75 sections in this chapter.
ORS 743A.001 Automatic repeal of certain statutes on individual and group health insurance. (1) Except as provided in subsection (4) of this section, any statute described in subsection (2) of this section that becomes effective on or after July 13, 1985, is repealed on the sixth anniversary of the effective date of the statute, unless the Legislative Assembly specifically provides otherwise
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(2) This section governs any statute that applies to individual or group health insurance policies and does any of the following: (a) Requires the insurer to include coverage for specific physical or mental conditions or specific hospital, medical, surgical or dental health servi…
ORS 743A.010 Services provided by state hospital or state approved program. No policy of health insurance shall exclude from payment or reimbursement losses incurred by an insured for any covered service because the service was rendered at any hospital owned or operated by the State of Oregon or any state approved community mental health program or community developmental disabilities program. [Formerly 743.701; 2011 c.720 §221]
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[Repealed or reserved.]
ORS 743A.012 Emergency services. (1) As used in this section
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(a) “Behavioral health assessment” means an evaluation by a behavioral health clinician, in person or using telemedicine, to determine a patient’s need for immediate crisis stabilization. (b) “Behavioral health clinician” means: (A) A licensed psychiatrist; (B) A licensed psychol…
ORS 743A.014 Payments for ambulance care and transportation. (1) As used in this section, “health benefit plan” has the meaning given that term in ORS 743B.005
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(2) Notwithstanding ORS 743.543, with respect to a health benefit plan or a Medicare supplement insurance policy that provides coverage for ambulance care and transportation, the insurer shall indemnify directly the provider of the ambulance care and transportation. [Formerly 743…
ORS 743A.018 Services provided by osteopathic physician. (1) As used in this section
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(a) “Health benefit plan” has the meaning given that term in ORS 743B.005. (b) “Osteopathic physician” means a person who holds a degree of Doctor of Osteopathic Medicine and is licensed under ORS 677.100 to 677.228. (2) An insurer that offers a health benefit plan that reimburse…
ORS 743A.020 Services provided by acupuncturist. (1) An individual or group health insurance policy that provides coverage for acupuncture services performed by a physician shall provide coverage for acupuncture services performed by an acupuncturist licensed under ORS 677.757 to 677.770
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(2) The coverage required by subsection (1) of this section may be made subject to provisions of the policy that apply to other benefits under the policy, including, but not limited to, provisions related to deductibles and coinsurance and shall be computed in the same manner whe…
ORS 743A.024 Services provided by clinical social worker. Whenever any individual or group health insurance policy or blanket health insurance policy described in ORS 743.536 (3) provides for payment or reimbursement for any service within the lawful scope of service of a clinical social worker licensed under ORS 675.530
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(1) The insured under the policy shall be entitled to the services of a clinical social worker licensed under ORS 675.530, upon referral by a physician or psychologist. (2) The insured under the policy shall be entitled to have payment or reimbursement made to the insured or on b…
ORS 743A.028 Services provided by denturist. Notwithstanding any provisions of any policy of insurance covering dental health, whenever such policy provides for reimbursement for any service that is within the lawful scope of practice of a denturist, the insured under such policy shall be entitled to reimbursement for such service, whether the service is performed by a licensed dentist or a licensed denturist as defined in ORS 680.500. [Formerly 743.713]
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Note: 743A.028 was added to and made a part of the Insurance Code by law but was not added to ORS chapter 743A or any series therein. See Preface to Oregon Revised Statutes for further explanation.
ORS 743A.032 Surgical services provided by dentist. Notwithstanding any provision of a policy of health insurance, whenever the policy provides for payment of a surgical service, the performance for the insured of such surgical service by any dentist acting within the scope of the dentist’s license is compensable if performance of that service by a physician acting within the scope of the physician’s license would be compensable. [Formerly 743.719]
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[Repealed or reserved.]
ORS 743A.034 Services provided by expanded practice dental hygienist. (1) If a policy of insurance covering dental health provides for coverage for services performed by a dentist licensed under ORS chapter 679, the policy must also cover the services when they are performed by an expanded practice dental hygienist, as defined in ORS 679.010, who has entered into a provider contract with the insurer
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(2) The provisions of ORS 743A.001 do not apply to this section. [2011 c.716 §11] Note: 743A.034 was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 743A or any series therein. See Preface to Oregon Revised Statutes for furthe…
ORS 743A.036 Services provided by licensed nurse practitioner or licensed physician associate. (1) Whenever any policy of health insurance provides for reimbursement for a primary care or mental health service provided by a licensed physician, the insured under the policy is entitled to reimbursement for such service if provided by a licensed physician associate or a licensed nurse practitioner if the service is within the lawful scope of practice of the physician associate or nurse practitioner
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(2)(a) The reimbursement of a service described in subsection (1) of this section that is provided by a licensed physician associate or a licensed nurse practitioner who is in an independent practice shall be in the same amount as the reimbursement paid under the policy to a lice…
ORS 743A.040 Services provided by optometrist. Notwithstanding any provision of any policy of health insurance, whenever the policy provides for payment or reimbursement for a service that is within the lawful scope of practice of a licensed optometrist, the insurer shall provide payment or reimbursement for the service, whether the service is performed by a physician or a licensed optometrist. Unless the policy provides otherwise, there shall be no reimbursement for ophthalmic materials, lenses, spectacles, eyeglasses or appurtenances thereto. [Formerly 743.703]
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[Repealed or reserved.]
ORS 743A.044 Services provided by physician associate. (1) An insurer may not refuse a claim solely on the ground that the claim was submitted by a physician associate rather than by a physician, podiatric physician or employer with whom the physician associate has entered into a collaboration agreement, as defined in ORS 677.495
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(2) This section is exempt from ORS 743A.001. [Formerly 743.725; 2010 c.43 §9; 2021 c.349 §17; 2024 c.73 §155]
ORS 743A.048 Services provided by psychologist. Whenever any provision of any individual or group health insurance policy or contract provides for payment or reimbursement for any service which is within the lawful scope of a psychologist licensed under ORS 675.010 to 675.150
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(1) The insured under such policy or contract shall be free to select, and shall have direct access to, a psychologist licensed under ORS 675.010 to 675.150, without supervision or referral by a physician or another health practitioner, and wherever such psychologist is authorize…
ORS 743A.050 [Formerly 743.798; repealed by 2017 c.206 §16]
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[Repealed or reserved.]
ORS 743A.051 (1) Notwithstanding any provisions of a health benefit plan as defined in ORS 743B.005, whenever the plan provides for payment or reimbursement for a service that is within the lawful scope of practice of a pharmacist, the insurer
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(a) May provide payment or reimbursement for the service when the service is provided by a pharmacist; and (b) Shall provide, in the same manner as would be provided for any other health care provider, payment or reimbursement for: (A)(i) The prescription of emergency refills of …
ORS 743A.052 Services provided by professional counselor or marriage and family therapist. (1) If a group health benefit plan, as described in ORS 743B.005, provides for coverage for services performed by a clinical social worker or nurse practitioner, the plan also must cover services provided by a professional counselor or marriage and family therapist licensed under ORS 675.715 to 675.835 when the counselor or therapist is acting within the counselor’s or therapist’s lawful scope of practice
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(2) Health maintenance organizations may limit the receipt of covered services performed by professional counselors and marriage and family therapists to services provided by or upon referral by providers contracting with the health maintenance organization. Health maintenance or…
ORS 743A.058 Telemedicine services; rules. (1) As used in this section
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(a)(A) “Audio only” means the use of audio telephone technology, permitting real-time communication between a health care provider and a patient for the purpose of diagnosis, consultation or treatment. (B) “Audio only” does not include: (i) The use of facsimile, electronic mail o…
ORS 743A.060 Definition for ORS 743A.062. As used in ORS 743A.062, “peer-reviewed medical literature” means scientific studies printed in journals or other publications that publish original manuscripts only after the manuscripts have been critically reviewed by unbiased independent experts for scientific accuracy, validity and reliability. “Peer-reviewed medical literature” does not include internal publications of pharmaceutical manufacturers. [Formerly 743.695]
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[Repealed or reserved.]
ORS 743A.062 Prescription drugs. (1) As used in this section
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(a) “Conflict of interest” means: (A) Present employment, ownership or control by a covered entity, pharmaceutical manufacturer, pharmacy benefit manager or health benefit plan as defined in ORS 743B.005; or (B) Third party employment, ownership or control by a covered entity, ph…
ORS 743A.063 Ninety-day supply of prescription drug refills. (1) A prescription drug benefit program, or a prescription drug benefit offered under a health benefit plan as defined in ORS 743B.005, must provide for reimbursement for up to a 90-day supply of a prescription drug dispensed by a pharmacy, as defined in ORS 689.005, if
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(a) The prescription drug is covered by the program or plan; (b) An initial 30-day supply of the prescription drug has been previously dispensed to the program or plan member; and (c) The quantity of the prescription drug dispensed does not exceed the total remaining quantity of …
ORS 743A.064 Prescription drugs dispensed at rural health clinics. (1) All health insurance policies that provide a prescription drug benefit, except those policies in which coverage is limited to expenses from accidents or specific diseases that are unrelated to the coverage required by this subsection, must include coverage for prescription drugs dispensed by a licensed practitioner at a rural health clinic for an urgent medical condition if there is not a pharmacy within 15 miles of the clinic or if the prescription is dispensed for a patient outside of the normal business hours of any pharmacy within 15 miles of the clinic
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(2) The coverage required by subsection (1) of this section is subject to the terms and conditions of the prescription drug benefit provided under the policy. (3) As used in this section, “urgent medical condition” means a medical condition that arises suddenly, is not life-threa…
ORS 743A.065 Early refills of prescription eye drops for treatment of glaucoma. An insurer offering a health benefit plan, as defined in ORS 743B.005, that provides coverage of prescription eye drops shall provide coverage for one early refill of a prescription for eye drops to treat glaucoma if all of the following criteria are met
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(1) The refill is requested by an insured less than 30 days after the later of: (a) The date the original prescription was dispensed to the insured; or (b) The date that the last refill of the prescription was dispensed to the insured. (2) The prescriber indicates on the original…
ORS 743A.066 Contraceptives. (1) A prescription drug benefit program, or a prescription drug benefit offered under a health benefit plan as defined in ORS 743B.005 or under a student health insurance policy, must provide payment, coverage or reimbursement for
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(a) Prescription contraceptives; and (b) If covered for other drug benefits under the program, plan or policy, outpatient consultations, including pharmacist consultations, examinations, procedures and medical services that are necessary to prescribe, dispense, deliver, distribut…
ORS 743A.067 Reproductive health services. (1) As used in this section
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(a) “Contraceptives” means health care services, drugs, devices, products or medical procedures to prevent a pregnancy. (b) “Enrollee” means an insured individual and the individual’s spouse, domestic partner and dependents who are beneficiaries under the insured individual’s hea…
ORS 743A.068 Orally administered anticancer medication. (1) A health benefit plan that provides coverage for cancer chemotherapy treatment must provide coverage for a prescribed, orally administered anticancer medication used to kill or slow the growth of cancerous cells on a basis no less favorable than intravenously administered or injected cancer medications that are covered as medical benefits
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(2) As used in this section, “health benefit plan” has the meaning given that term in ORS 743B.005. (3) The provisions of ORS 743A.001 do not apply to this section. [2007 c.566 §2] Note: 743A.068 was added to and made a part of the Insurance Code by legislative action but was not…
ORS 743A.069 Insulin. (1) As used in this section
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(a) “Health benefit plan” has the meaning given that term in ORS 743B.005. (b) “Insulin” has the meaning given that term in ORS 689.696. (2) A health benefit plan offered in this state may not require an enrollee in the plan to incur cost-sharing or other out-of-pocket costs that…
ORS 743A.070 Nonprescription enteral formula for home use. (1) All policies providing health insurance, as defined in ORS 731.162, except those policies whose coverage is limited to expenses from accidents or specific diseases that are unrelated to the coverage required by this section, shall include coverage for a nonprescription elemental enteral formula for home use, if the formula is medically necessary for the treatment of severe intestinal malabsorption and a physician has issued a written order for the formula and the formula comprises the sole source, or an essential source, of nutrition
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(2) The coverage required by subsection (1) of this section may be made subject to provisions of the policy that apply to other benefits under the policy including, but not limited to, provisions related to deductibles and coinsurance. Deductibles and coinsurance for elemental en…
ORS 743A.078 Newborn nurse home visiting services. (1) As used in this section, “carrier,” “enrollee” and “health benefit plan” have the meanings given those terms in ORS 743B.005
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(2) A health benefit plan offered in this state must reimburse in full the cost to a provider of delivering universal newborn nurse home visiting services, as prescribed by the Oregon Health Authority by rule under ORS 433.301 (7) and (8). (3) The coverage must be provided withou…
ORS 743A.080 Pregnancy and childbirth expenses. (1) As used in this section, “pregnancy care” means the care necessary to support a healthy pregnancy and care related to labor and delivery
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(2) All health benefit plans as defined in ORS 743B.005 must provide payment or reimbursement for expenses associated with pregnancy care and childbirth. Benefits provided under this section shall be extended to all enrollees, enrolled spouses and enrolled dependents. [Formerly 7…
ORS 743A.081 Doulas, lactation counselors and lactation educators. (1) As used in this section
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(a) “Doula” has the meaning given that term in ORS 414.667. (b) “Lactation counselor” and “lactation educator” have the meanings given those terms in ORS 676.665. (2) A health benefit plan, as defined in ORS 743B.005, in this state that reimburses the cost of pregnancy and childb…
ORS 743A.082 Diabetes management for pregnant women. (1) Except as provided in subsections (2) and (3) of this section, a health benefit plan, as defined in ORS 743B.005, may not require a copayment or impose a coinsurance requirement or a deductible on the covered health services, medications and supplies that are medically necessary for a woman to manage her diabetes during the period of each pregnancy, beginning with conception and ending six weeks postpartum
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(2) Subsection (1) of this section does not apply to a high deductible health plan described in 26 U.S.C. 223. (3) The coverage required by subsection (1) of this section may be limited by network and formulary restrictions that apply to other benefits under the plan. Subsection …
ORS 743A.084 Unmarried women and their children. Each policy of health insurance shall provide
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(1) The same payments for costs of maternity to unmarried women that it provides to married women, including the spouses in marriages of insured persons choosing family coverage; and (2) The same coverage for the child of an unmarried woman that the child of an insured married pe…
ORS 743A.088 Use by mother of diethylstilbestrol. No policy of health insurance may be denied or canceled by the insurer solely because the mother of the insured used drugs containing diethylstilbestrol prior to the insured’s birth. [Formerly 743.710]
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[Repealed or reserved.]
ORS 743A.090 Natural and adopted children. (1)(a) All individual and group health benefit plans, as defined in ORS 743B.005, that include coverage for a family member of the insured shall also provide that the health insurance benefits applicable for children in the family shall be payable with respect to
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(A) A child of the insured from the moment of birth; and (B) An adopted child effective upon placement for adoption. (b) All individual and group health benefit plans, as defined in ORS 743B.005, that include coverage for a family member of the insured shall also provide that the…
ORS 743A.100 Mammograms. (1) Every health insurance policy that covers hospital, medical or surgical expenses, other than coverage limited to expenses from accidents or specific diseases, shall provide coverage of mammograms as follows
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(a) Mammograms for the purpose of diagnosis in symptomatic or high-risk individuals at any time upon referral of an individual’s health care provider; and (b) An annual mammogram for the purpose of early detection for an individual 40 years of age or older, with or without referr…
ORS 743A.101 Supplemental or diagnostic breast examinations. (1) As used in this section
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(a) “Diagnostic breast examination” means an examination used to evaluate an abnormality of the breast that is detected or suspected from a screening examination for breast cancer or by any other means of examination using: (A) Diagnostic mammography; (B) Breast magnetic resonanc…
ORS 743A.104 Pelvic examinations and Pap smear examinations. All policies providing health insurance, except those policies whose coverage is limited to expenses from accidents or specific diseases that are unrelated to the coverage required by this section, shall include coverage for pelvic examinations and Pap smear examinations as follows
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(1) Annually for individuals 18 to 64 years of age; and (2) At any time upon referral of an individual’s health care provider. [Formerly 743.728; 2017 c.152 §5]
ORS 743A.105 HPV vaccine. (1) All health benefit plans, as defined in ORS 743B.005, shall include coverage of the human papillomavirus vaccine for beneficiaries under the health benefit plan who are at least 11 years of age but no older than 26 years of age
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(2) ORS 743A.001 does not apply to this section. [2009 c.630 §2; 2017 c.152 §6] Note: 743A.105 was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 743A or any series therein. See Preface to Oregon Revised Statutes for further …
ORS 743A.108 Physical examination of breast. (1) A health insurance policy that covers hospital, medical or surgical expenses, other than coverage limited to expenses from accidents or specific diseases, shall provide coverage for a complete and thorough physical examination of the breast, including but not limited to a clinical breast examination, performed by a health care provider to check for lumps and other changes for the purpose of early detection and prevention of breast cancer as follows
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(a) Annually for individuals 18 years of age and older; and (b) At any time at the recommendation of an individual’s health care provider. (2) An insurance policy must provide coverage of physical examinations of the breast as described in subsection (1) of this section regardles…
ORS 743A.110 Mastectomy-related services; expedited external review required. (1) As used in this section, “mastectomy” means the surgical removal of all or part of a breast or a breast tumor suspected to be malignant
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(2) All insurers offering a health benefit plan as defined in ORS 743B.005 shall provide payment, coverage or reimbursement for mastectomy and for the following services related to a mastectomy as determined by the attending physician and enrollee to be part of the enrollee’s cou…
ORS 743A.111 Consumer education about post-mastectomy services. (1) The Department of Consumer and Business Services shall make written materials available on the department’s website to educate breast cancer patients about the availability of insurance coverage for breast reconstruction surgery and breast prostheses following a mastectomy. The department shall update the materials at least annually
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(2) The department shall place a link to the educational materials described in subsection (1) of this section close to links on the website to information for consumers about health insurance and under a tab designated “Breast Reconstruction Education.” The materials must includ…
ORS 743A.112 Autologous breast reconstruction procedures. (1) As used in this section
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(a) “Accepted standard of care” means standards of care and clinical practice guidelines that are: (A) Generally recognized by health care providers practicing in relevant clinical specialties; and (B) Based on valid, evidence-based sources. (b) “Autologous breast reconstruction …
ORS 743A.114 Perimenopause, menopause and postmenopause. (1) All health benefit plans, as defined in ORS 743B.005, shall include coverage of the treatment of perimenopause, menopause and postmenopause, including but not limited to the following
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(a) Hormone therapy including combination estrogen and hormone medicines, combination estrogen and progesterone medicines and estrogen-only medicines; (b) SSRIs and SNRIs; (c) Vaginal estrogen; (d) Medications to prevent or treat osteoporosis; (e) Neurokinin B antagonists; (f) To…
ORS 743A.120 [Formerly 743.794; repealed by 2017 c.206 §16]
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[Repealed or reserved.]
ORS 743A.124 Colorectal cancer screenings and laboratory tests. (1) A health benefit plan, as defined in ORS 743B.005, shall provide coverage for all colorectal cancer screening examinations and laboratory tests assigned either a grade of A or a grade of B by the United States Preventive Services Task Force
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(2) If an insured is 50 years of age or older, an insurer may not impose cost sharing on the coverage required by subsection (1) of this section and the coverage shall include, at a minimum: (a)(A) Fecal occult blood tests; (B) Colonoscopies, including the removal of polyps durin…
ORS 743A.130 Proton beam therapy. (1) A health benefit plan, as defined in ORS 743B.005, that provides coverage of radiation therapy for the treatment of prostate cancer must provide coverage for proton beam therapy for the treatment of prostate cancer on a basis no less favorable than the coverage of radiation therapy including with respect to prior authorization or other utilization review requirements
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(2) This section is exempt from ORS 743A.001. [2019 c.466 §2; 2021 c.384 §1; 2023 c.106 §1] Note: 743A.130 was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 743A or any series therein. See Preface to Oregon Revised Statutes …
ORS 743A.140 Bilateral cochlear implants. (1) A health benefit plan, as defined in ORS 743B.005, shall reimburse the cost of
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(a) Bilateral cochlear implants if medically appropriate for the treatment of hearing loss; and (b) The fitting, programming and reprogramming of bilateral or unilateral cochlear implants or other assistive listening devices performed by licensed audiologists. (2) For purposes of…
ORS 743A.141 Hearing aids and assistive listening devices. (1) As used in this section
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(a) “Assistive listening device” means devices used with or without hearing aids or cochlear implants to provide access to sound or improve the ability of a user with hearing loss to hear in various listening situations, such as being located a distance from a speaker, in an envi…
ORS 743A.144 [2007 c.374 §2; 2016 c.11 §4; repealed by 2017 c.206 §16]
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[Repealed or reserved.]