reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.315 - Maintenance of reserves; actuarial opinion; rules.

(1) For purposes of carrying out a multiple employer welfare arrangement, a trust shall maintain adequate reserves. Reserves must be held in cash or obligations guaranteed by the United States or invested in a registered investment company and invested exclusively in cash or obligations guaranteed by the United States. Reserves must be calculated with proper actuarial calculations of all of the following:
(a) Known claims, paid and outstanding.
(b) A history of incurred but not reported claims.
(c) Claims handling expenses.
(d) Unearned contributions.
(e) An estimate for bad debts.
(f) A trend factor.
(2) Each multiple employer welfare arrangement shall submit annually to the Director of the Department of Consumer and Business Services an opinion of a qualified actuary as provided in this subsection. The opinion shall determine the adequacy of reserves of the multiple employer welfare arrangement. The director by rule shall adopt requirements for the actuarial opinion and standards on which the opinion must be based. In adopting the standards, the director shall consider standards established by the National Association of Insurance Commissioners in its instructions for annual statements. The director by rule shall also define "qualified actuary" for purposes of this subsection by establishing qualifications required of an actuary for the purpose of giving the opinion. In establishing the definition, the director shall consider standards established from time to time by the American Academy of Actuaries. [1993 c.615 §9; 1995 c.166 §1]
Note:
See note under 750.301.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.317 - Board of trustees.

(1) The powers of a multiple employer welfare arrangement, except as otherwise provided, must be exercised by a board of trustees chosen to carry out the purposes of the trust agreement. At least 50 percent of the trustees shall be persons who are covered under the multiple employer welfare arrangement. A trustee may not be an owner, officer or employee of a third party administrator who is licensed pursuant to ORS 744.700 to 744.740 and provides services to a multiple employer welfare arrangement.
(2) The trustees must give the attention and must exercise the vigilance, diligence, care and skill that prudent persons use in like or similar circumstances. Trustees are responsible for all operations of the multiple employer welfare arrangement and must take all necessary precautions to safeguard its assets. [1993 c.615 §10]
Note:
See note under 750.301.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.318 - Officers and persons appointed to act on behalf of board; bond.

(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.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.319 - Salaries; other compensation.

(1) The trust carrying out a multiple employer welfare arrangement may not pay any salary, compensation or emolument to any officer or trustee of the trust unless the payment is first authorized by a majority vote of the board of trustees.
(2) The compensation of any trustee or officer may not be unreasonable and may not be calculated, directly or indirectly, as a percentage of contributions collected. [1993 c.615 §12]
Note:
See note under 750.301.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.321 - Assessment; maintenance of capital and surplus.

(1) Benefit plans issued by a trust must provide for a charge or deposit payable in cash and, except as provided in this section, for an assessment against member employers for purposes of subsection (2) of this section at least equal to one month’s contribution by the employer. The assessment may be prefunded. A member employer may not be liable under this subsection for an amount greater than the charge or deposit required in the plan.
(2) If at any time the capital and surplus of the trust are less than the requirement of ORS 750.309, the trust must immediately collect from member employers upon each plan a sufficient proportionate part of the amount assessable under subsection (1) of this section to restore the amount of capital and surplus required. An assessment of an employer under this subsection may not exceed the amount provided in the plan for an assessment for purposes of this subsection.
(3) In addition to assessments that may be collected under subsection (2) of this section, in the event of liquidation of a multiple employer welfare arrangement trust, the Director of the Department of Consumer and Business Services, acting in the capacity of receiver, may assess member employers an amount necessary to pay outstanding claims and costs necessary to administer the liquidation proceedings. An assessment of an employer under this subsection may not exceed the amount of one month’s contribution by the employer.
(4) A member employer of an association or group shall not be liable for any part of an assessment imposed under subsection (2) or (3) of this section in excess of the amount demanded within one year after the termination of the member employer’s participation in the plan. [1993 c.615 §13; 2001 c.318 §18]
Note:
See note under 750.301.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.323 - Notice of coverage under plan.

(1) A trust shall provide notice of the following in writing to each individual applying to be covered by a multiple employer welfare arrangement:
(a) The fact that the multiple employer welfare arrangement is subject to less stringent solvency protection and regulation than are insurers holding certificates of authority.
(b) The fact that in the event the trust does not pay medical expenses that are eligible for payment under the multiple employer welfare arrangement, the individuals covered through the multiple employer welfare arrangement may be liable for those expenses.
(2) Each evidence of health benefits provided through a multiple employer welfare arrangement must state that the coverage is obtained through a multiple employer welfare arrangement and that the coverage is not subject to the provisions of ORS 734.750 to 734.890 relating to the Oregon Life and Health Insurance Guaranty Association, and that if the multiple employer welfare arrangement or the trust issuing the coverage becomes insolvent, the Oregon Life and Health Insurance Guaranty Association has no obligation to pay claims under the coverage.
(3) The notice required under subsection (1) of this section and the statement required under subsection (2) of this section are subject to prior review and approval by the Director of the Department of Consumer and Business Services. [1993 c.615 §14]
Note:
See note under 750.301.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.325 - Filings by trust.

(1) Each multiple employer welfare arrangement holding a certificate of multiple employer welfare arrangement must file an annual financial statement with the Director of the Department of Consumer and Business Services. The statement must conform to the requirements of ORS 731.574 applicable to annual statements filed by insurers. The director may request additional filings as the director determines necessary.
(2) Each annual financial statement filed under subsection (1) of this section must be audited by a certified public accountant according to the requirements of ORS 731.488 and rules adopted thereunder.
(3) An actuarial opinion regarding reserves for known claims and associated expenses and incurred but not reported claims and associated expenses must be included with the audited annual statement.
(4) Not later than the 45th day after the end of each calendar quarter, each trust holding a certificate of multiple employer welfare arrangement must file with the director:
(a) An unaudited financial statement, affirmed by an appropriate officer of the trust or a representative authorized by the trust to make such an affirmation.
(b) A report certifying that the trust maintains reserves according to the requirements of ORS 750.315 that are sufficient to meet its contractual obligations, and that the trust maintains a policy for excess loss insurance issued by an insurer authorized to do business in this state. [1993 c.615 §15]
Note:
See note under 750.301.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.327 - Examinations.

A multiple employer welfare arrangement and its board of trustees and each administrator, insurer or trustee related to the trust or multiple employer welfare arrangement are subject to investigation and examination in the same manner and to the same extent as an insurer under ORS 731.296 to 731.316. [1993 c.615 §16]
Note:
See note under 750.301.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.329 - Taxation.

(1) A multiple employer welfare arrangement is subject to taxation to the same extent and in the same manner as an insurer transacting health insurance in this state.
(2) For purposes of this section, contributions received by a trust for a multiple employer welfare arrangement shall be considered to be premiums received for insurance. [1993 c.615 §17; 1995 c.786 §11]
Note:
See note under 750.301.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.331 - Prohibited activities for trustee or officer.

In addition to limitations and restrictions imposed by the federal Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. 1001 et seq., on trustees or officers in their capacity as fiduciaries, a trustee or officer of a trust carrying out a multiple employer welfare arrangement shall not do any of the following:
(1) Receive directly or indirectly any payment for negotiating, procuring, recommending or aiding in:
(a) Any purchase by or sale to the trust; or
(b) Any loan from the trust.
(2) Be pecuniarily interested, as principal, coprincipal, agent or beneficiary, in a purchase, sale or loan described in subsection (1) of this section. [1993 c.615 §18]
Note:
See note under 750.301.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.335 - Delinquency proceedings.

The Director of the Department of Consumer and Business Services may initiate and carry out supervision and delinquency proceedings against a trust carrying out a multiple employer welfare arrangement in the same manner as provided with regard to insurers under ORS chapter 734. [1993 c.615 §20]
Note:
See note under 750.301.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.337 - Exclusion from membership in guaranty funds, joint underwriting associations and other pools.

(1) A trust carrying out a multiple employer welfare arrangement may not be permitted to join or contribute financially to any insurance insolvency guaranty fund or similar mechanism in this state. Neither such a trust nor its insureds may receive any benefit from any such fund for claims arising out of the operations of the multiple employer welfare arrangement.
(2) A trust carrying out a multiple employer welfare arrangement may not participate in any joint underwriting association or mandatory liability pool established under the laws of this state. [1993 c.615 §21; 1995 c.603 §39]
Note:
See note under 750.301.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.339 - Liability of excess loss insurer.

An insurer who provides excess loss insurance under ORS 750.309 to a multiple employer welfare arrangement that is offering or providing health benefits in this state without a certificate of multiple employer welfare arrangement or to employers or employees participating in such a multiple employer welfare arrangement shall be liable for any unpaid claims of the multiple employer welfare arrangement. [1993 c.615 §22]
Note:
See note under 750.301.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.341 - Requirement for multiple employer welfare arrangement to become traditional insurer.

A trust carrying out a multiple employer welfare arrangement shall not provide coverage to more than 20,000 lives unless the trust first obtains a certificate of authority as an insurer in this state. [1993 c.615 §23]
Note:
See note under 750.301.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.505 - Definitions for ORS 750.505 to 750.715.

As used in ORS 750.505 to 750.715:
(1)(a) "Administration fee" means a nominal fee that:
(A) A legal access provider pays to an attorney;
(B) Is not more than $6 per month for each of the legal access provider’s customers, or a greater amount that the Director of the Department of Consumer and Business Services specifies by rule; and
(C) Covers overhead and administrative expenses that the attorney incurs in providing legal consultations or other legal services to a legal access provider’s customers.
(b) "Administration fee" does not include fees, charges or other compensation that an attorney charges to the attorney’s client for legal services or a reimbursement that a legal expense organization provides under a legal expense plan.
(2) "Legal access provider" means a person that charges a fee to a customer for the purpose of providing the customer with access to legal consultations and other legal services and that pays an administration fee to an attorney.
(3)(a) "Legal expense organization" or "organization" means a person or group of persons that provide or offer to provide a legal expense plan, including a person that acts as the legal expense plan’s administrator.
(b) "Legal expense organization" or "organization" does not include a legal access provider.
(4) "Legal expense plan" or "plan" means an agreement between an organization and a person or a group of persons under which the organization, in return for a specified payment as consideration, reimburses the person or group of persons as members of the plan for charges the person or group of persons incurs for legal services.
(5) "Member" means a person who is eligible to receive legal services under a legal expense plan.
(6) "Membership agreement" means written evidence of coverage of a member under a plan between an organization and members.
(7) "Provider agreement" means a written contract or agreement between an organization and a providing attorney for rendering legal services to a member or group of persons.
(8) "Providing attorney" means any attorney licensed and in good standing in this state who provides legal services in accordance with a membership agreement or a provider agreement.
(9) "Sales or marketing representative" means a person who markets or solicits members for or on behalf of a plan. [1989 c.331 §2; 2015 c.504 §1]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.515 - Certificate of registration required.

A person shall not transact business as a legal expense organization or otherwise offer, provide, market or do business on behalf of a plan unless the person holds a valid certificate of registration as a legal expense organization. [1989 c.331 §3]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.525 - Inapplicability of ORS 750.505 to 750.715 to certain legal services.

ORS 750.505 to 750.715 do not apply to the following arrangements:
(1) A retainer contract that an attorney or firm of attorneys makes with a specific individual, under the terms of which the attorney or firm bases fees on reasonable estimates of the nature and amount of services the attorney or firm will provide, and similar contracts that an attorney or firm of attorneys makes with a group of clients involved in the same or closely related legal matters.
(2) Any two-party agreement for delivering specified legal services in return for a specified payment, including a fee for administering the agreement or services related to the agreement, under the terms of which an attorney or firm of attorneys arranges to provide legal services to a group of individuals who are all members of the same bona fide nonprofit membership organization, such as a church, trade group, credit union or association, or a group of individuals who are all employed by the same employer and the primary purpose of the nonprofit membership organization or the employer is other than providing legal services. An agreement is exempt from the application of ORS 750.505 to 750.715 under this subsection only if the agreement does not involve a third party such as a legal expense organization or sales or marketing representative in receiving any of the specified payments or in overseeing the delivery of the specified legal services.
(3) A referral of a client to an attorney, to the extent that a nonprofit lawyer referral service or public corporation such as a state or local bar association provides the referral and does not charge for the referral.
(4) Employee welfare benefit plans to the extent that Section 514 of the federal Employee Retirement Income Security Act of 1974, or successor legislation, preempts state regulation.
(5) Legal assistance plans financed primarily by public funds, interest on lawyers trust accounts funds under the regulation of the Oregon State Bar or other public service funds.
(6) Authorized insurers that offer legal expense insurance in this state.
(7) A legal access provider that pays only an administration fee to an attorney and does not pay for or reimburse a customer of the legal access provider for legal services that the attorney provides to the customer. [1989 c.331 §4; 2015 c.504 §2]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.535 - Registration requirements.

An applicant for registration as a legal expense organization must do all of the following in order to obtain registration:
(1) Apply for the registration under ORS 750.545.
(2) File with the Director of the Department of Consumer and Business Services in writing the address, including street and number, and mailing address, if different, of the organization’s initial registered office and the name of its initial registered agent at that office.
(3) Meet the following qualifications:
(a) The applicant must be financially responsible and the organization able to meet its obligations to its members.
(b) The directors, officers or managers of the organization must be competent, trustworthy and experienced managerially, as determined by the director after investigation or upon receipt of reliable information. [1989 c.331 §5]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.545 - Application; fee.

(1) An applicant for a certificate of registration shall apply to the Director of the Department of Consumer and Business Services on a form prescribed by the director. The application shall be accompanied by the applicable fee established by the director.
(2) An application shall include the following information:
(a) The applicant’s name and the address of the principal office of the organization.
(b) Whether the applicant or any of its directors, officers or managers has ever been convicted of or is under indictment for a crime, has ever had a judgment entered against it or any of them for fraud, and whether any license to act as an insurance producer or in any other occupational or professional capacity has ever been refused, revoked or suspended in this or any other state with respect to the applicant or any of its directors, officers or managers.
(c) A statement of the financial condition of the applicant or of the organization. The statement must be in a form satisfactory to the director and verified by an official of the organization.
(d) Any other information required by the director. [1989 c.331 §6; 1991 c.67 §203; 1991 c.401 §11; 2003 c.364 §171]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.555 - Issuance of certificate of registration.

(1) If the Director of the Department of Consumer and Business Services determines that an applicant has satisfied all requirements of ORS 750.535 and 750.545, the director shall issue the certificate of registration to the applicant.
(2) If the director denies a registration application, the director shall so inform the applicant, stating the grounds for the denial. [1989 c.331 §7]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.565 - Duration of certificate; renewal; fee.

(1) A certificate of registration of a legal expense organization is effective for one year from the date of issue.
(2) A legal expense organization may renew its certificate of registration by paying the applicable fee established by the Director of the Department of Consumer and Business Services. [1989 c.331 §8; 1991 c.401 §12]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.575 - Grounds for suspension or revocation of certificate or refusal to issue or renew certificate.

(1) The Director of the Department of Consumer and Business Services may suspend, revoke, refuse to issue or refuse to renew a certificate of registration for any one or any combination of the following reasons:
(a) Fraud or deceit in obtaining or applying for the certificate.
(b) Dishonesty, fraud or gross negligence in the transaction of insurance.
(c) Conduct resulting in a conviction of a felony under the laws of any state or of the United States, to the extent that such conduct may be considered under ORS 670.280.
(d) Conviction of any crime, an essential element of which is dishonesty or fraud, under the laws of any state or of the United States.
(e) Refusal to renew or cancellation, revocation or suspension of authority to transact insurance or business as a legal expense organization or similar entity in another state.
(f) Failure to pay a civil penalty imposed by final order of the director.
(2) An organization holding a certificate that has not been renewed or has been revoked shall surrender the certificate to the director at the director’s request.
(3) The director may suspend or refuse to renew a certificate immediately and without hearing pursuant to ORS 183.430 if the facts giving rise to such action demonstrate the organization to be a serious danger to the public’s safety, or untrustworthy to maintain the certificate.
(4) Except as provided in subsection (3) of this section, the director may suspend, revoke, refuse to renew or refuse to issue a certificate of registration only after giving an opportunity for a hearing pursuant to ORS chapter 183. [1989 c.331 §9]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.585 - Written provider agreement with providing attorney.

An organization shall not operate or offer a plan in this state unless the organization first enters into a written provider agreement with the providing attorney or attorneys. The following provisions apply to such an agreement:
(1) A provider agreement shall not contain any provision that allows the providing attorney to seek payment from a member, other than any copayments and deductibles scheduled in the agreement, in the event of nonpayment by the organization for any services that have been performed under the plan by the providing attorney; and
(2) A provider agreement shall contain a guarantee that the providing attorney will furnish plan services to plan members whether or not the providing attorney has been or will be paid under the plan. Provider agreements shall require providing attorneys to give plan members the full benefit of plan membership until the member leaves the plan or until the anniversary date of the date the plan member joined the plan, whichever comes first. [1989 c.331 §10]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.595 - Membership agreement.

An organization must provide a membership agreement to each member of a group that is a party to a legal expense plan. Each membership agreement shall contain at least the following:
(1) A listing and clear description of the legal services promised or for which expenses are to be reimbursed and a clear explanation of the limits of the services.
(2) The copayments, deductibles or fees, if any, that the member is required to pay.
(3) The name and address of the principal place of business of the legal expense organization offering the plan.
(4) If the plan offers a limited choice of providing attorneys, a mechanism for providing the services of an alternate attorney in case representation by the designated providing attorney would be improper, unethical or impractical under the circumstances.
(5) A provision for review for settling disagreements about the grounds for demanding an alternative attorney or any benefit.
(6) All criteria by which a member may be denied renewal of membership. [1989 c.331 §11]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.605 - Unfair, discriminatory or misleading provisions in agreements prohibited; record of transactions.

(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]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.615 - Deposit to reimburse members for unearned premiums required.

An organization shall deposit in an account that is maintained separately from operating funds an amount reasonably calculated to reimburse plan members for unearned premiums. The organization shall hold the amount in a fiduciary capacity. Records shall be kept of all deposits and receipts for a period of not less than six years. [1989 c.331 §14]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.625 - Paying providing attorney contingent on claims experience prohibited.

Compensation paid to a providing attorney shall not be contingent on claims experience. This section does not prevent the compensation of a providing attorney from being based on membership fees collected or the number of claims paid or processed, nor does it prevent a providing attorney from sharing in a fund based on services performed. [1989 c.331 §15]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.635 - Registered agent and registered office in state required.

(1) Each organization shall continuously maintain in this state a registered agent and registered office that may be, but need not be, the same as any of its places of business.
(2) A registered agent shall be:
(a) An individual who resides in this state and whose business office is identical to the registered office;
(b) A domestic corporation or domestic nonprofit corporation whose business office is identical to the registered office; or
(c) A foreign corporation or foreign nonprofit corporation authorized to transact business in this state whose business office is identical to the registered office.
(3) The Director of the Department of Consumer and Business Services shall be an agent of an organization upon whom process may be served whenever the organization fails to appoint or maintain a registered agent in this state or whenever the registered agent of the organization cannot with reasonable diligence be found at the registered office. [1989 c.331 §16; 2001 c.315 §57]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.645 - Annual report; content; names of sales and marketing representatives to be submitted.

(1) Each organization shall provide annually to the Director of the Department of Consumer and Business Services in as much detail as the director may require:
(a) A verified financial statement detailing the legal expense organization’s assets, liabilities, unearned premium reserve, loss records and such other items as the director may require so long as such reporting does not violate or conflict with the attorney-client privilege recognized under the laws of the State of Oregon; and
(b) A list of the names and addresses of the organization’s providing attorneys.
(2) Every legal expense organization shall submit to the director the names of its sales and marketing representatives and their addresses not later than January 1 and July 1 of each year. [1989 c.331 §§17,18]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.655 - Filing schedule of legal service rates required.

A legal expense organization shall file with the Director of the Department of Consumer and Business Services all schedules and tables of premium rates for legal service to be used on risks in this state, and shall file any amendments to or corrections of such schedules and tables. [Formerly 750.330]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.675 - Filing of provider and membership agreement with director.

An organization shall file with the Director of the Department of Consumer and Business Services a copy of the current membership agreement forms and the current provider agreement forms used by the organization, and a schedule of the rates charged its members. An organization shall file any material change in the provider agreement or membership agreement with the director prior to use. [1989 c.331 §12]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.695 - ORS 750.505 to 750.715 not to affect regulation of practice of law; plan not subject to Insurance Code.

(1) ORS 750.505 to 750.715 do not affect the regulation of the practice of law.
(2) Except as provided in ORS 750.505 to 750.715, legal expense plans are not subject to the Insurance Code. [1989 c.331 §20]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 750 - Health Care Service Contractors; Multiple Employer Welfare Arrangements; Legal Expense Organizations › Section 750.705 - Application of Insurance Code.

(1) The following provisions of the Insurance Code apply to legal expense organizations to the extent not inconsistent with the express provisions of ORS 750.505 to 750.715:
(a) ORS 731.004 to 731.026, 731.036 to 731.150, 731.158, 731.216 to 731.362, 731.385, 731.386, 731.398 to 731.430, 731.450, 731.454, 731.504, 731.508, 731.509, 731.510, 731.511, 731.512, 731.640 to 731.652, 731.730, 731.731, 731.735, 731.737, 731.804 and 731.844 to 731.992.
(b) ORS 732.230, 732.245, 732.250, 732.320, 732.325 and 732.517 to 732.546.
(c) ORS 733.010 to 733.050, 733.140 to 733.170, 733.210, 733.510 to 733.680 and 733.710 to 733.780.
(d) ORS 737.205, 737.215, 737.225, 737.235 to 737.340 and 737.505.
(e) ORS 742.001 to 742.009, 742.013 to 742.056 and 742.061.
(f) ORS 746.005 to 746.045, 746.065, 746.075, 746.100 to 746.130, 746.160 and 746.230 to 746.370.
(2) For the purposes of this section only, legal expense organizations shall be considered insurers. [Formerly 750.340; 1993 c.447 §119; 1995 c.79 §366; 2003 c.802 §178; 2005 c.22 §503]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 751 - Universal Health Care System › Section 751.101 - Report to Legislative Assembly.

(1) The Universal Health Plan Governance Board shall provide a status report no later than December 1 of each year, beginning in 2024, to the interim committees of the Legislative Assembly related to health, on the progress in the development of the comprehensive plan and any needed legislative changes.
(2) The report need not be in compliance with ORS 192.245. [2023 c.613 §3]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 752 - Professional Liability Funds › Section 752.005 - Definitions.

(1) For purposes of ORS 752.005 to 752.055, a "qualified member of a profession" means a person:
(a) Who holds a current license, certificate or registration in a profession which is regulated or governed by a board established by the Legislative Assembly;
(b) Whose principal office is in Oregon;
(c) Who is engaged in the private practice of the profession; and
(d) Who is not exempted by the commission from belonging to a professional liability fund managed by the commission.
(2) For purposes of subsection (1) of this section, a person is not engaged in the private practice of a profession if the person is a full-time employee of a corporation other than a corporation incorporated under ORS chapter 58, the state, an agency or department thereof, a county, city, special district or any other public or municipal corporation or any instrumentality thereof. However, a person who practices a profession outside of the person’s full-time employment is engaged in the private practice of the profession.
(3) For the purposes of subsection (1) of this section, the principal office of a person is considered to be the location where the person engages in the private practice of a profession more than 50 percent of the time engaged in that practice. In the case of a person in a branch office outside Oregon, if the main office to which the branch office is connected is in Oregon, the principal office of the person is not considered to be in Oregon unless the person engages in the private practice of a profession in Oregon more than 50 percent of the time engaged in that practice. [1987 c.774 §92]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 752 - Professional Liability Funds › Section 752.015 - Determination of need for professional liability fund.

(1) If the Director of the Department of Consumer and Business Services finds, after hearings, that qualified members of any profession are unable to obtain insurance for damages arising out of professional negligence or that such professional liability insurance is not available at a reasonable cost to such members, the director may determine that a professional liability fund is necessary. Any such fund shall be separate and distinct from the General Fund, and interest earned by the fund shall be credited to the fund.
(2) The director may not make a determination to implement a professional liability fund if:
(a) The lack of availability of insurance is due to legitimate insurance underwriting considerations, including past claims experience, licensing noncompliance or inadequate risk management; and
(b) Actuarial studies show that private insurers are adequately setting rates for professional liability coverage, that a professional liability fund would not ultimately provide insureds lower premiums and that there is not an adequate number of potential insureds to fund a professional liability fund.
(3) The director may contract for actuarial studies in order to make the determinations required by this section. [1987 c.774 §89; 1989 c.966 §68]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 752 - Professional Liability Funds › Section 752.025 - Commission; appointment; membership; term of office.

(1) After a determination of necessity by the director under ORS 752.015, the Governor may appoint a commission for each professional liability fund that the Director of the Department of Consumer and Business Services proposes to implement.
(2) Each commission appointed pursuant to subsection (1) of this section shall consist of nine individuals appointed by the Governor, subject to confirmation by the Senate in the manner described in ORS 171.562 and 171.565.
(3) Of the members of the commission, six shall be members of the profession and three shall be lay members.
(4) The term of office of each member is three years but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become effective for the unexpired term upon confirmation by the Senate. [1987 c.774 §§90,91]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 752 - Professional Liability Funds › Section 752.035 - Professional liability funds; establishment; minimum insurance coverage; authority of commission.

A professional liability fund commission appointed pursuant to ORS 752.025 shall establish a professional liability fund for qualified members of the appropriate profession. When a fund is established under this section:
(1) The commission shall require all qualified members of the profession to carry professional liability insurance offered by the fund with primary liability limits of at least $200,000.
(2) A professional liability fund established under this section shall pay, on behalf of qualified members of the profession, all sums as may be provided under the fund which any such member shall become legally obligated to pay as money damages because of any claim made against such member as a result of any act or omission of such member in rendering or failing to render professional services for others in the member’s professional capacity or caused by any other person for whose acts or omissions the member is legally responsible.
(3) The commission shall have the authority:
(a) To assess each person covered by the fund for contributions to the fund;
(b) To establish definitions of coverage to be provided by the fund;
(c) To employ legal counsel to represent the fund and to defend and control the defense of any person covered by the fund against whom a claim is made;
(d) To employ any persons necessary for the proper administration of the fund; and
(e) To contract with a local insurer to administer the fund. [1987 c.774 §93]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 752 - Professional Liability Funds › Section 752.045 - Rules; reports by commissions; exemption from Insurance Code and Insurance Guaranty Association.

(1) The Director of the Department of Consumer and Business Services shall adopt rules for the establishment of professional liability funds by the commissions described in ORS 752.025. Such rules shall include, but need not be limited to, rules requiring annual reports from the commissions.
(2) The commissions shall report to the director annually on the operations of the fund. The reports shall contain any information required by the director.
(3) A professional liability fund established under ORS 752.005 to 752.055 shall be subject to the rules of the director adopted under subsection (1) of this section. Such funds shall not be otherwise subject to the Insurance Code, and shall not participate in the Oregon Insurance Guaranty Association. [1987 c.774 §93a]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 756 - Public Utility Commission › Section 756.010 - Definitions.

As used in ORS chapters 756, 757, 758 and 759, except as otherwise specifically provided or unless the context requires otherwise:
(1) "Commission" means the Public Utility Commission of Oregon.
(2) "Commissioner" means a member of the Public Utility Commission of Oregon.
(3) "Customer" includes the patrons, passengers, shippers, subscribers, users of the service and consumers of the product of a public utility or telecommunications utility.
(4) "Environmental justice" means equal protection from environmental and health hazards and meaningful public participation in decisions that affect the environment in which people live, work, learn, practice spirituality and play.
(5) "Environmental justice communities" includes communities of color, communities experiencing lower incomes, tribal communities, rural communities, coastal communities, communities with limited infrastructure and other communities traditionally underrepresented in public processes and adversely harmed by environmental and health hazards, including but not limited to seniors, youth and persons with disabilities.
(6) "Municipality" means any city, municipal corporation or quasi-municipal corporation.
(7) "Person" includes individuals, joint ventures, partnerships, corporations and associations or their officers, employees, agents, lessees, assignees, trustees or receivers.
(8) "Public utility" has the meaning given that term in ORS 757.005.
(9) "Rate" means any fare, charge, joint rate, schedule or groups of rates or other remuneration or compensation for service.
(10) "Service" is used in its broadest and most inclusive sense and includes equipment and facilities related to providing the service or the product served.
(11) "Telecommunications utility" has the meaning given that term in ORS 759.005. [Amended by 1971 c.655 §2; 1973 c.776 §14; 1977 c.337 §1; 1985 c.834 §6; 1987 c.447 §75; 1991 c.841 §1; 1995 c.733 §52; 2021 c.90 §1]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 756 - Public Utility Commission › Section 756.014 - Public Utility Commission; appointment; confirmation; term; removal.

(1) There is created the Public Utility Commission of Oregon. The commission shall be composed of three members appointed by the Governor, subject to confirmation by the Senate pursuant to section 4, Article III of the Oregon Constitution. No more than two of such members shall be of the same political party.
(2) Each commissioner shall hold office for the term of four years. A commissioner shall hold office until a successor has been appointed and qualified. The chairperson shall be designated by the Governor and shall serve as chairperson at the pleasure of the Governor.
(3) Any vacancy occurring in the office of commissioner shall be filled by appointment by the Governor to hold office for the balance of the unexpired term.
(4) The Governor may at any time remove a commissioner for any cause deemed by the Governor sufficient. Before such removal the Governor shall give the commissioner a copy of the charges, and shall fix a time when the commissioner can be heard, which shall not be less than 10 days thereafter. The hearing shall be open to the public. If the commissioner is removed, the Governor shall file in the office of the Secretary of State a complete statement of all charges made against the commissioner, and the findings thereon with a record of the proceedings. Such power of removal is absolute, and there is no right of review of the same in any court. [1985 c.834 §2; 1999 c.1102 §1]