(a) "Adverse event" means a negative consequence of patient care that is unanticipated, is usually preventable and results in or presents a significant risk of patient injury.
(b) "Claim" means a written demand for restitution for an injury alleged to have been caused by the medical negligence of a health practitioner or licensed health care facility.
(c) "Health practitioner" means a person described in ORS 31.740 (1).
(d) "Patient’s family" includes:
(A) A parent, sibling or child by marriage, blood, adoption or domestic partnership.
(B) A foster parent or foster child.
(2) An insurer may not decline or refuse to defend or indemnify a health practitioner or a health care facility with respect to a claim, for any reason that is based on:
(a) The disclosure to the patient or the patient’s family by the health practitioner or facility of an adverse event or information relating to the cause of an adverse event;
(b) A notice of adverse health care incident filed under ORS 31.262; or
(c) Participation in a discussion or mediation under ORS 31.264 or 31.268.
(3) A policy or contract of insurance or indemnity may not include a provision or term excluding or limiting coverage based on:
(a) The disclosure to a patient or the patient’s family by a health practitioner or facility of an adverse event or information relating to the cause of an adverse event;
(b) A notice of adverse health care incident filed under ORS 31.262; or
(c) Participation in a discussion or mediation under ORS 31.264 or 31.268.
(4) An insurer may establish requirements and policy provisions for coverage of payments of compensation made under ORS 31.264 or as a result of a mediation under ORS 31.268. Requirements and policy provisions established under this subsection may not be intended to or have the effect of preventing meaningful participation in discussions and mediations under ORS 31.264 and 31.268.
(5) An insurer may not provide or be required to provide information related to an adverse health care incident as defined in ORS 31.260 for credentialing purposes. [Formerly 743.056; 2021 c.271 §4]
Note: 742.407 was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 742 or any series therein. See Preface to Oregon Revised Statutes for further explanation.