reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.109 - Conduct of examination; access to records; civil penalty.

(1) When the Oregon Health Authority determines that an examination should be conducted, the authority shall appoint one or more examiners to perform the examination and instruct them as to the scope of the examination. The authority may prescribe the examiner handbook and employ other guidelines and procedures that the authority determines to be appropriate.
(2) The authority may retain appraisers, independent actuaries, independent certified public accountants or other professionals and specialists in conducting an examination, as needed. The coordinated care organization that is the subject of the examination is responsible for the cost of retaining the professionals and specialists.
(3) Upon an examination or investigation of a coordinated care organization, the Oregon Health Authority may examine under oath all persons who may have material information regarding the property or business of the coordinated care organization being examined or investigated.
(4) Every person being examined or investigated shall produce all books, records, accounts, papers, documents and computer and other recordings in its possession or control relating to the matter under examination or investigation, including, in the case of an examination, the property, assets, business and affairs of the person.
(5) With regard to an examination, the officers, directors and agents of the coordinated care organization being examined shall provide timely, convenient and free access at all reasonable hours at the offices of the coordinated care organization being examined to all books, records, accounts, papers, documents and computer and other recordings. The officers, directors, employees and agents of the person must facilitate the examination.
(6) In an investigation or examination of a coordinated care organization’s financial condition, the authority may order a coordinated care organization to produce information the coordinated care organization does not possess but to which the coordinated care organization might have access by reason of a contractual relationship or a statutory obligation or by other means. If the coordinated care organization cannot obtain the information the authority requires, the coordinated care organization shall provide the authority with a detailed explanation of the reason the coordinated care organization cannot obtain the information and shall identify the person that possesses the information. If the authority finds that the coordinated care organization’s explanation is without merit, the authority may impose a civil penalty on the coordinated care organization as provided in rules adopted pursuant to ORS 415.011 (2)(g) or may suspend or revoke the coordinated care organization’s contract. [2019 c.478 §9]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.111 - Report of examination; opportunity to respond.

(1) Not later than the 60th day after an examination is completed, the examiner in charge of the examination shall submit to the Oregon Health Authority a full and true report of the examination, verified by the oath of the examiner. The report shall comprise only facts appearing upon the books, papers, records, accounts, documents or computers and other recordings of the coordinated care organization, its agents or other persons being examined or facts ascertained from testimony of individuals concerning the affairs of the coordinated care organization, together with such conclusions and recommendations as reasonably may be warranted from the facts.
(2) The authority shall make a copy of the report submitted under subsection (1) of this section available to the coordinated care organization that is the subject of the examination and shall give the coordinated care organization an opportunity to review and comment on the report. The authority may request additional information or meet with the coordinated care organization for the purpose of resolving questions or obtaining additional information and may direct the examiner to consider the additional information for inclusion in the report.
(3) Before the authority files the examination report as a final examination report or makes the report or any matters relating to it public, the coordinated care organization being examined shall have an opportunity for a hearing. A copy of the report must be mailed by certified mail to the coordinated care organization being examined. The coordinated care organization may request a hearing not later than the 30th day after the date on which the report was mailed. This subsection does not prohibit the authority from disclosing a final examination report as provided in subsection (5) of this section.
(4) The authority shall consider comments presented at a hearing requested under subsection (3) of this section and may direct the examiner to consider the comments or direct that the comments be included in documentation relating to the report, although not as part of the report itself. The authority may file the report as a final examination report at any time after consideration of the comments or at any time after the period for requesting a hearing has passed if a hearing is not requested.
(5) A report filed as a final examination report is subject to public inspection. The authority, after filing any report, if the authority considers it to be in the public interest, may publish any report or the result of any examination contained in the report without expense to the person examined. [2019 c.478 §10]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.115 - Annual audits; rules.

(1) A coordinated care organization shall have an annual audit conducted by an independent certified public accountant and shall file an audited financial report annually with the Oregon Health Authority by June 30 following the end of the period to which the report applies. The annual audited financial report shall disclose:
(a) The financial position of the coordinated care organization as of the end of the most recent calendar year; and
(b) The results of the coordinated care organization’s operations, cash flows and changes in capital, surplus and reserves for the year just ended.
(2) The authority shall adopt the following rules as needed for carrying out the requirements of this section prescribing the:
(a) Required contents and format of the audited financial report.
(b) Requirements for filing the report.
(c) Requirements applicable to qualifications and designation of certified public accountants for purposes of audits under this section, which may include limitations on length of service for certified public accountants and may permit recognition of accountants comparably qualified under the laws of another country.
(d) Requirements applicable to evaluation of the accounting procedures of a coordinated care organization and its system of internal control by a certified public accountant.
(e) Standards governing the scope and preparation of the audit.
(f) Requirements and procedures relating to the reporting of the adverse financial condition of a coordinated care organization by a certified public accountant.
(g) Requirements and procedures relating to the reporting of significant deficiencies for internal controls of a coordinated care organization.
(h) Exemptions.
(i) Any other matter that the authority determines to be needed for preparation of or inclusion in the financial report. [2019 c.478 §11]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.119 - Immunity from suit arising out of investigation, examination or provision or dissemination of information; attorney fees to prevailing party authorized.

(1) Except in the case of malfeasance in office or willful or wanton neglect of duty, a cause of action does not arise and liability may not be imposed against the Oregon Health Authority, an authorized representative of the authority or any examiner appointed by the authority for:
(a) Any statements made or conduct performed in good faith pursuant to an examination or investigation.
(b) The authority’s collection, review, analysis or dissemination of the data and information collected from the filings required by rules adopted pursuant to ORS 415.012 to 415.430 or rules adopted pursuant to ORS 415.011.
(2) A cause of action does not arise and liability may not be imposed against any person for communicating or delivering information or data to the authority or an authorized representative of the authority or examiner pursuant to an examination or investigation if the communication or delivery was performed in good faith and without fraudulent intent or an intent to deceive.
(3) This section does not abrogate or modify in any way any common law or statutory privilege or immunity otherwise enjoyed by any person to which subsection (1) or (2) of this section applies.
(4) The court may award reasonable attorney fees to the prevailing party in a cause of action arising out of activities of the authority or an examiner in carrying out an examination or investigation. [2019 c.478 §13]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.203 - Opportunity to cure impairment of required capitalization.

(1) Whenever the Oregon Health Authority determines from any showing or statement made to the authority from any examination made by the authority that the assets of a coordinated care organization are less than its liabilities plus required capitalization, the authority may:
(a) Proceed immediately to petition for an order of rehabilitation or liquidation or to commence a delinquency proceeding; or
(b) Allow the coordinated care organization a period of time, not to exceed 90 days, in which to make good the amount of the impairment with cash or authorized investments.
(2) If the amount of the impairment is not made good within the time prescribed by the authority under subsection (1) of this section, the authority shall proceed to petition for an order of rehabilitation or liquidation or to commence a delinquency proceeding.
(3) An order directing a coordinated care organization to cure an impairment is confidential for such time as the authority considers proper but not exceeding the time prescribed by the authority for making the amount of the impairment good. If the authority determines that the public interest in disclosure outweighs the public interest in protecting or salvaging the solvency of the coordinated care organization, the authority may make the order available for public inspection. [2019 c.478 §26]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.205 - Period of supervision; cause of action for violation of order of supervision.

(1) A coordinated care organization placed under supervision must correct, eliminate or remedy the acts, transactions or practices that are the basis for the order of supervision and otherwise comply with the requirements of the Oregon Health Authority within the period of time allowed by the authority, not to exceed 60 days, after the date on which the order is served on the coordinated care organization.
(2) If the authority determines that the conditions giving rise to the supervision still exist at the end of the supervision period established in subsection (1) of this section, the authority may extend the period.
(3) During the period of supervision of a coordinated care organization, the authority may institute rehabilitation or liquidation proceedings, extend the period of supervision or take any other action authorized by law.
(4) The authority or supervisor on behalf of a coordinated care organization under supervision may bring an action for damages against any person who violates any order of the authority under ORS 415.204 if the violation reduces the net worth of the coordinated care organization or results in loss to the coordinated care organization that the coordinated care organization would not have suffered otherwise. The authority or supervisor may recover damages to the extent of the reduction or loss. [2019 c.478 §25]
Note:
Definitions in 734.014 relating to delinquency proceedings may apply to 415.012 to 415.430. See 415.011 (2)(ee).
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.251 - Jurisdiction of delinquency proceedings.

(1) The circuit court shall have original jurisdiction of delinquency proceedings, and any court with jurisdiction is authorized to make all necessary or proper orders to carry out the purposes of ORS 415.203 to 415.430.
(2) The venue of delinquency proceedings and proceedings under ORS 415.203 to 415.430 against a coordinated care organization shall be in the Circuit Court for Marion County.
(3) At any time after the commencement of a delinquency proceeding or a proceeding under ORS 415.203 to 415.430, the court may issue an order changing the venue of the proceeding on motion of the Oregon Health Authority or other interested person if the court finds the proceedings may be more economically and efficiently conducted thereby. [2019 c.478 §32]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.252 - Exclusive remedy.

(1) Delinquency proceedings constitute the sole and exclusive method of rehabilitating, liquidating or conserving a coordinated care organization, and a court may not entertain a petition for the commencement of such proceedings, or any other similar procedure, unless the Oregon Health Authority has filed such a petition in the name of the state.
(2) A coordinated care organization shall appeal an order granting or refusing rehabilitation, liquidation or conservation and every order in delinquency proceedings that has the character of a final order to the Court of Appeals. [2019 c.478 §33]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.253 - Oregon Receivership Code inapplicable.

Notwithstanding ORS 37.040, the Oregon Receivership Code does not apply to delinquency proceedings under ORS 415.203 to 415.430. [2019 c.478 §48]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.261 - Petition for delinquency proceeding.

(1) The Oregon Health Authority shall commence a delinquency proceeding by an application to the court for an order directing the coordinated care organization to show cause why the authority should not have the relief prayed for.
(2) The application shall be by petition, verified by the authority, setting forth the ground or grounds for the proceeding and the relief demanded.
(3) If the court is satisfied from reading the authority’s petition that the facts alleged, if established, would constitute grounds for a delinquency proceeding, the court shall issue an order to the coordinated care organization 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 members of the coordinated care organization or the public may require.
(5) After commencement of a delinquency proceeding by the authority, the court may make any further orders necessary in response to the application of any interested person. [2019 c.478 §34]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.263 - Cooperation with Oregon Health Authority in delinquency investigation or proceeding.

(1) An officer, manager, member of the governing board, trustee, owner, employee or agent of a coordinated care organization, and any other person with authority over or in charge of any portion of the coordinated care organization’s affairs, including any person who exercises control directly or indirectly over the activities of the coordinated care organization through a holding company or other affiliate of the coordinated care organization, shall cooperate with the Oregon Health Authority in any delinquency proceeding or any investigation preliminary to the proceeding. For purposes of this section, cooperation with the authority includes at least the following:
(a) Replying promptly in writing to any inquiry from the authority requesting such a reply; and
(b) Making available to the authority any books, accounts, documents or other records, information or property of or pertaining to the coordinated care organization and in the possession, custody or control of the coordinated care organization.
(2) A person may not obstruct or interfere with the authority in conducting a delinquency proceeding or any investigation that is preliminary or incidental to a delinquency proceeding.
(3) This section may not be construed to abridge existing legal rights, including the right to resist a petition for liquidation or other delinquency proceedings, or other orders. [2019 c.478 §23]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.265 - Injunction prohibiting waste or disposition of property upon petition for delinquency proceeding.

(1) Upon application by the Oregon Health Authority for an order to show cause under ORS 415.261, or at any time thereafter, the court may, without notice, issue an injunction restraining a coordinated care organization, its officers, members of its governing board, agents, employees and all other persons from the transaction of its business or the waste or disposition of its property until the further order of the court.
(2) The court may at any time during a delinquency proceeding issue other injunctions or orders to prevent any of the following activities:
(a) Transacting further business of the coordinated care organization.
(b) Transferring property.
(c) Interfering with the receiver or with a delinquency proceeding.
(d) Wasting assets of a coordinated care organization.
(e) Dissipating or transferring bank accounts.
(f) Instituting or further prosecuting any actions or proceedings.
(g) Obtaining preferences, judgments, attachments, garnishments or liens against the coordinated care organization or its assets.
(h) Levying execution against the coordinated care organization or its assets.
(i) The making of a sale or deed for nonpayment of taxes or assessments that would lessen the value of the assets of the coordinated care organization.
(j) Withholding from the receiver books, accounts, documents or other records relating to the business of the coordinated care organization.
(k) Taking any other threatened or contemplated action that might lessen the value of the assets of the coordinated care organization or prejudice the rights of the state, creditors or other interested persons, or the administration of a delinquency proceeding.
(3) Notwithstanding any other provision of law, the authority may not be required to post bond as a prerequisite for issuing any injunction or restraining order pursuant to this section. [2019 c.478 §35]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.281 - Court order for rehabilitation or liquidation proceeding against CCO.

(1) Upon petition by the Oregon Health Authority under ORS 415.280, the court may issue the requested order immediately, ex parte and without hearing. The court in its order shall specify the duration of the order. The duration of an order shall be a period sufficient to enable the authority to ascertain the condition of the coordinated care organization.
(2) On motion of the authority or the coordinated care organization against whom an order under this section is issued, or on the court’s own motion, the court may hold such hearings from time to time as the court determines are desirable, after such notice as it determines appropriate, and may extend, shorten or modify the terms of the order.
(3) The court may vacate an order issued under this section if the court determines that the authority has not commenced a rehabilitation or liquidation proceeding within a reasonable time.
(4) An order of the court directing a rehabilitation or liquidation proceeding vacates the order issued under this section.
(5) Entry of a seizure order under this section does not constitute an anticipatory breach of any contract of the coordinated care organization.
(6) At any time after a court issues an order under this section, the court may direct that notice of the order be given to a person if the court determines both of the following:
(a) That the person was not notified of the hearing on the order and did not appear at the hearing.
(b) That the interest of the person is or will be substantially affected by the order. [2019 c.478 §28]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.284 - Appointment of special deputy directors to assist in supervision of CCO or delinquency proceedings.

The Oregon Health Authority, in connection with supervising a coordinated care organization or conducting a delinquency proceeding, may appoint one or more special deputy directors to act for the authority and may employ counsel, clerks and assistants as the authority deems necessary. Unless otherwise provided by the authority, a person so appointed is not a state employee solely by reason of the appointment. The compensation of the special deputies, counsel, clerks or assistants and all expenses of supervising the coordinated care organization or taking possession of a delinquent coordinated care organization and conducting delinquency proceedings must be paid out of the funds or assets of the coordinated care organization. A special deputy acting within limits the authority imposes with respect to supervising a coordinated care organization or conducting delinquency proceedings has a receiver’s powers and is subject to a receiver’s duties. [2019 c.478 §37]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.300 - Rehabilitation proceeding.

(1) An order to rehabilitate a coordinated care organization shall direct the Oregon Health Authority to take possession of the property of the coordinated care organization and to conduct the business of the coordinated care organization, and to take such steps toward removing the causes and conditions that made rehabilitation necessary as directed by the court.
(2) If at any time the authority deems that further efforts to rehabilitate the coordinated care organization would be useless, the authority may apply to the court for an order of liquidation under ORS 415.335.
(3) The authority may apply at any time for an order terminating the rehabilitation proceeding and permitting the coordinated care organization to resume possession of its property and the conduct of its business, but the order may not be granted except after a full hearing. [2019 c.478 §29]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.330 - Grounds for order to liquidate.

The Oregon Health Authority may apply for an order directing the authority to liquidate the business of a coordinated care organization, regardless of whether there has been a prior order directing the authority to rehabilitate the coordinated care organization, upon any of the grounds specified in ORS 415.280, or if the coordinated care organization:
(1) Has ceased transacting business for a period of one year;
(2) Under any laws except ORS 415.203 to 415.430 or rules adopted pursuant to ORS 415.011, has:
(a) Commenced voluntary liquidation or dissolution;
(b) Attempted to commence or prosecute an action or proceeding to liquidate its business or affairs;
(c) Commenced dissolving its corporate charter; or
(d) Commenced procuring the appointment of a receiver, trustee, custodian, or sequestrator; or
(3) Is insolvent. [2019 c.478 §49]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.333 - Powers of Oregon Health Authority in liquidation proceeding.

The Oregon Health Authority, after taking possession of the property and business of any coordinated care organization, shall:
(1) Subject to a court’s direction, immediately conduct the business of the coordinated care organization or take steps authorized by law to rehabilitate, liquidate or conserve the coordinated care organization;
(2) Be vested with the coordinated care organization’s title and interest in and to all assets and property of every kind, both tangible and intangible;
(3) Possess, in the name of the coordinated care organization or in the name of the authority, all rights, privileges, powers and authority granted to coordinated care organizations in this state or otherwise possessed by coordinated care organizations generally, without regard to any limitations prescribed in the articles or bylaws of the coordinated care organization; and
(4) Perform and do all acts that the authority deems necessary, advisable or expedient. [2019 c.478 §30]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.335 - Order to liquidate.

(1) An order to liquidate the business of a coordinated care organization shall direct the Oregon Health Authority to:
(a) Take possession of the property of the coordinated care organization;
(b) Liquidate the business of the coordinated care organization;
(c) Deal with the coordinated care organization’s property and business in the name of the authority or in the name of the coordinated care organization as the court may direct; and
(d) Give notice to all creditors who may have claims against the coordinated care organization to present such claims.
(2) The authority may apply to the court for an order dissolving the corporate existence of a coordinated care organization at the time the authority applies for an order to liquidate or at any time after an order to liquidate has been granted. [2019 c.478 §51]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.340 - Oregon Health Authority to be appointed receiver in delinquency proceeding; powers and duties.

(1) Whenever a receiver is to be appointed in delinquency proceedings for a coordinated care organization, the court shall appoint the Oregon Health Authority as the receiver. The court shall direct the receiver to take possession of the property of the coordinated care organization and to administer the property as ordered by the court.
(2) Any deed or other instrument executed in a delinquency proceeding or by an order of liquidation shall be valid and effectual for all purposes as though the same had been executed by the person affected by any proceedings or by the officers of the coordinated care organization pursuant to the direction of its governing board. A record of the order directing possession to be taken, or a certified copy of the order, filed in the office where instruments affecting title to property are required to be filed or recorded, shall have the same effect as the filing or recording of a deed, bill of sale or other evidence of title.
(3) If any real property sold by the authority is located in a county other than the county where the proceeding is pending, the authority shall file a certified copy of the order of the appointment, or order authorizing or ratifying the sale, with the recording officer for the county where the property is located.
(4) The authority as receiver shall be responsible on the official bond of the authority for the proper administration of all property coming into the possession or control of the authority. The court may at any time require an additional bond from the authority or the deputies of the authority if deemed desirable for the protection of the property. [2019 c.478 §45]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.341 - Immunity from civil liability for receivers.

(1) The following persons are entitled to protection under this section:
(a) All receivers responsible for the conduct of a delinquency proceeding under ORS 415.203 to 415.430, including present and former receivers.
(b) All employees of the receiver described in paragraph (a) of this subsection. For purposes of this section, such employees include all present and former special deputies and assistant special deputies appointed by the Oregon Health Authority and all persons whom the authority, special deputies or assistant special deputies have employed to assist in a delinquency proceeding. Unless designated as special deputies, attorneys, accountants, auditors and other professional persons or firms who are retained by the receiver as independent contractors and their employees are not entitled to protection under this section.
(2) The receiver and employees of the receiver shall have official immunity and shall be immune from civil action and liability, both personally and in their official capacities, for any tort claim or demand, whether groundless or otherwise, arising out of any alleged act, error or omission of the receiver or any employee occurring in the performance of duties. For purposes of this section, "tort" has the meaning given that term in ORS 30.260.
(3) The receiver and employees of the receiver shall be indemnified from the assets of the coordinated care organization against any tort claim arising out of any alleged act, error or omission of the receiver or any employee occurring in the performance of duties, whether personally or in the official capacity of the receiver or employee. Any indemnification made under this subsection is an administrative expense of the coordinated care organization.
(4) The provisions of subsections (2) and (3) of this section do not apply in case of malfeasance in office or willful or wanton neglect of duty.
(5) In any legal action in which the receiver is a defendant, the portion of any settlement relating to the alleged act, error or omission of the receiver is subject to the approval of the court before which the delinquency proceeding is pending. The court may not approve the portion of the settlement if it determines:
(a) That the claim did not occur in the performance of the receiver’s duties; or
(b) That the claim was caused by malfeasance in office or willful or wanton neglect of duty by the receiver.
(6) This section may not be construed or applied to deprive the receiver or any employee of any immunity, indemnity, benefits of law, rights or any defense otherwise available. [2019 c.478 §36]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.350 - Right to assets of CCO fixed as of date of order to liquidate.

The rights and liabilities of the coordinated care organization, its creditors and all other persons interested in its assets shall, unless otherwise directed by the court, be fixed as of the date on which an order directing the liquidation of the coordinated care organization is filed in the office of the clerk of the court that made the order, subject to the provisions of ORS 415.404 with respect to the rights of claimants holding contingent claims. [2019 c.478 §50]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.400 - Filing proof of claim against CCO declared by court to be insolvent.

(1) A court may make an order declaring a coordinated care organization insolvent at the time it grants an order of liquidation or at any time during the liquidation proceedings. When the order is issued, the Oregon Health Authority shall provide notice, in the manner determined by the court, to all persons who may have claims against the coordinated care organization and who have not filed proper proofs of their claims. The notice must instruct the persons to present their claims to the authority, at a specified place, within four months from the date of the entry of the insolvency order or within a longer time as the court prescribes. The notice must specify the last day that persons may file proofs of claims.
(2) A claimant filing a proof of claim after the last day specified for filing a claim may share in the distribution of the assets after all allowed claims for which proofs were timely filed are paid in full. [2019 c.478 §31]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.401 - Requirements for proof of claim.

(1) All claims against a coordinated care organization against which delinquency proceedings have been begun shall:
(a) Set forth in reasonable detail:
(A) The amount of the claim or the basis upon which the amount can be ascertained;
(B) The facts upon which the claim is based; and
(C) The priorities asserted, if any;
(b) Be verified by the affidavit of the claimant or someone authorized to act on behalf of the claimant and having knowledge of the facts; and
(c) Be supported by documentation.
(2) All claims shall be filed with the receiver on or before the last date for filing as specified in ORS 415.400.
(3) After the expiration of any period for filing of claims, the receiver shall report the claims timely filed to the court, with recommendations for the actions to be taken by the court. Upon receipt of the report, the court shall fix a time for hearing the claims and shall direct the claimants or the receiver, as specified by the court, to give notice to interested persons, in the manner determined by the court, of the time and place of the hearing, the amount and nature of the claim, the priorities asserted, if any, and the recommendation of the receiver with respect to the claim.
(4) All interested persons shall be entitled to appear at the hearing, and the court shall enter an order allowing, allowing in part or disallowing the claim. The order is an appealable order. [2019 c.478 §38]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.402 - Preference of claims.

Except as provided in ORS 415.406 for secured claims, the claims to be paid in full in delinquency proceedings against a coordinated care organization prior to the payment of any other claims, and the order of payment, shall be:
(1) The expenses of administering the delinquency proceedings;
(2) Claims that are legally due and owing by the coordinated care organization to the United States;
(3) Compensation or wages owed to employees other than officers of the coordinated care organization, for services rendered within three months prior to the commencement of the delinquency proceeding, but not exceeding $5,000 for each employee;
(4) Claims legally due and owed by the coordinated care organization to the state; and
(5) Claims, including special deposit claims, owed to any person that by the laws of the state is entitled to priority. [2019 c.478 §42]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.403 - Priority of preferred claims.

All claims that are preferred under the laws of the state, whether owing to residents or nonresidents, shall be given equal priority of payment from the general assets of a coordinated care organization in a delinquency proceeding against the coordinated care organization regardless of where the assets are located. [2019 c.478 §39]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.404 - Contingent claims.

(1) A contingent claim against a coordinated care organization shall be filed, presented and reported in the same manner and within the same time limitations as provided in ORS 415.400 for a noncontingent claim. Contingent claims shall be allowed to share in a distribution of assets in the same manner as noncontingent claims of the same class and priority, provided that the contingent claim becomes an absolute claim either as a result of proof presented or litigation.
(2) Nothing in subsection (1) of this section prevents or bars the Oregon Health Authority from compromising a disputed claim with a claimant, whether contingent or noncontingent, if the compromise is justified and supported by the facts and circumstances.
(3) If full or partial distribution to noncontingent claimants is authorized or directed by the court prior to satisfaction of the requirements of subsection (1) of this section, the authority shall retain a sum equal to the amount that would have been paid on the contingent claims if the requirements in subsection (1) of this section had been met. The amount withheld shall be distributed to the person or persons found by the court to be entitled to a distribution when:
(a) The contingent claims are fully established as provided in subsection (1) of this section; or
(b) The authority is satisfied that the contingent claims are without merit or cannot be proved or established, or the statute of limitations would bar further consideration or recovery on the claim.
(4)(a) A judgment entered after the commencement of a delinquency proceeding is conclusive evidence in the liquidation proceeding, either of liability or of the amount of damages.
(b) A judgment entered after the date of entry of a liquidation order may not be considered in the liquidation proceedings as evidence of liability or of the amount of damages. [2019 c.478 §44]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.405 - Priority of special deposit claims.

The owners of special deposit claims against a coordinated care organization for which a receiver is appointed shall be given priority against their several special deposits in accordance with the provisions of the statutes governing the creation and maintenance of the deposits. If there is a deficiency in any deposit so that claims secured by the deposit are not fully discharged, the claimants may share in the general assets of the coordinated care organization after:
(1) The payment of claims of general creditors; and
(2) Claimants against other special deposits, who have received smaller percentages from their respective special deposits, have been paid percentages of their claims equal to the percentage paid from the special deposit. [2019 c.478 §46]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.406 - Priority of secured claims.

The owner of a secured claim against a coordinated care organization for which a receiver has been appointed may surrender the security and file a claim as a general creditor, or the claim may be discharged by resort to the security, in which case the deficiency, if any, shall be treated as a claim against the general assets of the coordinated care organization on the same basis as claims of unsecured creditors. [2019 c.478 §47]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.420 - Attachment or garnishment prohibited during delinquency proceeding.

During the pendency of a delinquency proceeding against a coordinated care organization, an action or proceeding to obtain an attachment, garnishment or execution may not be commenced or maintained in the courts of this state against the delinquent coordinated care organization or its assets. An attachment, garnishment or execution obtained prior to the commencement of a delinquency proceeding or at any time thereafter shall be void as against any rights arising in the delinquency proceeding unless the attachment, garnishment or execution obtained by the action or proceeding was obtained more than four months prior to the commencement of the delinquency proceeding. [2019 c.478 §40]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.422 - Voidable transfers or liens.

(1) A transfer of or lien upon the property of a coordinated care organization, other than as provided in ORS 415.420, is voidable if the transfer or lien is:
(a) Made or created within four months prior to the commencement of a delinquency proceeding;
(b) Made with the intent of giving to a transferee or lienor or enabling the transferee or lienor to obtain a greater percentage of the debt than any other creditor of the same class; and
(c) Accepted by a transferee or lienor who has reasonable cause to believe that the transferee or lienor will obtain a greater percentage of the debt than any other creditor of the same class.
(2) Every director, officer, employee or other person acting on behalf of a coordinated care organization who participates in a transfer or lien described in subsection (1) of this section, and every person receiving any property of the coordinated care organization or the benefit of the transfer or lien, shall be personally liable as described in subsection (3) of this section.
(3) The Oregon Health Authority, as a receiver in a delinquency proceeding, may avoid any transfer of, or lien upon, the property of a coordinated care organization described in subsection (1) of this section and may recover the property or value of the property transferred or attached unless the person in possession of the property or the lien was a bona fide holder for value prior to the commencement of the delinquency proceeding. [2019 c.478 §41]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.424 - Offsets of mutual debts or credits.

Offsets may not be allowed in cases of mutual debts or mutual credits between the coordinated care organization and another person in connection with a delinquency proceeding, except with respect to reinsurance. [2019 c.478 §43]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.430 - Liability of member of CCO to pay provider for cost of care.

(1) For the purpose of this section only, and only in the event of a finding of impairment by the Oregon Health Authority, as described in ORS 415.203, or of a final order of liquidation, any covered health care service furnished within this state by a provider to a member of a coordinated care organization shall be considered to have been furnished pursuant to a contract between the provider and the coordinated care organization with whom the member was enrolled when the services were furnished.
(2) Each contract between a coordinated care organization and a provider of health care services shall provide that if the coordinated care organization fails to pay for covered health care services as set forth in the coordinated care organization’s contract with the authority, the member is not liable to the provider for any amounts owed by the coordinated care organization.
(3) If the contract between the contracting provider and the coordinated care organization has not been reduced to writing or fails to contain the provisions required by subsection (2) of this section, the member is not liable to the authority for any amounts owed by the coordinated care organization.
(4) A contracting provider or agent, trustee or assignee of the contracting provider may not maintain a civil action against a member to collect any amounts owed by the coordinated care organization for which the member is not liable to the contracting provider under this section.
(5) Nothing in this section impairs the right of a provider to charge, collect from, attempt to collect from or maintain a civil action against a member for any of the following:
(a) Health care services not covered by the medical assistance program.
(b) Health care services rendered after the termination of the contract between the coordinated care organization and the provider, unless the health care services were rendered during the confinement in an inpatient facility and the confinement began prior to the date of termination or unless the provider has assumed post-termination treatment obligations under the contract.
(6) Nothing in this section prohibits a member from seeking noncovered health care services from a provider and accepting financial responsibility for these services.
(7) A coordinated care organization may not limit the right of a provider of health care services to contract with the patient for payment of services not within the scope of coverage under the medical assistance program. [2019 c.478 §52]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.505 - Conflicts of interest prohibited.

(1) An officer or employee of the Oregon Health Authority who is delegated responsibilities in the enforcement of ORS 415.501 or rules adopted pursuant to ORS 415.501 may not:
(a) Be a director, officer or employee of or be financially interested in an entity that is a party to a proposed material change transaction except as an enrollee or patient of a health care entity or by reason of rights vested in compensation or benefits related to services performed prior to affiliation with the authority; or
(b) Be engaged in any other business or occupation interfering with or inconsistent with the duties of the authority.
(2) This section does not permit any conduct, affiliation or interest that is otherwise prohibited by public policy. [2021 c.615 §3]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.510 - Quadrennial study of impact of health care consolidation.

Every four years, the Oregon Health Authority shall commission a study of the impact of health care consolidation in this state. The study must review consolidation occurring during the previous four-year period and include an analysis of:
(1) The impact on costs to consumers for health care either to the benefit or the detriment of consumers; and
(2) Any increases or decreases in the quality of care, including:
(a) Improvement or reductions in morbidity;
(b) Improvement or reductions in the management of population health;
(c) Changes to health and patient outcomes, particularly for underserved and uninsured individuals, recipients of medical assistance and other low-income individuals and individuals living in rural areas, as measured by nationally recognized measures of the quality of health care, such as measures used or endorsed by the National Committee for Quality Assurance, the National Quality Forum, the Physician Consortium for Performance Improvement or the Agency for Healthcare Research and Quality. [2021 c.615 §6]
Note:
Section 6a, chapter 615, Oregon Laws 2021, provides:
Sec. 6a.
The Oregon Health Authority shall commission the first study under section 6 of this 2021 Act [415.510] no later than September 15, 2026. [2021 c.615 §6a]
2023 Oregon Revised Statutes › Volume : 11 - Juvenile Code, Human Services › Chapter 415 - Regulation of Health Care Entities › Section 415.512 - Fees; rules.

(1) The Oregon Health Authority shall prescribe by rule a fee to be paid under ORS 415.501 (3), proportionate to the size of the parties to the transaction, sufficient to reimburse the costs of administering ORS 415.501.
(2) Moneys received by the authority under this section shall be deposited to the Oregon Health Authority Fund established in ORS 413.101 to be used for carrying out ORS 415.501. [2021 c.615 §4]