Oregon 2026 Regular Session Status: Enacted

HB 4040 — Relating to health care; and declaring an emergency.

Last action — Chapter 109, (2026 Laws): Effective date April 7, 2026.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 02, 2026. Enacted.

Signed by Governor Tina Kotek (Democratic) on April 07, 2026.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 68% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Modifies the requirements for screening a hospital patient for presumptive eligibility for financial assistance. [<i>Prohibits the Oregon Health Authority from requiring certain home health agencies to comply with Medicare conditions of participation.</i>] [<i>Modifies the requirements for how the Department of Human Services must publish Residential Care Quality Measurement Program data.</i>] Removes the requirement that an applicant for a residential care facility administrator license hold a bachelor's degree in a health or social service related field. Allows a person residing in a correctional facility to receive prerelease medical assistance benefits under certain circumstances. [<i>Prohibits the authority or a coordinated care organization from requiring prior authorization for medical assistance coverage for repairing complex rehabilitation technology if the repair costs $1,500 or less.</i>] Modifies the requirements for meetings held by the Health Evidence Review Commission. Modifies the composition of the Medicaid Advisory Committee. Modifies the eligibility requirements for parent providers who are paid to provide attendant care services to their children. {See A-Eng Bill for omitted text.} Allows a full-time dentistry student enrolled in an out-of-state dental education program to practice dentistry without a license if the student is supervised by a faculty member of a dental education program accredited by the Commission on Dental Accreditation of the American Dental Association. Requires casualty or health insurance policies to provide coverage for medically necessary anesthesia services, regardless of duration, for any covered procedures. Requires dental insurers to follow certain rules for payment and denial of claims. Requires the Legislative Policy and Research Director to develop and propose to the [<i>Legislative Policy and Research Committee</i>] <b>committees with jurisdiction over health care</b> an insurance coverage mandate impact statement policy. Directs the [<i>committee</i>] <b>committees</b> to perform due diligence in considering the proposal and authorizes the [<i>committee</i>] <b>committees</b> to modify the proposal if the [<i>committee</i>] <b>committees</b> so [<i>determines</i>]<b> determine</b>, and then to adopt the policy. Repeals requirement that enrollees in individual or group policies or certificates of health insurance [<i>or members of coordinated care organizations</i>] be assigned by <b>their</b> insurer [<i>or organization</i>] to primary care providers under certain circumstances. Specifies exemptions from the requirement that pharmacy services administrative organizations must register with the Department of Consumer and Business Services as third party administrators. {See A-Eng Bill for omitted text.}<b> Modifies requirements for the Prescription Drug Affordability Board's annual affordability determination for insulin products.</b> Allows licensees of the Occupational Therapy Licensing Board and the Oregon Board of Physical Therapy to provide psilocybin services as licensed psilocybin service facilitators while providing occupational therapy or physical therapy services. {See A-Eng Bill for omitted text.} Lowers the age at which a naturopathic physician may request a retired license status from 70 years of age to [60] 65 years of age. Includes nurse practitioners and physician associates in the definition of "attending physician" for purposes of the treatment of workers’ compensable injuries. Declares an emergency, effective on passage.

Bill Text

What changed in the latest version

3116 added · 3294 removed

Plain-language change summary

House Bill 4040 has been updated to include several important changes regarding patient financial assistance in hospitals. Specifically, hospitals are now required to screen patients for eligibility for financial aid before sending them a bill, which can help ensure that those who qualify for support receive it. Additionally, if a hospital incorrectly determines that a patient is ineligible for assistance, they must not only refund any overcharged amounts but also pay interest and cover reasonable costs incurred by the patient in obtaining aid. These changes aim to reduce the financial burden on patients and improve access to necessary health care services.

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83rd OREGON LEGISLATIVE ASSEMBLY--2026 Regular Session A-Engrossed House Bill 4040 Ordered by the House February 16 Including House Amendments dated February 16 Introduced and printed pursuant to House Rule 12.00.
83rd OREGON LEGISLATIVE ASSEMBLY--2026 Regular Session Enrolled House Bill 4040 Introduced and printed pursuant to House Rule 12.00.
Presession filed (at the request of House Interim Committee on Health Care for Representative Rob Nosse) 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.
Presession filed (at the request of House In- terim Committee on Health Care for Representative Rob Nosse) CHAPTER .................................................
It is an editor’s brief statement of the essential features of the measure.
AN ACT Relating to health care;
The statement includes a measure digest written in compliance with applicable readability standards.
Digest:
The Act changes the rules for how certain health care is given in this state.
The Act alters how certain health care providers are licensed or regulated.
The Act changes some insurance rules.
The Act changes some pharmacy and drug rules.
The Act takes effect when signed.
(Flesch Readability Score:
79.7).
Modifies the requirements for screening a hospital patient for presumptive eligibility for finan- cial assistance.
Medicare conditions of participation.]rity from requiring certain home health agencies to comply with [Modifies the requirements for how the Department of Human Services must publish Residential Care Quality Measurement Program data.] Removes the requirement that an applicant for a residential care facility administrator license hold a bachelor’s degree in a health or social service related field.
Allows a person residing in a correctional facility to receive prerelease medical assistance benefits under certain circumstances.
[Prohibits the authority or a coordinated care organization from requiring prior authorization for medical assistance coverage for repairing complex rehabilitation technology if the repair costs $1,500 or less.] Modifies the requirements for meetings held by the Health Evidence Review Commission.
Modifies the composition of the Medicaid Advisory Committee.
Modifies the eligibility requirements for parent providers who are paid to provide attendant care services to their children.
[Prohibits a coordinated care organization or dental subcontractor from preventing an oral health care provider from informing consumers about their choice of providers.] Allows a full-time dentistry student enrolled in an out-of-state dental education program to practice dentistry without a license if the student is supervised by a faculty member of a dental education program accredited by the Commission on Dental Accreditation of the American Dental Association.
Requires casualty or health insurance policies to provide coverage for medically necessary anesthesia services, regardless of duration, for any covered procedures.
Requires dental insurers to follow certain rules for payment and denial of claims.
Requires the Legislative Policy and Research Director to develop and propose to the [Legislative Policy and Research Committee] committees with jurisdiction over health care an insurance coverage mandate impact statement policy.
Directs the [committee] committees to perform due diligence in considering the proposal and authorizes the [committee] committees to modify the pro- posal if the [committee] committees so [determines] determine, and then to adopt the policy.
Repeals requirement that enrollees in individual or group policies or certificates of health in- surance [or members of coordinated care organizations] be assigned by their insurer [or organization] to primary care providers under certain circumstances.
Specifies exemptions from the requirement that pharmacy services administrative organizations must register with the Department of Consumer and Business Services as third party administrators.
[Provides that the Governor shall select the chairperson of the Prescription Drug Affordability Board.] Modifies requirements for the Prescription Drug Affordability Board’s annual affordability determination for insulin products.
Allows licensees of the Occupational Therapy Licensing Board and the Oregon Board of Phys- ical Therapy to provide psilocybin services as licensed psilocybin service facilitators while providing occupational therapy or physical therapy services.
[Authorizes a naturopathic physician to prescribe durable medical equipment and admit a patient to a hospital.] Lowers the age at which a naturopathic physician may request a retired license status from 70 years of age to [60] 65 years of age.
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 241 A-Eng.
HB 4040 Includes nurse practitioners and physician associates in the definition of “attending physician” for purposes of the treatment of workers’ compensable injuries.
Declares an emergency, effective on passage.
A BILL FOR AN ACT 5 Relating to health care;
amending ORS 411.447, 414.211, 414.690, 427.191, 442.615, 475A.325, 475A.338, 475A.372, 646A.694, 656.005, 656.214, 656.245, 656.250, 656.252, 656.262, 656.268, 656.325, 656.340, 656.726, 656.797, 657.170, 659A.043, 659A.046, 659A.049, 659A.063, 678.733, 679.025, 685.100, 685.102, 743A.145, 743B.456, 744.702, 750.055 and 750.333 and 9 section 5, chapter 575, Oregon Laws 2015;
amending ORS 411.447, 414.211, 414.690, 427.191, 442.615, 475A.325, 475A.338, 475A.372, 646A.694, 656.005, 656.214, 656.245, 656.250, 656.252, 656.262, 656.268, 656.325, 656.340, 656.726, 656.797, 657.170, 659A.043, 659A.046, 659A.049, 659A.063, 678.733, 679.025, 685.100, 685.102, 743A.145, 743B.456, 744.702, 750.055 and 750.333 and section 5, chapter 575, Oregon Laws 2015;
(a) If the patient was screened for presumptive eligibility for financial assistance and was found not to be eligible or the patient disagrees with the amount of the financial assistance that was of- fered;
Enrolled House Bill 4040 (HB 4040-A) Page 1 (a) If the patient was screened for presumptive eligibility for financial assistance and was found not to be eligible or the patient disagrees with the amount of the financial assistance that was of- fered;
(6) If a patient applies for financial assistance after having paid for the services and the patient [2] A-Eng.
(6) If a patient applies for financial assistance after having paid for the services and the patient is found to have been eligible for financial assistance when the services were provided:
HB 4040 is found to have been eligible for financial assistance when the services were provided:
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or (C) Graduation from a post-secondary institution;
or Enrolled House Bill 4040 (HB 4040-A) Page 2 (C) Graduation from a post-secondary institution;
(c)(A) For at least two of the last five years has been employed in a professional or managerial [3] A-Eng.
(c)(A) For at least two of the last five years has been employed in a professional or managerial capacity in a health or social service related field, or has a combination of experience and education deemed sufficient by the office;
HB 4040 capacity in a health or social service related field, or has a combination of experience and education deemed sufficient by the office;
(2) The Health Licensing Office make take any action before the operative date specified in subsection (1) of this section that is necessary to enable the office to exercise, on and after the operative date specified in subsection (1) of this section, all of the duties, functions and powers conferred on the office by the amendments to ORS 678.733 by section 2 of this 2026 Act.
(2) The Health Licensing Office make take any action before the operative date specified in subsection (1) of this section that is necessary to enable the office to exercise, on and after the operative date specified in subsection (1) of this section, all of the duties, functions and powers conferred on the office by the amendments to ORS 678.733 by section 2 of this Act.
(b) The designee may obtain information necessary to determine eligibility for medical assist- [4] A-Eng.
(b) The designee may obtain information necessary to determine eligibility for medical assist- ance, including the person’s Social Security number or information that is not otherwise subject to disclosure under ORS 411.320 or 413.175.
HB 4040 ance, including the person’s Social Security number or information that is not otherwise subject to disclosure under ORS 411.320 or 413.175.
[(c) If the person is determined eligible for medical assistance, the effective date of the person’s medical assistance shall be the date the person is released from the correctional facility or the date the person begins the period of hospitalization outside of the correctional facility.] (5) This section does not extend eligibility to an otherwise ineligible person or extend medical assistance to a person if matching federal funds are not available to pay for the medical assistance.
Enrolled House Bill 4040 (HB 4040-A) Page 3 [(c) If the person is determined eligible for medical assistance, the effective date of the person’s medical assistance shall be the date the person is released from the correctional facility or the date the person begins the period of hospitalization outside of the correctional facility.] (5) This section does not extend eligibility to an otherwise ineligible person or extend medical assistance to a person if matching federal funds are not available to pay for the medical assistance.
(b) The public meeting process described in this subsection shall include, but not be lim- ited to:
(b) The public meeting process described in this subsection shall include, but not be limited to:
(c) The list must be submitted by the commission pursuant to subsection [(5)] (6) of this section [5] A-Eng.
(c) The list must be submitted by the commission pursuant to subsection [(5)] (6) of this section and is not subject to alteration by any other state agency.
HB 4040 and is not subject to alteration by any other state agency.
(c) Shall consider both the clinical effectiveness and cost-effectiveness of health services, in- cluding drug therapies, in determining their relative importance using peer-reviewed medical litera- ture.
Enrolled House Bill 4040 (HB 4040-A) Page 4 (c) Shall consider both the clinical effectiveness and cost-effectiveness of health services, in- cluding drug therapies, in determining their relative importance using peer-reviewed medical litera- ture.
[6] A-Eng.
(c) [Two] Four Medicaid recipients, [one of whom shall be a] including one person with a dis- ability and one person who qualifies for medical assistance based on modified adjusted gross income criteria;
HB 4040 (c) [Two] Four Medicaid recipients, [one of whom shall be a] including one person with a dis- ability and one person who qualifies for medical assistance based on modified adjusted gross income criteria;
(5) Members of the committee shall receive no compensation for their services but, subject to any applicable state law, shall be allowed actual and necessary travel expenses incurred in the performance of their duties from the Oregon Health Authority Fund.
Enrolled House Bill 4040 (HB 4040-A) Page 5 (5) Members of the committee shall receive no compensation for their services but, subject to any applicable state law, shall be allowed actual and necessary travel expenses incurred in the performance of their duties from the Oregon Health Authority Fund.
(1) For the period between the effective date of this 2026 Act and July 9, 2026, at least 10 percent Medicaid recipients;
(1) For the period between the effective date of this 2026 Act and July 9, 2026, at least percent Medicaid recipients;
(a) “Agency” means an agency that hires, trains and supervises direct support professionals us- ing state funds received from the Department of Human Services.
(a) “Agency” means an agency that hires, trains and supervises direct support professionals using state funds received from the Department of Human Services.
[7] A-Eng.
(g) “Direct support professional” means an individual who is hired, employed, trained, paid and supervised by an agency to provide attendant care services to a client of the agency.
HB 4040 (g) “Direct support professional” means an individual who is hired, employed, trained, paid and supervised by an agency to provide attendant care services to a client of the agency.
(n) “Very high medical needs” means a minor child’s extraordinary needs for support due to the child’s medical condition as indicated by a federally approved functional needs assessment adopted by the department that assigns the child to the highest service level.
Enrolled House Bill 4040 (HB 4040-A) Page 6 (n) “Very high medical needs” means a minor child’s extraordinary needs for support due to the child’s medical condition as indicated by a federally approved functional needs assessment adopted by the department that assigns the child to the highest service level.
and (D) May not pay providers of attendant care services, including parent providers, to provide [8] A-Eng.
and (D) May not pay providers of attendant care services, including parent providers, to provide services to a [minor] child during school hours due to the determination of a school district or due to the choice of a parent of the [client] child to:
HB 4040 services to a [minor] child during school hours due to the determination of a school district or due to the choice of a parent of the [client] child to:
(6) If required by the Centers for Medicare and Medicaid Services, the department may require a parent provider to assign an alternative legal representative for the client child to make decisions about or manage the development and implementation of the client child’s individual support plan.
(6) If required by the Centers for Medicare and Medicaid Services, the department may require a parent provider to assign an alternative legal representative for the client child to make decisions Enrolled House Bill 4040 (HB 4040-A) Page 7 about or manage the development and implementation of the client child’s individual support plan.
[9] A-Eng.
(c) Requirements for appropriate training, background checks and oversight, including training requirements for:
HB 4040 (c) Requirements for appropriate training, background checks and oversight, including training requirements for:
(b) The number of hours of attendant care services provided by parent providers and number of hours of attendant care services provided by nonparent caregivers;
Enrolled House Bill 4040 (HB 4040-A) Page 8 (b) The number of hours of attendant care services provided by parent providers and number of hours of attendant care services provided by nonparent caregivers;
[10] A-Eng.
679.025.
HB 4040 679.025.
(c) Bona fide full-time students of dentistry who, during the period of their enrollment and as a part of the course of study in a dental education program located outside of Oregon that is accred- ited by the Commission on Dental Accreditation of the American Dental Association or its successor [agency] organization, engage in community-based or clinical studies as an elective or required ro- tation in a clinical setting located in Oregon if the community-based or clinical studies meet mini- mum requirements prescribed by the rules of the board and are performed under the indirect supervision of a [member of the faculty of the Oregon Health and Science University School of Dentistry] faculty member of a dental education program accredited by the Commission on Dental Accreditation of the American Dental Association, or its successor organization.
(c) Bona fide full-time students of dentistry who, during the period of their enrollment and as a part of the course of study in a dental education program located outside of Oregon that is ac- credited by the Commission on Dental Accreditation of the American Dental Association or its successor [agency] organization, engage in community-based or clinical studies as an elective or required rotation in a clinical setting located in Oregon if the community-based or clinical studies meet minimum requirements prescribed by the rules of the board and are performed under the in- direct supervision of a [member of the faculty of the Oregon Health and Science University School of Dentistry] faculty member of a dental education program accredited by the Commission on Dental Accreditation of the American Dental Association, or its successor organization.
(B) Dentists licensed in another state or United States territory and practicing in this state under ORS 676.347.
Enrolled House Bill 4040 (HB 4040-A) Page 9 (B) Dentists licensed in another state or United States territory and practicing in this state under ORS 676.347.
[11] A-Eng.
(m) A person licensed as a denturist under ORS 680.500 to 680.565 engaged in the practice of denture technology.
HB 4040 (m) A person licensed as a denturist under ORS 680.500 to 680.565 engaged in the practice of denture technology.
(2) The Oregon Board of Dentistry make take any action before the operative date spec- ified in subsection (1) of this section that is necessary to enable the board to exercise, on and after the operative date specified in subsection (1) of this section, all of the duties, functions and powers conferred on the board by the amendments to ORS 679.025 by section 12 of this 2026 Act.
(2) The Oregon Board of Dentistry make take any action before the operative date spec- ified in subsection (1) of this section that is necessary to enable the board to exercise, on and after the operative date specified in subsection (1) of this section, all of the duties, functions and powers conferred on the board by the amendments to ORS 679.025 by section of this 2026 Act.
[12] A-Eng.
(a) The dental insurer notifies the provider, in advance, of the potential fees or other charges associated with the use of the credit card or electronic funds transfer payment method;
HB 4040 (a) The dental insurer notifies the provider, in advance, of the potential fees or other charges associated with the use of the credit card or electronic funds transfer payment method;
Enrolled House Bill 4040 (HB 4040-A) Page 10 (b) The dental insurer offers the provider an alternative payment method that does not impose fees or similar charges on the provider;
(b) The dental insurer offers the provider an alternative payment method that does not impose fees or similar charges on the provider;
[13] A-Eng.
(A) Requests the refund in writing or electronically within 45 days after the date the payment was made;
HB 4040 (A) Requests the refund in writing or electronically within 45 days after the date the payment was made;
(4) If a dental provider fails to contest a refund request in writing or electronically to the dental insurer within 30 days after receiving the request, the request is deemed accepted and the dental provider must pay the refund within 30 days after the request is deemed accepted.
Enrolled House Bill 4040 (HB 4040-A) Page 11 (4) If a dental provider fails to contest a refund request in writing or electronically to the dental insurer within 30 days after receiving the request, the request is deemed accepted and the dental provider must pay the refund within 30 days after the request is deemed ac- cepted.
(3) In preparing the template, the director shall consider models used in other states and [14] A-Eng.
(3) In preparing the template, the director shall consider models used in other states and in academic research for assessing the impacts of proposed insurance coverage mandate legislation and other formal actions undertaken by national, state and local government en- tities and other entities in the United States, including educational institutions.
HB 4040 in academic research for assessing the impacts of proposed insurance coverage mandate legislation and other formal actions undertaken by national, state and local government en- tities and other entities in the United States, including educational institutions.
(b) The director’s experience in preparing draft impact statements;
Enrolled House Bill 4040 (HB 4040-A) Page 12 (b) The director’s experience in preparing draft impact statements;
[15] A-Eng.
(6) A listing of other state or federal laws that relate to the proposed measure, including whether other states are defraying the cost of similar coverage in accordance with 42 U.S.C.
HB 4040 (6) A listing of other state or federal laws that relate to the proposed measure, including whether other states are defraying the cost of similar coverage in accordance with 42 U.S.C.
The recommen- dations may include legislative proposals or explanations of the need for additional resources.
The recommenda- tions may include legislative proposals or explanations of the need for additional resources.
(2) Section 3, chapter 489, Oregon Laws 2017, is repealed on December 31, 2027.
Enrolled House Bill 4040 (HB 4040-A) Page 13 (2) Section 3, chapter 489, Oregon Laws 2017, is repealed on December 31, 2027.
(h) ORS 743A.010, 743A.012, 743A.014, 743A.020, 743A.034, 743A.036, 743A.040, 743A.044, 743A.048, 743A.051, 743A.052, 743A.058, 743A.060, 743A.062, 743A.063, 743A.064, 743A.065, 743A.066, [16] A-Eng.
(h) ORS 743A.010, 743A.012, 743A.014, 743A.020, 743A.034, 743A.036, 743A.040, 743A.044, 743A.048, 743A.051, 743A.052, 743A.058, 743A.060, 743A.062, 743A.063, 743A.064, 743A.065, 743A.066, 743A.068, 743A.070, 743A.080, 743A.081, 743A.082, 743A.084, 743A.088, 743A.090, 743A.100, 743A.104, 743A.105, 743A.108, 743A.110, 743A.124, 743A.140, 743A.141, 743A.148, 743A.150, 743A.160, 743A.168, 743A.169, 743A.170, 743A.171, 743A.175, 743A.185, 743A.188, 743A.190, 743A.192, 743A.250, 743A.252, 743A.260, 743A.310 and 743A.315 and section 2, chapter 771, Oregon Laws 2013.
HB 4040 743A.068, 743A.070, 743A.080, 743A.081, 743A.082, 743A.084, 743A.088, 743A.090, 743A.100, 743A.104, 743A.105, 743A.108, 743A.110, 743A.124, 743A.140, 743A.141, 743A.148, 743A.150, 743A.160, 743A.168, 743A.169, 743A.170, 743A.171, 743A.175, 743A.185, 743A.188, 743A.190, 743A.192, 743A.250, 743A.252, 743A.260, 743A.310 and 743A.315 and section 2, chapter 771, Oregon Laws 2013.
(5)(a) A health care service contractor is a domestic insurance company for the purpose of de- termining whether the health care service contractor is a debtor, as defined in 11 U.S.C.
Enrolled House Bill 4040 (HB 4040-A) Page 14 (5)(a) A health care service contractor is a domestic insurance company for the purpose of de- termining whether the health care service contractor is a debtor, as defined in 11 U.S.C.
[17] A-Eng.
(c) ORS 732.215, 732.220, 732.230, 732.245, 732.250, 732.320, 732.325 and 732.517 to 732.596, not including ORS 732.582, and ORS 732.650 to 732.689.
HB 4040 (c) ORS 732.215, 732.220, 732.230, 732.245, 732.250, 732.320, 732.325 and 732.517 to 732.596, not including ORS 732.582, and ORS 732.650 to 732.689.
(a) ORS 731.485, if the group practice health maintenance organization wholly owns and oper- ates an in-house drug outlet.
Enrolled House Bill 4040 (HB 4040-A) Page 15 (a) ORS 731.485, if the group practice health maintenance organization wholly owns and oper- ates an in-house drug outlet.
(b) A health care service contractor’s classification as a domestic insurance company under [18] A-Eng.
(b) A health care service contractor’s classification as a domestic insurance company under paragraph (a) of this subsection does not subject the health care service contractor to ORS 734.510 to 734.710.
HB 4040 paragraph (a) of this subsection does not subject the health care service contractor to ORS 734.510 to 734.710.
ORS 750.055, as amended by section 21, chapter 771, Oregon Laws 2013, section 7, chapter 25, Oregon Laws 2014, section 82, chapter 45, Oregon Laws 2014, section 9, chapter 59, Oregon Laws 2015, section 7, chapter 100, Oregon Laws 2015, section 7, chapter 224, Oregon Laws 2015, section 11, chapter 362, Oregon Laws 2015, section 10, chapter 470, Oregon Laws 2015, section 30, chapter 515, Oregon Laws 2015, section 10, chapter 206, Oregon Laws 2017, section 6, chapter 417, Oregon Laws 2017, section 22, chapter 479, Oregon Laws 2017, section 10, chapter 7, Oregon Laws 2018, section 69, chapter 13, Oregon Laws 2019, section 38, chapter 151, Oregon Laws 2019, section 5, chapter 441, Oregon Laws 2019, section 85, chapter 97, Oregon Laws 2021, section 12, chapter 37, Oregon Laws 2022, section 5, chapter 111, Oregon Laws 2023, section 2, chapter 152, Oregon Laws 2023, section 4, chapter 24, Oregon Laws 2024, section 5, chapter 35, Oregon Laws 2024, section 22, chapter 70, Oregon Laws 2024, section 163, chapter 73, Oregon Laws 2024, sections 6 and 8, chapter 388, Oregon Laws 2025, section 6, chapter 536, Oregon Laws 2025, and section 19, chapter 539, Oregon Laws 2025, is amended to read:
ORS 750.055, as amended by section 21, chapter 771, Oregon Laws 2013, section 7, chapter 25, Oregon Laws 2014, section 82, chapter 45, Oregon Laws 2014, section 9, chapter 59, Oregon Laws 2015, section 7, chapter 100, Oregon Laws 2015, section 7, chapter 224, Oregon Laws 2015, section 11, chapter 362, Oregon Laws 2015, section 10, chapter 470, Oregon Laws 2015, section 30, chapter 515, Oregon Laws 2015, section 10, chapter 206, Oregon Laws 2017, section 6, chapter 417, Oregon Laws 2017, section 22, chapter 479, Oregon Laws 2017, section 10, chapter 7, Oregon Laws 2018, section 69, chapter 13, Oregon Laws 2019, section 38, chapter 151, Oregon Laws 2019, section 5, chapter 441, Oregon Laws 2019, section 85, chapter 97, Oregon Laws 2021, section 12, chapter 37, Oregon Laws 2022, section 5, chapter 111, Oregon Laws 2023, section 2, chapter 152, Oregon Laws 2023, section 4, chapter 24, Oregon Laws 2024, section 5, chapter 35, Oregon Laws 2024, section 22, chapter 70, Oregon Laws 2024, section 163, chapter 73, Oregon Laws 2024, sections and 8, chapter 388, Oregon Laws 2025, section 6, chapter 536, Oregon Laws 2025, and section 19, chapter 539, Oregon Laws 2025, is amended to read:
(h) ORS 743A.010, 743A.012, 743A.014, 743A.020, 743A.034, 743A.036, 743A.040, 743A.044, 743A.048, 743A.051, 743A.052, 743A.058, 743A.060, 743A.062, 743A.063, 743A.064, 743A.065, 743A.066, 743A.068, 743A.070, 743A.080, 743A.081, 743A.082, 743A.084, 743A.088, 743A.090, 743A.100, 743A.104, 743A.105, 743A.108, 743A.110, 743A.124, 743A.140, 743A.141, 743A.148, 743A.150, 743A.160, 743A.168, 743A.169, 743A.170, 743A.171, 743A.175, 743A.185, 743A.188, 743A.190, 743A.192, 743A.250, 743A.252, 743A.260, 743A.310 and 743A.315.
(h) ORS 743A.010, 743A.012, 743A.014, 743A.020, 743A.034, 743A.036, 743A.040, 743A.044, 743A.048, 743A.051, 743A.052, 743A.058, 743A.060, 743A.062, 743A.063, 743A.064, 743A.065, 743A.066, 743A.068, 743A.070, 743A.080, 743A.081, 743A.082, 743A.084, 743A.088, 743A.090, 743A.100, 743A.104, 743A.105, 743A.108, 743A.110, 743A.124, 743A.140, 743A.141, 743A.148, 743A.150, 743A.160, 743A.168, Enrolled House Bill 4040 (HB 4040-A) Page 16 743A.169, 743A.170, 743A.171, 743A.175, 743A.185, 743A.188, 743A.190, 743A.192, 743A.250, 743A.252, 743A.260, 743A.310 and 743A.315.
(i) ORS 743B.001, 743B.003 to 743B.127, 743B.128, 743B.130, 743B.195, 743B.197, 743B.200, 743B.202, 743B.204, 743B.220, [743B.221,] 743B.222, 743B.225, 743B.227, 743B.250, 743B.252, 743B.253, 743B.254, 743B.255, 743B.256, 743B.257, 743B.258, 743B.275 to 743B.285, 743B.287, 743B.300, 743B.310, [19] A-Eng.
(i) ORS 743B.001, 743B.003 to 743B.127, 743B.128, 743B.130, 743B.195, 743B.197, 743B.200, 743B.202, 743B.204, 743B.220, [743B.221,] 743B.222, 743B.225, 743B.227, 743B.250, 743B.252, 743B.253, 743B.254, 743B.255, 743B.256, 743B.257, 743B.258, 743B.275 to 743B.285, 743B.287, 743B.300, 743B.310, 743B.320, 743B.323, 743B.330, 743B.340, 743B.341, 743B.342, 743B.343 to 743B.347, 743B.400, 743B.403, 743B.407, 743B.420, 743B.423, 743B.430, 743B.445, 743B.450, 743B.451, 743B.452, 743B.453, 743B.470, 743B.475, 743B.505, 743B.550, 743B.555, 743B.601, 743B.602, 743B.603, 743B.607, 743B.610 and 743B.800.
HB 4040 743B.320, 743B.323, 743B.330, 743B.340, 743B.341, 743B.342, 743B.343 to 743B.347, 743B.400, 743B.403, 743B.407, 743B.420, 743B.423, 743B.430, 743B.445, 743B.450, 743B.451, 743B.452, 743B.453, 743B.470, 743B.475, 743B.505, 743B.550, 743B.555, 743B.601, 743B.602, 743B.603, 743B.607, 743B.610 and 743B.800.
(g) ORS 743A.010, 743A.012, 743A.014, 743A.020, 743A.024, 743A.034, 743A.036, 743A.040, 743A.048, 743A.051, 743A.052, 743A.058, 743A.060, 743A.062, 743A.063, 743A.064, 743A.065, 743A.066, [20] A-Eng.
(g) ORS 743A.010, 743A.012, 743A.014, 743A.020, 743A.024, 743A.034, 743A.036, 743A.040, 743A.048, 743A.051, 743A.052, 743A.058, 743A.060, 743A.062, 743A.063, 743A.064, 743A.065, 743A.066, 743A.068, 743A.070, 743A.080, 743A.081, 743A.082, 743A.084, 743A.088, 743A.090, 743A.100, 743A.104, 743A.105, 743A.108, 743A.110, 743A.124, 743A.140, 743A.141, 743A.148, 743A.150, 743A.160, 743A.168, Enrolled House Bill 4040 (HB 4040-A) Page 17 743A.169, 743A.170, 743A.171, 743A.175, 743A.180, 743A.185, 743A.188, 743A.190, 743A.192, 743A.250, 743A.252, 743A.260 and 743A.310.
HB 4040 743A.068, 743A.070, 743A.080, 743A.081, 743A.082, 743A.084, 743A.088, 743A.090, 743A.100, 743A.104, 743A.105, 743A.108, 743A.110, 743A.124, 743A.140, 743A.141, 743A.148, 743A.150, 743A.160, 743A.168, 743A.169, 743A.170, 743A.171, 743A.175, 743A.180, 743A.185, 743A.188, 743A.190, 743A.192, 743A.250, 743A.252, 743A.260 and 743A.310.
[21] A-Eng.
(h) ORS 743B.001, 743B.003 to 743B.127 (except 743B.125 to 743B.127), 743B.195, 743B.197, 743B.200, 743B.202, 743B.204, 743B.220, 743B.222, 743B.225, 743B.227, 743B.250, 743B.252, 743B.253, 743B.254, 743B.255, 743B.256, 743B.257, 743B.258, 743B.310, 743B.320, 743B.321, 743B.330, 743B.340, 743B.341, 743B.342, 743B.343, 743B.344, 743B.345, 743B.347, 743B.400, 743B.403, 743B.407, 743B.420, 743B.423, 743B.430, 743B.445, 743B.451, 743B.453, 743B.470, 743B.505, 743B.550, 743B.555, 743B.601, 743B.607 and 743B.610.
HB 4040 (h) ORS 743B.001, 743B.003 to 743B.127 (except 743B.125 to 743B.127), 743B.195, 743B.197, 743B.200, 743B.202, 743B.204, 743B.220, 743B.222, 743B.225, 743B.227, 743B.250, 743B.252, 743B.253, 743B.254, 743B.255, 743B.256, 743B.257, 743B.258, 743B.310, 743B.320, 743B.321, 743B.330, 743B.340, 743B.341, 743B.342, 743B.343, 743B.344, 743B.345, 743B.347, 743B.400, 743B.403, 743B.407, 743B.420, 743B.423, 743B.430, 743B.445, 743B.451, 743B.453, 743B.470, 743B.505, 743B.550, 743B.555, 743B.601, 743B.607 and 743B.610.
(B) ORS 744.602 to 744.665, relating to the regulation of insurance consultants;
Enrolled House Bill 4040 (HB 4040-A) Page 18 (B) ORS 744.602 to 744.665, relating to the regulation of insurance consultants;
or (C) The device, or a part of the device, requiring repair and the cost of the repair would be more [22] A-Eng.
or (C) The device, or a part of the device, requiring repair and the cost of the repair would be more than 60 percent of the cost of the replacement device or replacement part of the device.
HB 4040 than 60 percent of the cost of the replacement device or replacement part of the device.
(5) If the coverage under subsection (2) of this section is provided through a managed care or- ganization, the insured shall have access to medically necessary clinical care and to devices and technology from not fewer than two distinct Oregon prosthetic and orthotic providers in the man- aged care organization’s provider network.
Enrolled House Bill 4040 (HB 4040-A) Page 19 (5) If the coverage under subsection (2) of this section is provided through a managed care or- ganization, the insured shall have access to medically necessary clinical care and to devices and technology from not fewer than two distinct Oregon prosthetic and orthotic providers in the man- aged care organization’s provider network.
(a) Directly or indirectly solicits or effects coverage of, underwrites, collects charges or premi- ums from, or adjusts or settles claims on, residents of this state or residents of another state from [23] A-Eng.
(a) Directly or indirectly solicits or effects coverage of, underwrites, collects charges or premi- ums from, or adjusts or settles claims on, residents of this state or residents of another state from offices in this state, in connection with life insurance or health insurance coverage;
HB 4040 offices in this state, in connection with life insurance or health insurance coverage;
(a) Whether the prescription drug has led to health inequities in communities of color;
Enrolled House Bill 4040 (HB 4040-A) Page 20 (a) Whether the prescription drug has led to health inequities in communities of color;
[24] A-Eng.
(L) Any information a manufacturer chooses to provide;
HB 4040 (L) Any information a manufacturer chooses to provide;
(6) The information used to conduct an affordability review may include any document and re- search related to the introductory price or price increase of a prescription drug, including life cycle management, net average price in this state, market competition and context, projected revenue and the estimated value or cost-effectiveness of the prescription drug.
(6) The information used to conduct an affordability review may include any document and re- search related to the introductory price or price increase of a prescription drug, including life cycle Enrolled House Bill 4040 (HB 4040-A) Page 21 management, net average price in this state, market competition and context, projected revenue and the estimated value or cost-effectiveness of the prescription drug.
rules.] (1) The facilitation of psilocybin services is subject to regulation by the Oregon Health Authority.
rules.(1) The facilitation of psilocybin services is subject to regulation by the Oregon Health Authority.
[25] A-Eng.
[(c) Must, until January 1, 2025, provide proof that the applicant has been a resident of this state for two or more years;] [(d)] (c) [Must] Have a high school diploma or equivalent education;
HB 4040 [(c) Must, until January 1, 2025, provide proof that the applicant has been a resident of this state for two or more years;] [(d)] (c) [Must] Have a high school diploma or equivalent education;
[(A)] (B) The Oregon Board of Licensed Professional Counselors and Therapists;
Enrolled House Bill 4040 (HB 4040-A) Page 22 [(A)] (B) The Oregon Board of Licensed Professional Counselors and Therapists;
(b) A person who is licensed or otherwise authorized by a board to provide health care or be- [26] A-Eng.
(b) A person who is licensed or otherwise authorized by a board to provide health care or be- havioral health care services and who holds a license under ORS 475A.325 may, in accordance with the provisions of ORS 475A.210 to 475A.722 and rules adopted under ORS 475A.210 to 475A.722:
HB 4040 havioral health care services and who holds a license under ORS 475A.325 may, in accordance with the provisions of ORS 475A.210 to 475A.722 and rules adopted under ORS 475A.210 to 475A.722:
[and] (C) For doses higher than five milligrams of psilocybin analyte, the total average dose of psilocybin per client per administration session[.];
[and] Enrolled House Bill 4040 (HB 4040-A) Page 23 (C) For doses higher than five milligrams of psilocybin analyte, the total average dose of psilocybin per client per administration session[.];
and [27] A-Eng.
and (D) For doses of five milligrams or less of psilocybin analyte, the total average dose of psilocybin per client per administration session.
HB 4040 (D) For doses of five milligrams or less of psilocybin analyte, the total average dose of psilocybin per client per administration session.
A lapsed license may be re- [28] A-Eng.
A lapsed license may be re- stored by the board upon receipt, not more than 30 days after the license lapses, of a completed renewal application and payment of the restoration fee under subsection (8) of this section.
HB 4040 stored by the board upon receipt, not more than 30 days after the license lapses, of a completed renewal application and payment of the restoration fee under subsection (8) of this section.
(5) A person holding an active license under this chapter may convert the license to inactive status by meeting the requirements set by rule of the board and paying any required fees.
Enrolled House Bill 4040 (HB 4040-A) Page 24 (5) A person holding an active license under this chapter may convert the license to inactive status by meeting the requirements set by rule of the board and paying any required fees.
(a) A pain management education program approved by the board and developed based on rec- ommendations of the Pain Management Commission;
(a) A pain management education program approved by the board and developed based on re- commendations of the Pain Management Commission;
or [29] A-Eng.
or (b) An equivalent pain management education program, as determined by the board.
HB 4040 (b) An equivalent pain management education program, as determined by the board.
(4) The board shall require licensees to obtain continuing education for the use of pharmacological substances for diagnostic, preventive and therapeutic purposes in order to maintain current licensure.
Enrolled House Bill 4040 (HB 4040-A) Page 25 (4) The board shall require licensees to obtain continuing education for the use of pharmacological substances for diagnostic, preventive and therapeutic purposes in order to maintain current licensure.
(1) The amendments to ORS 685.100 and 685.102 by sections 40 and 41 of this 2026 Act become operative on January 1, 2027.
(1) The amendments to ORS 685.100 and 685.102 by sections 40 and 41 of this Act become operative on January 1, 2027.
[30] A-Eng.
(b) A child legally adopted before the injury;
HB 4040 (b) A child legally adopted before the injury;
(B) If an otherwise compensable injury combines at any time with a preexisting condition to cause or prolong disability or a need for treatment, the combined condition is compensable only if, so long as and to the extent that the otherwise compensable injury is the major contributing cause of the disability of the combined condition or the major contributing cause of the need for treatment of the combined condition.
(B) If an otherwise compensable injury combines at any time with a preexisting condition to cause or prolong disability or a need for treatment, the combined condition is compensable only if, Enrolled House Bill 4040 (HB 4040-A) Page 26 so long as and to the extent that the otherwise compensable injury is the major contributing cause of the disability of the combined condition or the major contributing cause of the need for treatment of the combined condition.
(d) A sibling or stepsibling of a worker or the sibling’s or stepsibling’s spouse or domestic [31] A-Eng.
(d) A sibling or stepsibling of a worker or the sibling’s or stepsibling’s spouse or domestic partner;
HB 4040 partner;
(iv) A nurse practitioner licensed under ORS 678.375 to 678.390 or a similarly licensed nurse practitioner in any country or in any state, territory or possession of the United States;
Enrolled House Bill 4040 (HB 4040-A) Page 27 (iv) A nurse practitioner licensed under ORS 678.375 to 678.390 or a similarly licensed nurse practitioner in any country or in any state, territory or possession of the United States;
or] [(C) For a cumulative total of 180 days from the first visit on the initial claim, a physician associate licensed by the Oregon Medical Board in accordance with ORS 677.505 to 677.525 or a similarly li- censed physician associate in any country or in any state, territory or possession of the United States.] (c) Except as otherwise provided for workers subject to a managed care contract, “attending physician” does not include a physician who provides care in a hospital emergency room and refers [32] A-Eng.
or] [(C) For a cumulative total of 180 days from the first visit on the initial claim, a physician asso- ciate licensed by the Oregon Medical Board in accordance with ORS 677.505 to 677.525 or a similarly licensed physician associate in any country or in any state, territory or possession of the United States.] (c) Except as otherwise provided for workers subject to a managed care contract, “attending physician” does not include a physician who provides care in a hospital emergency room and refers the injured worker to a primary care physician for follow-up care and treatment.
HB 4040 the injured worker to a primary care physician for follow-up care and treatment.
(20) “Palliative care” means medical service rendered to reduce or moderate temporarily the intensity of an otherwise stable medical condition, but does not include those medical services ren- dered to diagnose, heal or permanently alleviate or eliminate a medical condition.
Enrolled House Bill 4040 (HB 4040-A) Page 28 (20) “Palliative care” means medical service rendered to reduce or moderate temporarily the intensity of an otherwise stable medical condition, but does not include those medical services ren- dered to diagnose, heal or permanently alleviate or eliminate a medical condition.
(23) “Person” includes a partnership, joint venture, association, limited liability company and [33] A-Eng.
(23) “Person” includes a partnership, joint venture, association, limited liability company and corporation.
HB 4040 corporation.
(28)(a) “Worker” means any person, other than an independent contractor, who engages to fur- nish services for a remuneration, including a minor whether lawfully or unlawfully employed and salaried, elected and appointed officials of the state, state agencies, counties, cities, school districts and other public corporations, but does not include any person whose services are performed as an adult in custody or ward of a state institution or as part of the eligibility requirements for a general or public assistance grant.
(28)(a) “Worker” means any person, other than an independent contractor, who engages to fur- nish services for a remuneration, including a minor whether lawfully or unlawfully employed and salaried, elected and appointed officials of the state, state agencies, counties, cities, school districts and other public corporations, but does not include any person whose services are performed as an Enrolled House Bill 4040 (HB 4040-A) Page 29 adult in custody or ward of a state institution or as part of the eligibility requirements for a general or public assistance grant.
ORS 656.005, as amended by section 22, chapter 78, Oregon Laws 2025, is [34] A-Eng.
ORS 656.005, as amended by section 22, chapter 78, Oregon Laws 2025, is amended to read:
HB 4040 amended to read:
or (C) Injury the major contributing cause of which is demonstrated to be by a preponderance of the evidence the injured worker’s consumption of alcoholic beverages or cannabis or the unlawful consumption of any controlled substance, unless the employer permitted, encouraged or had actual knowledge of such consumption.
or (C) Injury the major contributing cause of which is demonstrated to be by a preponderance of the evidence the injured worker’s consumption of alcoholic beverages or cannabis or the unlawful Enrolled House Bill 4040 (HB 4040-A) Page 30 consumption of any controlled substance, unless the employer permitted, encouraged or had actual knowledge of such consumption.
(c) A “disabling compensable injury” is an injury that entitles the worker to compensation for [35] A-Eng.
(c) A “disabling compensable injury” is an injury that entitles the worker to compensation for disability or death.
HB 4040 disability or death.
or (B) For a cumulative total of 60 days from the first visit on the initial claim or for a cumulative [36] A-Eng.
or (B) For a cumulative total of 60 days from the first visit on the initial claim or for a cumulative total of 18 visits, whichever occurs first, to any of the medical service providers listed in this sub- paragraph, a:
HB 4040 total of 18 visits, whichever occurs first, to any of the medical service providers listed in this sub- paragraph, a:
Enrolled House Bill 4040 (HB 4040-A) Page 31 (i) Doctor or physician licensed by the State Board of Chiropractic Examiners for the State of Oregon under ORS chapter 684 or a similarly licensed doctor or physician in any country or in any state, territory or possession of the United States;
(i) Doctor or physician licensed by the State Board of Chiropractic Examiners for the State of Oregon under ORS chapter 684 or a similarly licensed doctor or physician in any country or in any state, territory or possession of the United States;
or] [(C) For a cumulative total of 180 days from the first visit on the initial claim, a physician associate licensed by the Oregon Medical Board in accordance with ORS 677.505 to 677.525 or a similarly li- censed physician associate in any country or in any state, territory or possession of the United States.] (c) Except as otherwise provided for workers subject to a managed care contract, “attending physician” does not include a physician who provides care in a hospital emergency room and refers the injured worker to a primary care physician for follow-up care and treatment.
or] [(C) For a cumulative total of 180 days from the first visit on the initial claim, a physician asso- ciate licensed by the Oregon Medical Board in accordance with ORS 677.505 to 677.525 or a similarly licensed physician associate in any country or in any state, territory or possession of the United States.] (c) Except as otherwise provided for workers subject to a managed care contract, “attending physician” does not include a physician who provides care in a hospital emergency room and refers the injured worker to a primary care physician for follow-up care and treatment.
(20) “Palliative care” means medical service rendered to reduce or moderate temporarily the intensity of an otherwise stable medical condition, but does not include those medical services ren- [37] A-Eng.
(20) “Palliative care” means medical service rendered to reduce or moderate temporarily the intensity of an otherwise stable medical condition, but does not include those medical services ren- dered to diagnose, heal or permanently alleviate or eliminate a medical condition.
HB 4040 dered to diagnose, heal or permanently alleviate or eliminate a medical condition.
The exclusion from payroll of bonus payments to reward workers for safe working practices is only for the purpose of calculations based on payroll to determine premium for workers’ compensation insurance, and does not affect any other calculation or determination based on payroll for the pur- poses of this chapter.
Enrolled House Bill 4040 (HB 4040-A) Page 32 The exclusion from payroll of bonus payments to reward workers for safe working practices is only for the purpose of calculations based on payroll to determine premium for workers’ compensation insurance, and does not affect any other calculation or determination based on payroll for the pur- poses of this chapter.
The State Accident Insurance Fund Corporation may estab- lish assumed minimum and maximum wages, in conformity with recognized insurance principles, at which any worker shall be carried upon the payroll of the employer for the purpose of determining [38] A-Eng.
The State Accident Insurance Fund Corporation may estab- lish assumed minimum and maximum wages, in conformity with recognized insurance principles, at which any worker shall be carried upon the payroll of the employer for the purpose of determining the premium of the employer.
HB 4040 the premium of the employer.
(a) “Impairment” means the loss of use or function of a body part or system due to the compensable industrial injury or occupational disease determined in accordance with the standards provided under ORS 656.726, expressed as a percentage of the whole person.
Enrolled House Bill 4040 (HB 4040-A) Page 33 (a) “Impairment” means the loss of use or function of a body part or system due to the compensable industrial injury or occupational disease determined in accordance with the standards provided under ORS 656.726, expressed as a percentage of the whole person.
Impair- ment shall be determined in accordance with the standards provided by the Director of the Depart- ment of Consumer and Business Services pursuant to ORS 656.726 (4).
Impair- ment shall be determined in accordance with the standards provided by the Director of the De- partment of Consumer and Business Services pursuant to ORS 656.726 (4).
Work disability benefits shall be determined by multiplying the impairment value, as modified by the factors of age, education and adaptability to perform a given job, times 150 times the worker’s weekly wage for the job at injury as calculated under ORS 656.210 (2).
Work disability benefits shall be determined by multiplying the impairment value, as modified by the factors of age, education and adaptability to perform a given job, times times the worker’s weekly wage for the job at injury as calculated under ORS 656.210 (2).
The factor for the worker’s weekly wage used for the determination of the work disability may be no [39] A-Eng.
The factor for the worker’s weekly wage used for the determination of the work disability may be no more than 133 percent or no less than 50 percent of the average weekly wage as defined in ORS 656.005.
HB 4040 more than 133 percent or no less than 50 percent of the average weekly wage as defined in ORS 656.005.
(i) For partial loss of vision in both eyes, that proportion of 94 percent which the combined binocular visual loss bears to normal combined binocular vision.
Enrolled House Bill 4040 (HB 4040-A) Page 34 (i) For partial loss of vision in both eyes, that proportion of 94 percent which the combined binocular visual loss bears to normal combined binocular vision.
[40] A-Eng.
(6) All permanent disability contemplates future waxing and waning of symptoms of the condi- tion.
HB 4040 (6) All permanent disability contemplates future waxing and waning of symptoms of the condi- tion.
(H) Services that are necessary to diagnose the worker’s condition.
Enrolled House Bill 4040 (HB 4040-A) Page 35 (H) Services that are necessary to diagnose the worker’s condition.
[41] A-Eng.
(d) When the medically stationary date in a disabling claim is established by the insurer or self-insured employer and is not based on the findings of the attending physician, the insurer or self-insured employer is responsible for reimbursement to affected medical service providers for otherwise compensable services rendered until the insurer or self-insured employer provides written notice to the attending physician of the worker’s medically stationary status.
HB 4040 (d) When the medically stationary date in a disabling claim is established by the insurer or self-insured employer and is not based on the findings of the attending physician, the insurer or self-insured employer is responsible for reimbursement to affected medical service providers for otherwise compensable services rendered until the insurer or self-insured employer provides written notice to the attending physician of the worker’s medically stationary status.
The worker also may choose an attending doctor or physician in another country or in any state or territory or possession of the United States with the prior approval of the insurer or self-insured employer.
The worker also may choose an attending doctor or physician in another country or in any state or territory or pos- session of the United States with the prior approval of the insurer or self-insured employer.
(C) Except as otherwise provided in this chapter, only a physician qualified to serve as an at- tending physician under ORS 656.005 (12)(b)(A) or (B)(i) who is serving as the attending physician at the time of claim closure may make findings regarding the worker’s impairment for the purpose of evaluating the worker’s disability.
(C) Except as otherwise provided in this chapter, only a physician qualified to serve as an at- tending physician under ORS 656.005 (12)(b)(A) or (B)(i) who is serving as the attending physician Enrolled House Bill 4040 (HB 4040-A) Page 36 at the time of claim closure may make findings regarding the worker’s impairment for the purpose of evaluating the worker’s disability.
and] [42] A-Eng.
and] [(iii) When an injured worker treating with a nurse practitioner or physician associate authorized to provide compensable services under this section becomes medically stationary within the 180-day period in which the nurse practitioner or physician associate is authorized to treat the injured worker, shall refer the injured worker to a physician qualified to be an attending physician as defined in ORS 656.005 for the purpose of making findings regarding the worker’s impairment for the purpose of evaluating the worker’s disability.
HB 4040 [(iii) When an injured worker treating with a nurse practitioner or physician associate authorized to provide compensable services under this section becomes medically stationary within the 180-day period in which the nurse practitioner or physician associate is authorized to treat the injured worker, shall refer the injured worker to a physician qualified to be an attending physician as defined in ORS 656.005 for the purpose of making findings regarding the worker’s impairment for the purpose of evaluating the worker’s disability.
Notwithstanding any provision of law or rule to the contrary, a worker of a noncomplying employer is considered to be subject to a contract between the State Accident Insurance Fund Corporation as a processing agent or the assigned claims agent and a managed care organization.
Notwithstanding any provision of law or rule to the contrary, a worker of a noncomplying Enrolled House Bill 4040 (HB 4040-A) Page 37 employer is considered to be subject to a contract between the State Accident Insurance Fund Corporation as a processing agent or the assigned claims agent and a managed care organization.
(b)(A) For initial or aggravation claims filed after June 7, 1995, the insurer or self-insured em- [43] A-Eng.
(b)(A) For initial or aggravation claims filed after June 7, 1995, the insurer or self-insured em- ployer may require an injured worker, on a case-by-case basis, immediately to receive medical ser- vices from the managed care organization.
HB 4040 ployer may require an injured worker, on a case-by-case basis, immediately to receive medical ser- vices from the managed care organization.
A physical therapist [shall] may not provide compensable services to injured workers governed by this chapter except as allowed by a governing managed care organization contract or [44] A-Eng.
A physical therapist [shall] may not provide compensable services to injured workers governed by this chapter except as allowed by a governing managed care organization contract or as authorized by the worker’s attending physician [or nurse practitioner authorized to provide compensable medical services under ORS 656.245].
HB 4040 as authorized by the worker’s attending physician [or nurse practitioner authorized to provide compensable medical services under ORS 656.245].
656.252.
Enrolled House Bill 4040 (HB 4040-A) Page 38 656.252.
Under no circumstances shall the physician [or nurse practitioner authorized to provide compensable medical services under ORS 656.245] notify the insurer or employer of the worker’s release to return to work without notifying the worker at the same time.
Under no circumstances shall the physician [or nurse practitioner authorized to provide compensable medical services under ORS 656.245] notify the insurer or em- ployer of the worker’s release to return to work without notifying the worker at the same time.
[45] A-Eng.
(5) Whenever an injured worker changes attending [physicians or nurse practitioners authorized to provide compensable medical services under ORS 656.245] physician, the newly selected attending physician [or nurse practitioner] shall so notify the responsible insurer or self-insured employer not later than five days after the date of the change or the date of first treatment.
HB 4040 (5) Whenever an injured worker changes attending [physicians or nurse practitioners authorized to provide compensable medical services under ORS 656.245] physician, the newly selected attending physician [or nurse practitioner] shall so notify the responsible insurer or self-insured employer not later than five days after the date of the change or the date of first treatment.
SECTION 49.
Enrolled House Bill 4040 (HB 4040-A) Page 39 SECTION 49.
(c) Notwithstanding any other provision of this chapter, when the holder of a public office is injured in the course and scope of that public office, full official salary paid to the holder of that public office shall be deemed timely payment of temporary disability payments pursuant to ORS [46] A-Eng.
(c) Notwithstanding any other provision of this chapter, when the holder of a public office is injured in the course and scope of that public office, full official salary paid to the holder of that public office shall be deemed timely payment of temporary disability payments pursuant to ORS 656.210 and 656.212 during the time the wage payments are made.
HB 4040 656.210 and 656.212 during the time the wage payments are made.
(f) If the insurer or self-insured employer has requested and failed to receive from the worker’s attending physician [or nurse practitioner authorized to provide compensable medical services under ORS 656.245] verification of the worker’s inability to work resulting from the claimed injury or disease, medical services provided by the attending physician [or nurse practitioner] are not compensable until the attending physician [or nurse practitioner] submits such verification.
(f) If the insurer or self-insured employer has requested and failed to receive from the worker’s attending physician [or nurse practitioner authorized to provide compensable medical services under Enrolled House Bill 4040 (HB 4040-A) Page 40 ORS 656.245] verification of the worker’s inability to work resulting from the claimed injury or disease, medical services provided by the attending physician [or nurse practitioner] are not compensable until the attending physician [or nurse practitioner] submits such verification.
(ii) During periods in which there is a dispute over the identity of, or treatment by, an attending physician [or nurse practitioner] that affects the worker’s ability to obtain authorization of temporary disability;
(ii) During periods in which there is a dispute over the identity of, or treatment by, an attending physician [or nurse practitioner] that affects the worker’s ability to obtain authorization of tempo- rary disability;
[47] A-Eng.
(j)(A) The insurer or self-insured employer may not end temporary disability benefits until writ- ten notice has been mailed or delivered to the worker and the worker’s attorney, if the worker is represented.
HB 4040 (j)(A) The insurer or self-insured employer may not end temporary disability benefits until writ- ten notice has been mailed or delivered to the worker and the worker’s attorney, if the worker is represented.
(b) To establish the maximum amount an employer may pay for medical services for nondisabling claims under paragraph (a) of this subsection, the director shall use $1,500 as the base compensation amount and shall adjust the base compensation amount annually to reflect changes in the United States City Average Consumer Price Index for All Urban Consumers for Medical Care for July of each year as published by the Bureau of Labor Statistics of the United States Department of Labor.
(b) To establish the maximum amount an employer may pay for medical services for nondisabling claims under paragraph (a) of this subsection, the director shall use $1,500 as the base compensation amount and shall adjust the base compensation amount annually to reflect changes in the United Enrolled House Bill 4040 (HB 4040-A) Page 41 States City Average Consumer Price Index for All Urban Consumers for Medical Care for July of each year as published by the Bureau of Labor Statistics of the United States Department of Labor.
If the [48] A-Eng.
If the worker requests a hearing on such revocation of acceptance and denial, the insurer or self-insured employer must prove, by a preponderance of the evidence, that the claim is not compensable or that the insurer or self-insured employer is not responsible for the claim.
HB 4040 worker requests a hearing on such revocation of acceptance and denial, the insurer or self-insured employer must prove, by a preponderance of the evidence, that the claim is not compensable or that the insurer or self-insured employer is not responsible for the claim.
A worker who fails to comply with the communication requirements of this paragraph or ORS 656.267 may not allege at any hearing or other proceeding on the claim a de facto denial of a condition based on information in the notice of acceptance from the insurer or self-insured employer.
A worker who fails to comply Enrolled House Bill 4040 (HB 4040-A) Page 42 with the communication requirements of this paragraph or ORS 656.267 may not allege at any hearing or other proceeding on the claim a de facto denial of a condition based on information in the notice of acceptance from the insurer or self-insured employer.
[49] A-Eng.
(c) When an insurer or self-insured employer determines that the claim qualifies for claim clo- sure, the insurer or self-insured employer shall issue at claim closure an updated notice of accept- ance that specifies which conditions are compensable.
HB 4040 (c) When an insurer or self-insured employer determines that the claim qualifies for claim clo- sure, the insurer or self-insured employer shall issue at claim closure an updated notice of accept- ance that specifies which conditions are compensable.
The action of the director and the review of the action taken by the director shall be subject to review under ORS 656.704.
The Enrolled House Bill 4040 (HB 4040-A) Page 43 action of the director and the review of the action taken by the director shall be subject to review under ORS 656.704.
(12)(a) If payment is due on a disputed claim settlement authorized by ORS 656.289 and the insurer or self-insured employer has failed to make the payment in accordance with the requirements specified in the disputed claim settlement, the claimant or the claimant’s attorney shall clearly no- [50] A-Eng.
(12)(a) If payment is due on a disputed claim settlement authorized by ORS 656.289 and the insurer or self-insured employer has failed to make the payment in accordance with the require- ments specified in the disputed claim settlement, the claimant or the claimant’s attorney shall clearly notify the insurer or self-insured employer in writing that the payment is past due.
HB 4040 tify the insurer or self-insured employer in writing that the payment is past due.
If the required payment is not made within five business days after receipt of the notice by the insurer or self-insured employer, the director may assess a penalty and attorney fee in accordance with a matrix adopted by the director by rule.
If the required payment is not made within five business days after receipt of the notice by the insurer or self- insured employer, the director may assess a penalty and attorney fee in accordance with a matrix adopted by the director by rule.
(16) In accordance with ORS 656.283 (3), the Administrative Law Judge assigned a request for [51] A-Eng.
Enrolled House Bill 4040 (HB 4040-A) Page 44 (16) In accordance with ORS 656.283 (3), the Administrative Law Judge assigned a request for hearing for a claim for compensation involving more than one potentially responsible employer or insurer may specify what is required of an injured worker to reasonably cooperate with the inves- tigation of the claim as required by subsection (14) of this section.
HB 4040 hearing for a claim for compensation involving more than one potentially responsible employer or insurer may specify what is required of an injured worker to reasonably cooperate with the inves- tigation of the claim as required by subsection (14) of this section.
When the claim is closed because the accepted injury is no longer the major contributing cause of the worker’s combined or conse- quential condition or conditions, and there is sufficient information to determine permanent disabil- ity, the likely permanent disability that would have been due to the current accepted condition shall be estimated.
When the claim is closed because the accepted injury is no longer the major contributing cause of the worker’s combined or conse- quential condition or conditions, and there is sufficient information to determine permanent disa- bility, the likely permanent disability that would have been due to the current accepted condition shall be estimated.
(b) The attending physician [or nurse practitioner who has authorized temporary disability benefits for the worker under ORS 656.245] advises the worker and documents in writing that the worker is released to return to regular employment;
(b) The attending physician [or nurse practitioner who has authorized temporary disability bene- fits for the worker under ORS 656.245] advises the worker and documents in writing that the worker is released to return to regular employment;
(c) The attending physician [or nurse practitioner who has authorized temporary disability benefits for the worker under ORS 656.245] advises the worker and documents in writing that the worker is released to return to modified employment, such employment is offered in writing to the worker and [52] A-Eng.
(c) The attending physician [or nurse practitioner who has authorized temporary disability benefits for the worker under ORS 656.245] advises the worker and documents in writing that the worker is released to return to modified employment, such employment is offered in writing to the worker and the worker fails to begin such employment.
HB 4040 the worker fails to begin such employment.
(B) Is at a work site more than 50 miles one way from where the worker was injured unless the site is less than 50 miles from the worker’s residence or the intent of the parties at the time of hire or as established by the pattern of employment prior to the injury was that the employer had mul- tiple or mobile work sites and the worker could be assigned to any such site;
Enrolled House Bill 4040 (HB 4040-A) Page 45 (B) Is at a work site more than 50 miles one way from where the worker was injured unless the site is less than 50 miles from the worker’s residence or the intent of the parties at the time of hire or as established by the pattern of employment prior to the injury was that the employer had mul- tiple or mobile work sites and the worker could be assigned to any such site;
If the worker is deceased at the time the notice of closure is issued, the insurer or self-insured employer shall mail the worker’s copy of the notice of closure, addressed to the estate of the worker, to the worker’s last known address and may mail copies of the notice of closure to any known or potential beneficiaries to the estate of the deceased worker.
If the worker is deceased at the time the notice of closure is issued, the insurer or self-insured employer shall mail the worker’s copy of the notice of closure, addressed to the estate of the worker, to the worker’s last known address and may mail copies of the notice of closure to any known or potential benefi- ciaries to the estate of the deceased worker.
[53] A-Eng.
(iv) The right of beneficiaries who were not mailed a copy of the notice of closure under para- graph (b) of this subsection to request reconsideration by the director under this section within one year of the date the notice of closure was mailed to the estate of the worker under paragraph (b) of this subsection;
HB 4040 (iv) The right of beneficiaries who were not mailed a copy of the notice of closure under para- graph (b) of this subsection to request reconsideration by the director under this section within one year of the date the notice of closure was mailed to the estate of the worker under paragraph (b) of this subsection;
Within 10 days of receipt of a written request from the worker, the insurer or self-insured employer shall issue a notice of closure if the requirements of this section have been met or a notice of refusal to close if the requirements of this section have not been met.
Within 10 days of receipt of a written request from the worker, the insurer or Enrolled House Bill 4040 (HB 4040-A) Page 46 self-insured employer shall issue a notice of closure if the requirements of this section have been met or a notice of refusal to close if the requirements of this section have not been met.
If the increase in compensation results from information that the insurer or self- insured employer demonstrates the insurer or self-insured employer could not reasonably have [54] A-Eng.
If the increase in compensation results from information that the insurer or self- insured employer demonstrates the insurer or self-insured employer could not reasonably have known at the time of claim closure, from new information obtained through a medical arbiter ex- amination or from a determination order issued by the director that addresses the extent of the worker’s permanent disability that is not based on the standards adopted pursuant to ORS 656.726 (4)(f), the penalty shall not be assessed.
HB 4040 known at the time of claim closure, from new information obtained through a medical arbiter ex- amination or from a determination order issued by the director that addresses the extent of the worker’s permanent disability that is not based on the standards adopted pursuant to ORS 656.726 (4)(f), the penalty shall not be assessed.
(B) Pursuant to rules adopted by the director, the worker or the insurer or self-insured employer may correct information in the record that is erroneous and may submit any medical evidence that should have been but was not submitted by the attending physician [or nurse practitioner authorized to provide compensable medical services under ORS 656.245] at the time of claim closure.
(B) Pursuant to rules adopted by the director, the worker or the insurer or self-insured employer may correct information in the record that is erroneous and may submit any medical evidence that Enrolled House Bill 4040 (HB 4040-A) Page 47 should have been but was not submitted by the attending physician [or nurse practitioner authorized to provide compensable medical services under ORS 656.245] at the time of claim closure.
If an order on reconsideration has not been mailed on or before 18 working days from the date the reconsideration proceeding begins, or within 18 working days plus the additional 60 calendar days where a notice for medical arbiter review was timely mailed or the director postponed the reconsideration pursuant to paragraph (b) of this sub- section, or within such additional time as provided in subsection (8) of this section when reconsid- eration is postponed further because the worker has failed to cooperate in the medical arbiter examination, reconsideration shall be deemed denied and any further proceedings shall occur as though an order on reconsideration affirming the notice of closure was mailed on the date the order was due to issue.
If an order on reconsideration has not been mailed on or before 18 working days from the date the reconsideration proceeding begins, or within working days plus the additional 60 calendar days where a notice for medical arbiter review was timely mailed or the director postponed the reconsideration pursuant to paragraph (b) of this sub- section, or within such additional time as provided in subsection (8) of this section when reconsid- eration is postponed further because the worker has failed to cooperate in the medical arbiter examination, reconsideration shall be deemed denied and any further proceedings shall occur as though an order on reconsideration affirming the notice of closure was mailed on the date the order was due to issue.
If the insurer or self-insured employer re- quests reconsideration, the period for reconsideration begins upon the earlier of the date of the [55] A-Eng.
If the insurer or self-insured employer re- quests reconsideration, the period for reconsideration begins upon the earlier of the date of the request for reconsideration by the worker or beneficiary, the date of receipt of a waiver from the worker or beneficiary of the right to request reconsideration or the date of expiration of the right of the worker or beneficiary to request reconsideration.
HB 4040 request for reconsideration by the worker or beneficiary, the date of receipt of a waiver from the worker or beneficiary of the right to request reconsideration or the date of expiration of the right of the worker or beneficiary to request reconsideration.
(A) A request for reconsideration of a notice of closure has been made to the director within 60 days of the date of the notice of closure;
(A) A request for reconsideration of a notice of closure has been made to the director within days of the date of the notice of closure;
or (C) On the next calendar day following the expiration of the delay period authorized by the di- rector.
or Enrolled House Bill 4040 (HB 4040-A) Page 48 (C) On the next calendar day following the expiration of the delay period authorized by the di- rector.
[56] A-Eng.
(B) If the director determines that the worker failed to attend the examination without good cause or failed to cooperate with the medical arbiter, or panel of medical arbiters, the director shall postpone the reconsideration proceedings for up to 60 days from the date of the determination that the worker failed to attend or cooperate, and shall suspend all disability benefits resulting from this or any prior opening of the claim until such time as the worker attends and cooperates with the examination or the request for reconsideration is withdrawn.
HB 4040 (B) If the director determines that the worker failed to attend the examination without good cause or failed to cooperate with the medical arbiter, or panel of medical arbiters, the director shall postpone the reconsideration proceedings for up to 60 days from the date of the determination that the worker failed to attend or cooperate, and shall suspend all disability benefits resulting from this or any prior opening of the claim until such time as the worker attends and cooperates with the examination or the request for reconsideration is withdrawn.
(10) If, after the notice of closure issued pursuant to this section, the worker becomes enrolled and actively engaged in training according to rules adopted pursuant to ORS 656.340 and 656.726, any permanent disability payments due for work disability under the closure shall be suspended, and the worker shall receive temporary disability compensation and any permanent disability payments due for impairment while the worker is enrolled and actively engaged in the training.
Enrolled House Bill 4040 (HB 4040-A) Page 49 (10) If, after the notice of closure issued pursuant to this section, the worker becomes enrolled and actively engaged in training according to rules adopted pursuant to ORS 656.340 and 656.726, any permanent disability payments due for work disability under the closure shall be suspended, and the worker shall receive temporary disability compensation and any permanent disability payments due for impairment while the worker is enrolled and actively engaged in the training.
This notice of closure may [57] A-Eng.
This notice of closure may be appealed only in the same manner as are other notices of closure under this section.
HB 4040 be appealed only in the same manner as are other notices of closure under this section.
(1)(a) Any worker entitled to receive compensation under this chapter is required, if requested by the Director of the Department of Consumer and Business Services, the insurer or self-insured employer, to submit to a medical examination at a time reasonably convenient for the worker as may be provided by the rules of the director.
(1)(a) Any worker entitled to receive compensation under this chapter is required, if requested by the Director of the Department of Consumer and Business Services, the insurer or Enrolled House Bill 4040 (HB 4040-A) Page 50 self-insured employer, to submit to a medical examination at a time reasonably convenient for the worker as may be provided by the rules of the director.
The provisions [58] A-Eng.
The provisions of this paragraph are subject to the limitations on medical examinations provided in ORS 656.268.
HB 4040 of this paragraph are subject to the limitations on medical examinations provided in ORS 656.268.
(e) If the worker has made a timely request for a hearing on a denial of compensability as re- quired by ORS 656.319 (1)(a) that is based on one or more reports of examinations conducted pur- suant to paragraph (a) of this subsection and the worker’s attending physician [or nurse practitioner authorized to provide compensable medical services under ORS 656.245] does not concur with the re- port or reports, the worker may request an examination to be conducted by a physician selected by the director from the list described in ORS 656.328.
(e) If the worker has made a timely request for a hearing on a denial of compensability as re- quired by ORS 656.319 (1)(a) that is based on one or more reports of examinations conducted pur- suant to paragraph (a) of this subsection and the worker’s attending physician [or nurse practitioner authorized to provide compensable medical services under ORS 656.245] does not concur with the report or reports, the worker may request an examination to be conducted by a physician selected by the director from the list described in ORS 656.328.
The cost of the examination and the examination report shall be paid by the insurer or self-insured employer.
The cost of the examination and the exam- ination report shall be paid by the insurer or self-insured employer.
(g) A worker who objects to the location of an independent medical examination must request review by the director under paragraph (c)(A) of this subsection within six business days of the date [59] A-Eng.
(g) A worker who objects to the location of an independent medical examination must request review by the director under paragraph (c)(A) of this subsection within six business days of the date the notice of the independent medical examination was mailed.
HB 4040 the notice of the independent medical examination was mailed.
Enrolled House Bill 4040 (HB 4040-A) Page 51 (2) For any period of time during which any worker commits insanitary or injurious practices which tend to either imperil or retard recovery of the worker, or refuses to submit to such medical or surgical treatment as is reasonably essential to promote recovery, or fails to participate in a program of physical rehabilitation, the right of the worker to compensation shall be suspended with the consent of the director and no payment shall be made for such period.
(2) For any period of time during which any worker commits insanitary or injurious practices which tend to either imperil or retard recovery of the worker, or refuses to submit to such medical or surgical treatment as is reasonably essential to promote recovery, or fails to participate in a program of physical rehabilitation, the right of the worker to compensation shall be suspended with the consent of the director and no payment shall be made for such period.
(A) Having knowledge of the worker’s likely eligibility for vocational assistance, from a medical [60] A-Eng.
(A) Having knowledge of the worker’s likely eligibility for vocational assistance, from a medical or investigation report, notification from the worker, or otherwise;
HB 4040 or investigation report, notification from the worker, or otherwise;
(2) Contact under subsection (1) of this section shall include informing the worker about reem- ployment rights, the responsibility of the worker to request reemployment, and wage subsidy and job site modification assistance and the provisions of the preferred worker program pursuant to rules adopted by the Director of the Department of Consumer and Business Services.
Enrolled House Bill 4040 (HB 4040-A) Page 52 (2) Contact under subsection (1) of this section shall include informing the worker about reem- ployment rights, the responsibility of the worker to request reemployment, and wage subsidy and job site modification assistance and the provisions of the preferred worker program pursuant to rules adopted by the Director of the Department of Consumer and Business Services.
A worker determined ineligible upon evaluation under subsection (1)(b)(B) of this section, or because the worker’s eligibility has fully and finally expired under stan- dards prescribed by the director, may not be found eligible thereafter unless that eligibility deter- mination is rejected by the director under subsection (16) of this section or the worker’s condition worsens so as to constitute an aggravation claim under ORS 656.273.
A worker determined ineligible upon evaluation under subsection (1)(b)(B) of this section, or because the worker’s eligibility has fully and finally expired under standards prescribed by the director, may not be found eligible thereafter unless that eligibility de- termination is rejected by the director under subsection (16) of this section or the worker’s condition worsens so as to constitute an aggravation claim under ORS 656.273.
(A) A “substantial handicap to employment” exists when the worker, because of the injury or [61] A-Eng.
(A) A “substantial handicap to employment” exists when the worker, because of the injury or aggravation, lacks the necessary physical capacities, knowledge, skills and abilities to be employed in suitable employment.
HB 4040 aggravation, lacks the necessary physical capacities, knowledge, skills and abilities to be employed in suitable employment.
(i) Employment of the kind for which the worker has the necessary physical capacity, knowl- edge, skills and abilities;
(i) Employment of the kind for which the worker has the necessary physical capacity, know- ledge, skills and abilities;
Only earned income evidenced by verifiable documentation such as federal or state tax returns shall be used in the calculation.
Only earned income evidenced by verifiable documentation such Enrolled House Bill 4040 (HB 4040-A) Page 53 as federal or state tax returns shall be used in the calculation.
The director shall compile a list of organizations or [62] A-Eng.
The director shall compile a list of organizations or agencies registered to provide vocational assistance.
HB 4040 agencies registered to provide vocational assistance.
(b) Training shall not be provided to an eligible worker solely because the worker cannot obtain employment, otherwise suitable, that will produce the wage prescribed in subsection (6) of this sec- tion unless such training will enable the worker to find employment which will produce a wage significantly closer to that prescribed in subsection (6) of this section.
Enrolled House Bill 4040 (HB 4040-A) Page 54 (b) Training shall not be provided to an eligible worker solely because the worker cannot obtain employment, otherwise suitable, that will produce the wage prescribed in subsection (6) of this sec- tion unless such training will enable the worker to find employment which will produce a wage significantly closer to that prescribed in subsection (6) of this section.
[The attending physician or nurse practitioner,] Within 20 days of the request, the attending physician shall perform a physical capacities evaluation or refer the worker for such evaluation or advise the insurer or self-insured employer and the worker in writing that the injured worker is incapable of participating in a phys- ical capacities evaluation.
[The attending physician or nurse practitioner,] Within 20 days of the request, the attending physician shall perform a physical capacities evaluation or refer the worker for such evaluation or advise the insurer or self-insured employer and the worker in writing that the injured worker is incapable of participating in a physical capacities evaluation.
(c) If the worker’s dissatisfaction is resolved by agreement of the parties, the agreement shall [63] A-Eng.
(c) If the worker’s dissatisfaction is resolved by agreement of the parties, the agreement shall be reduced to writing, and the director and the parties shall review the agreement and either ap- prove or disapprove it.
HB 4040 be reduced to writing, and the director and the parties shall review the agreement and either ap- prove or disapprove it.
(c) Issue and serve by the board’s representatives, or by any sheriff, subpoenas for the attend- ance of witnesses and the production of papers, contracts, books, accounts, documents and testimony before any hearing under ORS 654.001 to 654.295, 654.412 to 654.423, 654.750 to 654.780 and this chapter.
(c) Issue and serve by the board’s representatives, or by any sheriff, subpoenas for the attend- ance of witnesses and the production of papers, contracts, books, accounts, documents and testimony Enrolled House Bill 4040 (HB 4040-A) Page 55 before any hearing under ORS 654.001 to 654.295, 654.412 to 654.423, 654.750 to 654.780 and this chapter.
Such order shall not have precedential effect as to any other [64] A-Eng.
Such order shall not have precedential effect as to any other situation.
HB 4040 situation.
(h) Participate fully in any proceeding before the Hearings Division, board or Court of Appeals in which the director determines that the proceeding involves a matter that affects or could affect the discharge of the director’s duties of administration, regulation and enforcement of ORS 654.001 to 654.295, 654.412 to 654.423, 654.750 to 654.780 and this chapter.
Enrolled House Bill 4040 (HB 4040-A) Page 56 (h) Participate fully in any proceeding before the Hearings Division, board or Court of Appeals in which the director determines that the proceeding involves a matter that affects or could affect the discharge of the director’s duties of administration, regulation and enforcement of ORS 654.001 to 654.295, 654.412 to 654.423, 654.750 to 654.780 and this chapter.
(b) Notwithstanding any other provision of this chapter, the board may adopt rules to allow for [65] A-Eng.
(b) Notwithstanding any other provision of this chapter, the board may adopt rules to allow for the electronic transmission of filings, reports, notices and other documents required to be filed under the board’s authority.
HB 4040 the electronic transmission of filings, reports, notices and other documents required to be filed under the board’s authority.
A certificate by the attending physician, as defined in ORS 656.005 (12), [or a nurse practitioner authorized to provide compensable medical services under ORS 656.245] that the attending physician [or nurse practitioner] approves the worker’s return to the worker’s regular employment or other suitable employment shall be prima facie evidence that the worker is able to perform such duties.
A certificate by the attending physician, as defined in ORS 656.005 (12), [or a nurse practitioner authorized to Enrolled House Bill 4040 (HB 4040-A) Page 57 provide compensable medical services under ORS 656.245] that the attending physician [or nurse practitioner] approves the worker’s return to the worker’s regular employment or other suitable employment shall be prima facie evidence that the worker is able to perform such duties.
[66] A-Eng.
(3) Notwithstanding subsection (1) of this section:
HB 4040 (3) Notwithstanding subsection (1) of this section:
[(a) The worker cannot return to reemployment at any position with the employer either by deter- [67] A-Eng.
[(a) The worker cannot return to reemployment at any position with the employer either by deter- mination of the attending physician or a nurse practitioner authorized to provide compensable medical Enrolled House Bill 4040 (HB 4040-A) Page 58 services under ORS 656.245 or upon appeal of that determination, by determination of a medical arbiter or panel of medical arbiters pursuant to ORS chapter 656.] (a) The worker cannot return to reemployment at any position with the employer ac- cording to:
HB 4040 mination of the attending physician or a nurse practitioner authorized to provide compensable medical services under ORS 656.245 or upon appeal of that determination, by determination of a medical arbiter or panel of medical arbiters pursuant to ORS chapter 656.] (a) The worker cannot return to reemployment at any position with the employer ac- cording to:
If the premium increases or decreases, the State of Oregon and worker contribu- tions shall be adjusted to remain consistent with similarly situated active employees.
If the premium increases or decreases, the State of Oregon and worker contrib- utions shall be adjusted to remain consistent with similarly situated active employees.
[68] A-Eng.
(a) The worker’s attending physician as defined in ORS 656.005 (12) [or a nurse practitioner authorized to provide compensable medical services under ORS 656.245] has determined the worker to be medically stationary and a notice of closure has been entered;
HB 4040 (a) The worker’s attending physician as defined in ORS 656.005 (12) [or a nurse practitioner authorized to provide compensable medical services under ORS 656.245] has determined the worker to be medically stationary and a notice of closure has been entered;
(c) The worker takes full- or part-time employment with another employer that is comparable in terms of the number of hours per week the worker was employed with the State of Oregon or the worker retires;
Enrolled House Bill 4040 (HB 4040-A) Page 59 (c) The worker takes full- or part-time employment with another employer that is comparable in terms of the number of hours per week the worker was employed with the State of Oregon or the worker retires;
(1) If the Director of the Employment Department finds that during the base year of the individual any individual has been incapable of work during the greater part of any calendar quar- [69] A-Eng.
(1) If the Director of the Employment Department finds that during the base year of the individual any individual has been incapable of work during the greater part of any calendar quar- ter, such base year shall be extended a calendar quarter.
HB 4040 ter, such base year shall be extended a calendar quarter.
or (B) The date of mailing of a notice of claim closure pursuant to ORS chapter 656;
or Enrolled House Bill 4040 (HB 4040-A) Page 60 (B) The date of mailing of a notice of claim closure pursuant to ORS chapter 656;
[70]
Passed by House March 3, 2026 Received by Governor:
........................M.,........................................................., 2026 .................................................Approved:........................
Timothy G.
Sekerak, Chief Clerk of House ........................M.,........................................................., 2026 ..................................................................................
Julie Fahey, Speaker of House ..................................................................................
Tina Kotek, Governor Passed by Senate March 5, 2026 Filed in Office of Secretary of State:
......................................................................................................................................, 2026 Rob Wagner, President of Senate ..................................................................................
Tobias Read, Secretary of State Enrolled House Bill 4040 (HB 4040-A) Page 61
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Amendments

1 amendment

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Action History

  1. Chapter 109, (2026 Laws): Effective date April 7, 2026.

  2. Governor signed.

  3. President signed.

  4. Speaker signed.

  5. Third reading. Carried by Patterson. Passed.

  6. Second reading.

  7. Recommendation: Do pass the A-Eng. bill.

  8. Referred to Ways and Means.

  9. First reading. Referred to President's desk.

  10. Third reading. Carried by Nosse. Passed.

  11. Second reading.

  12. Recommendation: Do pass.

  13. Work Session held.

  14. Work Session held.

  15. Returned to Full Committee.

  16. Assigned to Subcommittee On Human Services.

  17. Referred to Ways and Means by order of Speaker.

  18. Recommendation: Do pass with amendments, be printed A-Engrossed, and be referred to Ways and Means.

  19. Work Session held.

  20. Public Hearing held.

  21. Public Hearing held.

  22. Referred to Health Care.

  23. First reading. Referred to Speaker's desk.

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 90 not signed on · 1 voted No

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (90)

90 members have not signed on to this bill.

Show all 90 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third reading. Carried by Patterson. Passed.

Passed 27 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 18000
Republican 9102
Total 27102
% of votes cast 90%3%0%7%
How each member voted (30)
Member Party Vote
Anthony Broadman Democrat Yea
Chris Gorsek Democrat Yea
Courtney Neron Misslin Democrat Yea
Deb Patterson Democrat Yea
Floyd Prozanski Democrat Yea
James Manning Jr. Democrat Yea
Janeen Sollman Democrat Yea
Jeff Golden Democrat Yea
Kate Lieber Democrat Yea
Kathleen Taylor Democrat Yea
Kayse Jama Democrat Yea
Khanh Pham Democrat Yea
Lew Frederick Democrat Yea
Lisa Reynolds Democrat Yea
Mark Meek Democrat Yea
Rob Wagner Democrat Yea
Sara Gelser Blouin Democrat Yea
Wlnsvey Campos Democrat Yea
Bruce Starr Republican Yea
Cedric Hayden Republican Not Voting
Christine Drazan Republican Not Voting
David Brock Smith Republican Yea
Diane Linthicum Republican Yea
Dick Anderson Republican Yea
Fred Girod Republican Yea
Kim Thatcher Republican Yea
Mike McLane Republican Yea
Noah Robinson Republican Nay
Suzanne Weber Republican Yea
Todd Nash Republican Yea

Official roll call →

Third reading. Carried by Nosse. Passed.

Passed 55 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Democrat 33002
Republican 20003
Unaffiliated 2000
Total 55005
% of votes cast 92%0%0%8%
How each member voted (60)
Member Party Vote
Lamar Wise — Yea
Matt Bunch — Yea
Andrea Valderrama Democrat Not Voting
Annessa Hartman Democrat Not Voting
April Dobson Democrat Yea
Ben Bowman Democrat Yea
Dacia Grayber Democrat Yea
Daniel Nguyen Democrat Yea
David Gomberg Democrat Yea
Emerson Levy Democrat Yea
Farrah Chaichi Democrat Yea
Hai Pham Democrat Yea
Jason Kropf Democrat Yea
John Lively Democrat Yea
Jules Walters Democrat Yea
Julie Fahey Democrat Yea
Ken Helm Democrat Yea
Lesly Muñoz Democrat Yea
Lisa Fragala Democrat Yea
Mari Watanabe Democrat Yea
Mark Gamba Democrat Yea
Nancy Nathanson Democrat Yea
Nathan Sosa Democrat Yea
Pam Marsh Democrat Yea
Paul Evans Democrat Yea
Ricki Ruiz Democrat Yea
Rob Nosse Democrat Yea
Sarah McDonald Democrat Yea
Shannon Isadore Democrat Yea
Sue Rieke Smith Democrat Yea
Susan McLain Democrat Yea
Tawna Sanchez Democrat Yea
Thuy Tran Democrat Yea
Tom Andersen Democrat Yea
Travis Nelson Democrat Yea
Willy Chotzen Democrat Yea
Zach Hudson Democrat Yea
Alek Skarlatos Republican Not Voting
Anna Scharf Republican Yea
Bobby Levy Republican Yea
Boomer Wright Republican Yea
Court Boice Republican Yea
Cyrus Javadi Republican Yea
Darcey Edwards Republican Yea
Darin Harbick Republican Yea
Dwayne Yunker Republican Yea
E. Werner Reschke Republican Not Voting
Ed Diehl Republican Yea
Emily McIntire Republican Yea
Gregory Smith Republican Yea
Jami Cate Republican Yea
Jeffrey Helfrich Republican Yea
Kevin Mannix Republican Yea
Kim Wallan Republican Yea
Lucetta Elmer Republican Not Voting
Mark Owens Republican Yea
Rick Lewis Republican Yea
Shelly Boshart Davis Republican Yea
Vikki Breese-Iverson Republican Yea
Virgle Osborne Republican Yea

Official roll call →

Heard and Reported Out

Passed 48 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democrat 26000
Republican 20000
Unaffiliated 2000
Total 48000
% of votes cast 100%0%0%0%
How each member voted (48)
Member Party Vote
Courtney Neron — Yea
Courtney Neron — Yea
Andrea Valderrama Democrat Yea
Andrea Valderrama Democrat Yea
Ben Bowman Democrat Yea
Ben Bowman Democrat Yea
David Gomberg Democrat Yea
David Gomberg Democrat Yea
Emerson Levy Democrat Yea
Emerson Levy Democrat Yea
James Manning Jr. Democrat Yea
James Manning Jr. Democrat Yea
Janeen Sollman Democrat Yea
Janeen Sollman Democrat Yea
Kate Lieber Democrat Yea
Kate Lieber Democrat Yea
Lew Frederick Democrat Yea
Lew Frederick Democrat Yea
Paul Evans Democrat Yea
Paul Evans Democrat Yea
Ricki Ruiz Democrat Yea
Ricki Ruiz Democrat Yea
Rob Nosse Democrat Yea
Rob Nosse Democrat Yea
Tawna Sanchez Democrat Yea
Tawna Sanchez Democrat Yea
Wlnsvey Campos Democrat Yea
Wlnsvey Campos Democrat Yea
Bruce Starr Republican Yea
Bruce Starr Republican Yea
David Brock Smith Republican Yea
David Brock Smith Republican Yea
Dick Anderson Republican Yea
Dick Anderson Republican Yea
E. Werner Reschke Republican Yea
E. Werner Reschke Republican Yea
Fred Girod Republican Yea
Fred Girod Republican Yea
Gregory Smith Republican Yea
Gregory Smith Republican Yea
Lucetta Elmer Republican Yea
Lucetta Elmer Republican Yea
Mark Owens Republican Yea
Mark Owens Republican Yea
Mike McLane Republican Yea
Mike McLane Republican Yea
Vikki Breese-Iverson Republican Yea
Vikki Breese-Iverson Republican Yea

Official roll call →

Subjects

healthcare health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 4040 do?
Modifies the requirements for screening a hospital patient for presumptive eligibility for financial assistance. [<i>Prohibits the Oregon Health Authority from requiring certain home health agencies to comply with Medicare conditions of participation.</i>] [<i>Modifies the requirements for how the Department of Human Services must publish Residential Care Quality Measurement Program data.</i>] Removes the requirement that an applicant for a residential care facility administrator license hold a bachelor's degree in a health or social service related field. Allows a person residing in a correctional facility to receive prerelease medical assistance benefits under certain circumstances. [<i>Prohibits the authority or a coordinated care organization from requiring prior authorization for medical assistance coverage for repairing complex rehabilitation technology if the repair costs $1,500 or less.</i>] Modifies the requirements for meetings held by the Health Evidence Review Commission. Modifies the composition of the Medicaid Advisory Committee. Modifies the eligibility requirements for parent providers who are paid to provide attendant care services to their children. {See A-Eng Bill for omitted text.} Allows a full-time dentistry student enrolled in an out-of-state dental education program to practice dentistry without a license if the student is supervised by a faculty member of a dental education program accredited by the Commission on Dental Accreditation of the American Dental Association. Requires casualty or health insurance policies to provide coverage for medically necessary anesthesia services, regardless of duration, for any covered procedures. Requires dental insurers to follow certain rules for payment and denial of claims. Requires the Legislative Policy and Research Director to develop and propose to the [<i>Legislative Policy and Research Committee</i>] <b>committees with jurisdiction over health care</b> an insurance coverage mandate impact statement policy. Directs the [<i>committee</i>] <b>committees</b> to perform due diligence in considering the proposal and authorizes the [<i>committee</i>] <b>committees</b> to modify the proposal if the [<i>committee</i>] <b>committees</b> so [<i>determines</i>]<b> determine</b>, and then to adopt the policy. Repeals requirement that enrollees in individual or group policies or certificates of health insurance [<i>or members of coordinated care organizations</i>] be assigned by <b>their</b> insurer [<i>or organization</i>] to primary care providers under certain circumstances. Specifies exemptions from the requirement that pharmacy services administrative organizations must register with the Department of Consumer and Business Services as third party administrators. {See A-Eng Bill for omitted text.}<b> Modifies requirements for the Prescription Drug Affordability Board's annual affordability determination for insulin products.</b> Allows licensees of the Occupational Therapy Licensing Board and the Oregon Board of Physical Therapy to provide psilocybin services as licensed psilocybin service facilitators while providing occupational therapy or physical therapy services. {See A-Eng Bill for omitted text.} Lowers the age at which a naturopathic physician may request a retired license status from 70 years of age to [60] 65 years of age. Includes nurse practitioners and physician associates in the definition of "attending physician" for purposes of the treatment of workers’ compensable injuries. Declares an emergency, effective on passage.
What is the current status of HB 4040?
This bill has been enacted into law. Introduced February 02, 2026. Enacted.
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