17 chapters · 1,565 sections in this title.
ORS 743.029 Uniform standards for health care financial and administrative transactions; rules
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(1) The Department of Consumer and Business Services may adopt by rule uniform standards applicable to persons listed in subsection (2) of this section for health care financial and administrative transactions, including uniform standards for: (a) Eligibility inquiry and response…
ORS 743.031 Stakeholder work group to recommend uniform standards
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(1) The Oregon Health Authority shall convene a stakeholder work group to recommend uniform standards for health care financial and administrative transactions, including, to the extent allowed by law, standards applicable to commercial health insurance plans, self-funded plans a…
ORS 743.034 Coordination with Oregon Health Authority concerning uniform standards; Department of Human Services to be subject to standards
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(1) The Department of Consumer and Business Services and the Oregon Health Authority shall confer before the department finalizes rules implementing uniform standards under ORS 743.029, for the purpose of reconciling any differences between the departments and the authoritys re…
ORS 743.035 Uniform prior authorization form for prescription drug benefits; consultation with Oregon Health Authority; rules
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(1) The Department of Consumer and Business Services, in consultation with the Oregon Health Authority, shall develop by rule a form that providers in this state shall use to request prior authorization for prescription drug benefits. The form must: (a) Be uniform for all provide…
ORS 743.038 Consent of individual required for life and health insurance; exceptions
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A life or health insurance policy upon an individual, except a policy of group life insurance or of group or blanket health insurance, may not be made or effectuated unless at the time of the making of the policy the individual insured, being of competent legal capacity to contra…
ORS 743.039 Alteration of application for life or health insurance
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(1) An application for a life insurance policy may not provide for alterations by any person other than the applicant in either the application or the policy to be issued thereon with respect to the amount of insurance, classification of risk, plan of insurance or the benefits un…
ORS 743.040 Personal insurance, insurable interest and beneficiaries
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(1) Any individual of competent legal capacity may procure or effect an insurance policy on the individuals own life or body for the benefit of any person. However, except as provided in ORS 743.044, no person shall procure or cause to be procured any insurance policy upon the l…
ORS 743.041 Payment discharges insurer
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Whenever the proceeds of or payments under a life or health insurance policy become payable in accordance with the terms of such policy, or the exercise of any right or privilege under such policy, and the insurer makes payment in accordance with the terms of the policy or in acc…
ORS 743.043 Assignment of policies
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A policy may be assignable or not assignable, as provided by its terms. Subject to its terms relating to assignability, any life or health insurance policy, under the terms of which the beneficiary may be changed upon the sole request of the insured or owner, may be assigned eith…
ORS 743.044 Life insurance for benefit of charity
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(1) Life insurance policies may be effected although the person paying the consideration has no insurable interest in the life of the person insured if a charitable, benevolent, educational or religious institution is designated irrevocably as the beneficiary. (2) In making such …
ORS 743.046 Exemption of proceeds of individual life insurance other than annuities
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(1) When a policy of insurance is effected by any person on any persons own life or on another life in favor of some person other than that person having an insurable interest in the life insured, the lawful beneficiary thereof, other than that person or that persons legal repr…
ORS 743.047 Exemption of proceeds of group life insurance
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(1) A policy of group life insurance or the proceeds thereof payable to a person or persons other than the individual insured or the individuals estate shall be exempt from debts and claims of creditors or representatives of the individual insured and, in the event of bankruptcy…
ORS 743.049 Exemption of proceeds of annuity policies; assignability of rights
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(1) The benefits, rights, privileges and options which are due or prospectively due an annuitant under any annuity policy issued before, on or after June 8, 1967, shall not be subject to execution, nor shall the annuitant be compelled to exercise any such rights, powers or option…
ORS 743.050 Exemption of proceeds of health insurance
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Except as may otherwise be expressly provided by the policy, the proceeds or avails of all health insurance policies and of provisions providing benefits on account of the insureds disability which are supplemental to life insurance policies, issued before, on or after June 8, 1…
ORS 743.053 Prohibition on requirement that death or dismemberment occur in less than 180 days after accident
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A life insurance policy or health insurance policy, whether group or individual, that contains provisions providing benefits in case of death or dismemberment by accident shall not require that the death or dismemberment occur less than 180 days after the date of the accident in …
ORS 743.100 Short title
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ORS 743.100 to 743.109 may be cited as the Life and Health Insurance Policy Language Simplification Act. [Formerly 743.350]
ORS 743.101 Purpose
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(1) The purpose of the Life and Health Insurance Policy Language Simplification Act is to establish minimum standards for language used in policies and certificates of life insurance and health insurance delivered or issued for delivery in this state in order to facilitate ease o…
ORS 743.103 Definitions for ORS 743.100 to 743.109
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As used in ORS 743.100 to 743.109, policy has the meaning given in ORS 731.122 and, in addition, includes a certificate issued pursuant to a group insurance policy delivered or issued for delivery in this state. [Formerly 743.357]
ORS 743.104 Scope of ORS 743.100 to 743.109
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(1) ORS 743.100 to 743.109 apply to all policies delivered or issued for delivery in this state, except: (a) Any policy that is a security subject to federal jurisdiction. (b) Any group policy covering a group of 1,000 or more lives at date of issue, other than a group credit lif…
ORS 743.106 Reading ease standards for life and health insurance policies
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(1) No policy form shall be delivered or issued for delivery in this state unless: (a) The policy text achieves a score of 40 or more on the Flesch reading ease test, or an equivalent score on any comparable test as provided in subsection (3) of this section; (b) The policy, exce…
ORS 743.107 When director may authorize lower standards
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The Director of the Department of Consumer and Business Services may authorize a lower score than the Flesch reading ease test score required by ORS 743.106 when, in the directors sole discretion, the director finds that a lower required score: (1) Will provide a more accurate r…
ORS 743.109 Approval of certain policy forms containing specified provisions; conditions for approval
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A policy form meeting the requirements of ORS 743.106 shall not be disapproved because of other provisions of the Insurance Code that specify the content of policies, if the policy form provides the policyholders and claimants protection not less favorable than they would be enti…
ORS 743.150 Scope of ORS 743.150, 743.153 and 743.156
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This section and ORS 743.153 and 743.156 apply only to policies of life insurance, other than group life insurance. [1967 c.359 §372]
ORS 743.153 Statement of benefits
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A life insurance policy shall contain a provision stating the amount of benefits payable or the method to be used or procedure to be followed in determining such amount, the manner of payment and the consideration therefor. [Formerly 739.310]
ORS 743.154 Acceleration of death benefits; rules
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(1) A life insurance policy or a rider to a life insurance policy may provide for the acceleration of death benefits as part of the life insurance coverage. For purposes of this section, accelerated death benefits are benefits that: (a) Are payable to the policy owner or certific…
ORS 743.156 Statement of premium
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A life insurance policy shall contain a provision separately stating the premium for each benefit provision of the policy for which such separate statement is necessary, as determined by the Director of the Department of Consumer and Business Services, to give adequate disclosure…
ORS 743.159 Scope of ORS 743.162 to 743.243
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ORS 743.162 to 743.243 apply only to policies of life insurance other than group life insurance, and do not apply to annuity or pure endowment policies. Such sections apply to such policies that are policies of variable life insurance, except to the extent the provisions of such …
ORS 743.162 Payment of premium
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A life insurance policy shall contain a provision relating to the time and place of payment of premium. [1967 c.359 §376]
ORS 743.165 Grace period
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A life insurance policy shall contain a provision that a grace period of 30 days, or, at the option of the insurer, of one month of not less than 30 days, or of four weeks in the case of industrial life insurance policies the premiums for which are payable more frequently than mo…
ORS 743.168 Incontestability
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(1) A life insurance policy shall contain a provision that the policy shall be incontestable after it has been in force for two years from its date of issue during the lifetime of the insured, except for nonpayment of premiums. At the option of the insurer the two-year limit with…
ORS 743.171 Incontestability and limitation of liability after reinstatement
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(1) A reinstated policy of life insurance may be contested on account of fraud or misrepresentation of facts material to the reinstatement only for the same period following reinstatement, and with the same conditions and exceptions, as the policy provides with respect to contest…
ORS 743.174 Entire contract
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A life insurance policy shall contain a provision that the policy constitutes the entire contract between the parties. [1967 c.359 §380]
ORS 743.177 Statements of insured
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A life insurance policy shall contain a provision that all statements made by or on behalf of the insured shall, in the absence of fraud, be deemed representations and not warranties, and that no such statement shall be used in defense of a claim under the policy unless contained…
ORS 743.180 Misstatement of age
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A life insurance policy shall contain a provision that if it is found at any time before final settlement under the policy that the age of the insured or of any other person whose age is considered in determining the premium or benefit accruing under the policy has been misstated…
ORS 743.183 Dividends
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(1) A life insurance policy other than a nonparticipating policy shall contain a provision that the policy shall participate in the divisible surplus of the insurer annually, beginning not later than the end of the third policy year. Any policy containing provision for participat…
ORS 743.186 Policy loan
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(1) A life insurance policy shall contain a provision that after three full years premiums have been paid and after the policy has a cash surrender value and while no premium is in default beyond the grace period for payment, the insurer will advance, on proper assignment or ple…
ORS 743.187 Maximum interest rate on policy loan; adjustable interest rate
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(1) Except as provided otherwise in this section, the maximum interest rate in the policy loan provision required by ORS 743.186 shall be eight percent per year. The insurer may include in the policy loan provision, in lieu of a fixed maximum interest rate, a provision for an adj…
ORS 743.189 Reinstatement
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A life insurance policy shall contain a provision that if in the event of a default in premium payments the value of the policy has been applied to provide a paid-up nonforfeiture benefit, and if this benefit is currently in force and the original policy has not been surrendered …
ORS 743.192 Payment of claim; payment of interest upon failure to pay proceeds
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(1) A life insurance policy shall contain a provision that when the policy becomes a claim by the death of the insured, settlement shall be made upon receipt of due proof of death and of the interest of the claimant. (2) If the insurer fails to pay the proceeds of or make payment…
ORS 743.195 Installment payments
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A life insurance policy shall contain a table showing the amounts of installments, if any, by which its proceeds may be payable. [1967 c.359 §387]
ORS 743.198 Title
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A life insurance policy shall contain a title briefly and correctly describing the policy. If an industrial life insurance policy, it shall have the words industrial policy imprinted on the face thereof as part of the descriptive matter. [1967 c.359 §388]
ORS 743.201 Beneficiary of industrial policies
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An industrial life insurance policy shall have the name of the beneficiary designated thereon, or in the application or other form if attached to the policy, with a reservation of the right to designate or change the beneficiary after the issuance of the policy unless such benefi…
ORS 743.204 Standard Nonforfeiture Law for Life Insurance; applicability
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(1) ORS 743.204 to 743.222 may be cited as the Standard Nonforfeiture Law for Life Insurance. (2) The operative date of the Standard Nonforfeiture Law for Life Insurance as to any policy is the earlier of: (a) January 1, 1948; or (b) The date specified in a written notice, filed …
ORS 743.207 Required provisions relating to nonforfeiture
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(1) A life insurance policy shall contain in substance the following provisions, or corresponding provisions which in the opinion of the Director of the Department of Consumer and Business Services are at least as favorable to the defaulting or surrendering policyholder as are th…
ORS 743.210 Determination of cash surrender values; applicability to certain policies
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(1) Except as otherwise provided in subsections (2) and (3) of this section, any cash surrender value available under a life insurance policy in the event of default in a premium payment due on any policy anniversary, whether or not required by ORS 743.207, shall be an amount not…
ORS 743.213 Determination of paid-up nonforfeiture benefits
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Any paid-up nonforfeiture benefit available under a life insurance policy in the event of default in a premium payment due on any policy anniversary shall be such that its present value as of such anniversary shall be at least equal to the cash surrender value then provided for b…
ORS 743.215 Calculation of adjusted premiums
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(1) This section applies to all life insurance policies issued on or after the operative date defined in this subsection for the issuing insurer. After January 1, 1982, any insurer may file with the Director of the Department of Consumer and Business Services a written notice of …
ORS 743.216 Adjusted premiums; applicability
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This section applies only to life insurance policies issued before the operative date defined in ORS 743.215. For such policies: (1) Except as provided in subsection (3) of this section, the adjusted premiums referred to in ORS 743.210 shall be calculated on an annual basis and s…
ORS 743.218 Requirements for determination of future premium amounts or minimum values
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In the case of policies of life insurance which provide for determination of future premium amounts by the insurer on the basis of current estimates of future experience, or policies of life insurance which are of such a nature that minimum values cannot in the judgment of the Di…
ORS 743.219 Supplemental rules for calculating nonforfeiture benefits
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(1) Any cash surrender value and any paid-up nonforfeiture benefit available under a life insurance policy in the event of default in a premium payment due at any time other than on the policy anniversary date shall be calculated with allowance for the lapse of time and the payme…