Blanchard ex rel. Blanchard v. Kaiser Foundation Health Plan

DURHAM, J.,

specially concurring.

I agree with the majority that the parties’ disagreement about whether the treatment plan describes a service that must be covered pursuant to ORS 743.706(2) cannot be resolved by a summary judgment. However, the majority applies an interpretive gloss to the statute that changes its clear meaning and that will undermine its proper application on remand. I do not agree with that construction.

ORS 743.706 provides:

“(1) The Legislative Assembly declares that all group health insurance policies providing hospital, medical or surgical expense benefits include…