Powers of Attorney

ORS 127.565
Independent medical judgment of provider

  • effect of advance directive on insurance


(1)

In following an advance directive or the decision of a health care representative, a health care provider shall exercise the same independent medical judgment that the health care provider would exercise in following the decisions of the principal if the principal were capable.

(2)

A person may not be required to execute or to refrain from executing an advance directive or to appoint or to refrain from appointing a health care representative as a condition for insurance. A health care provider may not condition the provision of health care or otherwise discriminate against an individual based on whether or not the individual has executed an advance directive or has appointed a health care representative.

(3)

No existing or future policy of insurance is legally impaired or invalidated in any manner by actions taken under ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title). A person may not be discriminated against in premium or contract rates because of the existence or absence of an advance directive or appointment of a health care representative.

(4)

Nothing in ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) is intended to impair or supersede any conflicting federal statute. [1989 c.914 §12; 1993 c.767 §16; 2018 c.36 §17]
§§ 127.510 to 127.585

Law Review Citations

26 WLR 317-338 (1990); 71 OLR 909 (1992)


Source

Last accessed
Jun. 26, 2021