# ORS § 743b.012: 743B.012 Requirement to offer all health benefit plans to small employers > Oregon · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C743b_S743b.012 ## Section - **Citation:** ORS § 743b.012 - **Heading:** 743B.012 Requirement to offer all health benefit plans to small employers - **Jurisdiction:** Oregon - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** OR Code / Title 56 / Chapter 743b / Section 743b.012 ## Text (1) As a condition of transacting business in the small employer health insurance market in this state, a carrier shall offer small employers all of the carrier’s health benefit plans, approved by the Department of Consumer and Business Services for use in the small employer market, for which the small employer is eligible. (2) A carrier shall issue to a small employer any health benefit plan that is offered by the carrier if the small employer applies for the plan and agrees to make the required premium payments and to satisfy the other provisions of the health benefit plan. (3) A multiple employer welfare arrangement, professional or trade association or other similar arrangement established or maintained to provide benefits to a particular trade, business, profession or industry or their subsidiaries may not issue coverage to a group or individual that is not in the same trade, business, profession or industry as that covered by the arrangement. The arrangement shall accept all groups and individuals in the same trade, business, profession or industry or their subsidiaries that apply for coverage under the arrangement and that meet the requirements for membership in the arrangement. For purposes of this subsection, the requirements for membership in an arrangement may not include any requirements that relate to the actual or expected health status of the prospective enrollee. (4) A carrier shall, pursuant to subsection (2) of this section, accept applications from and offer coverage to a small employer group covered under an existing health benefit plan regardless of whether a prospective enrollee is excluded from coverage under the existing plan because of late enrollment. When a carrier accepts an application for a small employer group, the carrier may continue to exclude the prospective enrollee excluded from coverage by the replaced plan until the prospective enrollee would have become eligible for coverage under that replaced plan. (5) A carrier is not required to accept applications from and offer coverage pursuant to subsection (2) of this section if the department finds that acceptance of an application or applications would endanger the carrier’s ability to fulfill its contractual obligations or result in financial impairment of the carrier. (6) A carrier shall actively market all health benefit plans that are offered by the carrier to small employers in the geographical areas in which the carrier makes coverage available or provides benefits. (7) Intentionally left blank —Ed. (a) Subsection (2) of this section does not require a carrier to offer coverage to or accept applications from: (A) A small employer if the small employer is not physically located in the carrier’s approved service area; (B) An employee of a small employer if the employee does not work or reside within the carrier’s approved service areas; or (C) Small employers located within an area where the carrier reasonably anticipates, and demonstrates to the department, that it will not have the capacity in its network of providers to deliver services adequately to the enrollees of those small employer groups because of its obligations to existing small employer group contract holders and enrollees. hin the carrier’s approved service areas; or (C) Small employers located within an area where the carrier reasonably anticipates, and demonstrates to the department, that it will not have the capacity in its network of providers to deliver services adequately to the enrollees of those small employer groups because of its obligations to existing small employer group contract holders and enrollees. (b) A carrier that does not offer coverage pursuant to paragraph (a)(C) of this subsection may not offer coverage in the applicable service area to new employer groups other than small employers until the carrier resumes enrolling groups of new small employers in the applicable area. (8) For purposes of ORS 743B.010 (Issuance of group health benefit plan to affiliated group of employers) to 743B.013 (Requirements for small employer health benefit plans) , except as provided in this subsection, carriers that are affiliated carriers or that are eligible to file a consolidated tax return pursuant to ORS 317.715 (Tax return of corporation in affiliated group making consolidated federal return) shall be treated as one carrier and any restrictions or limitations imposed by ORS 743B.010 (Issuance of group health benefit plan to affiliated group of employers) to 743B.013 (Requirements for small employer health benefit plans) apply as if all health benefit plans delivered or issued for delivery to small employers in this state by the affiliated carriers were issued by one carrier. However, any insurance company or health maintenance organization that is an affiliate of a health care service contractor located in this state, or any health maintenance organization located in this state that is an affiliate of an insurance company or health care service contractor, may treat the health maintenance organization as a separate carrier and each health maintenance organization that operates only one health maintenance organization in a service area in this state may be considered a separate carrier. (9) A carrier that elects to discontinue offering all of its health benefit plans to small employers under ORS 743B.013 (Requirements for small employer health benefit plans) (3)(e) or elects to discontinue renewing all such plans is prohibited from offering health benefit plans to small employers in this state for a period of five years from: (a) The date of notice to the department pursuant to ORS 743B.013 (Requirements for small employer health benefit plans) (3)(e); or (b) If notice is not provided under paragraph (a) of this subsection, the date on which the department provides notice to the carrier that the department has determined that the carrier has effectively discontinued offering health benefit plans to small employers in this state. (10) The department may, in accordance with ORS 743B.129 (Shortening period of exclusion following discontinued offering) , shorten the period of prohibition described in subsection (9) of this section if necessary to ensure, in all geographic areas of this state, that: (a) A competitive health insurance market exists; (b) Small employers have a reasonable number of health insurance options available to them; and (c) Consumers who purchase insurance are protected. [Formerly 743.736; 2017 c.206 §4] Source: Section 743B.012 — Requirement to offer all health benefit plans to small employers; offering of plan by carriers; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025). ## Nearby sections - [ORS § 743b.001 743B.001 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C743b_S743b.001.md) - [ORS § 743b.003 743B.003 Purposes](https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C743b_S743b.003.md) - [ORS § 743b.005 743B.005 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C743b_S743b.005.md) - [ORS § 743b.010 743B.010 Issuance of group health benefit plan to affiliated group of employers](https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C743b_S743b.010.md) - [ORS § 743b.011 743B.011 Group health benefit plans subject to provisions of specified laws](https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C743b_S743b.011.md) - [ORS § 743b.012 743B.012 Requirement to offer all health benefit plans to small employers](https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C743b_S743b.012.md) - [ORS § 743b.013 743B.013 Requirements for small employer health benefit plans](https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C743b_S743b.013.md) - [ORS § 743b.020 743B.020 Eligible employees and small employers](https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C743b_S743b.020.md) - [ORS § 743b.100 743B.100 Department’s authority to regulate market](https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C743b_S743b.100.md) - [ORS § 743b.102 743B.102 Certifications and disclosure of coverage](https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C743b_S743b.102.md) - [ORS § 743b.103 743B.103 Use of health-related information](https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C743b_S743b.103.md) - [ORS § 743b.104 743B.104 Coverage in group health benefit plans](https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C743b_S743b.104.md) - [ORS § 743b.105 743B.105 Requirements for group health benefit plans other than small employer plans](https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C743b_S743b.105.md) - [ORS § 743b.109 743B.109 Short term health insurance policies](https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C743b_S743b.109.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C743b_S743b.012. Check the current official text before relying on it. Not legal advice.