Trade Practices and Antitrust Regulation

ORS 646.735
Exemption for coordinated care organizations

  • state action immunity
  • permitted activities


The Legislative Assembly declares that collaboration among public payers, private health carriers, third party purchasers and providers to identify appropriate service delivery systems and reimbursement methods to align incentives 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, coordinated care organizations that might otherwise be constrained by such laws.


The Director of the Oregon Health Authority or the director’s designee shall engage in appropriate state supervision necessary to promote state action immunity under state and federal antitrust laws, and may inspect or request additional documentation to verify that the Oregon Integrated and Coordinated Health Care Delivery System established under ORS 414.570 (System established) is implemented in accordance with the legislative intent expressed in ORS 414.018 (Legislative intent).


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 a coordinated care organization in accordance with criteria and requirements adopted by the Oregon Health Authority under ORS 414.572 (Coordinated care organizations). Any participation by such entities and individuals shall be on a voluntary basis.


The authority may conduct a survey of the entities and individuals specified in subsection (3) of this section concerning payment and delivery reforms.


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. [2011 c.602 §18; 2012 c.8 §22]
Note: 646.735 (Exemption for coordinated care organizations) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 646 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
§§ 646.705 to 646.815

Atty. Gen. Opinions

Meetings between members of associations having PUC authority to transport logs, poles and piling and mills and other shippers to jointly agree on rate for transportation, (1981) Vol 41, p 444

Law Review Citations

55 OLR 537-551 (1976); 56 OLR 331 (1977)

Chapter 646

Notes of Decisions

Subject matter regulated by this chapter is not "preempted" by Federal Robinson-Patman Act so as to render this chapter invalid. W. J. Seufert v. Nat. Restaurant Supply Co., 266 Or 92, 511 P2d 363 (1973)

Whether an injunction should issue when a court finds a violation of the Act is a matter of discretion. State ex rel Johnson v. International Harvester Co., 25 Or App 9, 548 P2d 176 (1976)

This chapter imposes no affirmative duty to inform customers of rates in absence of request, but prohibits making information about prices available to some customers and not others. Wildish Sand & Gravel v. Northwest Natural Gas Co., 103 Or App 215, 796 P2d 1237 (1990), Sup Ct review denied


Last accessed
Jun. 26, 2021