(2) The director has such powers as are necessary to carry out ORS 741.001 to 741.540.
(3) The director may employ, supervise and terminate the employment of such staff as the director deems necessary. The director shall prescribe their duties and fix their compensation. An employee of the department, other than the director, who has management responsibilities or decision-making authority with respect to the administration of the health insurance exchange may not also have management responsibilities or decision-making authority with respect to reviewing rates, assessing provider network adequacy, approving forms, determining financial solvency or enforcing other legal requirements applicable to insurers offering health insurance, as defined in ORS 731.162, in this state. Employees administering the exchange may not be individuals who are:
(a) Employed by, consultants to or members of a board of directors of:
(A) An insurer or third party administrator;
(B) An insurance producer; or
(C) A health care provider, health care facility or health clinic;
(b) Members, board members or employees of a trade association of:
(A) Insurers or third party administrators; or
(B) Health care providers, health care facilities or health clinics; or
(c) Health care providers, unless they receive no compensation for rendering services as health care providers and do not have ownership interests in professional health care practices. [Formerly 741.201]
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