Oregon Statutes 127.565 – Independent medical judgment of provider; effect of advance directive on insurance
(1) In following an advance directive or the decision of a health care representative, a health care provider shall exercise the same independent medical judgment that the health care provider would exercise in following the decisions of the principal if the principal were capable.
Terms Used In Oregon Statutes 127.565
- Contract: A legal written agreement that becomes binding when signed.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Statute: A law passed by a legislature.
(2) A person may not be required to execute or to refrain from executing an advance directive or to appoint or to refrain from appointing a health care representative as a condition for insurance. A health care provider may not condition the provision of health care or otherwise discriminate against an individual based on whether or not the individual has executed an advance directive or has appointed a health care representative.
(3) No existing or future policy of insurance is legally impaired or invalidated in any manner by actions taken under ORS § 127.505 to 127.660. A person may not be discriminated against in premium or contract rates because of the existence or absence of an advance directive or appointment of a health care representative.
(4) Nothing in ORS § 127.505 to 127.660 is intended to impair or supersede any conflicting federal statute. [1989 c.914 § 12; 1993 c.767 § 16; 2018 c.36 § 17]