2007 legislation related to insurance

Introduction

• Issues relating to health insurance and to coverage of health needs were particularly prominent in the 2007 session of the Oregon Legislative Assembly. Major legislation included a requirement that health insurers provide consumers with advance estimates of costs for certain medical procedures, an expansion of the small employer group pools to a maximum of 50 employees, public access to health insurance rate filings, and several mandated health insurance benefits.

  Topics addressed in other areas of insurance include the regulation of variable annuities as securities, and the expansion of recovery available under motor vehicle liability insurance policies when a public body is at fault or when a family member is injured.

  Other bills of interest are those that will expedite the review and approval of policy forms for life insurance, annuities and disability insurance; reduce minimum group membership requirements for life insurance; enact the Oregon Consumer Theft Protection Act; and eliminate the guaranty contract requirement for workers’ compensation insurance.

  Of general interest is legislation providing for the licensing and regulation of discount medical plan organizations and for a warranty program for vehicle theft protection products. Of interest to domestic insurers is legislation affecting residency requirements for members of an insurer’s board of directors.

Insurance Regulation Generally

• SB 603 (ch 433) Domestic insurers; Reduction of residency requirements for directors

  SB 603 gives domestic insurers more flexibility in choosing members for their boards of directors by reducing the minimum percentage of members who must be Oregon residents from one-third to one-quarter of the directors. Minimum membership of resident directors must now be the lesser of five directors or one-quarter of the board.

  Effective date: June 15, 2007.

  Enrolled bill: HTML version;   PDF version

Health Insurance

• SB 3 (ch 788) Oregon Healthy Kids Program

  SB 3 establishes the Oregon Healthy Kids Program to provide affordable and accessible health care to children. The program is composed of:

  1. Medical assistance administered by the Department of Human Services, provided to children under state programs funded under the federal Social Security Act; under the Children’s Health Insurance Program, also funded under the federal Social Security Act; and under state programs funded by the legislature;
  2. A private health option administered by the Office of Private Health Partnerships;
  3. A statewide Healthy Kids Advice Line; and
  4. A statewide Healthy Kids Healthcare Access Line used in conjunction with statewide enrollment and retention efforts.

  SB 3 also requires the Office of Private Health Partnerships to expand private coverage for children, and provides for grant and subsidy programs.

  SB 3 takes effect only if Senate Joint Resolution 4 is approved by Oregon voters.

  Enrolled bill: HTML version;   PDF version

• SB 8 (ch 566) Mandated coverage for oral anticancer medication

  SB 8 requires health benefit plans that provide coverage for cancer chemotherapy treatment to provide coverage of orally administered anticancer medications. This mandated benefit is exempted from automatic repeal under ORS 743.700.

  Enrolled bill: HTML version;   PDF version

• SB 59 (ch 313) Mandated coverage for acupuncture services by acupuncturist

  SB 59 requires individual and group health insurance policies to cover acupuncture services performed by a licensed acupuncturist when the policy provides coverage for acupuncture services performed by a physician. The bill reenacts this mandated benefit, which was repealed in 2001, and also exempts the benefit from automatic repeal under ORS 743.700.

  Enrolled bill: HTML version;   PDF version

• SB 153 (ch 484) Limitation on insurer denial of state Medicaid claims

  SB 153 prohibits a health insurer or other managed care entity from denying a claim submitted by the state Medicaid agency or a prepaid managed care health services organization based on the date of submission of the claim, the type or format of the claim form or failure to present proper documentation at the point of sale that is the basis of the claim, if:

  1. The agency or organization submits the claim within a three-year period beginning on the date in which the health care item or service was furnished, and
  2. Any action by the agency or organization to enforce its rights with respect to the claim is begun within six years of the agency’s submission of the claim.

  The prohibition applies to an employee benefit plan, self-insured plan, managed care organization or group health plan, a third party administrator, fiscal intermediary or pharmacy benefit manager of the plan or organization, or other party that is by statute, contract or agreement legally responsible for payment of a claim for a health care item or service.

  SB 153 also requires a health insurer or other managed care entity to provide specified information to the state Medicaid agency or prepaid managed care health services organization, upon request by the agency or organization.

  The need for this conforming legislation arose from amendments to the Social Security Act in the federal Debt Reduction Act at 42 USC 1396a(a)(25).

  Effective date: June 20, 2007.

  Enrolled bill: HTML version;   PDF version

• SB 191 (ch 486) Long-term care insurance

  SB 191 enables Oregonians to benefit from recent federal legislation (the Long-Term Care Insurance Partnership Act) by permitting those who purchase partnership long-term care insurance policies to access Medicaid services, once policy benefits are exhausted, and protect assets up to the amount of policy benefits received. The bill incorporates consumer protections and insurance policy provisions required under the federal legislation and establishes specific training requirements for insurance producers selling long-term care insurance. The bill also enables this state’s Medicaid program to participate in the Long-Term Care Insurance Partnership Act and allows for protection of estate assets.

  SB 191 took effect June 24, 2007, in order to allow rulemaking. The substantive provisions of the bill become operative January 1, 2008.

  Enrolled bill: HTML version;   PDF version

• SB 244 (ch 800) Retention of genetic material

  SB 244 authorizes a health insurer to retain genetic information of an individual without authorization from the individual or a personal representative of the individual if the retention is for treatment, payment or health care operations. The bill also authorizes a health insurer to disclose to another covered entity the genetic information of an individual without authorization if disclosure is made for health care operations activities and the other entity has a relationship with the individual.

  Effective: July 17, 2007.

  Enrolled bill: HTML version;   PDF version

• SB 491 (ch 504) Mandated coverage for bilateral cochlear implants

  SB 491 requires a health insurance policy that covers a cochlear implant to provide coverage for bilateral cochlear implants. A cochlear implant is an electronic device surgically implanted to address deafness. To prevent unfair claims processing by insurers, the bill also specifies a minimum standard for a reasonable investigation of a claim for cochlear implants. This bill does not require cochlear implants themselves, but requires only that if they are covered, bilateral implants must be covered as well. This bill also exempts this mandated benefit from automatic repeal under ORS 743.700.

  Enrolled bill: HTML version;   PDF version

• SB 586 (ch 242) Individual policies; selection of coverage

  SB 586 makes permanent a temporary provision, enacted in 2003, that authorizes an insurer to specify which of its individual health benefit plans will be offered to an applicant. Applicants whose choice of plans is limited by a carrier have the option of obtaining coverage through the Oregon Medical Insurance Pool. Prior to the temporary provision, a carrier either had to deny coverage to an applicant or allow the applicant to select coverage from any of the plans offered by the carrier.

  Enrolled bill: HTML version;   PDF version

• SB 676 (ch 346) Mandated coverage for services by physician assistants

  SB 676 expands the existing law mandating health insurance coverage of services by a physician assistant to require payment whenever the claim is submitted directly by the physician assistant instead of the supervising physician. Prior to this change, payment has been required only when the medical services are provided by a physician assistant in a location, normally a rural area, in which a supervising physician does not regularly practice.

  Enrolled bill: HTML version;   PDF version

• SB 989 (ch 826) Exemption of public bodies from Insurance Code when providing health coverage to employees

  SB 989 expands the number of public bodies that are exempt from regulation under the Insurance Code when they self-insure their health insurance coverage. First, the bill will allow the exemption of school and community college districts whose covered employees and dependents and retired employees and dependents number at least 500. Prior to this change, the exemption applied if the number of covered employees and retired employees of a school or community college district, not including dependents, was 1,000 or more. Second, other public bodies that jointly or individually self-insure their health insurance coverage will be able to include dependents along with employees and retired employees in order to meet the minimum number of participants required for the exemption.

  Effective: July 17, 2007.

  Enrolled bill: HTML version;   PDF version

• HB 2002 (ch 389) Expansion of small employer group pool for small group health insurance

  HB 2002 strengthens the health insurance marketplace for Oregon small businesses by:

  1. Expanding the rate band from 2.5:1 to 3:1, allowing a 50 percent deviation from the geographic average rate.
  2. Expanding the small employer group pool to include businesses employing up to 50 employees, and
  3. Allowing variations from the rate band to be based on additional factors. These include the ages of dependents of enrolled employees; the level of contribution by a small employer and by employees; the level of tobacco use by enrolled employees and dependents; the level at which enrolled employees and dependents engage in health promotion, disease prevention or wellness programs; and the extent to which there are periods of uninterrupted coverage. Adjustment may also be made to reflect a small employer’s expected claims experience.

  Effective: June 13, 2007

  Enrolled bill: HTML version;   PDF version

• HB 2213 (ch 390) Cost of health services, transparency for consumers

  HB 2213 requires health insurers to provide consumers with advance estimates of average costs for specific medical procedures and services. The estimate of the out-of-network costs will include the difference between the insurer's allowable charge and the billed charge for the procedure or service.

  HB 2213 also requires health insurers to submit to the DCBS director:

  • Upon request by the director, the methodology used to determine allowable charges for out- of-network procedures and services;
  • For approval, a written explanation of the method used by the insurer to determine the allowable charge, to be provided to enrollees upon request; and
  • Information prescribed by the director as necessary to evaluate the effect of the requirements of this legislation for disclosure of advance estimates of average costs for specific medical procedures and services

  The requirements for estimates become operative July 1, 2009.

  Enrolled bill: HTML version;   PDF version

• HB 2348 (ch 128) Coverage of medical expenses arising from use of alcohol or controlled substance

  HB 2348 requires an individual health insurance policy to cover the medical treatment of injuries or illnesses caused in whole or part by the insured’s use of alcohol or a controlled substance to the same extent as treatment of injury or illness not caused by the use of alcohol or a controlled substance. Prior to this change, the law authorized individual policies to exclude coverage for loss resulting from insureds being intoxicated or under the influence of a controlled substance other than as directed by a physician.

  This required coverage is extended to individual policies issued by health care service contractors. This requirement did not apply to health care service contractors prior to this legislation.

  Enrolled bill: HTML version;   PDF version

• HB 2517 (ch 374) Mandated coverage for prosthetic, orthotic devices

  HB 2517 requires individual and group health insurance policies to cover medically necessary prosthetic and orthotic devices. Coverage includes all medically necessary related services and supplies, and repair or replacement. An “orthotic device” is defined as a rigid or semi-rigid device supporting or affecting a limb, back or neck, and a “prosthetic device” is defined as an artificial limb replacing an arm or leg.

  The DCBS director will adopt and annually update rules listing the prosthetic and orthotic devices covered by this bill. The list must include at least the list of devices listed in the Medicare fee schedule for durable medical equipment, prosthetics, orthotics and supplies.

  Enrolled bill: HTML version;   PDF version

• HB 2700 (ch 182) Mandated coverage of contraceptives and related services

  HB 2700 requires a health benefit plan or student health insurance policy to cover prescription contraceptives if the plan or policy includes a prescription drug benefit. The bill also requires coverage of related outpatient consultations and other necessary services, if the services are covered for other drug benefits. These requirements also apply to prescription drug benefit programs. The bill provides an exemption for religious employers.

  HB 2700 also requires hospitals to inform victims of sexual assault about emergency contraception and treatment options, and to provide emergency contraception upon request. HB 2700 further prohibits public bodies from hindering access to contraception by consenting adults.

  Enrolled bill: HTML version;   PDF version

• HB 2918 (ch 872) Mandated coverage for developmental disorders

  HB 2918 requires a health benefit plan to cover medical services for a child (under 18 years) with a pervasive developmental disorder. Medical services must include rehabilitation services and may be subject to provisions of the health benefit plan that apply to covered services, such as copayments and deductibles, and treatment limitations. The bill defines a pervasive developmental disorder as a neurological condition that includes Asperger’s syndrome, autism, developmental delay, developmental disability or mental retardation.

  This mandated benefit is exempt from automatic repeal under ORS 743.700.

  Enrolled bill: HTML version;   PDF version

• HB 3103 (ch 391) Public access to health insurance ratemaking filings

  HB 3103 requires DCBS to make carriers’ rate filings for individual, portability and small employer group health benefit plans available for public inspection. DCBS will implement this bill by posting filings on the DCBS Insurance Division’s web site. The bill authorizes the director of DCBS, upon request by a carrier, to exempt any part of the filing that the director determines to contain trade secrets and that would harm competition if disclosed.

  Enrolled bill: HTML version;   PDF version

• HB 3321 (ch 752) Health insurance, group insurance for associations

  HB 3321 exempts health benefit plans issued to a small employer group through an association health plan from the statutes governing small employer group plans, if the association plans meet standards for initial premiums, do not discriminate in membership based on enrollees’ health status, and maintain high retention rates. This exemption applies to health benefit plans issued or renewed on or after the effective date of this bill and before January 2, 2014. The bill requires DCBS to monitor association health plan data and report the findings to the next Legislative Assembly, and applies equally to out-of-state association plans.

  HB 3321 also subjects master policies issued in another state to an association, trust or multiple employer welfare arrangement to review and approval by DCBS before coverage under the master policy may be marketed to Oregon residents.

  Effective July 12, 2007.

  Enrolled bill: HTML version;   PDF version

Life Insurance

• SB 257 (ch 393) Variable annuities, increased protections

  SB 257 makes variable annuities, which are currently regulated as insurance, also subject to state securities regulation. The effect is to create broader enforcement authority and to improve supervision of brokers who sell annuities. State securities regulation requirements include registration of variable annuity products for sale, ensuring that insurance producers have the proper securities licensing to sell the product, and compliance with sales regulations.

  SB 257 applies to variable annuities offered for sale on or after January 1, 2008.

  Enrolled bill: HTML version;   PDF version

• HB 2224 (ch 544) Review and approval of policy forms for life insurance, annuities and disability insurance

  HB 2224 streamlines the review of certain life insurance policy forms that have already been approved under consumer protection standards established by the Interstate Insurance Product Regulation Commission. Specifically, the bill authorizes the DCBS director to approve use of policy forms for specific categories of life insurance, annuities or disability insurance in this state without specific review of filed policy forms by DCBS, but only if the commission has approved the forms and the DCBS director determines that the commission’s approval process, taken as a whole, gives policyholders substantially the same protection as or better protections than the approval process available under Oregon law. The DCBS director will specify by rule the insurance categories to which this authority will apply.

  HB 2224 took effect June 22, 2007 and stands to be repealed on January 2, 2012.

  Enrolled bill: HTML version;   PDF version

• HB 3484 (ch 560) Life insurance, group policies; access to coverage

  HB 3484 authorizes DCBS to include annuity premium in its assessment of Oregon-generated premium amounts for the purpose of funding DCBS regulation under the Insurance Code. Prior to this change, annuity premium had been exempt for this purpose. The bill reduces minimum membership requirements for a group of people to be insured under a group life insurance policy, to require that no fewer than two lives be insured when the policy is issued. The bill also allows premiums for a group life insurance policy to be paid by the group policyholder, or by persons insured under the policy, or both. Prior to this change, state law did not allow an individual to pay group life premiums directly.

  Effective: June 22, 2007.

  Enrolled bill: HTML version;   PDF version

Property and Casualty Insurance

• SB 116 (ch 538) Towing business certificates; insurance

  SB 116 governs business practices by towers of vehicles, and amends a provision of the Motor Vehicle Code that governs the issuance of towing business certificates. One of the conditions for issuance is that the applicant must have a certificate of insurance to substantiate insurance coverage. The certificate of insurance is required to be issued by a licensed insurance company, and it must show that the person is insured with the minimum coverage required by law, contain the policy number and require the insurer to give the Department of Transportation written notice of the policy and to continue to be liable under the policy until the Department of Transportation receives the written notice or until the cancellation date in the written notice, whichever is later.

  Enrolled bill: HTML version;   PDF version

• SB 183 (ch 574) Premium relief to rural doctors for professional medical liability insurance

  SB 183 extends and restructures the existing program, enacted in 2003, for reduced-cost medical malpractice insurance that provides rate relief for rural doctors. The bill adds nurse practitioners to the program. The bill also extends the program to rural doctors and nurse practitioners who are covered through a health care facility, if they are not employees of the facility and if they meet certain other requirements. SB 183 also requires that a doctor or nurse practitioner be willing to serve patients with Medicare coverage and patients receiving Medicaid assistance.

  The program continues to prioritize obstetric care. It would originally have terminated at the end of 2007, but will now continue through 2011.

  Effective: June 25, 2007.

  Enrolled bill: HTML version;   PDF version

• SB 255 (ch 392) Motor vehicle liability insurance; personal injury protection benefits

  SB 255 provides that when an injured person sues to recover damages arising from an auto accident, the injured person’s auto insurer will pay its share of legal costs for recovery of personal injury protection (PIP) benefits from the insurer of the person at fault.

  Under current law, the auto insurer of the injured person may recover the PIP benefits in any of three ways: (1) directly from the at-fault driver’s insurer; (2) in the form of a lien against amounts recovered in a lawsuit; or (3) through subrogation. When the insurer of the injured person seeks recovery by lien or subrogation, the insurer of the injured person must pay its share of the legal costs. Prior to this legislation, however, it had been unclear whether these options are exclusive.

  SB 255 provides that if the injured person’s auto insurer does not seek to recover the PIP benefits directly from the at-fault driver’s insurer, the injured person’s insurer may recover the benefits only by lien under ORS 742.536 or through subrogation under ORS 742.538, ensuring that the injured person’s insurer will pay its share of legal costs.

  Enrolled bill: HTML version;   PDF version

• SB 256 (ch 328) Motor vehicle liability insurance; personal injury protection benefits; arbitration

  SB 256 provides for arbitration proceedings for resolving disputes about uninsured motorist coverage and personal injury protection benefits between the insurer and a person making a claim under the policy, when the parties agree to arbitration. For uninsured motorist disputes, the parties must submit the dispute to a panel of three arbitrators unless the parties agree otherwise. Each party chooses one arbiter and the two arbiters then choose the third. The proceeding must be conducted under the local court rules in the county in which the arbitration is held. PIP disputes must also be conducted under local court rules. Findings and awards made in arbitration are binding on the parties to the proceeding but not on any other party, and may not be used for collateral estoppel. This bill overturns a decision by the Oregon Supreme Court that held a consumer cannot recover from an at fault party if the consumer has lost in a PIP arbitration.

  These changes apply to motor vehicle liability policies issued or renewed on or after January 1, 2008 and before January 2, 2012.

  Enrolled bill: HTML version;   PDF version

• SB 523 (ch 506) Motor vehicle liability insurance; notice of consumer rights

  SB 523 improves the notice required to be given to consumers regarding their rights under motor vehicle liability insurance policies when a consumer takes a car to an auto body shop for repair of accident damage. The bill also requires equal treatment of claims, regardless of whether the consumer takes the car to a recommended auto body shop. Current law has prohibited an insurer from requiring the use of a particular shop, but prior to this legislation did not require the insurer or its adjuster to notify the insured of the prohibition and did not require comparable payments.

  SB 523 does the following:

  1. Requires the adjuster of a repair claim for an insurer to inform the insured person, before recommending a particular repair shop, that the insurer may not require repairs at a particular repair shop and that the person has a right to choose the repair shop.
  2. Specifies the notice that the adjuster must give if the adjuster recommends a repair shop.
  3. If the insured accepts the recommendation, requires the insurer to give the insured a statement that the vehicle will be repaired by the recommended repair shop to its pre-loss condition at no additional cost, other than as provided in the policy or by law.
  4. Prohibits an insurer, if the insured chooses to have the repair done at another repair shop, from limiting repair costs needed to return the car to pre-loss condition, other than as allowed in the policy or by law.

  Enrolled bill: HTML version;   PDF version

• SB 559 (ch 241) Workers’ compensation insurance; elimination of guaranty contracts

  Effective July 1, 2009, SB 559 removes the requirement that employers and insurers provide proof of workers’ compensation coverage by filing a guaranty contract with DCBS. A worker’s compensation insurance policy will take on the guaranty contract’s function, which is to provide that the insurer will assume the employer’s liability for prompt payment of compensation for compensable injuries. The insurer will be required to provide insurance policy information to DCBS as the proof of workers’ compensation coverage. Proof of coverage is also required after each renewal. The insurer must also notify the DCBS director when a workers’ compensation policy is cancelled. The bill streamlines reporting requirements for insurers and eliminates a duplicative filing with the state.

  Enrolled bill: HTML version;   PDF version

• SB 595 (ch 719) Limited insurance producer license, vehicle rental companies

  SB 595 expands the categories of vehicles for which vehicle rental companies may offer insurance under a limited license issued by DCBS. Prior to this change, rental companies offering automobiles, various kinds of vans, SUVs, pickup trucks, and certain small trucks could sell personal accident insurance covering the risks of travel, liability insurance for operation of a rental vehicle, personal effects insurance for loss occurring during the rental period, and roadside assistance and emergency sickness insurance. SB 595 allows these categories of insurance also to be sold by rental companies offering rental recreational vehicles, motorcycles, all-terrain vehicles, and trailers.

  Effective June 28, 2007.

  Enrolled bill: HTML version;   PDF version

• HB 2384 (ch 131) Uninsured motorist coverage

  HB 2384 deals with the interaction between a driver's motor vehicle liability insurance policy and a passenger's policy when the passenger is injured by a third party that is uninsured. Under ORS 742.504, the driver's uninsured motorist coverage is primary and pays first for the passenger's damages up to policy limits, and the passenger's policy pays second but only if the passenger has higher limits (i.e., if both the driver and passenger have the same limits, the passenger's policy will not pay). HB 2384 makes it clear that the passenger's policy is available where damages exceed the driver's limits and the passenger has higher limits.

  Effective May 9, 2007.

  Enrolled bill: HTML version;   PDF version

• HB 2385 (ch 287) Self-insurers; motor vehicle liability insurance coverage for permitted users

  HB 2385 requires self-insurers (e.g., rental car companies and car dealerships) to provide motor vehicle liability insurance coverage for their customers or other permitted users to meet the minimum financial responsibility requirements under the Motor Vehicle Code ($25,000 for bodily injury per person, $50,000 for bodily injury per accident, $10,000 for property damage per accident, and uninsured motorist coverage). Prior to this change, self-insurers had to meet minimum financial responsibility requirements under the Motor Vehicle Code, but they were not required to provide the same coverage for their customers or other permitted users.

  HB 2385 also requires that an insured’s uninsured motorist coverage and underinsurance coverage provide for recovery if the amounts recovered from a self-insurer are less than the limits for uninsured motorist coverage of the insured. Finally, the bill provides that the insurance coverage of the self-insurer's customer or other permitted user will pay first on a claim and the self-insurer will pay second.

  Effective June 1, 2007.

  Enrolled bill: HTML version;   PDF version

• HB 2654 (ch 648) Increased protection in residential construction

  HB 2654 combines legislative proposals by the Construction Claims Task Force, which was created in 2005 legislation, to do the following:

  1. Increases liability insurance coverage to include coverage for a contractor’s liability arising after completion of the construction project.
  2. Applies continuing education requirements for all persons licensed by the Construction Contractors Board.
  3. Requires a written contract that prohibits an original contractor from claiming a lien arising from improvement of real property if the contractor does not have a written contract for work when it is required.
  4. Requires a contractor for a new residential structure or zero-lot-line dwelling to offer a warranty to the first purchaser or owner of the structure or dwelling in writing.
  5. Compels a contractor for a new residential structure or zero-lot-line dwelling to furnish a recommended maintenance schedule to the first purchaser or owner.
  6. Increases bonding requirements for general contractors, licensed developers, specialty contractors, inspectors and limited contractors.

  This bill implements recommendations from the Construction Claims Task Force, which was created in 2005 legislation.

  Enrolled bill: HTML version;   PDF version

• HB 2751 (ch 210) Contractor liability insurance, grouping authority

  HB 2751 amends ORS 737.600 to exempt contractor liability insurance from the statutory prohibition against “fictitious grouping” in order to allow authorized insurers to compete in the market for group project liability insurance. “Fictitious grouping” is defined in ORS 737.600 to mean a grouping of persons for casualty insurance purposes by membership, agreement or method other than common ownership or common use and control. This market has been dominated by surplus lines carriers who are not subject to the limitations in the Insurance Code. The exemption will most affect project-based insurance on large construction projects. This bill implements a recommendation from the Construction Claims Task Force, which was created in 2005 legislation.

  Effective: May 30, 2007.

  Enrolled bill: HTML version;   PDF version

• HB 2783 (ch 656) Workers’ compensation insurance; termination of coverage

  HB 2783 increases from 30 to 45 days the notice that an insurer must give the DCBS director and an employer when the insurer seeks to terminate its liability under a guaranty contract or surety bond issued to the employer in connection with workers’ compensation insurance coverage. This notice requirement applies except when termination is based on the insurer’s decision not to offer coverage within a specific premium category or if termination is based on nonpayment of premium. The bill provides that for nonpayment, the notice requirement is 10 days.

  Effective: January 1, 2008

  Enrolled bill: HTML version;   PDF version

• HB 2908 (ch 457) Motor vehicle insurance, uninsured motorist coverage

  HB 2908 allows a person who is injured by a motor vehicle of a public body to recover from the person’s own uninsured motorist coverage when the person suffers damages greater than the amount the person is able to recover from the public body. Prior to this change, the person would be able to recover only an amount up to the maximum statutory limits on damages payable by a public body under the Oregon Tort Claims Act. Under this bill, an injured person’s uninsured motorist coverage must pay the difference if the coverage exceeds the maximum recoverable from the public body.

  Enrolled bill: HTML version;   PDF version

• HB 3086 (ch 782) Motor vehicle insurance, family exclusion

  HB 3086 requires a motor vehicle liability insurance policy to provide liability coverage for each family member of the insured living in the same household, in an amount equal to the amount of coverage purchased by the insured. HB 3086 also deals with the same issue addressed in HB 2908, regarding recovery by a person who is injured by a motor vehicle of a public body.

  Enrolled bill: HTML version;   PDF version

• HB 3490 (ch 692) Personal Injury Protection benefits; payment

  HB 3490 allows an insurer, upon receipt of a proof of loss, to make immediate payment of personal injury protection benefits for medical services under a motor vehicle insurance policy and to get repayment from the provider of the services if it later turns out that the insurer was not responsible for the payment. To obtain repayment, the insurer must send the provider a notice and an explanation of the incorrect payment. The provider must then promptly repay the insurer.

  Enrolled bill: HTML version;   PDF version

Other Insurance Legislation

• SB 179 (ch 716) Modification of tax apportionment formula for insurers

  SB 179 authorizes insurers with both in-state and out-of-state business activity to petition the Department of Revenue for modification of the tax apportionment formula used to apportion income between Oregon and out-of-state sources, if the existing formula does not apportion income fairly and equitably. SB 179 authorizes the department to modify the apportionment formula to achieve fair and equitable apportionment. The bill applies to tax years beginning on or after January 1, 2007. SB 179 affects tax apportionment and does not affect the regulation of insurance itself.

  Effective: September 27, 2007.

  Enrolled bill: HTML version;   PDF version

• SB 337 (ch 803) Notice of professional negligence claims to health professional regulatory boards

  SB 337 requires a primary insurer, public body, self-insured entity or health maintenance organization that provides medical malpractice coverage for health care practitioners to report a medical malpractice complaint against a covered practitioner to the board that regulates the practitioner. The amended statute had applied only to insurers providing professional liability insurance. The bill also extends the reporting requirement to claims against physician assistants and nurse practitioners. The bill provides for posting and disclosure of reports about claims and provides that a report is withdrawn if the board does not receive another report against the practitioner within the following four years.

  Effective July 17, 2007.

  Enrolled bill: HTML version;   PDF version

• SB 583 (ch 759) Oregon Consumer Theft Protection Act

  SB 583 protects Oregonians from identify theft by requiring those who own, maintain, possess or dispose of personal data to safeguard that data from unauthorized use. Consumers must be notified when their personal information is subject to a security breach. Every Oregonian may request a security freeze on his or her credit file maintained by a consumer reporting agency, and to temporarily lift the freeze for a period of time. The bill restricts the use and display of Social Security numbers. DCBS is authorized to enforce this legislation.

  SB 583 requires any person holding a consumer’s personal information for business or other purposes to implement protective safeguards for the personal information and its disposal. This bill establishes exemptions for persons subject to and complying with regulations under Title V of the Gramm-Leach-Bliley Act or with regulations implementing the Health Insurance Portability and Accountability Act of 1996.

  Effective: October 1, 2007.

  Enrolled bill: HTML version;   PDF version

• SB 687 (ch 174) Insurance Code exemption; transportation of human remains

  SB 687 exempts from the Insurance Code any prepaid transportation and arrangement for returning human remains from the place of death. Prior to this change, a prepayment for a promise to transport a human body in the event an individual dies away from home was subject to regulation under the Insurance Code as a kind of insurance agreement. The proposed exemption is consistent with the current exemption for ambulance services, and is necessary so that these similar functions are treated the same.

  Enrolled bill: HTML version;   PDF version

• HB 2007 (ch. 99) Domestic partnerships

  HB 2007 recognizes and authorizes domestic partnerships in Oregon. The bill defines a domestic partnership to mean a civil contract entered into in person between two individuals of the same sex who are at least 18 years of age, who are otherwise capable and at least one of whom is a resident of Oregon. Section 9, ch. 99, Oregon Laws 2007 states the general scope of legal rights and responsibilities to which domestic partnerships are subject.

  Effective: January 1, 2008

  Enrolled bill: HTML version;   PDF version

• HB 2104 (ch 539) Unclaimed property held by insurers and others; reduction of dormancy period and notice

  HB 2104 reduces the dormancy period for unclaimed property held by insurance companies, financial institutions and intangible equity interests, from five years to three years. This bill also changes the notification requirement from the holder of unclaimed property, replacing the requirement of notice by certified mail to notice by first class mail.

  Enrolled bill: HTML version;   PDF version

• HB 2221 (ch 272) Discount medical plan organizations; licensing, consumer disclosures

  HB 2221 establishes a licensing program in DCBS for discount medical plan organizations. These organizations contract with health care providers and provider networks for medical and related services to give consumers access, for a fee, to discounted services from the providers. The bill requires the plans to provide detailed consumer information. An organization must have a written contract with providers or provider networks who provide services at a discount, must provide a free-look period for purchasers of plans with a 30-day right to cancel and a toll-free customer assistance number, and must comply with refund requirements, advertising restrictions and disclosure standards.

  HB 2221 took effect June 1, 2007. The licensing program goes into operation July 1, 2008.

  Enrolled bill: HTML version;   PDF version

• HB 3386 (ch 685) Vehicle theft protection product warranty program

  HB 3386 creates a warranty program for vehicle theft protection products, administered by DCBS. The bill requires any person doing business as a warrantor of a vehicle theft protection product to register with DCBS and requires the seller or warrantor of the product to furnish the consumer a copy of the warranty.

  The registration program begins operation July 1, 2008.

  Enrolled bill: HTML version;   PDF version