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The Oregon Medical
Insurance Pool (OMIP) was established by the 1987 Oregon Legislature to
provide medical insurance coverage for all Oregonians who are unable to
obtain medical insurance because of health conditions. OMIP issued its first
policy in July 1990.
OMIP also
provides health benefit portability coverage to Oregonians who have exhausted
COBRA benefits and have no other portability options available to them.
OMIP is a
component of the Oregon Health Plan, and has four major medical plans
to choose from for you and your family. Regence BlueCross BlueShield of
Oregon is OMIP's administering insurer and handles eligibility, enrollment,
member services, and claims processing.
Since the
first policy was issued, OMIP has insured more than 24,000 Oregonians
who otherwise would have had no health benefit coverage. A citizen board
of directors guides policy for OMIP. OMIP is part of Oregon's Department
of Consumer & Business Services.
OMIP
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document was last revised:
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Results from search: http://arcweb.sos.state.or.us/rules/OARS_400/OAR_443/443_tofc.html
Oregon Medical Insurance Pool Board_443_tofc
The Oregon Administrative Rules contain OARs filed
through April 15, 2002
DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, OREGON
MEDICAL INSURANCE POOL BOARD
DIVISION
1
PROCEDURAL
RULES
443-001-0000 Notice
of Rulemaking
443-001-0005 Rules
of Administrative Procedure
443-001-0010 Rules
Governing Contracting Procedures
DIVISION
5
LIMITATIONS,
WAITING LISTS, ENROLLMENT
PRIORITY,
AND ENROLLMENT
443-005-0000
Eligibility, Benefits, Limitations, Exclusions and
Premiums
443-005-0010
Enrollment Limitations
443-005-0020 Waiting
Lists
443-005-0040
Enrollment When Waiting Lists Exist
443-005-0050
Enrollment When No Waiting Lists Exist
443-005-0060 Credit
Toward the Six-Month Pre-Existing Condition Exclusion
443-005-0070
Criteria for Assessment Reduction Consideration
DIVISION
10
APPEAL
RULES
443-010-0010 Appeals
Procedure
DIVISION
15
ASSESSMENT
RULES
443-015-0010
Assessment for Operating Expenses
The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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copyrighted by the Oregon Secretary of State. Terms
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the Text of the OARs
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Return
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Results from search: http://arcweb.sos.state.or.us/rules/OARS_400/OAR_443/443_015.html
Oregon Medical Insurance Pool Board_443_015
EA SHAPE=rect COORDS="357,83,444,104"
HREF="http://arcweb.sos.state.or.us/banners/holdings.htm">
The Oregon Administrative Rules contain OARs filed
through April 15, 2002
DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, OREGON
MEDICAL INSURANCE POOL BOARD
DIVISION
15
ASSESSMENT
RULES
443-015-0010
Assessment for Operating
Expenses
(1) An assessment of
insurers and reinsurers shall be made by the Oregon Medical Insurance
Pool Board for the purpose of collecting monies to cover expenses and
losses of the Pool which are not or will not be sufficiently covered
by funds in the Oregon Medical Insurance Pool Account.
(2) The frequency of such
assessments shall be determined by the Board based on projected cash
balances and operating revenues and expenditures.
(3) The projected cash
balance shall take into account a reserve intended to cover claims
incurred but not reported or paid. The reserve shall be reviewed
quarterly by the Board to determine its adequacy and adjusted as
needed.
(4) The amount assessed to
each insurer or reinsurer shall depend on each insurer's or
reinsurer's proportion of the total of all Oregon insureds and
certificate holders insured or reinsured and the amount of
deficiency:
(a) Each insurer's or
reinsurer's proportion of the total of all Oregon insureds and
certificate holders insured or reinsured will be based on reports
submitted to the Board stating the number of insureds as of December
31st of the previous year;
(b) Total Oregon insureds
and certificate holders insured or reinsured shall be determined as
follows:
(A) The count of insureds
and certificate holders insured or reinsured shall be limited to
medical insurance as defined in ORS
735 .605(5);
(B) The count shall include
all insureds and certificate holders, including dependents, other
individuals whose medical insurance coverage is insured or reinsured
in whole or in part, and individuals covered under excess loss
coverage written on self-funded medical plans;
(C) Reinsurers may exclude
from the number reported those individuals that have been counted by
the primary insurer or the primary reinsurers;
(D) Insurers and reinsurers
are permitted to reduce their estimate of the number of covered
dependents by ten percent to account for dual coverage;
(E) The insurer and
reinsurer may use any reasonable method of estimating or may use
actual counts of the number of individuals for whom coverage is
provided.
(5) If assessment
collections exceed the amount needed to meet Pool expenses and
losses, excess funds shall be held and invested and, with the
earnings and interest, used by the Board to offset future net losses
or to reduce Pool premiums. For the purposes of this section, "future
net losses" include reserves for incurred but not reported
claims.
Stat. Auth.: ORS 183.341
& ORS
705 .135
Stats.
Implemented:
Hist.: MIP 2-1990(Temp), f.
& cert. ef. 5-15-90; MIP 1-1992, f. & cert. ef.
4-28-92
The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
The Oregon Administrative Rules and the Oregon Bulletin are
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Questions
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Return
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Insurance resources
Information about insurance can be
found with these divisions:
Insurance
Division
The Insurance Division (INS) regulates insurance companies
doing business in Oregon to protect the insurance-buying public.
It licenses and monitors all types of insurance companies,
including health care service contractors, fraternal benefits societies,
and the agents of these entities. The division
also provides independent consumer advocacy and education, assists consumers
in resolving complaints against agents and companies, enforces the Insurance
Code, and collects and audits taxes of insurance companies.
Oregon Medical Insurance Pool
The Oregon Medical Insurance Pool (OMIP) is a state-run
health insurance program designed to provide access to health insurance
for Oregonians who cannot obtain coverage in the private sector due to
health reasons.
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Oregon Medical Insurance Pool - 1999
In 1997, the Legislature adopted the Oregon "Patient
Protection Act" (SB 21), which established broad new consumer
protections in the areas of disclosures to consumers, grievance
procedures, emergency room claims, and prior authorizations.
The bill, which took effect on January 1, 1998, also requires
annual insurer reporting.
Note: Insurance companies can submit the annual report
in any format. A company may or may not have summary reports
in each category. Notations have been made where a company has
not submitted required reports.
Reports require Adobe
Acrobat© Reader , available free.
Grievance Report : Summary and
types of consumer complaints.
Utilization Review : Summary of procedures
used to monitor levels of care.
Managed Health Care Insurance Companies
Quality Assessment : Summary of quality
improvement goals and measurements designed to provide better
care and service to you.
Accreditation Reports: Reports from NCQA and other experts
monitoring quality of services.
HCFA (Medicare): The Federal audits on insurance companies
Medicare business.
HEDIS: NCQA data measuring quality of services.
Scope of Network : A description
of how the insurance company monitors their contracted network
of providers to ensure that you have reasonable access to services.
Review another company
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This document was last revised on May 30, 2001 .
Results from search: http://www.state.or.us/agencies.ns/44000/00010/00020/
OREGON MEDICAL INSURANCE POOL BOARD (OMIP)
CONSUMER & BUSINESS SERVICES, DEPARTMENT of
OFFICE of the DIRECTOR
OREGON MEDICAL INSURANCE POOL BOARD (OMIP)
250 Chruch St SE, Suite 200
Salem, OR 97301-3921
Fax: (503) 378-8365
Information and Reception
250 Church St SE, Suite 200
Salem, OR 97301-3921
(503) 373-1692
Oregon Toll Free Number
250 Church St SE, Suite 200
Salem, OR 97301-3921
(800) 542-3104
Administrator
250 Church St SE, Suite 200
Salem, OR 97301-3921
Howard 'Rocky' King
(503) 378-5165
Office Manager
250 Church St SE, Suite 200
Salem, OR 97301-3921
Karla Messer-Holt
(503) 378-2530
Fiscal Coordinator/Budget Analyst
250 Church St SE, Suite 200
Salem, OR 97301-3921
Richard McNew
(503) 373-1692 x252
Program Coordinator
250 Church St SE, Suite 200
Salem, OR 97301-3921
Pamela Sloan
(503) 373-1692 x229
Fiscal & Information Management Manager
250 Church St SE, Suite 200
Salem, OR 97301-3921
Becky Frederick
(503) 378-4679
Agency Website
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Oregon Medical Malpractice Summary
OREGON
Statutes of Limitations Statutory Cap on Attorneys' Fees
Contributory or Comparative Negligence Periodic Payments
Joint and Several Liability Collateral Source Rule
Contribution Pre-Judgment Interest
Vicarious Liability Patient Compensation Funds
Expert Testimony Immunities
Damage Caps Arbitration
Statutes of Limitations
Oregon applies a two-year statute of limitations to medical malpractice actions. Or. Rev. Stat. § 12.110(4) (1988). Under the statute, an action does not accrue until the date the injury is first discovered or in the exercise of reasonable care should have been discovered; however, no action may be brought more than five years from the date of treatment. Id . That statute of repose and others like it have been upheld as constitutional by the intermediate appellate courts. Jones v. Salem Hospital , 93 Or. App. 252, 762 P.2d 303 (1988), cert. denied , 307 Or. 514, 770 P.2d 595 (1989).
The statute of limitations is tolled during the time a claimant is within 18 years of age or insane. Or. Rev. Stat. § 12.160 (Supp. 1998). However, this provision cannot extend the statute for more than one year after the disability has been lifted, Id. , nor can it extend the five-year statute of repose. Or. Rev. Stat. § 12.110(4) (1988).
Oregon's wrongful death statute, which is applicable to medical malpractice actions involving death, requires that an action be brought within three years after the injury causing the death is discovered (or reasonably should have been discovered) by the decedent, but in no case more than three years after the date of death or outside the five-year medical malpractice statute of repose. Or. Rev. Stat. § 30.020(1) (Supp. 1998).
Contributory or Comparative Negligence
Oregon has adopted a form of modified comparative negligence. Under this doctrine, a claimant's action is barred if his fault exceeds the combined fault of all defendants and persons who have settled. Otherwise, the claimant's recovery is diminished in proportion to his percentage of fault. Or. Rev. Stat. § 18.470 (Supp. 1998).
Joint and Several Liability
Oregon has a limited form of joint and several liability. In actions arising out of bodily injury and death, the jury apportions fault among the claimant and the defendants, and the liability of each defendant is several only for his proportionate share. Or. Rev. Stat. §§ 18.480 and 18.485 (Supp. 1998). However, if within a year of judgment plaintiff brings a motion establishing that one of the defendants is uncollectible, then that defendant's share of is reapportioned among the claimant and other defendants according to their relative fault. A defendant whose share of fault is 25 percent or less, or whose fault is less than that of the claimant, is not affected by the reallocation. Or. Rev. Stat. § 18.485 (Supp. 1998).
Contribution
Tortfeasors who have paid more than a proportional share of the common liability, based on relative degrees of fault, have a right of contribution. Or. Rev. Stat. §§ 18.440 and 18.445 (1988). A settling tortfeasor is not entitled to contribution from the remaining tortfeasors whose liability was not extinguished thereby. Or. Rev. Stat. § 18.440 (1988).
Regardless of whether a judgment has been entered in an action against two or more tortfeasors, contribution may be enforced by a separate action. Or. Rev. Stat. § 18.450 (Supp. 1998). However, where there has been a judgment, contribution may be enforced in that action by motion. Id . An action for contribution must be commenced within two years after final judgment or settlement. Id .
Vicarious Liability
Oregon courts will allow the trier of fact to hold a hospital vicariously liable for the negligence of a physician who is not its employee, if the physician is performing "an inherent function of the hospital," or if the hospital has created ostensible agency by representing (even implicitly) that the physician is its agent. Themins v. Emanuel Lutheran Charity Board , 54 Or. App. 901, 908, 637 P.2d 155, 159 (1981), cert. denied , 292 Or. 568, 644 P.2d 1129 (1982).
Expert Testimony
Oregon does not require medical malpractice claimants to file an expert's statement verifying the claims of negligence with the complaint. However, expert testimony is required to establish a prima facie case of medical malpractice, unless the negligence is obvious to a layman. Getchell v. Mansfield , 260 Or. 174, 489 P.2d 953 (1971).
Damage Caps
Although the legislature has established a $500,000 cap on damages for non-economic loss in bodily injury and death cases, Or. Rev. Stat. § 18.560 (Supp. 1998), the Oregon Supreme Court recently ruled it to be unconstitutional under most circumstances. It held that the damage cap violates the right to a jury trial provided by the state constitution whenever the cap is applied to a claim for which, under common law, a jury trial was customary in 1857. Lakin v. Senco Products, Inc. , 329 Or. 62, ___ P.2 ___, 1999 WL 498088 (July 15, 1999). This did not overrule an earlier case upholding the constitutionality of the cap in wrongful death cases, since the wrongful death statute is a creation of the legislature. Greist v. Phillips , 322 Or. 281, 906 P.2d 789 (1995) (also holding that a single cap limits the collective recovery of all beneficiaries).
Oregon limits punitive damages in medical malpractice cases. Or. Rev. Stat. § 18.550 (Supp. 1998). Punitive damages cannot be awarded against health care practitioners such as physicians and nurses, but they may be awarded against hospitals. Id . If punitive damages are awarded, 60 percent must be paid to the Criminal Injuries Compensation Account. Not more than half of the plaintiff's 40 percent can go for attorneys' fees. Or. Rev. Stat. § 18.540 (Supp. 1998).
Statutory Cap on Attorneys' Fees
Oregon does not place a cap on the amount attorneys can charge a client, nor does it require that contingent fee arrangements be reviewed by the court.
Periodic Payments
Oregon does not require the periodic payment of medical malpractice damages.
Collateral Source Rule
Oregon permits the trial court to deduct from a verdict certain benefits received by the claimant in connection with the injury. Or. Rev. Stat. § 18.580 (Supp. 1998). The court cannot deduct life insurance, insurance benefits for which the claimant has paid premiums, retirement or disability benefits, or social security. Id . Evidence concerning collateral benefits is received by the court after the verdict and used to modify the final judgment. Id .
Pre-Judgment Interest
Pre-judgment interest is not available in tort actions when the amount of damages cannot be easily ascertained until litigation. Erickson Air-Crane Co. v. United Technologies Corp. , 87 Or. App. 577, 582, 743 P.2d 747, 750, cert. denied , 304 Or. 680,748 P.2d 142 (1987).
Patient Compensation Funds and Physician Insurance
Oregon does not have a patient compensation fund, nor does it have a statutory requirement for physicians and health care providers to obtain liability insurance.
Immunities
Oregon has waived, to a limited extent, the governmental immunity of all public bodies, including the state and its departments, agencies, cities, counties, school districts, and other political subdivisions or municipalities. Moreover, the sole remedy against government employees acting within their scope of employment is a claim against the employing public body. Or. Rev. Stat. §§ 30.260 and 30.265 (Supp. 1998). Claims against public bodies are subject to a special, short statute of limitations: one year for death and 180 days for injury. Or. Rev. Stat. § 30.275 (Supp. 1998). This runs from discovery and the five-year malpractice statute of repose does not apply. O'Brien v. Oregon , 104 Or. App. 1, 799 P.2d 171 (1990). Public bodies and their employees are immune from liability for punitive damages. The liability of public bodies and their employees for compensatory damages is limited to $100,000 for special damages and $100,000 for general damages per claimant, and $500,000 in total per occurrence. Or. Rev. Stat. § 30.270 (1988).
Patient care provided at an Oregon Health Sciences University campus or clinic is within the scope of state employment even if performed by a non-salaried or courtesy physician for a fee. Or. Rev. Stat. § 30.267 (1988). Care provided elsewhere is within the scope of state employment only if performed by faculty, staff, or students acting under prior, express, written authority. Or. Rev. Stat. § 30.268 (Supp. 1998). An employee of the University is not considered to be acting within the scope of state employment when the services constitute an exclusively private relationship between the patient and the physician. Id .
A governmental entity may purchase insurance, establish a self-insurance fund, or contract through the state's Department of General Services to cover liabilities. Or. Rev. Stat. § 30.282 (1988). This does not create an implied waiver of governmental immunity. Espinosa v. Southern Pacific Transportation Co. , 291 Or. 853, 635 P.2d 638 (1981).
Arbitration
Oregon does not require that claims of medical malpractice be heard by an arbitration panel or a medical review board prior to litigation.
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Revision Date: August 3, 1999
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