Bill Text: OR HB2118 | 2013 | Regular Session | Enrolled


Bill Title: Relating to qualified health plans offered through the Oregon Health Insurance Exchange; and declaring an emergency.

Spectrum: Committee Bill

Status: (Passed) 2013-07-29 - Chapter 678, (2013 Laws): Effective date July 29, 2013. [HB2118 Detail]

Download: Oregon-2013-HB2118-Enrolled.html


     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         House Bill 2118

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of House Interim Committee on Health
  Care)

                     CHAPTER ................

                             AN ACT

Relating to qualified health plans offered through the Oregon
  Health Insurance Exchange; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

  SECTION 1.  { + (1) There is created a nine-member health plan
quality metrics work group, consisting of:
  (a) One member appointed by the executive director of the
Oregon Health Insurance Exchange Corporation;
  (b) One member appointed by the Oregon Health Authority;
  (c) One member appointed by the Oregon Educators Benefit Board;
  (d) One member appointed by the Public Employees' Benefit
Board; and
  (e) Five members appointed by the executive director of the
Oregon Health Insurance Exchange Corporation, in consultation
with the Director of the Oregon Health Authority, the Oregon
Educators Benefit Board and the Public Employees' Benefit Board,
including:
  (A) One individual with expertise in health care research;
  (B) One individual with expertise in health care quality
measures;
  (C) One representative of insurers;
  (D) One representative of consumers of health care; and
  (E) One representative of a self-insured large employer.
  (2)(a) The work group shall publish recommendations for
appropriate health outcomes and quality measures to be used by
the corporation, the authority and the boards. In developing the
measures, the work group shall consider other state and national
health outcomes and quality measures and methodologies.
  (b) To the extent practicable, the work group shall recommend
measures that further the goals of the Oregon Integrated and
Coordinated Health Care Delivery System while recognizing the
unique needs and goals of the corporation, the authority and the
boards.
  (3) The work group shall utilize available health outcomes and
quality measures and the data systems for reporting the measures
and minimize redundant reporting or the reporting of data with
limited value.
  (4) The work group shall develop a common format for collecting
consumer responses to the health quality measures and encourage
the corporation, the authority and the boards to publicly report
the findings.

Enrolled House Bill 2118 (HB 2118-B)                       Page 1

  (5)(a) The work group shall report its progress to the 2014
regular session of the Legislative Assembly.
  (b) No later than May 31, 2014, the work group shall provide to
the appropriate interim committees of the Legislative Assembly a
final report of the work group's recommendations and any steps
taken by the corporation, the authority and the boards to
implement the recommendations.
  (6) The corporation shall provide staff support for the work
group. + }
  SECTION 2.  { + (1) The Oregon Health Insurance Exchange
Corporation may serve by regular mail or, if requested by the
recipient, by electronic mail a notice described in ORS 183.415
of the corporation's determination of:
  (a) A person's eligibility to purchase or to continue to
purchase a qualified health plan through the health insurance
exchange;
  (b) A person's eligibility for a premium tax credit for
purchasing a qualified health plan or the amount of the person's
premium tax credit; or
  (c) A person's eligibility for cost-sharing reductions for
qualified health plans and the amount of the person's
cost-sharing reduction.
  (2) The legal presumption described in ORS 40.135 (1)(q) does
not apply to a notice that is served by regular or electronic
mail in accordance with subsection (1) of this section.
  (3) Except as provided in subsection (4) of this section, a
contested case notice served in accordance with subsection (1) of
this section that complies with ORS 183.415 but for service by
regular or electronic mail becomes a final order against a party
and is not subject to ORS 183.470 (2), upon the earlier of the
following:
  (a) If the party fails to request a hearing, the day after the
date prescribed in the notice as the deadline for requesting a
hearing.
  (b) The date the corporation or the Office of Administrative
Hearings mails an order dismissing a hearing request because:
  (A) The party withdraws the request for hearing; or
  (B) Neither the party nor the party's representative appears on
the date and at the time set for hearing.
  (4) The corporation shall prescribe by rule a period of not
less than 60 days after a notice becomes a final order under
subsection (3) of this section within which a party may request a
hearing under this subsection. If a party requests a hearing
within the period prescribed under this subsection, the
corporation shall do one of the following:
  (a) If the corporation finds that the party did not receive the
written notice and did not have actual knowledge of the notice,
refer the request for hearing to the Office of Administrative
Hearings for a contested case proceeding on the merits of the
corporation's intended action described in the notice.
  (b) Refer the request for hearing to the Office of
Administrative Hearings for a contested case proceeding to
determine whether the party received the written notice or had
actual knowledge of the notice. The corporation must show that
the party had actual knowledge of the notice or that the
corporation mailed the notice to the party's correct address or
sent an electronic notice to the party's correct electronic mail
address.
  (5) If a party informs the corporation that the party did not
receive a notice served by regular or electronic mail in

Enrolled House Bill 2118 (HB 2118-B)                       Page 2

accordance with subsection (1) of this section, the corporation
shall advise the party of the right to request a hearing under
subsection (4) of this section. + }
  SECTION 3.  { + Section 1 of this 2013 Act is repealed upon the
convening of the 2015 regular session of the Legislative
Assembly. + }
  SECTION 4.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
                         ----------

Passed by House June 25, 2013

    .............................................................
                             Ramona J. Line, Chief Clerk of House

    .............................................................
                                     Tina Kotek, Speaker of House

Passed by Senate June 29, 2013

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 2118 (HB 2118-B)                       Page 3

Received by Governor:

......M.,............., 2013

Approved:

......M.,............., 2013

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2013

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled House Bill 2118 (HB 2118-B)                       Page 4
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