Oregon Code § 243.866·Enacted ·Last updated March 01, 2026
Statute Text
Benefit plans; criteria; coverage options; payroll deductions; rules.
(1) The Oregon Educators Benefit
Board shall contract for benefit plans best designed to meet the needs and
provide for the welfare of eligible employees, the districts and local
governments. In considering whether to enter into a contract for a benefit
plan, the board shall place emphasis on:
(a) Employee
choice among high-quality plans;
(b) Encouragement
of a competitive marketplace;
(c) Plan
performance and information;
(d) District and
local government flexibility in plan design and contracting;
(e) Quality
customer service;
(f) Creativity
and innovation;
(g) Plan benefits
as part of total employee compensation;
(h) Improvement
of employee health; and
(i) Health
outcome and quality measures, described in ORS 413.017 (4), that are reported
by the plan.
(2) The board may
approve more than one carrier for each type of benefit plan offered, but the
board shall limit the number of carriers to a number consistent with adequate
service to eligible employees and family members. The board shall impose a
surcharge in an amount determined by the board on an eligible employee who
arranges coverage for the employees spouse or dependent under this subsection
if the spouse or dependent has access to medical coverage as an employee in
another health benefit plan offered by the board or the Public Employees
Benefit Board.
(3) When
appropriate, the board shall provide options under which an eligible employee
may arrange coverage for family members under a benefit plan.
(4) A district or
a local government shall provide that payroll deductions for benefit plan costs
that are not payable by the district or local government may be made upon
receipt of a signed authorization from the employee indicating an election to
participate in the benefit plan or plans selected and allowing the deduction of
those costs from the employees pay.
(5) In developing
any benefit plan, the board may provide an option of additional coverage for
eligible employees and family members at an additional premium.
(6) The board
shall adopt rules providing that transfer of enrollment from one benefit plan
to another is open to all eligible employees and family members. Because of the
special problems that may arise involving acceptable provider-patient relations
between a particular panel of providers and a particular eligible employee or
family member under a comprehensive group practice benefit plan, the board
shall provide a procedure under which any eligible employee may apply at any
time to substitute another benefit plan for participation in a comprehensive
group practice benefit plan.
(7) An eligible
employee who is retired is not required to participate in a health benefit plan
offered under this section in order to obtain dental benefit plan coverage. The
board shall establish by rule standards of eligibility for retired employees to
participate in a dental benefit plan.
(8) The board
shall evaluate a benefit plan that serves a limited geographic region of this
state according to the criteria described in subsection (1) of this section.
(9)(a) The board
shall use payment methodologies in self-insured health benefit plans offered by
the board that are designed to limit the growth in per-member expenditures for
health services to no more than 3.4 percent per year.
(b) The board
shall adopt policies and practices designed to limit the annual increase in
premium amounts paid for contracted health benefit plans to 3.4 percent.
(10) As
frequently as is recommended as a commercial best practice by consultants
engaged by the board, the board shall conduct an audit of the health benefit
plan enrollees continued eligibility for coverage as spouses or dependents or
any other basis that would affect the cost of the premium for the plan.
(11) If the board
spends less than 12 percent of its total medical expenditures in self-insured
health benefit plans on payments for primary care, the board shall implement a
plan for increasing the percentage of total medical expenditures spent on payments
for primary care by at least one percent each year.
(12) No later
than February 1 of each year, the board shall report to the Legislative
Assembly on any plan implemented under subsection (11) of this section and on
the boards progress toward achieving the target of spending at least 12
percent of total medical expenditures on payments for primary care. [2007 c.7 §4;
2010 c.49 §2; 2013 c.731 §18; 2015 c.389 §5; 2017 c.489 §§11,17; 2017 c.746 §28;
2019 c.484 §§3,4]
Note:
See note under 243.860.
04Consult a licensed attorney for application to specific cases
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