(1) A prescription drug benefit program, or a prescription drug benefit offered under a health benefit plan as defined in ORS 743.730 or under a student health insurance policy, must provide payment, coverage or reimbursement for:
(a) Prescription contraceptives; and
(b) If covered for other drug benefits under the program, plan or policy, outpatient consultations, examinations, procedures and medical services that are necessary to prescribe, dispense, deliver, distribute, administer or remove a prescription contraceptive.
(2) The coverage required by subsection (1) of this section may be subject to provisions of the program, plan or policy that apply equally to other prescription drugs covered by the program, plan or policy, including but not limited to required copayments, deductibles and coinsurance.
(3) As used in this section, “contraceptive” means a drug or device approved by the United States Food and Drug Administration to prevent pregnancy.
(4) A religious employer is exempt from the requirements of this section with respect to a prescription drug benefit program or a health benefit plan it provides to its employees. A “religious employer” is an employer:
(a) Whose purpose is the inculcation of religious values;
(b) That primarily employs persons who share the religious tenets of the employer;
(c) That primarily serves persons who share the religious tenets of the employer; and
(d) That is a nonprofit organization under section 6033(a)(2)(A)(i) or (iii) of the Internal Revenue Code.
(5) This section is exempt from the provisions of ORS 743A.001. [2007 c.182 §3]
Note: Section 13, chapter 182, Oregon Laws 2007, provides:
Sec. 13. Section 3 of this 2007 Act [743A.066] and the amendments to ORS 750.055 and 750.333 by sections 8 to 12 of this 2007 Act apply to prescription drug benefit programs, health benefit plans and student health insurance policies entered into, issued or renewed on or after the effective date of this 2007 Act [January 1, 2008]. [2007 c.182 §13]
Note: 743A.066 was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 743A or any series therein. See Preface to Oregon Revised Statutes for further explanation.
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