(2) Documents, materials and other information to which subsection (1) of this section applies is subject to the public officer privilege described in ORS 40.270.
(3) The Director of the Oregon Health Authority may:
(a) Authorize the sharing of confidential documents, materials or other information that is subject to subsection (1) of this section within the authority and subject to any conditions on further disclosure, for the purpose of carrying out the duties and functions of the authority under ORS 741.002, 741.310 and 741.500 or complying with federal health insurance exchange requirements.
(b) Authorize the sharing of confidential documents, materials or other information that is subject to subsection (1) of this section or that is otherwise confidential under ORS 192.345 or 192.355 with other state or federal health insurance exchanges or regulatory authorities, the Department of Consumer and Business Services, the Department of Revenue, law enforcement agencies and federal authorities, if required or authorized by state or federal law and if the recipient agrees to maintain the confidentiality of the documents, materials or other information.
(c) Receive documents, materials or other information, including documents, materials or other information that is otherwise confidential, from other state or federal health insurance exchanges or regulatory authorities, the Department of Consumer and Business Services, the Department of Revenue, law enforcement agencies or federal authorities. The authority shall maintain the confidentiality requested by the sender of the documents, materials or other information received under this section as necessary to comply with the laws of the jurisdiction from which the documents, materials or other information was received and originated.
(4) The disclosure of documents, materials or other information to the authority under this section, or the sharing of documents, materials or other information as authorized in subsection (3) of this section, does not waive any applicable privileges or claims of confidentiality in the documents, materials or other information.
(5) This section does not prohibit the authority from releasing to a database or other clearinghouse service maintained by federal authorities a final, adjudicated order, including a certification, recertification, suspension or decertification of a qualified health plan under ORS 741.002, if the order is otherwise subject to public disclosure. [2011 c.415 §15; 2015 c.3 §31; 2021 c.569 §32]
Structure 2021 Oregon Revised Statutes
Volume : 18 - Financial Institutions, Insurance
Chapter 741 - Health Insurance Exchange
Section 741.001 - Health insurance exchange; legislative intent.
Section 741.002 - Duties, powers and functions of Oregon Health Authority; rules.
Section 741.003 - Duties and powers of director.
Section 741.004 - Health Insurance Exchange Advisory Committee.
Section 741.008 - Criminal records check; fingerprints required; persons subject to requirement.
Section 741.105 - Charges and fees to be paid by insurers and state programs; rules.
Section 741.222 - Annual reports to Legislative Assembly.
Section 741.300 - Definitions.
Section 741.340 - Health benefit plans offered through exchange.
Section 741.342 - Small Business Health Options Program.
Section 741.500 - Required documentation; rules.
Section 741.540 - Complaints and investigations confidential; permitted disclosures.