1. (1) As used in this section:

   1. (a) “Health benefit plan” has the meaning given that term in ORS 743B.005.
   2. (b) “Health savings account” means an account established under section 223 of the Internal Revenue Code.

2. (2) This section applies to a health benefit plan that is:

   1. (a) Offered by a carrier as a plan that qualifies for a health savings account distribution; and
   2. (b) Subject to a provision of the Insurance Code that prohibits a health benefit plan from applying a deductible to a specified health care service that is reimbursed by the health benefit plan.

3. (3) The Department of Consumer and Business Services may approve a filing under ORS 742.003 for a health benefit plan described in subsection (2) of this section if:

   1. (a) The health benefit plan would be approved but for the failure of the plan to comply with the provision described in subsection (2)(b) of this section;
   2. (b) A deductible must be applied to the specified health care service for the plan to qualify for a distribution from a health savings account; and
   3. (c) The health benefit plan complies with all other applicable provisions of the Insurance Code.

Note: 742.008 was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 742 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

[2018 c.43 §3]