Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 743A.066

Contraceptives

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      743A.066 Contraceptives. (1) A prescription drug benefit program, or a prescription drug benefit offered under a health benefit plan as defined in ORS 743B.005 or under a student health insurance policy, must provide payment, coverage or reimbursement for:

      (a) Prescription contraceptives; and

      (b) If covered for other drug benefits under the program, plan or policy, outpatient consultations, including pharmacist consultations, examinations, procedures and medical services that are necessary to prescribe, dispense, deliver, distribute, administer or remove a prescription contraceptive.

      (2) The coverage required by subsection (1) of this section:

      (a) May be subject to provisions of the program, plan or policy that apply equally to other prescription drugs covered by the program, plan or policy, including but not limited to required copayments, deductibles and coinsurance; and

      (b) Must reimburse a health care provider or dispensing entity for a dispensing of contraceptives intended to last for a:

      (A) Three-month period for the first dispensing of the contraceptive to an insured; and

      (B) Twelve-month period for subsequent dispensings of the same contraceptive to the insured regardless of whether the insured was enrolled in the program, plan or policy at the time of the first dispensing.

      (3) As used in this section, “prescription contraceptive” means a drug or device that requires a prescription and is approved by the United States Food and Drug Administration to prevent pregnancy.

      (4) A religious employer is exempt from the requirements of this section with respect to a prescription drug benefit program or a health benefit plan it provides to its employees. A “religious employer” is an employer:

      (a) Whose purpose is the inculcation of religious values;

      (b) That primarily employs persons who share the religious tenets of the employer;

      (c) That primarily serves persons who share the religious tenets of the employer; and

      (d) That is a nonprofit organization under section 6033(a)(3)(A)(i) or (iii) of the Internal Revenue Code.

      (5) This section is exempt from the provisions of ORS 743A.001. [2007 c.182 §3; 2015 c.412 §1; 2017 c.289 §4]

 

      Note: 743A.066 was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 743A or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2024–2025 · leading case: Oregon Right to Life v. Stolfi
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Oregon Right to Life v. Stolfi (2025) ca9 · cites it 14× “The RHEA’s narrow definition of “religious employer,” see Or. Rev. Stat. § 743A.066(4), deliberately privileges certain religiously motivated activities, and the legacy exemption is explicitly meant to—and does—treat some religious organizations (PHP and Samaritan Health Plans)…”
Oregon Right To Life v. Stolfi (2024) ord “” ORS 743A.066(4); ORS 743A.067(1)(e). This is the “religious employer exception.”
— Or. Rev. Stat. § 743A.066(4) — 2 cases
Oregon Right to Life v. Stolfi (2025) ca9 “The RHEA’s narrow definition of “religious employer,” see Or. Rev. Stat. § 743A.066(4), deliberately privileges certain religiously motivated activities, and the legacy exemption is explicitly meant to—and does—treat some religious organizations (PHP and Samaritan Health Plans)…”
Oregon Right To Life v. Stolfi (2024) ord “” ORS 743A.066(4); ORS 743A.067(1)(e). This is the “religious employer exception.”
— Or. Rev. Stat. § 743A.066(4)(a) — 1 case
Oregon Right to Life v. Stolfi (2025) ca9 “The RHEA’s narrow definition of “religious employer,” see Or. Rev. Stat. § 743A.066(4), deliberately privileges certain religiously motivated activities, and the legacy exemption is explicitly meant to—and does—treat some religious organizations (PHP and Samaritan Health Plans)…”
— Or. Rev. Stat. § 743A.066(4)(c) — 1 case
Oregon Right to Life v. Stolfi (2025) ca9 “The RHEA’s narrow definition of “religious employer,” see Or. Rev. Stat. § 743A.066(4), deliberately privileges certain religiously motivated activities, and the legacy exemption is explicitly meant to—and does—treat some religious organizations (PHP and Samaritan Health Plans)…”
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