Oregon Administrative Rules
Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION
Division 200 - DEPARTMENT REGULATORY PROGRAMS
Section 836-200-0305 - Retainer Medical Practice Application for Certification
Universal Citation: OR Admin Rules 836-200-0305
Current through Register Vol. 63, No. 9, September 1, 2024
(1) The director of the Department of Consumer and Business Services may certify a retainer medical practice for a period of one year or more, if the applicant:
(a) Acts in accordance with the attestations
required by paragraph (c) of this section;
(b) Complies with and meets the requirements
of OAR 836-200-0300 to
836-200-0315 and sections (2)
and (3), chapter 499, Oregon Laws 2011 (Enrolled Senate Bill 86); and
(c) Completes and submits to the satisfaction
of the director a retainer medical practice application as set forth on the
website for the Division of Financial Regulation of the Department of Consumer
and Business Services at dfr.oregon.gov. As required on the form, the applicant
shall:
(A) Attest to the following:
(i) Under the retainer medical agreement
providers providing services are licensed or certified under ORS Chapters 677,
678, 684, or 685 and the services provided will be limited to primary care
services allowed within the scope of such licenses or certifications.
(ii) The applicant is not and has never been
authorized in this or any other state to transact insurance or act as an
insurer, managed care organization, health care services contractor, or similar
entity;
(iii) The applicant is not
controlled by any person described in subparagraph (ii) of this
paragraph;
(iv) The applicant will
structure the retainer medical practice to ensure that all services promised
under the retainer medical agreement are within the capacity of the practice to
provide in a timely manner;
(v) The
applicant is financially responsible and has the necessary business experience
or expertise to operate the practice;
(vi) The applicant will not discriminate
based on race, religion, gender, sexual identity, sexual preference, or health
status;
(vii) The applicant is
authorized to conduct business in the state of Oregon and has complied with all
registration requirements of this state; and
(viii) The information provided in the
application and all supplemental and additional information is true and
complete, and the applicant will submit to the jurisdiction of the courts of
the state of Oregon.
(B)
Establish to the satisfaction of the director that the applicant is financially
responsible. To establish that an applicant is financially responsible, the
applicant must provide all of the following:
(i) A statement of whether the applicant has
filed for bankruptcy during the 25-year period prior to the application or
renewal.
(ii) The applicant's
business plan, including a discussion of how the applicant intends to monitor
the practice to ensure the services promised under the retainer medical
agreement are provided in a timely manner. The plan must include a clear
description of how the retainer medical practice will ensure repayment of
retainer medical fees paid in advance if the retainer medical practice is
unable to provide the services promised under the retainer medical
agreement.
(iii) A copy of any
marketing materials and the retainer medical agreement that will be used for
the 12-month certification period and each subsequent renewal. The agreement
must include provisions that obligate the retainer medical practice to
reimburse retainer medical patients for retainer medical fees paid in advance
in the event the retainer medical practice is unable to provide services
promised under the retainer medical agreement.
(C) Establish that the applicant has the
necessary experience and expertise to operate a retainer medical practice by
providing all of the following:
(i) The name
of any other jurisdiction in which the applicant currently holds a license,
registration or certification to transact business as a retainer medical
practice or similar entity, or has held such a license or certification within
ten years prior to the date of the application.
(ii) A statement of whether any license or
registration of the applicant or any person with control of the applicant has
ever been denied, suspended, revoked or not renewed in this or any other state
and whether the applicant or any person with control of the applicant has
otherwise ever been the subject of an enforcement action taken by a licensing
or registration agency. For any action taken, the applicant shall provide the
name and address of the licensing or registration agency, the date of the
action taken against the license or registration and a description of the
reason for the action taken against the license or registration.
(iii) A biographical affidavit in the form
and manner prescribed by the director, completed by each member of the board of
directors, executive committee, or other governing board or committee of the
applicant; and
(iv) A statement
describing the background or training of the applicant that provides the
necessary business experience or expertise to operate a retainer medical
practice. The statement shall include the number of years the applicant has
been in practice. The statement may also include a description of any similar
business the applicant has operated, how many years the applicant operated the
similar business and any pertinent training or experience the applicant has
completed that has allowed the applicant to develop the necessary experience or
expertise to operate a practice. The experience need not be specific to a
retainer medical practice.
(D) Provide the names and Oregon license
numbers of all providers providing services through the medical retainer
practice.
(E) Provide the physical
and mailing address, telephone number, facsimile number, email address and
website address for each location providing retainer medical
services.
(F) Provide the name and
address for service of process for the retainer medical practice.
(G) Provide the name, mailing address,
telephone number, signature and email address of the person completing the
application on behalf of the applicant.
(H) Provide all names, including assumed
business names, under which the retainer medical practice will operate, market
or otherwise do business.
(2)
(a) A
retainer medical practice certification issued on or before February 1 of any
given year is valid through January 31 of the following year.
(b) A retainer medical practice certification
issued after February 1 of any given year is valid through January 31 of the
second year following the year of certification.
Statutory/Other Authority: ORS 731.244, Or Laws 2011, ch 499 & sec 2 & 3
Statutes/Other Implemented: ORS 731.244, Or Laws 2011, ch 499 & sec 2 & 3
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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