) The individual who is the subject of the information; or

(c) A natural person acting in a personal capacity rather than in a business or professional capacity.

(21) “Insurance producer” or “producer” means a person licensed by the Director of the Department of Consumer and Business Services as a resident or nonresident insurance producer.

(22) “Insurance score” means a number or rating that is derived from an algorithm, computer application, model or other process that is based in whole or in part on credit history.

(23) Intentionally left blank —Ed.

(a) “Insurance-support organization” means a person who regularly engages, in whole or in part, in assembling or collecting information about natural persons for the primary purpose of providing the information to an insurer or insurance producer for insurance transactions, including:

(A) The furnishing of consumer reports to an insurer or insurance producer for use in connection with insurance transactions; and

(B) The collection of personal information from insurers, insurance producers or other insurance-support organizations for the purpose of detecting or preventing fraud, material misrepresentation or material nondisclosure in connection with insurance underwriting or insurance claim activity.

(b) “Insurance-support organization” does not mean insurers, insurance producers, governmental institutions or health care providers.

(24) “Insurance transaction” means any transaction that involves insurance primarily for personal, family or household needs rather than business or professional needs and that entails:

(a) The determination of an individual’s eligibility for an insurance coverage, benefit or payment; or

(b) The servicing of an insurance application, policy or certificate.

(25) “Insurer” has the meaning given that term in ORS 731.106 (“Insurer.”) .

(26) “Investigative consumer report” means a consumer report, or portion of a consumer report, for which information about a natural person’s character, general reputation, personal characteristics or mode of living is obtained through personal interviews with the person’s neighbors, friends, associates, acquaintances or others who may have knowledge concerning such items of information.

(27) “Licensee” means an insurer, insurance producer or other person authorized or required to be authorized, or licensed or required to be licensed, pursuant to the Insurance Code.

(28) “Loss history report” means a report provided by, or a database maintained by, an insurance-support organization or consumer reporting agency that contains information regarding the claims history of the individual property that is the subject of the application for a homeowner insurance policy or the consumer applying for a homeowner insurance policy.

(29) “Nonaffiliated third party” means any person except:

(a) An affiliate of a licensee;

(b) A person that is employed jointly by a licensee and by a person that is not an affiliate of the licensee; and

(c) As designated by the director by rule.

(30) “Payment” includes but is not limited to:

(a) Efforts to obtain premiums or reimbursement;

(b) Determining eligibility or coverage;

(c) Billing activities;

(d) Claims management;

(e) Reviewing health care to determine medical necessity;

(f) Utilization review; and

(g) Disclosures to consumer reporting agencies.

(31) Intentionally left blank —Ed.

(a) “Personal financial information” means:

(A) Information that is identifiable with an individual, gathered in connection with an insurance transaction from which judgments can be made about the individual’s character, habits, avocations, finances, occupations, general reputation, credit or any other personal characteristics; or

(B) An individual’s name, address and policy number or similar form of access code for the individual’s policy.

(b) “Personal financial information” does not mean information that a licensee has a reasonable basis to believe is lawfully made available to the general public from federal, state or local government records, widely distributed media or disclosures to the public that are required by federal, state or local law.

(32) “Personal information” means:

(a) Personal financial information;

(b) Individually identifiable health information; or

(c) Protected health information.

(33) “Personal insurance” means the following types of insurance products or services that are to be used primarily for personal, family or household purposes:

(a) Private passenger automobile coverage;

(b) Homeowner, mobile homeowners, manufactured homeowners, condominium owners and renters coverage;

(c) Personal dwelling property coverage;

(d) Personal liability and theft coverage, including excess personal liability and theft coverage; and

(e) Personal inland marine coverage.

(34) “Personal representative” includes but is not limited to:

(a) A person appointed as a guardian under ORS 125.305 (Order of appointment) , 419B.372 (Guardianship as incident of custody) , 419C.481 (Guardianship and legal custody of adjudicated youth committed to Oregon Youth Authority) or 419C.555 (Authority to appoint guardian) with authority to make medical and health care decisions;

(b) A person appointed as a health care representative under ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) or 127.700 (Definitions for ORS 127.700 to 127.737) to 127.737 (Certain other laws applicable to declaration) to make health care decisions or mental health treatment decisions;

(c) A person appointed as a personal representative under ORS chapter 113; and

(d) A person described in ORS 746.611 (Personal representative of deceased person) .

(35) “Policyholder” means a person who:

(a) In the case of individual policies of life or health insurance, is a current policyowner;

(b) In the case of individual policies of other kinds of insurance, is currently a named insured; or

(c) In the case of group policies of insurance under which coverage is individually underwritten, is a current certificate holder.

(36) “Pretext interview” means an interview wherein the interviewer, in an attempt to obtain personal information about a natural person, does one or more of the following:

(a) Pretends to be someone the interviewer is not.

(b) Pretends to represent a person the interviewer is not in fact representing.

(c) Misrepresents the true purpose of the interview.

(d) Refuses upon request to identify the interviewer.

(37) “Privileged information” means information that is identifiable with an individual and that:

(a) Relates to a claim for insurance benefits or a civil or criminal proceeding involving the individual; and

(b) Is collected in connection with or in reasonable anticipation of a claim for insurance benefits or a civil or criminal proceeding involving the individual.

(38) Intentionally left blank —Ed.

(a) “Protected health information” means individually identifiable health information that is transmitted or maintained in any form of electronic or other medium by a covered entity.

(b) “Protected health information” does not mean individually identifiable health information in:

(A) Education records covered by the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g);

(B) Records described at 20 U.S.C. 1232g(a)(4)(B)(iv); or

(C) Employment records held by a covered entity in its role as employer.

(39) “Residual market mechanism” means an association, organization or other entity involved in the insuring of risks under ORS 735.005 (Definitions for ORS 735.005 to 735.145) to 735.145 (Immunity from legal action in carrying out duties) , 737.312 (Agreements among insurers for assignment of risks) or other provisions of the Insurance Code relating to insurance applicants who are unable to procure insurance through normal insurance markets.

(40) “Termination of insurance coverage” or “termination of an insurance policy” means either a cancellation or a nonrenewal of an insurance policy, in whole or in part, for any reason other than the failure of a premium to be paid as required by the policy.

(41) “Treatment” includes but is not limited to:

(a) The provision, coordination or management of health care; and

(b) Consultations and referrals between health care providers. [1981 c.649 §4; 1987 c.490 §50; 2001 c.191 §50; 2001 c.377 §25; 2003 c.87 §6; 2003 c.364 §151; 2003 c.590 §§2,4; 2003 c.599 §§5,7; 2003 c.788 §1a; 2005 c.253 §§6,7; 2005 c.489 §§1,2; 2009 c.442 §48; 2009 c.833 §31; 2011 c.703 §47; 2011 c.715 §22; 2013 c.129 §39; 2013 c.698 §24; 2017 c.152 §15]

Source: Section 746.600 — Definitions for ORS 746.600 to 746.690 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 748.106 — OR Code / Title 56 / Chapter 748 / Section 748.106
748.106 Description of fraternal benefit society
Status: in_force

Any corporation, society, order, supreme lodge or voluntary association, without capital stock, conducted solely for the benefit of its members and their beneficiaries and not-for-profit, operated on a lodge system with ritualistic form of work, having a representative form of government and which provides benefits in accordance with this chapter is hereby declared to be a fraternal benefit society. [1987 c.490 §3]

Source: Section 748.106 — Description of fraternal benefit society , https://www.­oregonlegislature.­gov/bills_laws/ors/ors748.­html (accessed May 26, 2025).
ORS § 742.544 — OR Code / Title 56 / Chapter 742 / Section 742.544
742.544 Reimbursement for benefits paid
Status: in_force

(1) Intentionally left blank —Ed.

(a) As used in this subsection, “total amount of the recovery” means the amount that a person injured in a motor vehicle accident recovers from:

(A) Underinsured motorist benefits described in ORS 742.502 (Uninsured motorist coverage) (2);

(B) Liability insurance coverage the injured person receives from other parties involved in the motor vehicle accident;

(C) Personal injury protection benefits or health insurance benefits; and

(D) Any other payment by or on behalf of the party that caused the motor vehicle accident.

(b) An insurer may not receive a reimbursement or subrogation for personal injury protection benefits or health benefits the insurer provided to a person injured in a motor vehicle accident from any recovery the injured person obtains in an action for damages except to the extent that:

(A) The injured person first receives full compensation for the injured person’s injuries; and

(B) The reimbursement or subrogation is paid only from the total amount of the recovery in excess of the amount that fully compensates for the injured person’s injuries.

(2) For purposes of this section, the following rebuttable presumptions apply:

(a) The amount of any judgment that an injured person obtains is the amount necessary to fully compensate for the injured person’s injuries.

(b) An injured person has received full compensation for the injured person’s injuries if the amount of the recovery is less than the coverage available to the injured person from the sum of benefits paid under another person’s motor vehicle liability policy, under an underinsured motorist policy described in ORS 742.502 (Uninsured motorist coverage) (2), as personal injury protection payments and from any other source of payment from or on behalf of the party whose fault caused the injuries.

(c) An injured person has not received full compensation for the injured person’s injuries if the injured person recovers an amount that is equal to the coverage available to the injured person from the sum of benefits paid under another person’s motor vehicle liability policy, under an underinsured motorist policy described in ORS 742.502 (Uninsured motorist coverage) (2), as personal injury protection payments and from any other source of payment from or on behalf of the party whose fault caused the injuries.

(3) An insurer may not deny or refuse to provide benefits that are otherwise available to an injured person because of the potential the injured person has to make a claim or bring an action against another person or enter into a settlement with another person.

(4) A person with whom an injured person enters into a settlement or from whom the injured person obtains a judgment in connection with a claim or action may not name an insurer that seeks a reimbursement or subrogation under ORS 742.536 (Notice of claim or legal action to insurer) or 742.538 (Subrogation rights of insurers to certain amounts received by injured person) as a payee on a check, draft or other form of payment in satisfaction of the claim or judgment.

(5) An insurer may not delay, withhold or reduce benefits to an injured person because of an act or omission for which a third party is or may be liable or as a means of enforcing or attempting to enforce a claim for reimbursement or subrogation.

(6) An insurer that receives a reimbursement for benefits the insurer provided to an injured person shall apply the amount of the reimbursement as a credit against any lifetime maximum benefit set forth for the injured person in the policy, benefit plan or contract under which the insurer paid the benefits.

(7) A provision in a policy, benefit plan or contract that permits reimbursement or subrogation other than as provided in this section is void and unenforceable.

(8) This section does not:

(a) Prohibit insurers from coordinating benefits;

(b) Limit an insurer’s right to seek reimbursement or subrogation to recover, without reduction, amounts the insurer paid for property damage;

(c) Limit an insurer that provided coverage against underinsured motorists from pursuing a claim against a party at fault; or

(d) Require a person to repay more than the amount of personal injury protection benefits that the person actually received. [1993 c.709 §9; 2015 c.5 §5; 2019 c.460 §4]

Source: Section 742.544 — Reimbursement for benefits paid , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 735.492 — OR Code / Title 56 / Chapter 735 / Section 735.492
735.492 Application of certain Insurance Code provisions to surplus lines insurers
Status: in_force

ORS 731.324 (Service of process on Secretary of State) , 731.328 (Deposits by unauthorized insurers in actions or proceedings) , 731.512 (Withdrawal of insurer) and 731.624 (Special deposits) do not apply to surplus lines insurers. [2005 c.185 §17]

Source: Section 735.492 — Application of certain Insurance Code provisions to surplus lines insurers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 743a.104 — OR Code / Title 56 / Chapter 743a / Section 743a.104
743A.104 Pelvic examinations and Pap smear examinations
Status: in_force

All policies providing health insurance, except those policies whose coverage is limited to expenses from accidents or specific diseases that are unrelated to the coverage required by this section, shall include coverage for pelvic examinations and Pap smear examinations as follows:

(1) Annually for individuals 18 to 64 years of age; and

(2) At any time upon referral of an individual’s health care provider. [Formerly 743.728; 2017 c.152 §5]

Source: Section 743A.104 — Pelvic examinations and Pap smear examinations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743A.­html (accessed May 26, 2025).
ORS § 733.316 — OR Code / Title 56 / Chapter 733 / Section 733.316
733.316 Aggregate reserves
Status: in_force

(1) The aggregate reserves of an insurer for all life insurance policies, excluding disability and accidental death benefits, issued on or after the operative date stated in ORS 743.204 (Standard Nonforfeiture Law for Life Insurance) for the Standard Nonforfeiture Law for Life Insurance, shall not be less than the aggregate reserves calculated in accordance with the methods set forth in ORS 733.312 (Amount of required reserves for life insurance policies) , 733.314 (Amount of required reserves for certain annuity and pure endowment contracts) , 733.320 (Minimum required reserve for certain policies) and 733.322 (Calculation of reserves for plans for which minimum reserves cannot be determined under ORS 733.312, 733.314 or 733.320) and the mortality table or tables and rate or rates of interest used in calculating nonforfeiture benefits for such policies.

(2) The aggregate reserves of an insurer for all policies, contracts and benefits shall not be less than the aggregate reserves determined by the qualified actuary to be necessary to render the opinion required by ORS 733.304 (Opinion of actuary) . [1991 c.401 §25; 2015 c.547 §24]

Source: Section 733.316 — Aggregate reserves , https://www.­oregonlegislature.­gov/bills_laws/ors/ors733.­html (accessed May 26, 2025).
ORS § 750.303 — OR Code / Title 56 / Chapter 750 / Section 750.303
750.303 Conditions for use of multiple employer welfare arrangement
Status: in_force

(1) An association or group of employers shall not provide health benefits to employees of the association or employees of any of the employers through a multiple employer welfare arrangement in this state except as authorized by a subsisting certificate of multiple employer welfare arrangement issued by the Director of the Department of Consumer and Business Services.

(2) Only health benefits may be transacted through a multiple employer welfare arrangement. Health benefits may include benefits for disablement only if the benefits for disablement do not exceed $2,000 each year for each person covered by the disablement benefit.

(3) Life insurance or insurance for disablement other than benefits described in subsection (2) of this section, or both, may be provided through a multiple employer welfare arrangement only if the insurance benefits meet the following conditions:

(a) The insurance benefits must be fully insured through an authorized insurer.

(b) The insurance benefits must be ancillary to the health benefits being provided under subsection (2) of this section.

(4) ORS 750.301 (Definitions for ORS 750.301 to 750.341) to 750.341 (Requirement for multiple employer welfare arrangement to become traditional insurer) do not apply to a multiple employer welfare arrangement that is fully insured within the meaning of section 514(b)(6) of the federal Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. 1144(b)(6). [1993 c.615 §3]

Note: See note under 750.301 (Definitions for ORS 750.301 to 750.341) .

Source: Section 750.303 — Conditions for use of multiple employer welfare arrangement; permitted coverage , https://www.­oregonlegislature.­gov/bills_laws/ors/ors750.­html (accessed May 26, 2025).
ORS § 748.401 — OR Code / Title 56 / Chapter 748 / Section 748.401
748.401 Value of benefit and amount of options
Status: in_force

(1) For certificates issued prior to January 1, 1989, the value of every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan or other option granted shall comply with the provisions of law applicable immediately prior to January 1, 1988.

(2) For certificates issued on or after January 1, 1989, for which reserves are computed on the Commissioner’s 1941 Standard Ordinary Mortality Table, the Commissioner’s 1941 Standard Industrial Table, the Commissioner’s 1958 Standard Ordinary Mortality Table, the Commissioner’s 1980 Standard Mortality Table or any more recent table made applicable to life insurers, every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan or other option granted may not be less than the corresponding amount ascertained in accordance with the laws of this state applicable to life insurers issuing policies containing like benefits based upon the tables. [1987 c.490 §21; 2005 c.22 §498]

Source: Section 748.401 — Value of benefit and amount of options , https://www.­oregonlegislature.­gov/bills_laws/ors/ors748.­html (accessed May 26, 2025).
ORS § 735.440 — OR Code / Title 56 / Chapter 735 / Section 735.440
735.440 Validity of contracts
Status: in_force

Insurance contracts procured under ORS 735.400 (Purposes of ORS 735.400 to 735.495) to 735.495 (Short title) shall be valid and enforceable as to all parties. [1987 c.774 §125]

Source: Section 735.440 — Validity of contracts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 732.562 — OR Code / Title 56 / Chapter 732 / Section 732.562
732.562 Consolidated registration
Status: in_force

The Director of the Department of Consumer and Business Services may require or allow two or more affiliated insurers subject to registration to file a consolidated registration statement. [Formerly 732.665]

Source: Section 732.562 — Consolidated registration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 732.095 — OR Code / Title 56 / Chapter 732 / Section 732.095
732.095 Articles of incorporation
Status: in_force

(1) To the extent not otherwise inconsistent with the Insurance Code, the articles of incorporation of a domestic insurer shall conform to ORS 60.047 (Articles of incorporation) and, in addition, shall contain the purpose or purposes for which the insurer is organized and the class or classes of insurance or reinsurance to be made. It shall be sufficient to state, either alone or with other purposes, that the purpose of the insurer is to make insurance and reinsurance of all classes for which an insurer may be authorized under the Insurance Code. By such statement, all such classes shall be within the purposes of the insurer, except for express limitations in the articles, if any.

(2) The articles or other basic document of a mutual or reciprocal insurer shall include the qualifications and rights of members or subscribers of the insurer. [1967 c.359 §155; 1987 c.846 §4]

Source: Section 732.095 — Articles of incorporation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 734.880 — OR Code / Title 56 / Chapter 734 / Section 734.880
734.880 Stay of proceeding involving insolvent insurer
Status: in_force

All proceedings in which an insolvent insurer is a party in any court in this state shall be stayed 180 days from the date an order of liquidation, rehabilitation or conservation is final to permit proper legal action by the Oregon Life and Health Insurance Guaranty Association on any matters germane to its powers or duties. As to judgment under any decision, order, verdict or finding based on default the association may apply to have such judgment set aside by the same court that made the judgment, and shall be permitted to defend against such suit on the merits. [1975 c.251 §19; 2011 c.142 §10]

Source: Section 734.880 — Stay of proceeding involving insolvent insurer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 742.390 — OR Code / Title 56 / Chapter 742 / Section 742.390
742.390 Reimbursement insurance policy
Status: in_force

(1) A reimbursement insurance policy insuring service contracts issued, sold or offered for sale in this state shall conspicuously state that, upon failure of the obligor to perform under the contract, the insurer that issued the policy shall pay on behalf of the obligor any sums the obligor is legally obligated to pay or shall provide the service that the obligor is legally obligated to perform according to the obligor’s contractual obligations under the service contracts issued by the obligor.

(2) For purposes of this section and ORS 742.392 (Termination of reimbursement insurance policy) :

(a) “Obligor” has the meaning given in ORS 646A.152 (Definitions for ORS 646A.150 to 646A.172) .

(b) A “reimbursement insurance policy” is a policy of insurance providing reimbursement coverage for all obligations and liabilities under the terms of the service contract issued by the obligor including claims against the obligor for return of the unearned purchase price of the service contract.

(c) “Service contract” has the meaning given in ORS 646A.154 (Service contract defined) . [1995 c.801 §7]

Note: 742.390 (Reimbursement insurance policy) and 742.392 (Termination of reimbursement insurance policy) were added to and made a part of the Insurance Code by legislative action but were not added to or made a part of ORS chapter 742 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 742.390 — Reimbursement insurance policy; contents; definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 735.520 — OR Code / Title 56 / Chapter 735 / Section 735.520
735.520 Oregon Essential Workforce Health Care Program
Status: in_force

(1) As used in this section:

(a) “Eligible employer” means an operator of a facility that:

(A) Is a participating provider in the state medical assistance program;

(B) Elects to participate in the Oregon Essential Workforce Health Care Program; and

(C) Meets other requirements prescribed by the Oregon Health Authority by rule.

(b) “Facility” includes:

(A) A long term care facility licensed under ORS 441.020 (Application) ;

(B) A residential facility as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455) ; and

(C) An in-home care agency licensed under ORS 443.315 (License required) .

(2) The Oregon Essential Workforce Health Care Program is established in the Oregon Health Authority. The authority, in coordination with the Department of Human Services, shall provide supplemental payments, as approved by the Centers for Medicare and Medicaid Services, to eligible employers to be used by the eligible employers to provide health care benefits to the employees of their facilities.

(3) To participate in the program, an eligible employer shall:

(a) Enter into a memorandum of understanding with the authority that specifies how the supplemental payments will be used;

(b) Agree to participate in evidence-based workforce and quality of care improvements; and

(c) Annually report quality and other metrics.

(4) The authority, in coordination with the department, may adopt rules to carry out the provisions of this section. [2021 c.595 §1]

Note: 735.520 (Oregon Essential Workforce Health Care Program) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 735 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 735.520 — Oregon Essential Workforce Health Care Program; supplemental payments to eligible employers; requirements for participation; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 734.130 — OR Code / Title 56 / Chapter 734 / Section 734.130
734.130 Commencement of delinquency proceeding
Status: in_force

(1) The Director of the Department of Consumer and Business Services shall commence a delinquency proceeding by an application to the court for an order directing the insurer to show cause why the director should not have the relief prayed for.

(2) The application shall be by petition, verified by the director, setting forth the ground or grounds for the proceeding and the relief demanded.

(3) If the court is satisfied from reading the director’s petition that the facts therein alleged, if established, would constitute grounds for a delinquency proceeding under this chapter, the court shall issue an order to the insurer to show cause.

(4) On the return of the order to show cause, and after a full hearing, the court shall either deny the application or grant the application, together with such other relief as the nature of the case and the interests of the policyholders, creditors, stockholders, members, subscribers or the public may require.

(5) After commencement of a delinquency proceeding by the director, orders of the court may thereafter be made for any of the purposes relevant upon application of any interested person. [1967 c.359 §267]

Source: Section 734.130 — Commencement of delinquency proceeding , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 741.342 — OR Code / Title 56 / Chapter 741 / Section 741.342
741.342 Small Business Health Options Program
Status: in_force

Health benefit plans offered through a Small Business Health Options Program, as defined in ORS 741.300 (Definitions) , are subject to ORS 743.004 (Submission of information by carriers offering health benefit plans) , 743.022 (Premium rates for individual health benefit plans) , 743.535 (Health benefit coverage for guaranteed association) and 743B.003 (Purposes) to 743B.127 (Rules for ORS 743.022, 743B.125 and 743B.126) and to other provisions of the Insurance Code applicable to small employer group health insurance. [2015 c.3 §36]

Note: 741.342 (Small Business Health Options Program) was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 741 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 741.342 — Small Business Health Options Program , https://www.­oregonlegislature.­gov/bills_laws/ors/ors741.­html (accessed May 26, 2025).
ORS § 743a.101 — OR Code / Title 56 / Chapter 743a / Section 743a.101
743A.101 Supplemental or diagnostic breast examinations
Status: in_force

(1) As used in this section:

(a) “Diagnostic breast examination” means an examination used to evaluate an abnormality of the breast that is detected or suspected from a screening examination for breast cancer or by any other means of examination using:

(A) Diagnostic mammography;

(B) Breast magnetic resonance imaging; or

(C) Breast ultrasound.

(b) “Supplemental breast examination” means an examination of the breast, such as breast magnetic resonance imaging or breast ultrasound, that is:

(A) Used to screen for breast cancer when there is no abnormality seen or suspected; and

(B) Based on personal or family medical history or other factors that increase an individual’s risk of breast cancer.

(2) Except as provided in ORS 742.008 (Health savings account exemption from prohibition on deductible) , a carrier offering a group health benefit plan or an individual health benefit plan in this state that reimburses the cost of supplemental or diagnostic breast examinations may not impose on the coverage of a medically necessary supplemental or diagnostic breast examination:

(a) A deductible;

(b) Coinsurance;

(c) A copayment; or

(d) Other out-of-pocket expenses. [2023 c.468 §2]

Note: See 743A.001 (Automatic repeal of certain statutes on individual and group health insurance) .

Note: 743A.101 (Supplemental or diagnostic breast examinations) was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 743A or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 743A.101 — Supplemental or diagnostic breast examinations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743A.­html (accessed May 26, 2025).
ORS § 731.608 — OR Code / Title 56 / Chapter 731 / Section 731.608
731.608 Purpose of deposit
Status: in_force

(1) Except as provided in subsection (2) of this section, deposits made in this state under ORS 731.624 (Special deposits) shall be held for the faithful performance by the insurer of all insurance obligations, including claims for unearned premiums, with respect to domestic risks pertaining to the particular class of insurance for which the deposit was made. However, there shall be excluded from each such obligation the same amount as is excluded in determining the obligation of the Oregon Insurance Guaranty Association under ORS 734.510 (Definitions for ORS 734.510 to 734.710) to 734.710 (Administration of delinquency proceeding claims and expenses) .

(2) If at any time a deposit made under ORS 731.624 (Special deposits) by a particular insurer is insufficient to perform the insurance obligations upon the faithful performance of which the deposit was conditioned, then any other deposit made under ORS 731.624 (Special deposits) by that insurer shall be so used to the extent that such other deposit is not used to perform the insurance obligations upon the faithful performance of which such other deposit was conditioned.

(3) Deposits made by insurers and reinsurers in this state under ORS 731.628 (Deposit required of workers’ compensation insurers) shall be held for the payment of compensation benefits to workers employed by insured employers other than those insured with the State Accident Insurance Fund Corporation to whom the insurer has issued a workers’ compensation insurance policy under ORS chapter 656. Deposits made by insurers and reinsurers under ORS 731.628 (Deposit required of workers’ compensation insurers) also shall be held to reimburse the Department of Consumer and Business Services, subject to approval by the Director of the Department of Consumer and Business Services, for costs incurred by the department in processing workers’ compensation claims of insurers which have been placed in liquidation, receivership, rehabilitation or other such status for the orderly conservation or distribution of assets, pursuant to the laws of this state or any other state.

(4) A deposit made in this state by a domestic insurer transacting insurance in another jurisdiction, and as required by the laws of such jurisdiction, shall be held for the purpose or purposes required by such laws.

(5) Deposits of foreign and alien insurers required pursuant to ORS 731.854 (Retaliatory tax) shall be held for such purposes as are required by such law, and as specified by the director’s order by which the deposit is required.

(6) Deposits of domestic reciprocal insurers required pursuant to ORS 731.632 (Deposit required of domestic reciprocal insurers) shall be held for the benefit of subscribers wherever located. [1967 c.359 §113; 1971 c.231 §12; 1977 c.793 §6; 1981 c.854 §57; 1987 c.236 §1; 1989 c.700 §2; 2007 c.241 §26]

Source: Section 731.608 — Purpose of deposit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 748.204 — OR Code / Title 56 / Chapter 748 / Section 748.204
748.204 Beneficiaries
Status: in_force

(1) The owner of a benefit contract shall have the right at all times to change the beneficiary or beneficiaries in accordance with the laws or rules of the society unless the owner waives this right by specifically requesting in writing that the beneficiary designation be irrevocable. A society may, through its laws or rules, limit the scope of beneficiary designations and shall provide that no revocable beneficiary shall have or obtain any vested interest in the proceeds of any certificate until the certificate has become due and payable in conformity with the provisions of the benefit contract.

(2) A society may make provision for the payment of funeral benefits to the extent of the portion of any payment under a certificate as might reasonably appear to be due to any person equitably entitled thereto by reason of having incurred expense occasioned by the burial of the member, provided the portion paid shall not exceed $1,000.

(3) If, at the death of any person insured under a benefit contract, there is no lawful beneficiary to whom the proceeds shall be payable, the amount of the benefit, except to the extent that funeral benefits may be paid as provided in this chapter, shall be payable to the personal representative of the deceased insured, provided that if the owner of the certificate is other than the insured the proceeds shall be payable to that owner. [1987 c.490 §18]

Source: Section 748.204 — Beneficiaries , https://www.­oregonlegislature.­gov/bills_laws/ors/ors748.­html (accessed May 26, 2025).
ORS § 744.523 — OR Code / Title 56 / Chapter 744 / Section 744.523
744.523 Conditions for licensing, renewing license for or amending license of business entity
Status: in_force

(1) The Director of the Department of Consumer and Business Services may issue, renew or amend a business entity’s license to engage in business as an adjuster under ORS 744.521 (Powers of director to issue, renew, amend, suspend and reinstate licenses) only if the director finds that, for each category of insurance business or class of insurance in which the business entity engages or intends to engage, the business entity employs and acts through an individual who has obtained a license under ORS 744.521 (Powers of director to issue, renew, amend, suspend and reinstate licenses) that authorizes the individual to engage in the same category of insurance business or class of insurance.

(2) An individual licensee that a business entity employs or engages by means of a contract may engage in business as an adjuster only to the extent permitted under the individual licensee’s license. [2019 c.151 §7]

Source: Section 744.523 — Conditions for licensing, renewing license for or amending license of business entity , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 743a.088 — OR Code / Title 56 / Chapter 743a / Section 743a.088
743A.088 Use by mother of diethylstilbestrol
Status: in_force

No policy of health insurance may be denied or canceled by the insurer solely because the mother of the insured used drugs containing diethylstilbestrol prior to the insured’s birth. [Formerly 743.710]

Source: Section 743A.088 — Use by mother of diethylstilbestrol , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743A.­html (accessed May 26, 2025).
ORS § 732.608 — OR Code / Title 56 / Chapter 732 / Section 732.608
732.608 Waiver of requirements of ORS 732.606
Status: in_force

The Director of the Department of Consumer and Business Services may waive the requirements of ORS 732.606 (Plan for conversion or reorganization) if:

(1) The director determines that a domestic mutual insurer is in hazardous financial condition according to standards established under ORS 731.385 (Standards for determining whether continued operation of insurer is hazardous) or if a rehabilitation or liquidation proceeding or an administrative supervision proceeding has been instituted against the insurer; and

(2) The director determines that the transfer of the policies is in the best interests of the policyholders. [1997 c.771 §16]

Source: Section 732.608 — Waiver of requirements of ORS 732.606 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 732.531 — OR Code / Title 56 / Chapter 732 / Section 732.531
732.531 Acquisition of assets or insurance of mutual or reciprocal insurers
Status: in_force

(1) If a statement filed under ORS 732.523 (Procedure for acquiring controlling interest of capital stock) will result in the acquisition by a stock insurer of all or a significant portion of the assets of a domestic mutual insurer or domestic reciprocal insurer, or reinsurance in a stock insurer of all or a significant portion of the insurance in force of a domestic mutual insurer or domestic reciprocal insurer, the plan must provide for consideration to each eligible member of the domestic mutual insurer or each eligible subscriber of the domestic reciprocal insurer as provided in this section.

(2) A member of a domestic mutual insurer or a subscriber of a domestic reciprocal insurer shall be an eligible member or eligible subscriber if the policy of the member or subscriber is in force as of the record date, which is the date that the board of directors of the domestic mutual insurer or the domestic reciprocal insurer approves the proposed activity or some other date specified as the record date in the statement and approved by the Director of the Department of Consumer and Business Services.

(3) Any consideration to be received by the eligible members or eligible subscribers shall be described in the statement. The consideration shall be allocated among the eligible members or eligible subscribers in the manner described in ORS 732.612 (Consideration for membership interest in converting or reorganizing mutual insurer) (6) if the domestic mutual insurer or domestic reciprocal insurer transacts primarily life or health insurance, or both. The consideration shall be allocated among the eligible members or eligible subscribers in the manner described in ORS 732.612 (Consideration for membership interest in converting or reorganizing mutual insurer) (7) if the domestic mutual insurer or domestic reciprocal insurer transacts primarily property or casualty insurance, or both. The allocation of the consideration among the eligible members or eligible subscribers shall be approved by the director.

(4) If the proposed activity described in the statement is primarily a plan to convert the domestic mutual insurer or domestic reciprocal insurer to a stock insurer, the director may require that the proposed activity be governed by ORS 732.600 (Definitions for ORS 732.600 to 732.630) to 732.630 (Dissenters’ rights) . [Formerly 732.550; 1997 c.771 §20]

Source: Section 732.531 — Acquisition of assets or insurance of mutual or reciprocal insurers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 731.240 — OR Code / Title 56 / Chapter 731 / Section 731.240
731.240 Hearings in general
Status: in_force

(1) The Director of the Department of Consumer and Business Services shall hold a hearing upon written demand for a hearing by a person aggrieved by any act, threatened act or failure of the director to act. The demand must state the grounds therefor.

(2) To the extent applicable and not inconsistent with subsection (1) of this section, the provisions of ORS chapter 183 shall govern the hearing procedure and any judicial review thereof. [1967 c.359 §53; 1991 c.401 §1]

Source: Section 731.240 — Hearings in general , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 743a.066 — OR Code / Title 56 / Chapter 743a / Section 743a.066
743A.066 Contraceptives
Status: in_force

(1) A prescription drug benefit program, or a prescription drug benefit offered under a health benefit plan as defined in ORS 743B.005 (Definitions) or under a student health insurance policy, must provide payment, coverage or reimbursement for:

(a) Prescription contraceptives; and

(b) If covered for other drug benefits under the program, plan or policy, outpatient consultations, including pharmacist consultations, examinations, procedures and medical services that are necessary to prescribe, dispense, deliver, distribute, administer or remove a prescription contraceptive.

(2) The coverage required by subsection (1) of this section:

(a) May be subject to provisions of the program, plan or policy that apply equally to other prescription drugs covered by the program, plan or policy, including but not limited to required copayments, deductibles and coinsurance; and

(b) Must reimburse a health care provider or dispensing entity for a dispensing of contraceptives intended to last for a:

(A) Three-month period for the first dispensing of the contraceptive to an insured; and

(B) Twelve-month period for subsequent dispensings of the same contraceptive to the insured regardless of whether the insured was enrolled in the program, plan or policy at the time of the first dispensing.

(3) As used in this section, “prescription contraceptive” means a drug or device that requires a prescription and is approved by the United States Food and Drug Administration to prevent pregnancy.

(4) A religious employer is exempt from the requirements of this section with respect to a prescription drug benefit program or a health benefit plan it provides to its employees. A “religious employer” is an employer:

(a) Whose purpose is the inculcation of religious values;

(b) That primarily employs persons who share the religious tenets of the employer;

(c) That primarily serves persons who share the religious tenets of the employer; and

(d) That is a nonprofit organization under section 6033(a)(3)(A)(i) or (iii) of the Internal Revenue Code.

(5) This section is exempt from the provisions of ORS 743A.001 (Automatic repeal of certain statutes on individual and group health insurance) . [2007 c.182 §3; 2015 c.412 §1; 2017 c.289 §4]

Note: 743A.066 (Contraceptives) was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 743A or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 743A.066 — Contraceptives , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743A.­html (accessed May 26, 2025).
ORS § 732.536 — OR Code / Title 56 / Chapter 732 / Section 732.536
732.536 Compliance with foreign or alien laws
Status: in_force

(1) The action taken by any foreign or alien insurer or other party to the proposed activity described in ORS 732.521 (Activities that are prohibited unless specified procedures followed) (1) must be authorized by the laws of the state, country or province under which it is incorporated or organized, and each foreign or alien insurer or other party must satisfy and comply with any applicable laws thereof and with the provisions of its articles of incorporation and bylaws.

(2) If a foreign or alien insurer or other party to the proposed activity is to be the acquiring, surviving, resulting or continuing insurer, it must qualify for and receive a certificate of authority to transact insurance in this state. [Formerly 732.560]

Source: Section 732.536 — Compliance with foreign or alien laws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 742.540 — OR Code / Title 56 / Chapter 742 / Section 742.540
742.540 Rules
Status: in_force

The Director of the Department of Consumer and Business Services shall have authority to issue such rules as are reasonably necessary to carry out the purposes of ORS 742.518 (Definitions for ORS 742.518 to 742.542) to 742.542 (Effect of personal injury protection benefits paid) . [Formerly 743.833]

Source: Section 742.540 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 731.554 — OR Code / Title 56 / Chapter 731 / Section 731.554
731.554 Capital and surplus requirements
Status: in_force

(1) Except as provided in subsections (2) to (6) of this section and ORS 731.562 (Title insurer capital and surplus requirements) and 731.566 (Reciprocal insurer surplus requirements) , to qualify for authority to transact insurance in this state an insurer shall possess and thereafter maintain capital or surplus, or any combination thereof, of not less than $2.5 million.

(2) An insurer transacting any workers’ compensation insurance business shall possess and thereafter maintain capital or surplus, or any combination thereof, of not less than $5 million.

(3) An insurer transacting mortgage insurance shall possess and thereafter maintain capital or surplus, or any combination thereof, of not less than $4 million.

(4) A home protection insurer shall possess and thereafter maintain capital or surplus, or any combination thereof, of not less than 10 percent of the aggregate of premiums charged on its policies currently in force, but the required amount shall not be less than $250,000 or more than $1 million.

(5) A domestic insurer applying for its original certificate of authority in this state shall possess, when first so authorized, additional capital or surplus, or any combination thereof, of not less than $500,000. However, the additional amount in the case of a home protection insurer shall be not less than $10,000.

(6) For the protection of the public, the Director of the Department of Consumer and Business Services may require an insurer to possess and maintain capital or surplus, or any combination thereof, in excess of the amount otherwise required under this section, ORS 731.562 (Title insurer capital and surplus requirements) or 731.566 (Reciprocal insurer surplus requirements) , owing to the type, volume and nature of insurance business transacted by the insurer, if the director determines that the greater amount is necessary for maintaining the insurer’s solvency according to standards established by rule. In developing such standards, the director shall consider model standards adopted by the National Association of Insurance Commissioners. For the purpose of determining the reasonableness and adequacy of an insurer’s capital and surplus, the director must consider at least the following factors, as applicable:

(a) The size of the insurer, as measured by its assets, capital and surplus, reserves, premium writings, insurance in force and other appropriate criteria.

(b) The extent to which the business of the insurer is diversified among the several lines of insurance.

(c) The number and size of risks insured in each line of business.

(d) The extent of the geographical dispersion of the insured risks of the insurer.

(e) The nature and extent of the reinsurance program of the insurer.

(f) The quality, diversification and liquidity of the investment portfolio of the insurer.

(g) The recent past and projected future trend in the size of the investment portfolio of the insurer.

(h) The combined capital and surplus maintained by other comparable insurers.

(i) The adequacy of the reserves of the insurer.

(j) The quality and liquidity of investments in affiliates. The director may treat any such investment as a disallowed asset for purposes of determining the adequacy of combined capital and surplus whenever in the judgment of the director the investment so warrants.

(k) The quality of the earnings of the insurer and the extent to which the reported earnings include extraordinary items. [1967 c.359 §106; 1969 c.335 §1; 1969 c.692 §6; 1981 c.247 §5; 1987 c.483 §1; 1993 c.447 §9; 2001 c.318 §1]

Source: Section 731.554 — Capital and surplus requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 743.262 — OR Code / Title 56 / Chapter 743 / Section 743.262
743.262 Obligations of producers and insurers in sale or recommendation of annuity
Status: in_force

(1) As used in this section:

(a) Intentionally left blank —Ed.

(A) “Annuity” means:

(i) An agreement to make periodic payments, whether fixed or variable, in an amount:

(I) That is individually solicited, whether the agreement is classified as an individual annuity or a group annuity; and

(II) In which the obligation to make all or some of the periodic payments, or the amount of any periodic payment, depends upon the continuance of human life; and

(ii) Any additional benefits that safeguard the agreement from lapse or that provide a special surrender value or special benefit or annuity if the annuitant becomes totally and permanently disabled.

(B) “Annuity” does not include:

(i) A charitable remainder annuity trust or a charitable remainder unitrust as defined in section 664(d) of the Internal Revenue Code; or

(ii) Payments made in accordance with settlement provisions of a life insurance policy.

(b) “Cash compensation” means a discount, concession, fee, service fee, commission, sales charge, loan, override or cash benefit that a producer receives from an insurer, from an intermediary or directly from a purchaser as compensation for the producer’s recommendation or sale of an annuity.

(c) “Comparable to the requirements of this section” means:

(A) For broker-dealers and registered representatives of broker-dealers, regulations that the United States Securities and Exchange Commission and the Financial Industry Regulatory Authority promulgate as best interest obligations and use to supervise annuity recommendations and sales, including but not limited to Regulation Best Interest, 17 C.F.R. 240.15l-1, as in effect on January 1, 2024.

(B) For investment advisers registered under federal or state securities laws, and for investment adviser representatives, the fiduciary duties and all other requirements to which investment advisers and investment adviser representatives are subject under ORS chapter 59 and the Investment Advisers Act of 1940, 15 U.S.C. 80b-1 to 80b-21, including but not limited to Form ADV, 17 C.F.R. parts 275 and 279, and related interpretations.

(C) For fiduciaries and plan fiduciaries, the duties, obligations, prohibitions and other requirements to which fiduciaries and plan fiduciaries are subject under the Internal Revenue Code and the Employee Retirement Income Security Act, 29 U.S.C. 1001 et seq., both as in effect on January 1, 2024.

(d) “Consumer profile information” means information that is reasonably appropriate to determine whether a recommendation or sale of an annuity addresses a consumer’s financial situation, insurance needs and financial objectives, including at a minimum:

(A) Age;

(B) Annual income;

(C) Financial situation and needs, including debts and other obligations;

(D) Financial experience;

(E) Insurance needs;

(F) Financial objectives;

(G) Intended use for an annuity;

(H) Financial time horizon;

(I) Existing assets, including investment, annuity and other insurance holdings;

(J) Liquidity needs;

(K) Liquid net worth;

(L) Risk tolerance, including but not limited to the consumer’s willingness to accept non-guaranteed elements in the annuity;

(M) Financial resources for funding an annuity; and

(N) Tax status.

(e) “Financial professional” means a producer that is regulated and is acting as:

(A) A broker-dealer that is registered under federal or state securities laws, or a registered representative of a broker-dealer;

(B) An investment adviser registered under federal or state securities laws or an investment adviser representative affiliated with the registered investment adviser; or

(C) A fiduciary, as described in 29 U.S.C. 1002(21) or as defined in 26 U.S.C. 4975(e)(3), both as in effect on January 1, 2024.

(f) “Intermediary” means a person that for compensation contracts directly with an insurer, or with another person that contracts with the insurer, for the purpose of facilitating a producer’s sale of the insurer’s annuities.

(g) Intentionally left blank —Ed.

(A) “Material conflict of interest” means a producer’s financial interest in the sale of an annuity that a reasonable person would expect to influence the impartiality of the producer’s recommendation of an annuity.

(B) “Material conflict of interest” does not include cash compensation or non-cash compensation.

(h) “Non-cash compensation” means a form of compensation that is not cash compensation, such as health insurance, office rent, office support or retirement benefits.

(i) “Non-guaranteed elements” means a provision in an annuity contract that an insurer may determine at the insurer’s discretion and that the insurer does not guarantee, such as:

(A) A premium, credited interest rate or bonus, benefit, value, dividend, credit that is not based on interest or other charge;

(B) A formula that an insurer uses to calculate an item described in subparagraph (A) of this paragraph; or

(C) Any provision in the annuity contract the calculation of which depends on another provision that is not guaranteed.

(j) “Producer” means a person that is licensed under ORS 744.052 (Definitions for ORS 744.052 to 744.089) to 744.089 (Report of administrative action taken against insurance producer) or an insurer, if the insurer solicits, negotiates or sells an annuity without involving a producer.

(k) Intentionally left blank —Ed.

(A) “Recommendation” means a producer’s advice to a consumer that the producer intends as an inducement to sell, exchange or replace an annuity or that results in a sale, exchange or replacement of an annuity in accordance with the producer’s advice.

(B) “Recommendation” does not include a general communication to the public, generalized customer service, administrative support, general educational information and tools, prospectuses or other product material or sales material.

(L) “Replacement” means a purchase of a new annuity that an insurer or producer knows or should know will cause an existing annuity or other insurance policy to:

(A) Lapse, become forfeit, be surrendered or partially surrendered, become assigned or partially assigned to the replacing insurer or otherwise terminate;

(B) Convert to paid-up insurance, continue as extended term insurance or otherwise reduce in value using nonforfeiture benefits or other policy values;

(C) Reduce through amendment the annuity’s or other insurance policy’s benefits or the term during which coverage remains effective or in which an insurer pays benefits;

(D) Be reissued with a reduction in cash value; or

(E) Be used in a financed purchase.

(2) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, this section applies to any sale or recommendation of an annuity.

(b) This section does not apply to a transaction that involves:

(A) A direct-response solicitation, if a producer does not make a recommendation based on consumer profile information; or

(B) A contract that funds:

(i) An employee pension or welfare benefit plan that is covered under the Employee Retirement and Income Security Act, 29 U.S.C. 1001 et seq., as in effect on January 1, 2024;

(ii) A plan that an employer establishes or maintains in accordance with sections 401(a), 401(k), 403(b) or 408(k) or (p) of the Internal Revenue Code;

(iii) A governmental plan or church plan, as defined in section 414(d) and (e) of the Internal Revenue Code;

(iv) A deferred compensation plan that a state or local government or tax exempt organization establishes or maintains in accordance with section 457 of the Internal Revenue Code;

(v) A nonqualified deferred compensation arrangement that an employer or sponsor establishes or maintains;

(vi) A settlement or assumption of liability associated with personal injury litigation or a dispute or claim resolution process; or

(vii) A formal prepaid funeral contract.

(3) Intentionally left blank —Ed.

(a) A producer, in making a recommendation of an annuity, shall act in the consumer’s best interest, under the circumstances the producer knows at the time the producer makes the recommendation, without placing the producer’s or insurer’s financial interests ahead of the consumer’s interests.

(b) A producer satisfies the producer’s best interest obligations if the producer satisfies the care obligation set forth in subsection (4) of this section, the disclosure obligation set forth in subsection (5) of this section, the conflict of interest obligation set forth in subsection (6) of this section and the documentation obligation set forth in subsection (7) of this section.

(4) Intentionally left blank —Ed.

(a) A producer satisfies the care obligation if the producer, in making a recommendation, exercises reasonable skill, diligence and care to:

(A) Know the consumer’s financial situation, insurance needs and financial objectives;

(B) Understand the options the producer may recommend to the consumer after making a reasonable inquiry into available options;

(C) Have a reasonable basis for believing that:

(i) The producer’s recommended option effectively addresses the consumer’s financial situation, insurance needs and financial objectives when considered in light of consumer profile information; and

(ii) The consumer will benefit from certain features of the annuity, such as annuitization, death or living benefits or other insurance-related features; and

(D) Communicate to the consumer the basis for the producer’s recommendation.

(b) A producer, in satisfying the care obligation, shall:

(A) Make reasonable efforts to obtain consumer profile information before making a recommendation;

(B) Consider products that the producer may sell in accordance with the producer’s license if the products address the consumer’s financial situation, insurance needs and financial objectives, except that the consideration does not require the producer to analyze or consider products that are outside the scope of the producer’s license, to analyze or consider other products or strategies that are available in the insurance market at the time the producer makes the recommendation, or to meet any other obligation that a producer with a similar license does not have to meet;

(C) Make a recommendation to address a consumer’s financial situation, insurance needs and financial objectives on the basis of consumer profile information, the characteristics of the insurer and product costs, rates, benefits and features, and vary the importance of consumer profile information, the characteristics of the insurer and product costs, rates, benefits and features to account for the facts and circumstances of a particular case, except that the producer may not consider in isolation any factor set forth in this subparagraph; and

(D) Consider the whole transaction if the transaction will exchange or replace an existing annuity, which requires that the producer consider whether:

(i) The consumer will incur a surrender charge, be required to begin a new surrender period, lose existing death, living or other contractual benefits or incur increased fees, investment advisory fees or charges for riders or similar product enhancements;

(ii) The replacement product will substantially benefit the consumer over the life of the replacement product, in comparison to the existing annuity; and

(iii) The prospective producer had a previous annuity exchange or replacement, particularly within the preceding 60 months.

(c) The care obligation set forth in paragraph (a) of this subsection:

(A) Applies to a particular annuity as a whole, to the underlying subaccounts to which funds are allocated at the time the annuity is purchased or exchanged and to any riders or similar product enhancements; and

(B) Does not:

(i) Create a fiduciary obligation for the producer or a fiduciary relationship between the producer and a consumer;

(ii) Require a producer to necessarily recommend an annuity with the lowest one-time or multiple occurrence compensation structure;

(iii) Require a producer to obtain any license other than a producer license with appropriate authority to solicit, negotiate or sell insurance in this state and does not require the producer to have or obtain a license to sell securities in this state if the producer does not give advice or provide services that are subject to federal or state securities laws or does not engage in any other activity that requires another professional license; or

(iv) Require of a producer an ongoing obligation to monitor compliance with the requirements set forth in paragraph (a) of this subsection, unless a separate fiduciary, consulting, investment advising or financial planning agreement with the consumer provides otherwise.

(5) Intentionally left blank —Ed.

(a) Before making a recommendation of or selling an annuity to a consumer, a producer shall prominently disclose on a separate form and in a manner substantially similar to the manner the Director of the Department of Consumer and Business Services specifies by rule:

(A) The producer’s role in the transaction and the producer’s relationship with the consumer;

(B) Whether the producer has a license and authority to sell fixed annuities, fixed indexed annuities, variable annuities, life insurance, mutual funds, stocks, bonds or certificates of deposit;

(C) Whether the producer may recommend or sell insurance products under contract or otherwise from one insurer, from two or more insurers or from two or more insurers while remaining under a primary contract with one insurer;

(D) The sources and types of the cash compensation and non-cash compensation the producer will receive for making a recommendation of or selling an annuity, including whether the compensation is a commission that is part of a premium or other remuneration the producer receives from the insurer, an intermediary or another producer or whether the compensation is a fee that results from a contract for advice or consulting services;

(E) The consumer’s right to request additional information about the cash compensation the producer disclosed under subparagraph (D) of this paragraph; and

(F) A reasonable estimate, at the request of the consumer or a designated representative of the consumer, of the cash compensation that the producer will receive from recommending or selling the annuity, whether the producer will receive the cash compensation once or on more than one occasion and, if the compensation occurs on more than one occasion, the amount of each payment, all of which the producer may disclose as a range or a percentage.

(b) Before making a recommendation or completing a sale of an annuity to a customer, a producer must have a reasonable basis for believing that the consumer was informed of the annuity’s features, such as the potential tax penalties that could result from the consumer’s sale, exchange, surrender or annuitization of the annuity, the potential surrender period and surrender charges, any annual fees, mortality and expense fees, investment advisory fees, features of and potential charges for riders or other options, limitations on interest returns, potential charges for non-guaranteed elements of the annuity, the annuity’s insurance and investment components and market risk.

(6) A producer shall identify and avoid, or reasonably manage and disclose, any material conflict of interest, including a material conflict of interest that is related to an ownership interest.

(7) A producer, at the time the producer recommends or sells an annuity to a consumer, shall:

(a) Record in writing the substance of and basis for the producer’s recommendation; and

(b) Obtain from the consumer in the following circumstances a signed statement on separate forms and in a manner substantially similar to the forms and manner the director prescribes by rule:

(A) If a consumer refuses to provide consumer profile information, the consumer’s statement must acknowledge that the consumer refused to provide consumer profile information and that the consumer understands the ramifications of not providing consumer profile information or providing incomplete consumer profile information.

(B) If a consumer enters into an annuity transaction that is not based on a producer’s recommendation, the consumer’s statement must acknowledge that the annuity transaction is not recommended.

(8) The best interest obligation set forth in subsection (3) of this section applies to any producer who exercises material control or influence over a recommendation or sale of an annuity and who receives direct compensation as a result of the recommendation or sale, even if the producer did not have direct contact with the consumer. Providing or delivering marketing or educational materials, product wholesaling or back office support for, or general supervision of, a producer does not, alone, constitute material control or influence.

(9) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, a producer does not have an obligation under subsection (3) of this section to a consumer if:

(A) The producer does not make a recommendation of an annuity;

(B) The producer made a recommendation based on materially inaccurate information from the consumer;

(C) The consumer refused to provide consumer profile information and the producer did not recommend the annuity that was the subject of the consumer’s transaction; or

(D) The consumer enters into a transaction for an annuity that the producer did not recommend.

(b) An insurer’s issuance of an annuity must be reasonable under all of the circumstances of which the insurer has actual knowledge at the time the insurer issues the annuity.

(10) Intentionally left blank —Ed.

(a) Except as provided in subsection (9) of this section, an insurer may not issue an annuity on the basis of a recommendation to a consumer unless, after considering the consumer profile information, the insurer has a reasonable basis for believing that the annuity would effectively address the consumer’s financial situation, insurance needs and financial objectives.

(b) An insurer shall establish and maintain a supervision system that is reasonably designed to ensure that the insurer and the insurer’s producers comply with this section. The system, at a minimum, must:

(A) Have reasonable procedures for educating producers about the requirements of this section and incorporate the education into relevant training materials for producers;

(B) Have standards for training producers on the insurer’s products that require the producers to comply with the requirements of subsection (13) of this section;

(C) Provide product-specific training and training materials that explain all material features of the insurer’s annuity products to producers;

(D) Establish procedures for reviewing each of a producer’s recommendations before the insurer issues an annuity to ensure that a reasonable basis exists for determining that the annuity would effectively address each consumer’s financial situation, insurance needs and financial objectives, which review may consist of screening recommendations, electronically or otherwise, identifying recommendations that require further review and reviewing only the recommendations that meet the criteria for additional review;

(E) Have a method for detecting recommendations that do not comply with the provisions of this section, which may include confirming consumer profile information, conducting systematic customer surveys and interviews, issuing confirmation letters to purchasers, taking statements or attestations from producers and otherwise conducting internal monitoring, and may consist of taking appropriate samples or confirming consumer profile information after issuing and delivering an annuity;

(F) Assess before or at the time the insurer issues or delivers an annuity whether a producer has provided the information the producer must provide to a consumer under this section;

(G) Have reasonable procedures for identifying and addressing suspicious refusals to provide consumer profile information;

(H) Have reasonable procedures for identifying and eliminating any sales contests, sales quotas, bonuses and non-cash compensation that are based on sales of specific annuities within a limited period of time, except that the procedures need not prohibit non-cash compensation that consists of health insurance, office rent, office support, retirement benefits or other employee benefits if the benefits are not based on the sales volume of a specific annuity within a limited period of time; and

(I) Require annual written reports to the insurer’s senior management, including the senior manager with responsibility for auditing functions, that details the insurer’s process of reviewing and testing the effectiveness of the system and taking or recommending corrective action to address flaws.

(c) An insurer may contract with another person to perform a function required under this subsection, but the insurer remains responsible for taking appropriate corrective action and is liable under subsection (17) of this section for any sanctions and penalties for failing to comply with the requirements of this section even if the insurer contracted with another person to meet the requirement and even if the insurer complies with the requirements of paragraph (d) of this subsection.

(d) If an insurer contracts with another person under this subsection, the insurer must supervise the contractor’s performance by:

(A) Monitoring the performance and conducting audits if appropriate; and

(B) Obtaining each year from a senior manager with responsibility for the function the contractor performs a certification that the manager has a reasonable basis for believing and does believe that the function is being performed properly.

(e) An insurer need not include in a system described in paragraph (b) of this subsection:

(A) A producer’s recommendation to consumers of a product that the insurer does not offer; or

(B) A consideration of or comparison to options available to a producer other than annuities the insurer offers or a consideration of or comparison to compensation available to the producer through options other than annuities the insurer offers.

(11) An insurer or a producer may not dissuade or attempt to dissuade a person from truthfully responding to an insurer’s request to confirm consumer profile information, from filing a complaint or from cooperating with an investigation of a complaint.

(12) Intentionally left blank —Ed.

(a) An insurer or financial professional that makes a recommendation of or sells an annuity in compliance with standards, business rules, controls and procedures that are comparable to the requirements of this section complies with the requirements of this section if the insurer exercises the supervision described in paragraph (b) of this subsection, even if the standard, business rule, control or procedure does not apply directly to the recommendation or the annuity.

(b) For supervision of a financial professional under standards, business rules, controls and procedures that are comparable to the requirements of this section to qualify as complying with the requirements of this section, the insurer shall:

(A) Use information the insurer collects in the normal course of the insurer’s business to monitor the financial professional’s relevant conduct or to monitor any person that is responsible for supervising the financial professional’s conduct, such as the financial professional’s broker-dealer or an investment adviser registered under federal or state securities laws; and

(B) Provide to a person that is responsible for supervising the financial professional’s conduct as described in subparagraph (A) of this paragraph reports and information that are reasonably appropriate for assisting the person to properly supervise the financial professional.

(c) This subsection does not affect an insurer’s obligation to comply with subsection (10)(a) of this section, except that the insurer may base an analysis of whether an annuity would effectively address a consumer’s financial situation, insurance needs and financial objectives on information the insurer receives from a financial professional or a person that supervises the conduct of the financial professional.

(d) This subsection does not affect the director’s powers to investigate and enforce the provisions of this section.

(13) Intentionally left blank —Ed.

(a) A producer may not solicit the sale of an annuity unless the producer has knowledge that is adequate to make a recommendation of the annuity and has complied with the insurer’s standards for product training. A producer may rely for compliance with this subsection on product-specific training standards and materials the insurer provides.

(b) A producer that makes a recommendation of or sells an annuity shall complete, at a minimum, a four-hour training course with a continuing education provider that has registered with the Department of Consumer and Business Services.

(c) A producer with authority to transact life insurance in this state who intends to make recommendations of or sell annuities shall complete the course described in paragraph (b) of this subsection within 180 days following January 1, 2024. A producer that obtains authority to transact life insurance in this state after January 1, 2024 may not make a recommendation of or sell an annuity until after completing the course.

(d) A producer that has completed a course described in paragraph (b) of this subsection before January 1, 2024 shall within 180 days after January 1, 2024 complete either:

(A) A new training course that complies with rules the director adopts under this section; or

(B) A supplemental one-hour training course on appropriate standards of conduct, sales practices, disclosure requirements and what to be aware of when replacing an existing annuity.

(e) A producer may complete a training course described in paragraph (b) of this subsection in a classroom or by self-study in accordance with rules the director adopts under this section.

(f) A producer that completes in another state a training course or components of a training course that is substantially similar to the requirements specified in this subsection complies with the applicable requirements of this subsection.

(14) Intentionally left blank —Ed.

(a) A training course described in subsection (13)(b) of this section must be of sufficient length to qualify for four continuing education credits, but may be longer, and must cover:

(A) Types and classifications of annuities;

(B) How to identify parties to an annuity;

(C) How contract provisions for specific annuities affect purchasers;

(D) Income taxation of qualified and nonqualified annuities;

(E) Primary uses for annuities; and

(F) Appropriate standards of conduct, sales practices, disclosure requirements and what to be aware of when replacing an existing annuity.

(b) A person that provides a training course described in subsection (13)(b) of this section:

(A) Shall register with the department as a continuing education provider and comply with rules the director adopts for continuing education providers;

(B) Shall cover in a training course the person intends as compliant with the requirements of this subsection all of the topics described in paragraph (a) of this subsection;

(C) May cover in a training course topics in addition to the topics described in paragraph (a) of this subsection;

(D) Shall comply with reporting requirements and issue certificates of completion in accordance with rules the director adopts under this section; and

(E) May not present during a training course described in paragraph (a) of this subsection marketing information or training that concerns sales techniques or that is specific to a particular insurer’s products.

(15) An insurer shall verify that a producer has completed a training course described in subsection (13)(b) of this section before permitting the producer to make a recommendation of or sell the insurer’s annuities. For the verification, the insurer shall obtain from the producer a certificate of completion for the course or consult other reliable sources that document the producer’s completion of the course.

(16) An insurer and any producer, contractor, general agent or independent agent affiliated with the insurer shall maintain, for not less than three years after the date of any recommendation or sale of an annuity, and shall make available to the director upon demand, records of all information collected from and disclosures, including oral disclosures, made to a consumer or purchaser, and any other information that was used in or formed the basis for a recommendation of an annuity. An insurer may, but is not required to, maintain records on a producer’s behalf. An insurer may maintain a record under this subsection on paper, as a photograph or in any electronic media that accurately reproduces the content of the record and can be easily retrieved and perceived.

(17) Intentionally left blank —Ed.

(a) The director may initiate an enforcement proceeding or action against an insurer for the insurer’s failure to comply with or violation of this section or for a failure or violation committed by a producer or contractor affiliated with the insurer. The director may:

(A) Require the insurer, the producer, the contractor or a general or independent agency affiliated with the insurer to take reasonably appropriate corrective action to remedy harm to a person injured by the failure or violation; and

(B) Impose a civil penalty or other sanction.

(b) The director may reduce or waive a civil penalty the director imposes under this subsection if the director determines that the insurer took corrective action promptly and that the insurer’s failure to comply or violation was not part of a pattern or practice.

(c) The director may adopt rules to carry out the provisions of this section.

(18) This section does not create or imply a private cause of action for a violation of the provisions of this section or subject a producer to civil liability under the best interest obligation described in subsection (4) of this section or under standards that govern the conduct of a fiduciary or of a fiduciary relationship. [2023 c.143 §2]

Note: 743.262 (Obligations of producers and insurers in sale or recommendation of annuity) was added to and made a part of 743.255 (Grace period for annuities) to 743.273 (Standard provisions of reversionary annuities) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 743.262 — Obligations of producers and insurers in sale or recommendation of annuity; penalties; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 746.147 — OR Code / Title 56 / Chapter 746 / Section 746.147
746.147 Workers’ compensation insurance
Status: in_force

An insurer or insurance producer offering workers’ compensation insurance in Oregon shall not quote projected net insurance premiums based upon figures that are discretionary or terms that are not guaranteed in the workers’ compensation insurance policy. [1999 c.868 §3; 2003 c.364 §140]

Note: 746.147 (Workers’ compensation insurance) was added to and made a part of ORS chapter 746 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 746.147 — Workers’ compensation insurance; quoting premiums , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 731.039 — OR Code / Title 56 / Chapter 731 / Section 731.039
731.039 Requirements for certain educational institutions or nonprofit corporations issuing charitable gift annuities
Status: repealed

ORS 731.038 (Application of Insurance Code to charitable organizations that issue charitable gift annuities) (2)(a) and (b) does not apply to an educational institution or nonprofit corporation that holds a certificate of authority issued under ORS 731.704 (repealed in 2005) on the day before January 1, 2006. An educational institution or nonprofit corporation subject to this section shall keep on file an annual audited financial statement prepared by an independent certified public accountant. [2005 c.31 §3]

Note: 731.039 (Requirements for certain educational institutions or nonprofit corporations issuing charitable gift annuities) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 731 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 731.039 — Requirements for certain educational institutions or nonprofit corporations issuing charitable gift annuities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 746.607 — OR Code / Title 56 / Chapter 746 / Section 746.607
746.607 Use and disclosure of personal information
Status: in_force

Except as provided in ORS 743B.555 (Confidential communications) , a health insurer:

(1) May use or disclose personal information of an individual in a manner that is consistent with an authorization provided by the individual or a personal representative of the individual.

(2) May use or disclose protected health information of an individual without obtaining an authorization from the individual or a personal representative of the individual:

(a) For its own treatment, payment or health care operations; or

(b) As otherwise permitted or required by state or federal law or by order of the court.

(3) May disclose, subject to any requirements established by rule under ORS 746.608 (Rules) and consistent with federal law, protected health information of an individual without obtaining an authorization from the individual or a personal representative of the individual:

(a) To another covered entity for health care operations activities of the entity that receives the information if:

(A) Each entity has or had a relationship with the individual who is the subject of the protected health information; and

(B) The protected health information pertains to the relationship and the disclosure is for the purpose of:

(i) Health care operations listed in ORS 746.600 (Definitions for ORS 746.600 to 746.690) (13)(a) or (b); or

(ii) Health care fraud and abuse detection or compliance;

(b) To another covered entity or any other health care provider for treatment activities of a health care provider; or

(c) To another covered entity or any other health care provider for the payment activities of the entity that receives the information.

(4) May use or disclose personal financial information of an individual:

(a) To perform a business, professional or insurance function, subject to any requirements established by rule under ORS 746.608 (Rules) for an authorization by an individual or a personal representative of an individual; or

(b) Without obtaining an authorization by the individual or the personal representative of the individual as otherwise permitted or required by state or federal law or by order of the court.

(5) May charge a reasonable, cost-based fee, provided that the fee includes only the cost of:

(a) Copying personal information requested by an individual or a personal representative of the individual, including the cost of supplies for and labor of copying;

(b) Postage, when an individual or a personal representative of the individual has requested that copies of personal information or an explanation or summary of protected health information be mailed; or

(c) Preparing an explanation or summary of personal information if requested by an individual or a personal representative of the individual.

(6) Shall provide adequate notice of the uses and disclosures of personal information that may be made by the health insurer and of the individual’s rights and the health insurer’s legal duties with respect to personal information.

(7) Shall permit an individual or a personal representative of an individual to request:

(a) Access to inspect or obtain a copy of the individual’s personal financial information or protected health information that is maintained in a designated record set about the individual; or

(b) That the health insurer correct, amend or delete personal information. [2003 c.87 §3; 2015 c.470 §7]

Source: Section 746.607 — Use and disclosure of personal information , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 735.470 — OR Code / Title 56 / Chapter 735 / Section 735.470
735.470 Premium tax
Status: in_force

(1) Intentionally left blank —Ed.

(a) The surplus lines licensee shall pay the Director of the Department of Consumer and Business Services a surplus lines premium tax equal to two percent of the gross amount of premiums received on Oregon home state risks as shown in the report required by ORS 735.465 (Monthly reports) .

(b) Notwithstanding ORS 731.820 (Gross premium tax on fire insurance premiums) , the surplus lines licensee shall also pay to the director a tax equal to 0.3 percent of the premium or fees charged by the insurer or the insurer’s insurance producer and other intermediaries for the insurance, for the purpose of maintaining the Department of the State Fire Marshal and paying the expenses incident thereto.

(c) The taxes shall be collected by the surplus lines licensee as specified by the director, in addition to the gross amount of premiums charged by the insurer or the insurer’s insurance producer and other intermediaries for the insurance. The taxes on any portion of the premium unearned at termination of insurance having been credited by the state to the licensee shall be returned to the policyholder directly by the surplus lines licensee or through the producing insurance producer, if any. The surplus lines licensee is prohibited from absorbing the taxes, and from rebating for any reason, any part of the taxes.

(2) The surplus lines taxes are due quarterly on the 45th day following the calendar quarter in which the premium is collected. The taxes shall be paid to and reported on forms prescribed by the director or upon the director’s order paid to and reported on forms prescribed by the Surplus Line Association of Oregon.

(3) Notwithstanding subsection (2) of this section, if a surplus lines license is terminated or nonrenewed for any reason, the taxes described in this section are due on the 30th day after the termination or nonrenewal.

(4) For the purposes of carrying out the Nonadmitted and Reinsurance Reform Act of 2010 (P.L. 111-203, Title V, Subtitle B), the director may collect taxes on 100 percent of the gross amount of premiums on Oregon home state risks. If the director enters into a compact or otherwise establishes procedures with other states pursuant to ORS 735.418 (Director authorized to enter into interstate compact for premium tax allocation) , the director by rule shall establish procedures to facilitate the reporting, collection, payment, allocation and disbursement of premium taxes on Oregon home state risks that also include risks allocable to other states.

(5) As used in this section, “gross amount of premiums” has the meaning given that term in ORS 731.808 (“Gross amount of premiums” defined) . [1987 c.774 §131; 1989 c.288 §2; 1995 c.786 §10; 2001 c.191 §48a; 2003 c.364 §44; 2007 c.71 §237; 2011 c.660 §8; 2021 c.539 §145]

Source: Section 735.470 — Premium tax; collection; payment; refund; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 750.318 — OR Code / Title 56 / Chapter 750 / Section 750.318
750.318 Officers and persons appointed to act on behalf of board
Status: in_force

(1) The board of trustees of a trust carrying out a multiple employer welfare arrangement shall select officers as designated in the articles or bylaws and may appoint persons to act on behalf of the board as the board determines to be necessary for transacting the business of the multiple employer welfare arrangement.

(2) Officers and persons appointed to act on behalf of the board have such authority and may perform such duties in the management of the property and affairs of the trust as may be delegated by the board of trustees.

(3) The board of trustees by bond must secure the fidelity of all officers and persons appointed to act on behalf of the board who handle the funds of the trust. The amount of the bond shall be determined annually. The requirement of this subsection may be satisfied by either of the following, whichever is the greater amount:

(a) By a bond in the amount required by the Director of the Department of Consumer and Business Services for an authorized insurer. To establish the amount, the director shall consider the formula established in the examiner’s handbook of the National Association of Insurance Commissioners.

(b) By compliance with the bonding requirements set forth in the federal Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. 1002, applicable to all fiduciaries as defined therein. [1993 c.615 §11]

Note: See note under 750.301 (Definitions for ORS 750.301 to 750.341) .

Source: Section 750.318 — Officers and persons appointed to act on behalf of board; bond , https://www.­oregonlegislature.­gov/bills_laws/ors/ors750.­html (accessed May 26, 2025).
ORS § 742.449 — OR Code / Title 56 / Chapter 742 / Section 742.449
742.449 Prohibition on assignment to high risk category on certain grounds
Status: in_force

An insurer issuing motor vehicle liability insurance policies in this state may not assign an insured or applicant for insurance to a higher risk category than the person would otherwise be assigned to solely because the person has:

(1) Let a prior motor vehicle liability policy lapse, unless the person was in violation of ORS 806.010 (Driving uninsured prohibited) at any time after the prior policy lapsed; or

(2) Had driving privileges suspended pursuant to ORS 809.280 (Department procedures following court order of suspension or revocation) (6) or (8) if the suspension is based on a nondriving offense. [1989 c.419 §2; 1991 c.860 §6; 2011 c.355 §22]

Source: Section 742.449 — Prohibition on assignment to high risk category on certain grounds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 743.035 — OR Code / Title 56 / Chapter 743 / Section 743.035
743.035 Uniform prior authorization form for prescription drug benefits
Status: in_force

(1) The Department of Consumer and Business Services, in consultation with the Oregon Health Authority, shall develop by rule a form that providers in this state shall use to request prior authorization for prescription drug benefits. The form must:

(a) Be uniform for all providers;

(b) Not exceed two pages;

(c) Be electronically available and transmissible; and

(d) Include a provision under which additional information may be requested and provided.

(2) If a person described in ORS 743.029 (Uniform standards for health care financial and administrative transactions) (2) requires prior authorization for prescription drug benefits, the person must allow the use of the form developed under subsection (1) of this section.

(3) The department may adopt rules to implement this section. [Formerly 743.065; 2021 c.154 §9]

Note: 743.035 (Uniform prior authorization form for prescription drug benefits) was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 743 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 743.035 — Uniform prior authorization form for prescription drug benefits; consultation with Oregon Health Authority; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 743.028 — OR Code / Title 56 / Chapter 743 / Section 743.028
743.028 Uniform health insurance claim forms
Status: in_force

The Director of the Department of Consumer and Business Services shall prescribe uniform health insurance claim forms which shall be used by all insurers transacting health insurance in this state and by all state agencies that require health insurance claim forms for their records. [1973 c.109 §2]

Source: Section 743.028 — Uniform health insurance claim forms , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 741.105 — OR Code / Title 56 / Chapter 741 / Section 741.105
741.105 Charges and fees to be paid by insurers and state programs
Status: in_force

(1) The Oregon Health Authority shall establish, by rule, an administrative charge. The authority shall impose and collect the charge from all insurers participating in the health insurance exchange or offering a health plan certified by the authority and state programs participating in the health insurance exchange. The Health Insurance Exchange Advisory Committee shall advise the authority in establishing the administrative charge. The charge must be in an amount sufficient to cover the costs of grants to navigators, in-person assisters and application counselors certified under ORS 741.002 (Duties, powers and functions of Oregon Health Authority) and to pay the administrative and operational expenses of the authority in carrying out ORS 741.001 (Health insurance exchange) to 741.540 (Complaints and investigations confidential) . The charge shall be paid in a manner and at intervals prescribed by the authority.

(2) Intentionally left blank —Ed.

(a) Each insurer’s charge shall be based on the number of individuals, excluding individuals enrolled in state programs, who are enrolled in health plans:

(A) Offered by the insurer through the exchange; and

(B) Certified by the authority.

(b) The charge to each state program shall be based on the number of individuals enrolled in state programs offered through the exchange.

(3) The charge imposed under this section may not exceed:

(a) Five percent of the premium or other monthly charge for each enrollee if the number of enrollees receiving coverage through the exchange is at or below 175,000;

(b) Four percent of the premium or other monthly charge for each enrollee if the number of enrollees receiving coverage through the exchange is above 175,000 and at or below 300,000; and

(c) Three percent of the premium or other monthly charge for each enrollee if the number of enrollees receiving coverage through the exchange is above 300,000.

(4) Intentionally left blank —Ed.

(a) If charges collected under subsection (1) of this section exceed the amounts needed for the administrative and operational expenses of the authority in administering the health insurance exchange, the excess moneys collected may be held and used by the authority to offset future net losses.

(b) The maximum amount of excess moneys that may be held under this subsection is the total costs and expenses described in subsection (1) of this section anticipated by the authority for a six-month period. Any moneys received that exceed the maximum shall be applied by the authority to reduce the charges imposed by this section.

(5) Charges shall be based on annual statements and other reports submitted by insurers and state programs as prescribed by the authority.

(6) In addition to charges imposed under subsection (1) of this section, to the extent permitted by federal law the authority may impose a fee on insurers and state programs participating in the exchange to cover the cost of commissions of insurance producers that are certified by the authority or by the United States Department of Health and Human Services to facilitate the participation of individuals and employers in the exchange.

(7) Intentionally left blank —Ed.

(a) The authority shall establish and amend the charges and fees under this section in accordance with ORS 183.310 (Definitions for chapter) to 183.410 (Agency determination of applicability of rule or statute to petitioner) .

(b) If the authority intends to increase an administrative charge or fee, the notice of intended action required by ORS 183.335 (Notice) shall be sent, if the Legislative Assembly is not in session, to the interim committees of the Legislative Assembly related to health, to the Joint Interim Committee on Ways and Means and to each member of the Legislative Assembly. The Director of the Oregon Health Authority shall appear at the next meetings of the interim committees of the Legislative Assembly related to health and the next meetings of the Joint Interim Committee on Ways and Means that occur after the notice of intended action is sent and fully explain the basis and rationale for the proposed increase in the administrative charges or fees.

(c) If the Legislative Assembly is in session, the authority shall give the notice of intended action to the committees of the Legislative Assembly related to health and to the Joint Committee on Ways and Means and shall appear before the committees to fully explain the basis and rationale for the proposed increase in administrative charges or fees.

(8) All charges and fees collected under this section shall be deposited in the Health Insurance Exchange Fund. [2011 c.415 §17; 2012 c.38 §4; 2012 c.107 §91; 2015 c.3 §18; 2021 c.569 §23]

Note: The amendments to 741.105 (Charges and fees to be paid by insurers and state programs) by section 3, chapter 585, Oregon Laws 2023, become operative November 1, 2026. See section 7, chapter 585, Oregon Laws 2023. The text that is operative on and after November 1, 2026, is set forth for the user’s convenience.

741.105 (Charges and fees to be paid by insurers and state programs) . (1) The Oregon Health Authority shall establish, by rule, an administrative charge. The authority shall impose and collect the charge from all insurers participating in the health insurance exchange or offering a health plan certified by the authority and state programs participating in the health insurance exchange. The Health Insurance Exchange Advisory Committee shall advise the authority in establishing the administrative charge. The charge must be in an amount sufficient to cover the costs of grants to navigators, in-person assisters and application counselors certified under ORS 741.002 (Duties, powers and functions of Oregon Health Authority) and to pay the administrative and operational expenses of the authority in carrying out ORS 741.001 (Health insurance exchange) to 741.540 (Complaints and investigations confidential) . The charge shall be paid in a manner and at intervals prescribed by the authority.

(2) Intentionally left blank —Ed.

(a) Each insurer’s charge shall be based on the number of individuals, excluding individuals enrolled in state programs, who are enrolled in health plans:

(A) Offered by the insurer through the exchange; and

(B) Certified by the authority.

(b) The charge to each state program shall be based on the number of individuals enrolled in state programs offered through the exchange.

(3) The charge imposed under this section may not exceed:

(a) Five percent of the premium or other monthly charge for each enrollee if the number of enrollees receiving coverage through the exchange is at or below 175,000;

(b) Four percent of the premium or other monthly charge for each enrollee if the number of enrollees receiving coverage through the exchange is above 175,000 and at or below 300,000; and

(c) Three percent of the premium or other monthly charge for each enrollee if the number of enrollees receiving coverage through the exchange is above 300,000.

(4) If charges collected under subsection (1) of this section exceed the amounts needed for the administrative and operational expenses of the authority in administering the health insurance exchange, the excess moneys collected may be held and used by the authority to:

(a) Establish or administer the state information technology platform or service that provides electronic access to the health insurance exchange;

(b) Subsidize a state premium assistance program; or

(c) Implement other measures to further advance the intent of the Legislative Assembly described in ORS 741.001 (Health insurance exchange) .

(5) Charges shall be based on annual statements and other reports submitted by insurers and state programs as prescribed by the authority.

(6) In addition to charges imposed under subsection (1) of this section, to the extent permitted by federal law the authority may impose a fee on insurers and state programs participating in the exchange to cover the cost of commissions of insurance producers that are certified by the authority to facilitate the participation of individuals and employers in the exchange.

(7) Intentionally left blank —Ed.

(a) The authority shall establish and amend the charges and fees under this section in accordance with ORS 183.310 (Definitions for chapter) to 183.410 (Agency determination of applicability of rule or statute to petitioner) .

(b) If the authority intends to increase an administrative charge or fee, the notice of intended action required by ORS 183.335 (Notice) shall be sent, if the Legislative Assembly is not in session, to the interim committees of the Legislative Assembly related to health, to the Joint Interim Committee on Ways and Means and to each member of the Legislative Assembly. The Director of the Oregon Health Authority shall appear at the next meetings of the interim committees of the Legislative Assembly related to health and the next meetings of the Joint Interim Committee on Ways and Means that occur after the notice of intended action is sent and fully explain the basis and rationale for the proposed increase in the administrative charges or fees.

(c) If the Legislative Assembly is in session, the authority shall give the notice of intended action to the committees of the Legislative Assembly related to health and to the Joint Committee on Ways and Means and shall appear before the committees to fully explain the basis and rationale for the proposed increase in administrative charges or fees.

(8) All charges and fees collected under this section shall be deposited in the Health Insurance Exchange Fund.

Source: Section 741.105 — Charges and fees to be paid by insurers and state programs; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors741.­html (accessed May 26, 2025).
ORS § 734.220 — OR Code / Title 56 / Chapter 734 / Section 734.220
734.220 Powers of director as receiver
Status: in_force

(1) Upon taking possession of the property and business of any person in any proceeding under this chapter, the Director of the Department of Consumer and Business Services shall, subject to the direction of the court, immediately proceed to conduct the business of the insurer or to take such steps as are authorized by the laws of this state for the purpose of rehabilitating, liquidating or conserving the insurer.

(2) Upon taking such possession of the property and business of any person, the director as receiver shall:

(a) Be vested with the insurer’s title and interest in and to all assets and property of every kind, both tangible and intangible, except that ancillary receivers in reciprocal states shall have, as to assets located in their respective states, the rights and powers which are prescribed in this chapter for ancillary receivers appointed in this state as to assets located in this state;

(b) Possess, in the name of the insurer or in the name of the director, all rights, privileges, powers and authority granted to insurers in this state or otherwise possessed by insurers generally, without regard to any limitations thereon prescribed in the articles or bylaws of such insurer; and

(c) Perform and do all acts which the director may deem necessary, advisable or expedient for the accomplishment or in aid of the purpose for which such possession was taken. [1967 c.359 §276]

Source: Section 734.220 — Powers of director as receiver , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 731.812 — OR Code / Title 56 / Chapter 731 / Section 731.812
731.812 Foreign and alien insurer’s report of Oregon business
Status: in_force

Every foreign or alien insurer, in its annual statement to the Director of the Department of Consumer and Business Services, shall set forth the gross amount of premiums received by it or its insurance producers, return premiums paid, dividend payments made to policyholders, savings paid or credited to the accounts of subscribers in the case of a reciprocal insurer, and insurance benefit payments to policyholders, from and under its policies covering direct domestic risks in the preceding calendar year. [1967 c.359 §133; 2003 c.364 §76]

Source: Section 731.812 — Foreign and alien insurer’s report of Oregon business , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).