ORS 743B.330
Notice to policyholder required for cancellation or nonrenewal of health benefit plan

  • effect of failure to give notice

(1)

As used in this section, “health benefit plan” has the meaning given that term in ORS 743B.005 (Definitions).

(2)

An insurer shall notify a policyholder in writing if the insurer cancels or does not renew the policyholder’s individual health benefit plan. The notice shall be sent to the policyholder’s last-known mailing address by first class mail in a specially marked envelope or, if the policyholder has elected to receive communications from the insurer electronically, to the policyholder’s last-known electronic mail address using a mechanism that will confirm delivery to the address.

(3)

If the cancellation or nonrenewal results in a refund to the policyholder of all or part of a premium, the insurer must mail with the refund a written explanation that includes:

(a)

The effective date of the cancellation;

(b)

The reason for the cancellation; and

(c)

The time period to which the refund is applicable.

(4)

For any cancellation or nonrenewal due to a reported death of the policyholder, the insurer must:

(a)

Confirm the accuracy of the reported death.

(b)

If the death is confirmed:

(A)

Provide any dependents covered by the plan with information about how to continue coverage or obtain alternative coverage; and

(B)

Issue any refund that is due to the estate of the deceased in accordance with subsection (3) of this section.

(5)

If an insurer cancels or does not renew an individual health benefit plan and fails to comply with the requirements of this section, the insurer shall continue the coverage under the plan for the policyholder and any dependents covered by the plan until the date that the insurer has complied with the requirements of this section. The insurer shall waive any premiums owed for the period during which the coverage was continued under this subsection and shall process all claims incurred by the policyholder or any covered dependents according to the terms of the plan.

(6)

This section does not apply:

(a)

To a cancellation requested by the policyholder if the insurer documents the request and confirms the request with the policyholder;

(b)

To a cancellation or nonrenewal that results from a policyholder making a change in coverage with the same insurer; or

(c)

To a cancellation due to nonpayment of premium. [Formerly 743.499]
Note: 743B.330 (Notice to policyholder required for cancellation or nonrenewal of health benefit plan) was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 743B or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 743B.330 — Notice to policyholder required for cancellation or nonrenewal of health benefit plan; effect of failure to give notice, https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html.

743B.001
Definitions 743B.003
Purposes 743B.005
Definitions 743B.010
Issuance of group health benefit plan to affiliated group of employers 743B.011
Group health benefit plans subject to provisions of specified laws 743B.012
Requirement to offer all health benefit plans to small employers 743B.013
Requirements for small employer health benefit plans 743B.020
Eligible employees and small employers 743B.100
Department’s authority to regulate market 743B.102
Certifications and disclosure of coverage 743B.103
Use of health-related information 743B.104
Coverage in group health benefit plans 743B.105
Requirements for group health benefit plans other than small employer plans 743B.109
Short term health insurance policies 743B.110
Implementation of federal laws 743B.125
Individual health benefit plans 743B.126
Carrier marketing of individual health benefit plans 743B.127
Rules for ORS 743.022, 743B.125 and 743B.126 743B.128
Exceptions to requirement to actively market all plans 743B.129
Shortening period of exclusion following discontinued offering 743B.130
Requirement to offer bronze and silver plans 743B.195
Enforcement of Newborns’ and Mothers’ Health Protection Act of 1996 743B.197
Health Care Consumer Protection Advisory Committee 743B.200
Requirements for insurers offering managed health insurance 743B.202
Requirements for insurers offering managed health or preferred provider organization insurance 743B.204
Required managed health insurance contract provision 743B.220
Requirements for insurers that require designation of participating primary care physician 743B.222
Designation of women’s health care provider as primary care provider 743B.225
Continuity of care 743B.227
Referrals to specialists 743B.250
Required notices to applicants and enrollees 743B.252
External review 743B.253
Director to contract with independent review organizations to provide external review 743B.254
Required statements regarding external reviews 743B.255
Enrollee application for external review 743B.256
Duties of independent review organizations 743B.257
Civil penalty for failure to comply by insurer that agreed to be bound by decision 743B.258
Private right of action 743B.260
Claims and appeals of adverse benefit determinations under disability income insurance policies 743B.280
Definitions for ORS 743B.280 to 743B.285 743B.281
Estimate of costs for in-network procedure or service 743B.282
Estimate of costs for out-of-network procedure or service 743B.283
Submission of methodology used to determine insurer’s allowable charges 743B.284
Alternative mechanism for disclosure of costs and charges 743B.285
Rules 743B.287
Balance billing prohibited for health care facility services 743B.290
Hospital payment of copayment or deductible for insured patient 743B.300
Disclosure of differences in replacement health insurance policies 743B.310
Rescinding coverage 743B.320
Minimum grace period 743B.321
Applicability of ORS 743B.320 743B.323
Separate notice to policyholder required before cancellation of individual or group health insurance policy for nonpayment of premium 743B.324
Rules for certain notice requirements 743B.330
Notice to policyholder required for cancellation or nonrenewal of health benefit plan 743B.340
When group health insurance policies to continue in effect upon payment of premium by insured individual 743B.341
Continuation of benefits after termination of group health insurance policy 743B.342
Continuation of benefits after injury or illness covered by workers’ compensation 743B.343
Availability of continued coverage under group policy for surviving, divorced or separated spouse 55 or older 743B.344
Procedure for obtaining continuation of coverage under ORS 743B.343 743B.345
Premium for continuation of coverage under ORS 743B.344 743B.347
Continuation of coverage under group policy upon termination of membership in group health insurance policy 743B.400
Decisions regarding health care facility length of stay, level of care and follow-up care 743B.403
Insurer prohibited practices 743B.405
Medical services contract provisions 743B.406
Vision care providers 743B.407
Naturopathic physicians 743B.420
Prior authorization requirements 743B.422
Utilization review requirements for medical services contracts to which insurer not party 743B.423
Utilization review requirements for insurers offering health benefit plan 743B.424
Applicability 743B.425
Prior authorization prohibited for first 60 days of treatment for opioid or opiate withdrawal and for post-exposure prophylactic antiretroviral drugs 743B.427
Nonquantitative treatment limitations on coverage of behavioral health conditions 743B.450
Prompt payment of claims 743B.451
Refund of paid claims 743B.452
Interest on unpaid claims 743B.453
Underpayment of claims 743B.454
Claims submitted during credentialing period 743B.458
Performance-based incentive payments for primary care 743B.460
Conditions for restricting payments to only in-network providers 743B.462
Direct payments to providers 743B.470
Medicaid not considered in coverage eligibility determination 743B.475
Guidelines for coordination of benefits 743B.500
Selling and leasing of provider panels by contracting entity 743B.501
Registration of contracting entity 743B.502
Third party contracts for leasing of provider panels 743B.503
Additional requirements for third party contracts 743B.505
Provider networks 743B.550
Disclosure of information 743B.555
Confidential communications 743B.601
Synchronization of prescription drug refills 743B.602
Step therapy 743B.800
Risk adjustment procedures 743B.810
Enrollees covered by workers’ compensation
Green check means up to date. Up to date

Current through early 2024

§ 743B.330’s source at oregon​.gov