Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 200 - DEPARTMENT REGULATORY PROGRAMS › Section 836-200-0305 - Retainer Medical Practice Application for Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The director of the Department of
			 Consumer and Business Services may certify a retainer medical practice for a
			 period of one year or more, if the applicant:
(a) Acts in accordance with the attestations
			 required by paragraph (c) of this section;
(b) Complies with and meets the requirements
			 of OAR 836-200-0300  to 836-200-0315  and sections (2) and (3), chapter 499,
			 Oregon Laws 2011 (Enrolled Senate Bill 86); and
(c) Completes and submits to the satisfaction
			 of the director a retainer medical practice application as set forth on the
			 website for the Division of Financial Regulation of the Department of Consumer
			 and Business Services at dfr.oregon.gov. As required on the form, the applicant
			 shall:
(A) Attest to the following:
(i) Under the retainer medical agreement
			 providers providing services are licensed or certified under ORS Chapters 677,
			 678, 684, or 685 and the services provided will be limited to primary care
			 services allowed within the scope of such licenses or certifications.
(ii) The applicant is not and has never been
			 authorized in this or any other state to transact insurance or act as an
			 insurer, managed care organization, health care services contractor, or similar
			 entity;
(iii) The applicant is not
			 controlled by any person described in subparagraph (ii) of this
			 paragraph;
(iv) The applicant will
			 structure the retainer medical practice to ensure that all services promised
			 under the retainer medical agreement are within the capacity of the practice to
			 provide in a timely manner;
(v) The
			 applicant is financially responsible and has the necessary business experience
			 or expertise to operate the practice;
(vi) The applicant will not discriminate
			 based on race, religion, gender, sexual identity, sexual preference, or health
			 status;
(vii) The applicant is
			 authorized to conduct business in the state of Oregon and has complied with all
			 registration requirements of this state; and
(viii) The information provided in the
			 application and all supplemental and additional information is true and
			 complete, and the applicant will submit to the jurisdiction of the courts of
			 the state of Oregon.
(B)
			 Establish to the satisfaction of the director that the applicant is financially
			 responsible. To establish that an applicant is financially responsible, the
			 applicant must provide all of the following:
(i) A statement of whether the applicant has
			 filed for bankruptcy during the 25-year period prior to the application or
			 renewal.
(ii) The applicant's
			 business plan, including a discussion of how the applicant intends to monitor
			 the practice to ensure the services promised under the retainer medical
			 agreement are provided in a timely manner. The plan must include a clear
			 description of how the retainer medical practice will ensure repayment of
			 retainer medical fees paid in advance if the retainer medical practice is
			 unable to provide the services promised under the retainer medical
			 agreement.
(iii) A copy of any
			 marketing materials and the retainer medical agreement that will be used for
			 the 12-month certification period and each subsequent renewal. The agreement
			 must include provisions that obligate the retainer medical practice to
			 reimburse retainer medical patients for retainer medical fees paid in advance
			 in the event the retainer medical practice is unable to provide services
			 promised under the retainer medical agreement.
(C) Establish that the applicant has the
			 necessary experience and expertise to operate a retainer medical practice by
			 providing all of the following:
(i) The name
			 of any other jurisdiction in which the applicant currently holds a license,
			 registration or certification to transact business as a retainer medical
			 practice or similar entity, or has held such a license or certification within
			 ten years prior to the date of the application.
(ii) A statement of whether any license or
			 registration of the applicant or any person with control of the applicant has
			 ever been denied, suspended, revoked or not renewed in this or any other state
			 and whether the applicant or any person with control of the applicant has
			 otherwise ever been the subject of an enforcement action taken by a licensing
			 or registration agency. For any action taken, the applicant shall provide the
			 name and address of the licensing or registration agency, the date of the
			 action taken against the license or registration and a description of the
			 reason for the action taken against the license or registration.
(iii) A biographical affidavit in the form
			 and manner prescribed by the director, completed by each member of the board of
			 directors, executive committee, or other governing board or committee of the
			 applicant; and
(iv) A statement
			 describing the background or training of the applicant that provides the
			 necessary business experience or expertise to operate a retainer medical
			 practice. The statement shall include the number of years the applicant has
			 been in practice. The statement may also include a description of any similar
			 business the applicant has operated, how many years the applicant operated the
			 similar business and any pertinent training or experience the applicant has
			 completed that has allowed the applicant to develop the necessary experience or
			 expertise to operate a practice. The experience need not be specific to a
			 retainer medical practice.
(D) Provide the names and Oregon license
			 numbers of all providers providing services through the medical retainer
			 practice.
(E) Provide the physical
			 and mailing address, telephone number, facsimile number, email address and
			 website address for each location providing retainer medical
			 services.
(F) Provide the name and
			 address for service of process for the retainer medical practice.
(G) Provide the name, mailing address,
			 telephone number, signature and email address of the person completing the
			 application on behalf of the applicant.
(H) Provide all names, including assumed
			 business names, under which the retainer medical practice will operate, market
			 or otherwise do business.