(1) The Department of Consumer and Business Services shall adopt by rule a method for determining whether:

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(a) An employee is an eligible employee as defined in ORS § 743B.005; and

(b) An employer is a small employer as defined in ORS § 743B.005.

(2) The method adopted by the department under subsection (1) of this section must be consistent with corresponding federal requirements for the Small Business Health Options Program as defined in ORS § 741.300. [2015 c.515 § 3a]

743B.020 was added to and made a part of the Insurance Code by legislative action but was not added to ORS Chapter 743B or any series therein. See Preface to Oregon Revised Statutes for further explanation.

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