Chapter 415 — Chapter 415

ORS 415.335 Order to liquidate. (1) An order to liquidate the business of a coordinated care organization shall direct the Oregon Health Authority to

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ORS 415.340 Oregon Health Authority to be appointed receiver in delinquency proceeding; powers and duties. (1) Whenever a receiver is to be appointed in delinquency proceedings for a coordinated care organization, the court shall appoint the Oregon Health Authority as the receiver. The court shall direct the receiver to take possession of the property of the coordinated care organization and to administer the property as ordered by the court

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ORS 415.341 Immunity from civil liability for receivers. (1) The following persons are entitled to protection under this section

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ORS 415.350 Right to assets of CCO fixed as of date of order to liquidate. The rights and liabilities of the coordinated care organization, its creditors and all other persons interested in its assets shall, unless otherwise directed by the court, be fixed as of the date on which an order directing the liquidation of the coordinated care organization is filed in the office of the clerk of the court that made the order, subject to the provisions of ORS 415.404 with respect to the rights of claimants holding contingent claims. [2019 c.478 §50]

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ORS 415.400 Filing proof of claim against CCO declared by court to be insolvent. (1) A court may make an order declaring a coordinated care organization insolvent at the time it grants an order of liquidation or at any time during the liquidation proceedings. When the order is issued, the Oregon Health Authority shall provide notice, in the manner determined by the court, to all persons who may have claims against the coordinated care organization and who have not filed proper proofs of their claims. The notice must instruct the persons to present their claims to the authority, at a specified place, within four months from the date of the entry of the insolvency order or within a longer time as the court prescribes. The notice must specify the last day that persons may file proofs of claims

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ORS 415.401 Requirements for proof of claim. (1) All claims against a coordinated care organization against which delinquency proceedings have been begun shall

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ORS 415.402 Preference of claims. Except as provided in ORS 415.406 for secured claims, the claims to be paid in full in delinquency proceedings against a coordinated care organization prior to the payment of any other claims, and the order of payment, shall be

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ORS 415.403 Priority of preferred claims. All claims that are preferred under the laws of the state, whether owing to residents or nonresidents, shall be given equal priority of payment from the general assets of a coordinated care organization in a delinquency proceeding against the coordinated care organization regardless of where the assets are located. [2019 c.478 §39]

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ORS 415.404 Contingent claims. (1) A contingent claim against a coordinated care organization shall be filed, presented and reported in the same manner and within the same time limitations as provided in ORS 415.400 for a noncontingent claim. Contingent claims shall be allowed to share in a distribution of assets in the same manner as noncontingent claims of the same class and priority, provided that the contingent claim becomes an absolute claim either as a result of proof presented or litigation

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ORS 415.405 Priority of special deposit claims. The owners of special deposit claims against a coordinated care organization for which a receiver is appointed shall be given priority against their several special deposits in accordance with the provisions of the statutes governing the creation and maintenance of the deposits. If there is a deficiency in any deposit so that claims secured by the deposit are not fully discharged, the claimants may share in the general assets of the coordinated care organization after

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ORS 415.406 Priority of secured claims. The owner of a secured claim against a coordinated care organization for which a receiver has been appointed may surrender the security and file a claim as a general creditor, or the claim may be discharged by resort to the security, in which case the deficiency, if any, shall be treated as a claim against the general assets of the coordinated care organization on the same basis as claims of unsecured creditors. [2019 c.478 §47]

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ORS 415.420 Attachment or garnishment prohibited during delinquency proceeding. During the pendency of a delinquency proceeding against a coordinated care organization, an action or proceeding to obtain an attachment, garnishment or execution may not be commenced or maintained in the courts of this state against the delinquent coordinated care organization or its assets. An attachment, garnishment or execution obtained prior to the commencement of a delinquency proceeding or at any time thereafter shall be void as against any rights arising in the delinquency proceeding unless the attachment, garnishment or execution obtained by the action or proceeding was obtained more than four months prior to the commencement of the delinquency proceeding. [2019 c.478 §40]

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ORS 415.422 Voidable transfers or liens. (1) A transfer of or lien upon the property of a coordinated care organization, other than as provided in ORS 415.420, is voidable if the transfer or lien is

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ORS 415.424 Offsets of mutual debts or credits. Offsets may not be allowed in cases of mutual debts or mutual credits between the coordinated care organization and another person in connection with a delinquency proceeding, except with respect to reinsurance. [2019 c.478 §43]

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ORS 415.430 Liability of member of CCO to pay provider for cost of care. (1) For the purpose of this section only, and only in the event of a finding of impairment by the Oregon Health Authority, as described in ORS 415.203, or of a final order of liquidation, any covered health care service furnished within this state by a provider to a member of a coordinated care organization shall be considered to have been furnished pursuant to a contract between the provider and the coordinated care organization with whom the member was enrolled when the services were furnished

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ORS 415.500 As used in this section and ORS 415.501 and 415.505

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ORS 415.501 Procedures for review of material change transactions; rules. (1) The purpose of this section is to promote the public interest and to advance the goals set forth in ORS 414.018 and the goals of the Oregon Integrated and Coordinated Health Care Delivery System described in ORS 414.570

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ORS 415.505 Conflicts of interest prohibited. (1) An officer or employee of the Oregon Health Authority who is delegated responsibilities in the enforcement of ORS 415.501 or rules adopted pursuant to ORS 415.501 may not

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ORS 415.510 Quadrennial study of impact of health care consolidation. Every four years, the Oregon Health Authority shall commission a study of the impact of health care consolidation in this state. The study must review consolidation occurring during the previous four-year period and include an analysis of

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ORS 415.512 Fees; rules. (1) The Oregon Health Authority shall prescribe by rule a fee to be paid under ORS 415.501 (3), proportionate to the size of the parties to the transaction, sufficient to reimburse the costs of administering ORS 415.501

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ORS 415.900 Civil penalties. (1) In addition to any other penalty imposed by law, the Director of the Oregon Health Authority may impose a civil penalty, as determined by the director, for a violation of ORS 413.037 or 415.501. The amount of the civil penalty may not exceed $10,000 for each offense. The civil penalty imposed on an individual health professional may not exceed $1,000 for each offense

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ORS 415.990 [Repealed by 1957 c.388 §17]

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