(1) Every insurer authorized to issue workers’ compensation coverage to subject employers as required by ORS chapter 656 shall maintain a place of business in this state where the insurer shall:
(a) Process, and keep complete records of, claims for compensation made to the insurer under ORS chapter 656.
(b) Make available upon request complete records, including all records submitted electronically, of all guaranty contracts issued as required by ORS chapter 656.
(c) Keep records identifying the specific persons covered by an employer electing coverage pursuant to ORS 656.039.
(2) Claims records must be retained in, and may be removed from, this state or disposed of, in accordance with the rules of the Director of the Department of Consumer and Business Services. The records must be available to the Department of Consumer and Business Services for examination and audit at all reasonable times upon notice by the department to the insurer.
(3) In lieu of establishing a place of business in this state for the purpose required by this section, an insurer may keep such records in this state at places of business operated by service companies, if:
(a) Each service company is incorporated in or authorized to do business in this state;
(b) The agreement entered into between the insurer and the service company grants each service company a power of attorney to act for the insurer in workers’ compensation coverage and claims proceedings under ORS chapter 656; and
(c) The agreement entered into between the insurer and each service company is approved by the director.
(4) Notwithstanding subsection (3) of this section, an insurer may not:
(a) Enter into a service agreement contract with one of its insureds unless the insured has service contracts with other insurers; or
(b) Have more than eight locations at any one time where claims are processed or records are maintained. [1975 c.585 §2; 1981 c.874 §8; 1987 c.373 §80a; 1989 c.630 §1; 1991 c.67 §194; 2003 c.170 §10]
Note: The amendments to 731.475 by section 23, chapter 241, Oregon Laws 2007, become operative July 1, 2009. See section 31, chapter 241, Oregon Laws 2007. The text that is operative on and after July 1, 2009, is set forth for the user’s convenience.
731.475. (1) Every insurer authorized to issue workers’ compensation coverage to subject employers as required by ORS chapter 656 shall maintain a place of business in this state where the insurer shall:
(a) Process, and keep complete records of, claims for compensation made to the insurer under ORS chapter 656.
(b) Make available upon request complete records, including all records submitted electronically, of all workers’ compensation insurance policies issued as required by ORS chapter 656.
(c) Keep records identifying the specific persons covered by an employer electing coverage pursuant to ORS 656.039.
(2) Claims records must be retained in, and may be removed from, this state or disposed of, in accordance with the rules of the Director of the Department of Consumer and Business Services. The records must be available to the Department of Consumer and Business Services for examination and audit at all reasonable times upon notice by the department to the insurer.
(3) In lieu of establishing a place of business in this state for the purpose required by this section, an insurer may keep such records in this state at places of business operated by service companies, if:
(a) Each service company is incorporated in or authorized to do business in this state;
(b) The agreement entered into between the insurer and the service company grants each service company a power of attorney to act for the insurer in workers’ compensation coverage and claims proceedings under ORS chapter 656; and
(c) The agreement entered into between the insurer and each service company is approved by the director.
(4) Notwithstanding subsection (3) of this section, an insurer may not:
(a) Enter into a service agreement contract with one of its insureds unless the insured has service contracts with other insurers; or
(b) Have more than eight locations at any one time where claims are processed or records are maintained.
Section: Previous 731.446 731.450 731.454 731.458 731.462 731.466 731.470 731.475 731.480 731.482 731.484 731.485 731.486 731.488 731.490 NextLast modified: August 7, 2008