Laws and rules

Click on a proposed rule title below for details.

Amend: OAR 836-053-0015

In 2017, the Legislature enacted SB 271, which removed discretion of the Department of Consumer and Business Service to prescribe group size consistent with the guidance provided by the US Department of Health and Human Services and the US Department of Labor or the US Department of the Treasury. The amended law treats "small group" as an employer who employed not more than 50 and at least one full-time equivalent employee on the first day of the plan year. This rulemaking activity makes conforming changes to OAR 836-053-0015 consistent with the new law.

The Exhibit to the rule was revised to provide the Oregon Department of Justice (DOJ) clarification of the requirement that in order to qualify as a small employer group; the group must include at least one common law employee enrolled in the plan.

The Agency requests public comment on whether other options should be considered for achieving the rule’s substantive goals while reducing negative economic impact of the rule on business.

Filed: September 12, 2017

Public hearing: October 24, 2017, 1:30 p.m.

Last day for public comment: October 26, 2017, 5:00 p.m.

► Public comments received

Documents

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Adopt: OAR OAR 836-011-0020, 836-011-0022, 836-011-0024

These proposed rules adopt Corporate Governance Regulation Language from NAIC Model 306. As required by Senate Bill 97, Oregon insurers must submit to DCBS Corporate Governance disclosure reports annually, consistent with the NAIC model regulation requirements. These proposed rules provide insurers the direction needed to submit this report.

The Agency requests public comment on whether other options should be considered for achieving the rule’s substantive goals while reducing negative economic impact of the rule on business.

Filed: September 12, 2017

Public hearing: October 24, 2017, 10:30 a.m.

Last day for public comment: October 31, 2017, 5:00 p.m.

Documents

Amend: OAR 836-042-0015; OAR 836-042-0035; OAR 836-042-0045

OAR 836-042-0015(2) requires that rate filings be accompanied by a transmittal letter with a specific format prescribed by rule. The proposed rulemaking would allow insurers to file the transmittal letter without being in a specific format as long as it contains the required information listed on the DFR website.

OAR 836-042-0015(8)-(9) requires insurers to duplicate filings made to DCBS and submit them to its rating organization for review. In practice, this requirement does not serve a meaningful purpose. DCBS reviews submissions from insurers, which is independent from, and does not rely upon a review from the rating organization. The proposed rulemaking would eliminate the requirement to submit duplicate filings to the rating organization for review.

OAR 836-042-0035 contains a reference to a provision in the insurance code that has moved from ORS 743 to ORS 742. The proposed rulemaking updates the statutory reference.

ORS 737.225 directs the Director to designate the statistical plan for workers' compensation insurance. OAR 836-042-0045 designates the Statistical Plan for Workers Compensation and Employers Liability Insurance, 2008 Edition, revised in 2014 and filed by the National Council on Compensation Insurance (NCCI). The proposed rulemaking would designated the NCCI plan with revisions as of January 1, 2018.

The Agency requests public comment on whether other options should be considered for achieving the rule’s substantive goals while reducing negative economic impact of the rule on business.

Filed: August 4, 2017

Public hearing: September 27, 2017, 9:30 a.m.

Last day for public comment: October 4, 2017, 5:00 p.m.

Documents

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Where to send comments on proposed rules

Division of Financial Regulation
ins.rules@oregon.gov

Rulemaking advisory committees

Agency Mailing / Interested Party List:

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If you have questions or if you need to request hard copy notices, you may contact Karen Winkel via email at Karen.j.winkel@oregon.gov.

Key links

Oregon Revised Statutes​​​​​​