1. (1) To qualify for enrollment in a qualified health plan in the individual market, an applicant must:

   1. (a) Be a United States citizen or national, or a lawfully present non-citizen;
   2. (b) Be a resident of Oregon; and
   3. (c) Not be incarcerated. Incarceration pending the disposition of charges is not a disqualifying factor.

2. (2) To qualify for enrollment in a qualified health plan that is a catastrophic plan, in addition to meeting the requirements of (1), an applicant must either:

   1. (a) Have not attained the age of 30 before the beginning of the plan year; or

   2. (b) Have a certification showing that he or she is exempt from the requirement to maintain minimum essential coverage for the plan year for which he or she is applying by reason of:

      1. (A) Lack of access to affordable coverage, in accordance with §5000A(e)(1) of the Internal Revenue Code; or
      2. (B) Hardship, in accordance with §5000A(e)(5) of the Internal Revenue Code.

Statutory/Other Authority

ORS 741.002

Statutes/Other Implemented

ORS 741.500

History

OHIE 6-2013, f. & cert. ef. 9-30-13