OAR 436-015-0037: MCO-Insurer Contracts

(1) An MCO must provide comprehensive medical services to all enrolled workers covered by the MCO-insurer contract according to the MCO’s certification. (2) An MCO may not contract exclusively with a single insurer. However, an MCO has up to one year from the effective date of its first contract to obtain contracts with more than one insurer. If the MCO has not obtained additional contracts within this time period, the MCO must provide the director with a report documenting the MCO’s efforts to obtain additional contracts. (3) An MCO may contract only with insurers. The contract must include the following terms and conditions: (a) Who is governed by the contract; (b) The covered place of employment must be within the authorized geographic service area; (c) Insurers may contract with multiple MCOs to provide coverage for employers. All workers at any specific employer's location must be governed by the same MCO(s). When insurers contract with multiple MCOs each worker must have initial choice at the time of injury to select which MCO will manage their care except when the employer provides a coordinated health care program; (d) Workers enrolled in an MCO must receive medical services as prescribed by the terms and conditions of the contract; and (e) A continuity of care provision specifying how workers will receive medical services on open claims, including the following: (A) Upon enrollment, allowing workers to continue to treat with the current medical service providers for at least 30 days after the mailing date of the notice of enrollment; and (B) Upon termination or expiration of the MCO-insurer contract, allowing workers to continue treatment under ORS 656.245(4)(a). (4) Notwithstanding the requirements of this rule, failure of the MCO to provide medical services does not relieve the insurers of their responsibility to ensure benefits are provided to workers under ORS chapter 656.