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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 3234
Sponsored by Representative NATHANSON (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.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: Lets the Attorney General look into or sue a health insurer that breaks the law in cer-
tain ways. (Flesch Readability Score: 66.3).
Authorizes the Attorney General, at the Attorney General’s own initiative, but in consultation
and cooperation with the Director of the Department of Consumer and Business Services, to inves-
tigate and bring an action against a health insurer or affiliate of a health insurer in a court of this
state to enforce a violation of the antitrust laws of this state, to obtain damages, a civil penalty or
restitution, and to enjoin an act or practice that constitutes a monopoly, a business combination in
restraint of trade or commerce or a substantial reduction or elimination of competition or compet-
itors within a region or market of this state, or that otherwise constitutes an unlawful trade prac-
tice.
Takes effect on the 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to business practices that reduce access to health care in this state; amending ORS 731.256;
and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 731.256 is amended to read:
731.256. (1) The Director of the Department of Consumer and Business Services may institute
actions or other lawful proceedings that the director deems necessary to enforce a provision of the
Insurance Code or any order or action the director makes or takes in pursuance of law.
(2) As part of or in addition to any action or proceeding the director institutes against an
insurer under subsection (1) of this section, the director may:
(a) Seek restitution on a consumer’s behalf for actual damages the consumer suffers as a result
of the insurer’s violation of a provision of the Insurance Code or applicable federal law or the
insurer’s breach of an insurance contract or policy the insurer has with the consumer; and
(b) Seek other equitable relief the director deems appropriate under the circumstances.
(3) If the director has reason to believe that a person has violated a provision of the Insurance
Code or another law that applies to insurance operations, and if the violation is subject to criminal
prosecution and in the opinion of the director criminal prosecution is warranted, the director shall
give the information about the violation to the Attorney General or district attorney that has ju-
risdiction over the violation. The Attorney General or district attorney promptly shall institute an
action or a proceeding against the person as the information requires or justifies.
(4) An action or proceeding that the director institutes under subsection (1) of this section is
an exercise of the director’s regulatory authority and, except as otherwise provided in subsection
(3) or (5) of this section, does not create a cause of action for any other person.
(5)(a) As used in this subsection:
(A) “Affiliate” has the meaning given that term in ORS 732.548.
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 1775 HB3234
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(B) “Health insurance” has the meaning given that term in ORS 731.162.
(b) If an insurer that issues health insurance, or an affiliate of the insurer, violates ORS
646.725 or 646.730 or reduces timely consumer access to health care by an act or practice that
constitutes a monopoly, a business combination in restraint of trade or commerce or a sub-
stantial reduction or elimination of competition or competitors within a region or market
of this state, or that otherwise constitutes an unlawful trade practice, the Attorney General,
in addition to bringing any action under subsection (3) of this section that is appropriate or
warranted, may at the Attorney General’s own initiative but in consultation and cooperation
with the director:
(A) Investigate the violation or the act or practice as provided in ORS 646.618 or 646.750,
as is appropriate for the violation or for the act or practice;
(B) Bring an action in a court of this state under ORS 646.632 to enjoin the act or prac-
tice or under ORS 646.760 or 646.780, as appropriate, to obtain equitable relief, damages, civil
penalties or other relief; or
(C) Bring an action in a court of this state to obtain relief on behalf of another person
as provided in ORS 646.775.
(c) The director shall cooperate with and provide information to the Attorney General
that may enable or assist the Attorney General with an investigation or action described in
paragraph (b) of this subsection.
SECTION 2. This 2025 Act takes effect on the 91st day after the date on which the 2025
regular session of the Eighty-third Legislative Assembly adjourns sine die.
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