(1) As used in this section:

(a) ‘Health benefit plan’ has the meaning given that term in ORS § 743B.005.

(b) ‘Health savings account’ means an account established under section 223 of the Internal Revenue Code.

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

(a) Offered by a carrier as a plan that qualifies for a health savings account distribution; and

(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) 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:

(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;

(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

(c) The health benefit plan complies with all other applicable provisions of the Insurance Code. [2018 c.43 § 3]

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.