ORS 415.341
Immunity from civil liability for receivers
(1)
The following persons are entitled to protection under this section:(a)
All receivers responsible for the conduct of a delinquency proceeding under ORS 415.203 (Opportunity to cure impairment of required capitalization) to 415.430 (Liability of member of CCO to pay provider for cost of care), including present and former receivers.(b)
All employees of the receiver described in paragraph (a) of this subsection. For purposes of this section, such employees include all present and former special deputies and assistant special deputies appointed by the Oregon Health Authority and all persons whom the authority, special deputies or assistant special deputies have employed to assist in a delinquency proceeding. Unless designated as special deputies, attorneys, accountants, auditors and other professional persons or firms who are retained by the receiver as independent contractors and their employees are not entitled to protection under this section.(2)
The receiver and employees of the receiver shall have official immunity and shall be immune from civil action and liability, both personally and in their official capacities, for any tort claim or demand, whether groundless or otherwise, arising out of any alleged act, error or omission of the receiver or any employee occurring in the performance of duties. For purposes of this section, “tort” has the meaning given that term in ORS 30.260 (Definitions for ORS 30.260 to 30.300).(3)
The receiver and employees of the receiver shall be indemnified from the assets of the coordinated care organization against any tort claim arising out of any alleged act, error or omission of the receiver or any employee occurring in the performance of duties, whether personally or in the official capacity of the receiver or employee. Any indemnification made under this subsection is an administrative expense of the coordinated care organization.(4)
The provisions of subsections (2) and (3) of this section do not apply in case of malfeasance in office or willful or wanton neglect of duty.(5)
In any legal action in which the receiver is a defendant, the portion of any settlement relating to the alleged act, error or omission of the receiver is subject to the approval of the court before which the delinquency proceeding is pending. The court may not approve the portion of the settlement if it determines:(a)
That the claim did not occur in the performance of the receiver’s duties; or(b)
That the claim was caused by malfeasance in office or willful or wanton neglect of duty by the receiver.(6)
This section may not be construed or applied to deprive the receiver or any employee of any immunity, indemnity, benefits of law, rights or any defense otherwise available. [2019 c.478 §36]
Source:
Section 415.341 — Immunity from civil liability for receivers, https://www.oregonlegislature.gov/bills_laws/ors/ors415.html.
Up to date