# ORS § 750.085: 750.085 Offer of replacement coverage upon order of liquidation

> Oregon · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C750_S750.085

## Section

- **Citation:** ORS § 750.085
- **Heading:** 750.085 Offer of replacement coverage upon order of liquidation
- **Jurisdiction:** Oregon
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** OR Code / Title 56 / Chapter 750 / Section 750.085

## Text

(1) If a final order of liquidation with a finding of insolvency has been entered with respect to a health care service contractor by a court of competent jurisdiction in the domicile of the health care service contractor, subscribers of the health care service contractor must be offered replacement coverage as provided in this section.

(2) All insurers and health care service contractors that participated with the insolvent health care service contractor in the open enrollment process at the last regular open enrollment period for a group shall offer members of the group that are subscribers of the insolvent health care service contractor an open enrollment period that the Director of the Department of Consumer and Business Services establishes by rule, commencing on the date on which the final order of liquidation with a finding of insolvency was entered. Each of the insurers and health care service contractors shall offer the subscribers of the insolvent health care service contractor the same coverages and rates that the insurer or health care service contractor had offered to members of the group at the group’s last regular open enrollment period.

(3) If no other insurer or health care service contractor offered health insurance coverage to a group or groups whose members are enrolled with the insolvent health care service contractor, or if the other insurers and health care service contractors lack sufficient health care delivery resources to assure that health care services will be available and accessible to all of the group subscribers of the insolvent health care service contractor, the Director of the Department of Consumer and Business Services shall equitably allocate the contract or contracts for the group or groups among all health care service contractors that operate within a portion of the service area of the insolvent health care service contractor. The director shall take into consideration the health care delivery resources of each health care service contractor. Each health care service contractor to which a group or groups are so allocated shall offer to each such group the existing coverage of the health care service contractor, at rates determined by the health care service contractor in accordance with the health care service contractor’s existing rating methodology. Each health care service contractor to whom a group or groups are allocated may reevaluate the group or groups at the end of the contractual period or at the end of six months after the allocation, whichever occurs first, in order to determine the appropriate premium for each such group.

(4) The director shall equitably allocate the nongroup subscribers of the insolvent health care service contractor that are unable to obtain other coverage among all health care service contractors that operate within a portion of the service area of the insolvent health care service contractor. The director shall take into consideration the health care delivery resources of each health care service contractor. Each health care service contractor to which nongroup subscribers are allocated shall offer the health care service contractor’s existing individual or conversion coverage to nongroup subscribers, at rates determined in accordance with the health care service contractor’s existing rating methodology. A health care service contractor that does not offer direct nongroup enrollment may aggregate all of the allocated nongroup subscribers into one group for rating and coverage purposes. [1989 c.783 §2; 2017 c.479 §23]

Source: Section 750.085 — Offer of replacement coverage upon order of liquidation; procedure; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors750.­html (accessed May 26, 2025).

## Nearby sections

- [ORS § 750.003 750.003 Purpose](https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C750_S750.003.md)
- [ORS § 750.005 750.005 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C750_S750.005.md)
- [ORS § 750.015 750.015 Management to include representatives of public](https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C750_S750.015.md)
- [ORS § 750.025 750.025 Restricting distribution of income](https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C750_S750.025.md)
- [ORS § 750.035 750.035 Regulation of hospital care associations under prior law](https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C750_S750.035.md)
- [ORS § 750.045 750.045 Required capitalization](https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C750_S750.045.md)
- [ORS § 750.055 750.055 Other provisions applicable to health care service contractors](https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C750_S750.055.md)
- [ORS § 750.059 750.059 Exemption of group practice maintenance organizations from reimbursement requirement for services provided by state hospital or state-approved program](https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C750_S750.059.md)
- [ORS § 750.065 750.065 Payment or reimbursement for services within scope of practice of optometrists](https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C750_S750.065.md)
- [ORS § 750.085 750.085 Offer of replacement coverage upon order of liquidation](https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C750_S750.085.md)
- [ORS § 750.095 750.095 Requirements of contract between provider and subscriber](https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C750_S750.095.md)
- [ORS § 750.301 750.301 Definitions for ORS 750.301 to 750.341](https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C750_S750.301.md)
- [ORS § 750.303 750.303 Conditions for use of multiple employer welfare arrangement](https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C750_S750.303.md)
- [ORS § 750.305 750.305 Application for certificate](https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C750_S750.305.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T56_C750_S750.085. Check the current official text before relying on it. Not legal advice.
