Section 743B.125 - Individual health benefit plans; waiting or exclusion periods; preexisting condition exclusions; guaranteed issue and renewal(1) With respect to coverage under an individual health benefit plan, a carrier may not impose a preexisting condition exclusion or an individual coverage waiting period.(2) With respect to individual coverage under a grandfathered health plan, a carrier:(a) May impose an exclusion period for specified covered services applicable to all individuals enrolling for the first time in the individual health benefit plan.(b) May not impose a preexisting condition exclusion unless the exclusion complies with the following requirements:(A) The exclusion applies only to a condition for which medical advice, diagnosis, care or treatment was recommended or received during the six-month period immediately preceding the individual's effective date of coverage.(B) The exclusion expires no later than six months after the individual's effective date of coverage.(c) May not impose a waiting period.(3) An individual health benefit plan other than a grandfathered health plan must cover, at a minimum, all essential health benefits.(4)(a) A carrier shall issue any individual health benefit plan offered by the carrier, other than a grandfathered health plan, to any individual who applies for the health benefit plan, if:(A) The individual resides in the geographic area where the plan is offered;(B) The individual agrees to make the required premium payments; and(C) Issuance of the health benefit plan is not otherwise prohibited by law.(b) The Department of Consumer and Business Services may allow a carrier to cap the number of individuals enrolled in an individual health benefit plan offered by the carrier if the department finds that issuing the health benefit plan to more individuals than are currently enrolled in the plan would have a material adverse effect upon the carrier's ability to fulfill the carrier's contractual obligations or result in the financial impairment of the carrier.(c) Except as otherwise provided in this section and ORS 743.022, a carrier offering an individual health benefit plan may not impose different terms or conditions on the coverage provided or the premium charged based on the actual or expected health status of an enrollee or prospective enrollee.(5) A carrier shall renew an individual health benefit plan, including a health benefit plan issued through a bona fide association, unless: (a) The policyholder fails to pay the required premiums.(b) The policyholder or a representative of the policyholder engages in fraud or makes an intentional misrepresentation of a material fact as prohibited by the terms of the policy.(c) The carrier discontinues both offering and renewing all of the carrier's individual health benefit plans in this state or in a specified service area within this state. In order to discontinue the plans under this paragraph, the carrier: (A) Shall give notice of the decision to the Department of Consumer and Business Services and to all policyholders covered by the plans;(B) May not cancel coverage under the plans for 180 days after the date of the notice required under subparagraph (A) of this paragraph if coverage is discontinued in the entire state or in a specified service area, except that: (i) The carrier shall cancel coverage in accordance with subparagraph (C) of this paragraph if the cancellation is for a specified service area in the circumstances described in subparagraph (C) of this paragraph; and(ii) The Director of the Department of Consumer and Business Services may specify a cancellation date other than the cancellation date specified in this subparagraph if the carrier is subject to a delinquency proceeding, as defined in ORS 734.014; and(C) May not cancel coverage under the plans for 90 days after the date of the notice required under subparagraph (A) of this paragraph if coverage is discontinued in a specified service area because of an inability to reach an agreement with the health care providers or organization of health care providers to provide services under the plans within the service area.(d) The carrier discontinues both offering and renewing an individual health benefit plan in a specified service area within this state because of an inability to reach an agreement with the health care providers or organization of health care providers to provide services under the plan within the service area. In order to discontinue a plan under this paragraph, the carrier: (A) Shall give notice of the decision to the department and to all policyholders covered by the plan;(B) May not cancel coverage under the plan for 90 days after the date of the notice required under subparagraph (A) of this paragraph; and(C) Shall offer in writing to each policyholder covered by the plan, all other individual health benefit plans that the carrier offers in the specified service area. The carrier shall offer the plans at least 90 days prior to discontinuation.(e) The carrier discontinues both offering and renewing an individual health benefit plan, other than a grandfathered health plan, for all individuals in this state or in a specified service area within this state, other than a plan discontinued under paragraph (d) of this subsection.(f) The carrier discontinues both offering and renewing a grandfathered health plan for all individuals in this state or in a specified service area within this state, other than a plan discontinued under paragraph (d) of this subsection.(g) With respect to plans that are being discontinued under paragraph (e) or (f) of this subsection, the carrier shall: (A) Offer in writing to each policyholder covered by the plan, all health benefit plans that the carrier offers to individuals in the specified service area.(B) Offer the plans at least 90 days prior to discontinuation.(C) Act uniformly without regard to the claims experience of the affected policyholders or the health status of any current or prospective enrollee.(h) The Director of the Department of Consumer and Business Services orders the carrier to discontinue coverage in accordance with procedures specified or approved by the director upon finding that the continuation of the coverage would: (A) Not be in the best interests of the enrollee; or(B) Impair the carrier's ability to meet the carrier's contractual obligations.(i) In the case of an individual health benefit plan that delivers covered services through a specified network of health care providers, the enrollee no longer lives, resides or works in the service area of the provider network and the termination of coverage is not related to the health status of any enrollee.(j) In the case of a health benefit plan that is offered in the individual market only through one or more bona fide associations, the membership of an individual in the association ceases and the termination of coverage is not related to the health status of any enrollee.(6) A carrier may modify an individual health benefit plan at the time of coverage renewal. The modification is not a discontinuation of the plan under subsection (5)(c), (e) and (f) of this section.(7) Notwithstanding any other provision of this section, and subject to the provisions of ORS 743B.310(2) and (4), a carrier may rescind an individual health benefit plan if the policyholder or a representative of the policyholder:(a) Performs an act, practice or omission that constitutes fraud; or(b) Makes an intentional misrepresentation of a material fact as prohibited by the terms of the policy.(8) A carrier that continues to offer coverage in the individual market in this state is not required to offer coverage in all of the carrier's individual health benefit plans. However, if a carrier elects to continue a plan that is closed to new individual policyholders instead of offering alternative coverage in the carrier's other individual health benefit plans, the coverage for all existing policyholders in the closed plan is renewable in accordance with subsection (5) of this section.(9) An individual health benefit plan may not impose annual or lifetime limits on the dollar amount of essential health benefits.(10) A grandfathered health plan may not impose lifetime limits on the dollar amount of essential health benefits.(11) This section does not require a carrier to actively market, offer, issue or accept applications for:(a) A bona fide association health benefit plan from individuals who are not members of the bona fide association; or(b) A grandfathered health plan from individuals who are not eligible for coverage under the plan.Amended by 2019 Ch. 285,§ 7, eff. 1/1/2020.Amended by 2017 Ch. 479,§ 18, eff. 6/27/2017, op. 1/1/2018.