Oregon Revised Statutes Chapter 735 § 735.639 — Prohibited activities

Prohibited activities. (1) A person may not use or disseminate in marketing, advertising, promotional, sales or plan documents or other informational materials for discount medical plans or in communications with plan members or prospective plan members: (a) Misleading, deceptive or false statements; or (b) The terms “health plan,” “coverage,” “copay,” “copayments,” “deductible,” “preexisting condition,” “guaranteed issue,” “premium,” “preferred provider organization” or other terms in a manner that could reasonably mislead an individual into believing that the discount medical plan is insurance. (2) For the purposes of subsection (1) of this section, “misleading, deceptive or false statements” includes, but is not limited to, statements that: (a) Are misleading in fact or implication, including statements that, while containing truthful elements, conceal or omit information necessary or relevant for a consumer to make informed decisions concerning discount medical plans; or (b) Have a capacity or tendency to mislead or deceive based on the overall impression a reasonable consumer may form after seeing or hearing the statements. (3) A person may not represent in any marketing, advertising, promotional, sales or plan documents or other informational materials for a discount medical plan or in communications with plan members or prospective plan members that the State of Oregon reviews or approves the discount medical plan. (4) Before a person uses an advertisement, a brochure, a discount card or promotional or marketing material for marketing, promoting, selling or distributing a discount medical plan, the discount medical plan organization shall approve the material in writing. (5) At the request of the Director of the Department of Consumer and Business Services, a discount medical plan organization shall submit to the director an advertisement, a brochure, a discount card or promotional or marketing material used for marketing, promoting, selling or distributing a discount medical plan. [Formerly 742.434] Note: See note under 735.631.