ORS 415.205
Period of supervision

  • cause of action for violation of order of supervision

(1)

A coordinated care organization placed under supervision must correct, eliminate or remedy the acts, transactions or practices that are the basis for the order of supervision and otherwise comply with the requirements of the Oregon Health Authority within the period of time allowed by the authority, not to exceed 60 days, after the date on which the order is served on the coordinated care organization.

(2)

If the authority determines that the conditions giving rise to the supervision still exist at the end of the supervision period established in subsection (1) of this section, the authority may extend the period.

(3)

During the period of supervision of a coordinated care organization, the authority may institute rehabilitation or liquidation proceedings, extend the period of supervision or take any other action authorized by law.

(4)

The authority or supervisor on behalf of a coordinated care organization under supervision may bring an action for damages against any person who violates any order of the authority under ORS 415.204 (Grounds for order of supervision) if the violation reduces the net worth of the coordinated care organization or results in loss to the coordinated care organization that the coordinated care organization would not have suffered otherwise. The authority or supervisor may recover damages to the extent of the reduction or loss. [2019 c.478 §25]
Note: Definitions in 734.014 (Definitions) relating to delinquency proceedings may apply to 415.012 (Definitions for ORS 415.012 to 415.430) to 415.430 (Liability of member of CCO to pay provider for cost of care). See 415.011 (Oregon Health Authority regulation of financial solvency of CCOs to align with regulation of domestic insurers) (2)(ee).

Source: Section 415.205 — Period of supervision; cause of action for violation of order of supervision, https://www.­oregonlegislature.­gov/bills_laws/ors/ors415.­html.

415.001
Reinsurance program for coordinated care organizations (CCOs)
415.011
Oregon Health Authority regulation of financial solvency of CCOs to align with regulation of domestic insurers
415.012
Definitions for ORS 415.012 to 415.430
415.013
Powers and authority to enforce ORS 415.012 to 415.430 and 415.501
415.015
Prohibited conflicts of interest of officer or employee of Oregon Health Authority with responsibility for enforcement
415.019
Right to contested case hearing
415.055
Confidentiality of complaints
415.056
Confidentiality of reports regarding certain financial information
415.057
Authorized use of confidential reports regarding financial information
415.061
Definitions for 415.061 to 415.067
415.062
Compliance self-evaluative audit document privileged
415.063
Permissible use of compliance self-evaluative audit document by Oregon Health Authority
415.064
Waiver of privilege
415.065
Petition for in camera hearing on privilege of compliance self-evaluative audit document
415.066
Exceptions to privilege of compliance self-evaluative audit document
415.067
Other applicable privileges not waived by release of compliance self-evaluative audit document
415.101
Requests for information
415.103
False or misleading filings prohibited
415.105
Investigations authorized
415.107
Examinations and audits
415.109
Conduct of examination
415.111
Report of examination
415.115
Annual audits
415.119
Immunity from suit arising out of investigation, examination or provision or dissemination of information
415.203
Opportunity to cure impairment of required capitalization
415.204
Grounds for order of supervision
415.205
Period of supervision
415.251
Jurisdiction of delinquency proceedings
415.252
Exclusive remedy
415.253
Oregon Receivership Code inapplicable
415.261
Petition for delinquency proceeding
415.263
Cooperation with Oregon Health Authority in delinquency investigation or proceeding
415.265
Injunction prohibiting waste or disposition of property upon petition for delinquency proceeding
415.280
Petition for order for rehabilitation or liquidation of CCO
415.281
Court order for rehabilitation or liquidation proceeding against CCO
415.284
Appointment of special deputy directors to assist in supervision of CCO or delinquency proceedings
415.300
Rehabilitation proceeding
415.330
Grounds for order to liquidate
415.333
Powers of Oregon Health Authority in liquidation proceeding
415.335
Order to liquidate
415.340
Oregon Health Authority to be appointed receiver in delinquency proceeding
415.341
Immunity from civil liability for receivers
415.350
Right to assets of CCO fixed as of date of order to liquidate
415.400
Filing proof of claim against CCO declared by court to be insolvent
415.401
Requirements for proof of claim
415.402
Preference of claims
415.403
Priority of preferred claims
415.404
Contingent claims
415.405
Priority of special deposit claims
415.406
Priority of secured claims
415.420
Attachment or garnishment prohibited during delinquency proceeding
415.422
Voidable transfers or liens
415.424
Offsets of mutual debts or credits
415.430
Liability of member of CCO to pay provider for cost of care
415.500
Definitions
415.501
Procedures for review of material change transactions
415.505
Conflicts of interest prohibited
415.510
Quadrennial study of impact of health care consolidation
415.512
Fees
415.900
Civil penalties
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