Oregon Statutes - Chapter 743 - Health and Life Insurance - Section 743.864 - Private right of action.

(1) An enrollee who is the subject of a decision of an independent review organization has a private right of action against the insurer for damages arising from an adverse decision by the insurer that is subject to external review if:

(a) The insurer states in the health benefit plan in which the enrollee is enrolled that the insurer is not bound by the decisions of an independent review organization; and

(b) The insurer fails to comply with the decision.

(2) The Legislative Assembly intends that there is no private right of action under subsection (1) of this section if a court finds either subsection (1)(a) or (b) of this section to be unconstitutional or otherwise void. [2001 c.266 §14]

Section:  Previous  743.857  743.858  743.859  743.860  743.861  743.862  743.863  743.864  743.865  743.866  743.868  743.870  743.871  743.874  743.875  Next

Last modified: August 7, 2008