Bill Text: OR HB4074 | 2012 | Regular Session | Introduced

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Bill Title: Relating to health promotion.

Sponsorship: Slight Partisan Bill (Republican 2-1)

Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4074 Detail]

Download: Oregon-2012-HB4074-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 82

                         House Bill 4074

Sponsored by Representative OLSON; Senator OLSEN (Presession
  filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Permits insurers, multiple employer welfare arrangements,
health care service contractors and self-insured employee health
benefit plans to offer health benefit plan that pays cash
dividends to enrollee who participates in wellness program.
Permits employer to pay additional cash dividends to
participating employees. Defines 'wellness program.  '
  Creates subtraction from federal taxable income for cash
dividends of $1,000 or less that are paid for participation in
wellness program.

                        A BILL FOR AN ACT
Relating to health promotion; creating new provisions; and
  amending ORS 743.824.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 743.824 is amended to read:
  743.824. (1) As used in this section  { - , 'healthy behaviors
' means participating in constructive behaviors that encourage
fitness, healthy eating and other activities that are beneficial
to good health. - }  { + :
  (a) 'Enrollee' means an individual who:
  (A) Is enrolled in an individual or group health benefit plan
or a self-insured employee health benefit plan; or
  (B) Receives health care coverage through a multiple employer
welfare arrangement described in ORS 750.301 to 750.341 or from a
health care service contractor described in ORS 750.005 to
750.095.
  (b) 'Health benefit plan' has the meaning given that term in
ORS 743.730.
  (c) 'Wellness program' means a program in which an enrollee, on
the basis of a health assessment, participates in one or more of
the following:
  (A) A tobacco use cessation program.
  (B) A weight control program.
  (C) A fitness program.
  (D) A nutritional education program. + }
  (2) An insurer   { - offering a health benefit plan, as defined
in ORS 743.730 - } , { +  multiple employer welfare arrangement,
health care service contractor or self-insured employee health
benefit plan + } may   { - pay - }  { +  offer a health benefit
plan that pays + } cash dividends to enrollees in the plan who
participate in a   { - program approved by the insurer that
promotes healthy behaviors - }  { +  wellness program. An
employer may pay cash dividends, in addition to the dividends
paid by the plan, to the employees who participate in the
wellness program + }.
   { +  (3) The individual conducting the health assessment for
purposes of a wellness program may be:
  (a) An enrollee's health care provider; or
  (b) An independent health care professional that contracts with
an enrollee's employer, insurer, third party administrator,
multiple employer welfare arrangement or health care service
contractor to conduct a health assessment, to determine the
enrollee's recommended level of participation in one or more of
the components of the wellness program and to monitor the
enrollee's participation in the wellness program.
  (4) The individual described in subsection (3) of this section
is subject to all requirements of state and federal law regarding
the retention and disclosure of protected health information.
  (5) An enrollee may not be required to participate in a
wellness program as a condition of coverage. + }
    { - (3) - }  { +  (6) + } Dividends paid pursuant to this
section are not premium variations for the purposes of ORS
743.767.
   { +  (7) Cash dividends of $1,000 or less that are paid under
subsection (2) of this section are not subject to the tax imposed
under ORS chapter 316. + }
  SECTION 2.  { + Section 3 of this 2012 Act is added to and made
a part of ORS chapter 316. + }
  SECTION 3.  { + There shall be subtracted from federal taxable
income an amount, not to exceed $1,000, equal to any cash
dividends that are paid to a taxpayer pursuant to ORS 743.824
(2). + }
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