ORS 442.396
Attestation of compliance by insurers

  • rules

An insurer, as defined in ORS 731.106 (“Insurer.”), that contracts with the Oregon Health Authority, including with the Public Employees’ Benefit Board and the Oregon Educators Benefit Board, to provide health insurance coverage for state employees, educators or medical assistance recipients must annually attest, on a form and in a manner prescribed by the authority, to its compliance with ORS 243.256 (Reimbursement methodology for payment to hospitals), 243.879 (Reimbursement methodology for payment to hospitals), 442.392 (Uniform payment methodology for hospital and ambulatory surgical center services) and 442.394 (Acceptance by facilities as payment in full). A contract with an insurer subject to the requirements of this section may not be renewed without the attestation required by this section. [2011 c.418 §9]
Note: See note under 442.392 (Uniform payment methodology for hospital and ambulatory surgical center services).
Note: Sections 2 to 5, chapter 575, Oregon Laws 2015, provide:
Sec. 2. (1) As used in this section:

(a)

“Carrier” means an insurer that offers a health benefit plan, as defined in ORS 743B.005 (Definitions).

(b)

“Coordinated care organization” has the meaning given that term in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414).

(c)

“Primary care” means family medicine, general internal medicine, naturopathic medicine, obstetrics and gynecology, pediatrics or general psychiatry.

(d)

“Primary care provider” includes:

(A)

A physician, naturopath, nurse practitioner, physician assistant or other health professional licensed or certified in this state, whose clinical practice is in the area of primary care.

(B)

A health care team or clinic that has been certified by the Oregon Health Authority as a patient centered primary care home.

(2)

Intentionally left blank —Ed.

(a)

The Oregon Health Authority shall convene a primary care payment reform collaborative to advise and assist in the implementation of a Primary Care Transformation Initiative to:

(A)

Use value-based payment methods that are not paid on a per claim basis to:
(i)
Increase the investment in primary care;
(ii)
Align primary care reimbursement by all purchasers of care; and
(iii)
Continue to improve reimbursement methods, including by investing in the social determinants of health;

(B)

Increase investment in primary care without increasing costs to consumers or increasing the total cost of health care;

(C)

Provide technical assistance to clinics and payers in implementing the initiative;

(D)

Aggregate the data from and align the metrics used in the initiative with the work of the Health Plan Quality Metrics Committee established in ORS 413.017 (Public Health Benefit Purchasers Committee, Health Care Workforce Committee, Health Plan Quality Metrics Committee and Behavioral Health Committee);

(E)

Facilitate the integration of primary care behavioral and physical health care; and

(F)

Ensure that the goals of the initiative are met by December 31, 2027.

(b)

The collaborative is a governing body, as defined in ORS 192.610 (Definitions for ORS 192.610 to 192.690).

(3)

The authority shall invite representatives from all of the following to participate in the primary care payment reform collaborative:

(a)

Primary care providers;

(b)

Health care consumers;

(c)

Experts in primary care contracting and reimbursement;

(d)

Independent practice associations;

(e)

Behavioral health treatment providers;

(f)

Third party administrators;

(g)

Employers that offer self-insured health benefit plans;

(h)

The Department of Consumer and Business Services;

(i)

Carriers;

(j)

A statewide organization for mental health professionals who provide primary care;

(k)

A statewide organization representing federally qualified health centers;

(L)

A statewide organization representing hospitals and health systems;

(m)

A statewide professional association for family physicians;

(n)

A statewide professional association for physicians;

(o)

A statewide professional association for nurses; and

(p)

The Centers for Medicare and Medicaid Services.

(4)

The primary care payment reform collaborative shall annually report to the Oregon Health Policy Board and to the Legislative Assembly on the achievement of the primary care spending targets in ORS 414.625 [renumbered 414.572 (Coordinated care organizations)] and 743.010 (Health insurance policy and health benefit plan forms) and the implementation of the Primary Care Transformation Initiative.

(5)

A coordinated care organization shall report to the authority, no later than October 1 of each year, the proportion of the organization’s total medical costs that are allocated to primary care.

(6)

The authority, in collaboration with the Department of Consumer and Business Services, shall adopt rules prescribing the primary care services for which costs must be reported under subsection (5) of this section. [2015 c.575 §2; 2017 c.384 §1; 2017 c.489 §13]
Sec. 3. No later than February 1 of each year, the Oregon Health Authority and the Department of Consumer and Business Services shall report to the Legislative Assembly, in the manner provided in ORS 192.245 (Form of report to legislature):

(1)

The percentage of the medical expenses of carriers, coordinated care organizations, the Public Employees’ Benefit Board and the Oregon Educators Benefit Board that is allocated to primary care; and

(2)

How carriers, coordinated care organizations, the Public Employees’ Benefit Board and the Oregon Educators Benefit Board pay for primary care. [2015 c.575 §3; 2016 c.26 §7]
Sec. 4. (1) The Legislative Assembly declares that collaboration among insurers, purchasers and providers of health care to coordinate service delivery systems and develop innovative reimbursement methods in support of integrated and coordinated health care delivery is in the best interest of the public. The Legislative Assembly therefore declares its intent to exempt from state antitrust laws, and to provide immunity from federal antitrust laws through the state action doctrine, the activities specified in section 2 (2) of this 2015 Act, of the participants in the primary care payment reform collaborative, that might otherwise be constrained by such laws.

(2)

The Director of the Oregon Health Authority or the director’s designee shall engage in state supervision of the primary care payment reform collaborative to ensure that the activities and discussions of the participants in the collaborative are limited to the activities described in section 2 (2) of this 2015 Act.

(3)

Groups that include, but are not limited to, health insurance companies, health care centers, hospitals, health service organizations, employers, health care providers, health care facilities, state and local governmental entities and consumers may meet to facilitate the development, implementation and operation of the Primary Care Transformation Initiative in accordance with section 2 of this 2015 Act.

(4)

The Oregon Health Authority may conduct a survey of the entities and individuals specified in subsection (3) of this section to assist in the evaluation of the Primary Care Transformation Initiative.

(5)

A survey or meeting under subsection (3) or (4) of this section is not a violation of state antitrust laws and shall be considered state action for purposes of federal antitrust laws through the state action doctrine. [2015 c.575 §4]
Sec. 5. (1) Sections 1 to 4, chapter 575, Oregon Laws 2015, are repealed on December 31, 2027.

(2)

Section 3 of this 2017 Act is repealed on December 31, 2027. [2015 c.575 §5; 2016 c.26 §8; 2017 c.489 §19]

Source: Section 442.396 — Attestation of compliance by insurers; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors442.­html.

442.011
Health Policy and Analytics Division created in Oregon Health Authority
442.015
Definitions
442.310
Findings and policy
442.315
Certificate of need
442.325
Certificate of need for health care facility of health maintenance organization
442.342
Waiver of requirements
442.344
Exemptions from requirements
442.347
Rural hospital required to report certain actions
442.361
Definitions for ORS 442.361, 442.362 and 442.991
442.362
Reporting of proposed capital projects by hospitals and ambulatory surgical centers
442.370
Ambulatory surgery and inpatient discharge abstract records
442.372
Definitions for ORS 442.372 and 442.373
442.373
Health care data reporting by health insurers
442.385
Definitions
442.386
Health Care Cost Growth Target program established
442.392
Uniform payment methodology for hospital and ambulatory surgical center services
442.394
Acceptance by facilities as payment in full
442.396
Attestation of compliance by insurers
442.400
“Health care facility” defined
442.405
Legislative findings and policy
442.420
Application for financial assistance
442.425
Financial reporting systems
442.430
Investigations
442.450
Exemption from cost review regulations
442.460
Information about utilization and cost of health care services
442.463
Annual utilization report
442.470
Definitions for ORS 442.470 to 442.507
442.475
Office of Rural Health
442.480
Rural Health Care Revolving Account
442.485
Responsibilities of Office of Rural Health
442.490
Rural Health Coordinating Council
442.495
Responsibilities of council
442.500
Technical and financial assistance to rural communities
442.502
Determination of size of rural hospital
442.503
Eligibility for economic development grants
442.505
Technical assistance to rural hospitals
442.507
Assistance to rural emergency medical service systems
442.515
Rural hospitals
442.520
Risk assessment formula
442.561
Certifying individuals licensed under ORS chapter 679 for tax credit
442.562
Certifying podiatrists for tax credit
442.563
Certifying certain individuals providing rural health care for tax credit
442.564
Certifying optometrists for tax credit
442.566
Certifying emergency medical services providers for tax credit
442.568
Oregon Health and Science University to recruit persons interested in rural practice
442.570
Primary Care Services Fund
442.601
Definitions
442.602
Community benefit reporting
442.610
Notice of financial assistance policies
442.612
Definitions
442.614
Requirements for financial assistance policies
442.618
Annual reports related to financial assistance policies and nonprofit status
442.624
Establishment of community benefit spending floor
442.630
Community health needs assessment and three-year strategy
442.700
Definitions for ORS 442.700 to 442.760
442.705
Legislative findings
442.710
Application for approval of cooperative program
442.715
Authorized practices under approved cooperative program
442.720
Board of governors for cooperative program
442.725
Annual report of board of governors
442.730
Review and evaluation of report
442.735
Complaint procedure
442.740
Powers of director over action under cooperative program
442.745
Disclosure of confidential information not waiver of right to protect information
442.750
Status of actions under cooperative program
442.755
Rules
442.760
Status to contest order
442.819
Definitions for ORS 442.819 to 442.851
442.820
Oregon Patient Safety Commission
442.825
Funds received by commission
442.830
Oregon Patient Safety Commission Board of Directors
442.831
Powers of board relating to Oregon Patient Safety Reporting Program
442.835
Appointment of administrator
442.837
Oregon Patient Safety Reporting Program
442.839
Commission as central patient safety organization
442.844
Patient safety data
442.846
Patient safety data not admissible in civil actions
442.850
Fees
442.851
Limit on amounts collected to fund Oregon Patient Safety Reporting Program
442.853
Legislative findings
442.854
Definitions
442.855
Oregon Health Care Acquired Infection Reporting Program established
442.856
Health Care Acquired Infection Advisory Committee established
442.860
Comprehensive system of maternity care
442.870
Emergency Medical Services Enhancement Account
442.991
Civil penalties for failure to report proposed capital projects
442.993
Civil penalties for failure to report health care data
442.994
Civil penalty for failure to perform
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