As used in ORS 746.600 to 746.690: (1)(a) “Adverse underwriting decision” means any of the following actions with respect to insurance transactions involving insurance coverage that is individually underwritten: (A) A declination of insurance coverage. (B) A termination of insurance coverage. (C) Failure of an insurance producer to apply for insurance coverage with a specific […]
The purpose of ORS 746.600 to 746.690 is to: (1) Establish standards for the collection, use and disclosure of personal information gathered in connection with insurance transactions by insurers, insurance producers or insurance-support organizations; (2) Maintain a balance between the need for personal information by those conducting the business of insurance and the public’s need […]
ORS 746.607 and 746.608 establish standards for health insurers that are subject to the information privacy provisions of both the federal Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) and the federal Gramm-Leach-Bliley Act (P.L. 106-102). These standards address: (1) Use and disclosure of personal information; (2) Access of individuals to personal information; […]
Except as provided in ORS 743B.555, a health insurer: (1) May use or disclose personal information of an individual in a manner that is consistent with an authorization provided by the individual or a personal representative of the individual. (2) May use or disclose protected health information of an individual without obtaining an authorization from […]
(1) The Director of the Department of Consumer and Business Services shall adopt rules implementing ORS 746.607. In adopting rules under this section, the director shall consider the information privacy provisions of the federal Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) and the federal Gramm-Leach-Bliley Act (P.L. 106-102). (2) The rules adopted […]
ORS 746.620, 746.630, 746.640, 746.645 and 746.665 do not apply to health insurers. [2003 c.87 §5]
(1) Except as otherwise provided in ORS 746.606, 746.607, 746.608 and 746.609, the obligations imposed by ORS 746.600 to 746.690 apply to those insurers, insurance producers and insurance-support organizations that: (a) In the case of life or health insurance: (A) Collect, receive or maintain personal information, in connection with insurance transactions, that pertains to natural […]
If no person has been appointed as a personal representative under ORS chapter 113 or a person appointed as a personal representative under ORS chapter 113 has been discharged, the personal representative of a deceased individual shall be the first of the following persons, in the following order, who may be located upon reasonable effort […]
Nothing in ORS 746.607 may be construed to create a new private right of action against a health insurer. [2003 c.87 §18a]
An insurer, insurance producer or insurance-support organization may not use or authorize the use of pretext interviews to obtain personal information in connection with an insurance transaction. However, a pretext interview may be undertaken to obtain information from a person or institution that does not have a generally recognized or statutorily recognized privileged relationship with […]
(1) A licensee must provide a clear and conspicuous notice of personal information practices to individuals in connection with insurance transactions under the following circumstances and at the following times: (a) Except as provided in this paragraph, to a consumer who becomes a customer of the licensee, not later than the date that the licensee […]
An insurer or insurance producer shall clearly identify those questions that are designed to obtain personal information solely for marketing or research purposes from an individual in connection with an insurance transaction. [1981 c.649 §7; 2003 c.87 §11; 2003 c.364 §156]
(1) Notwithstanding any other law of this state, a licensee or insurance-support organization may not use as its disclosure authorization form in connection with insurance transactions a form or statement that authorizes the disclosure of personal or privileged information about an individual to the licensee or insurance-support organization unless the form or statement is clear […]
(1) Notwithstanding ORS 192.537 (3), a health insurer may retain genetic information of an individual without obtaining an authorization from the individual or a personal representative of the individual if the retention is for treatment, payment or health care operations by the insurer. (2) Notwithstanding ORS 192.539 (1), a health insurer may disclose genetic information […]
(1) No insurer, insurance producer or insurance-support organization may prepare or request an investigative consumer report about an individual in connection with an insurance transaction involving an application for insurance, a policy renewal, a policy reinstatement or a change in insurance benefits unless the insurer or insurance producer informs the individual: (a) That the individual […]
(1) If any individual, after proper identification, submits a written request to an insurer, insurance producer or insurance-support organization for access to recorded personal information about the individual that is reasonably described by the individual and reasonably locatable and retrievable by the insurer, insurance producer or insurance-support organization, the insurer, insurance producer or insurance-support organization […]
(1) Within 30 business days from the date of receipt of a written request from an individual to correct, amend or delete any recorded personal information about the individual within its possession, an insurer, insurance producer or insurance-support organization shall either: (a) Correct, amend or delete the portion of the recorded personal information in dispute; […]
Except as otherwise provided in ORS 743B.250, 743B.252, 743B.255 and 743B.422: (1) In the event of an adverse underwriting decision, the insurer or insurance producer responsible for the decision must: (a) Either provide the consumer proposed for coverage with the specific reason or reasons for the adverse underwriting decision in writing or advise the consumer […]
No insurer, insurance producer or insurance-support organization may seek information in connection with an insurance transaction concerning any previous adverse underwriting decision experienced by an individual, or any previous insurance coverage obtained by an individual through a residual market mechanism, unless the inquiry also requests the reasons for any previous adverse underwriting decision or the […]
No insurer or insurance producer may base an adverse underwriting decision in whole or in part on: (1) The fact of a previous adverse underwriting decision or on the fact that an individual previously obtained insurance coverage through a residual market mechanism. However, an insurer or insurance producer may base an adverse underwriting decision on […]
