Laws and rules

New Rules

New rules are posted on this page for six months after they are final.

Click on a rule title below for details.

Insurance regulation

Rules affected: OAR 836-053-0014

Establishing standards and process for shortened periods of market prohibition.

House Bill 2340, passed during the 2017 Legislative Assembly, permits the Department of Consumer and Business Services (the department) to shorten the five-year period of market prohibition on a carrier that has electively withdrawn from a market within the state if it is necessary to ensure, in all geographic areas of this state, that a competitive health insurance market exists, consumers have a reasonable number of health insurance options available to them, and that consumers who purchase insurance are protected.

The bill requires the department to adopt rules establishing standards for shortening the period of market prohibition for carriers that electively withdrew from a market within the state.

Filed: June 15, 2018

Effective: June 19, 2018

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Rules affected: OAR 836-053-0013

Amending to clarify the applicability of cost sharing and coverage updates to the standard plans.

Justification of Temporary Filing:
The coverage requirements of HB 3391 apply to plans issued or renewed in the individual or small employer market on or after January 1, 2019. Insures wishing to participate in these markets must file their 2019 plan offerings with the Department by May 16, 2018. The guidance provided in this temporary rule is necessary for carriers to make informed decisions on 2019 market participation and to complete the required regulatory filings timely. If the Department does not act, Oregonians may not receive the full scope of benefits to which they are entitled under the Insurance Code.

Filed: April 24, 2018

Effective: April 24, 2018 through October 20, 2018

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Rules affected: OAR 836-053-0473, 836-053-0474

Amendment of Process For Rate Filing for Individual and Small Employer Health Benefit Plans

This proposed rule would codify the ability to reopen a previously closed comment period in response to an “intervening event”. Intervening events are primarily defined as actions taken by the Centers for Medicare and Medicaid Services, but could include other instances that materially impact prior rate decisions.

Filed: April 24, 2018

Effective: April 24, 2018

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Rules affected: OAR 836-053-0435

Health Benefit Plan Coverage of Well-woman Preventive Care Services

Adopts the United States Health Resources and Services Administration guidelines for well-woman care preventive services.

Filed: April 23, 2018

Effective: April 23, 2018

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Rules affected: OAR 836-053-0013

Amendment to 2019 standard silver health benefit plan.

This amended rule updates the Oregon standard silver plan for plan years beginning on and after January 1, 2019. (This is being refiled due to an error with Exhibit 2. This is the correct version of Exhibit 2.)

Filed: April 20, 2018

Effective: April 20, 2018

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Rules affected: OARs 836-053-1520, 836-053-1525, 836-053-1530

To establish health carrier reporting requirements related to alternative payment methodologies.

These rules implement requirements of Chapter 489 of Oregon Law 2017 (SB 934) which require insurers participating in a national primary care medical home payment model, conducted by the Center for Medicare and Medicaid Innovation (CPC+), that includes performance-based incentive payments for primary care to offer a similar alternative payment methodology (APM) to all Patient-Centered Primary Care Homes (PCPCHs) that serve their members.

Filed: March 9, 2018

Effective: March 9, 2018

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Adopt: OAR 836-053-1403

Defines Case Management and Coordination of Care for Behavioral Health Care Services.

Filed: February 26, 2018

Effective: March 1, 2018

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Amend: OAR 836-053-0473

Amended to include primary care spending reporting requirements.

Filed: January 30, 2018

Effective: February 1, 2018

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Amend: OAR 836-200-0401

Is amended to make technical changes, and to clarify the department’s authority to regulate and enforce PBM provisions under the Insurance Code.

Filed: December 28, 2017

Effective: January 1, 2018

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Amend: OAR 836-011-0000

Amending to specify the edition of the NAIC Valuation Manual insurers must use when establishing principle-based reserves beginning January 1, 2018.

Filed: December 20, 2017

Effective: December 20, 2017

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Amend: OAR 836-031-0605

Amending to specify the edition of the NAIC Valuation Manual insurers must use when establishing principle-based reserves beginning January 1, 2018.

Filed: December 14, 2017

Effective: December 14, 2017

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Adopt: OAR 836-053-0418

Clarifies the definition of “insurer” found within 2017 OR Laws, ch 719, §2 (Enrolled House Bill 3276) to confirm this law’s applicability to health care service contractors and multiple employer welfare arrangements authorized to transact insurance or offer health benefits in the state of Oregon.

Filed: December 08, 2017

Effective: December 08, 2017

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Amend: OAR 836-053-0015

OAR 836-053-0015 reinforces the definition of a small employer to mean an employer who employed not more than 50 and at least one full-time equivalent employee on the first day of the plan year and revises the Exhibit to the rule to provide clarification of the counting methodology to establish a small group.

Filed: November 22, 2017

Effective: January 1, 2018

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Adopt: OAR 836-011-0020

836-011-0020 adopts definitions of “insurance group”, “insurer” and “Senior Management”.

Filed: November 22, 2017

Effective: January 1, 2018

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Amend: OAR 836-042-0015

OAR 836-042-0015(2) requires that rate filings be accompanied by a transmittal letter with a specific format prescribed by rule.

OAR 836-042-0015(8)-(9) requires insurers to duplicate filings made to DCBS and submit them to its rating organization for review.

Filed: October 23, 2017

Effective: January 1, 2018

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Financial institutions regulation

Rules affected: OAR 441-175-0185

Rule Summary:
Adopted to recognize surplus lines and risk retention coverage as meeting the requirements ORS 59.175. The rule also provides clarity regarding providing proof of errors and omissions insurance required by ORS 59.175

These temporary rules are necessary in order to provide guidance to broker-dealers and investment advisors subject to the errors and omissions insurance requirement enacted through Senate Bill 96 (2017). Senate Bill 96 requires certain broker-dealers and investment advisors with their principal place of business in Oregon to obtain, and maintain, a minimum of $1 million in errors and omissions insurance. The requirement to have errors and omissions coverage becomes effective July 31, 2018. Currently, the primary source of financial services errors and omissions insurance is in the surplus lines and risk retention markets. Because Oregon surplus lines and risk retention markets are not “admitted” in Oregon, the department must authorize coverage through one or both of these groups through rule. Because this is a new requirement, financial advisors subject to the requirement need time in order to shop for and obtain appropriate coverage. These temporary rules are necessary to clarify, for both insurance producers and affected financial advisors, how to provide proof of insurance to the division.

Filed: June 12, 2018

Effective: June 12, 2018 through December 8, 2018

Documents:

Rules affected: OAR 441-011-0040, 441-065-0010, 441-065-0060, 441-065-0070, 441-065-0080, 441-065-0090, 441-065-0100, 441- 065-0110, 441-065-0130, 441-065-0140, 441-065-0150, 441-065-0160, 441-065-0170, 441-065-0180, 441-065- 0190, 441-065-0200, 441-065-0210, 441-065-0220, 441-065-0221, 441-065-0222, 441-065-0223, 441-065-0224, 441-065-0225, 441-065-0230

Rule Summary:
This rulemaking proposes amendments to accommodate changes at the federal level to Rule 504 and 505 and to simplify small capital raises. The proposed changes would repeal Oregon's rule (OAR 441-065-0230) implementing Rule 505, and update the offering limits of the SCOR to correspond to the new $5 million federal limit for Rule 504 offerings.

In addition, the proposed rulemaking would revise the existing OAR 441-065-0220 process to adopt a Small Offering Abbreviated Registration (SOAR) allowing for a quick registration, without audited financials for Rule 504 offerings up to $1 million. The proposal to restructure the small offering rule is based on a finding that the current rule has been used five times since 2007 (out of a total of 969 registrations) and all but one of the filings has been cancelled or withdrawn.

Filed: April 26, 2018

Effective: May 1, 2018

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Rules affected: OAR OAR 441-820-0010, 441-820-0020, 441-820-0030, 441-820-0040, 441-820-0050, 441-820-0060, 441-820-0070, 441- 820-0080, 441-820-0090, 441-820-0100, 441-820-0110, 441-820-0120, 441-820-0130, 441-820-0140, 441-820- 0150, 441-820-0160, 441-820-0170, 441-820-0180

Rule Summary:
Establishes the application process for obtaining a debt buyer license.

Filed: April 23, 2018

Effective: April 24, 2018

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Amend: OAR 441-850-0005

Repeal: Temporary OAR 441-850-0005 from FSR 9-20170

Sets definitions for mortgage lending and mortgage servicing regulations contained in chapters 850 to 890.

Filed: April 16, 2018

Effective: April 17, 2018

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Amend: OAR 441-049-1011

Is amended to provide a definition of a federal crowdfunded offering consistent with the JOBS Act and 17 CFR § 227 (Regulation Crowdfunding).

Filed: January 30, 2018

Effective: February 1, 2018

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Amend: OAR 441-500-0020

Increases the assessment cap on banks over $10.0 billion in asset size by $200,000, while leaving assessment rates on all other tiers unchanged.

Filed: January 30, 2018

Effective: February 1, 2018

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Amend: OARs 441-035-0070, 441-035-0080, 441-035-0090, 441-035-0100, 441-035-0110, 441-035-0120, 441-035-0125, 441-035-0130, 441-035-0140, 441-035-0150, 441-035-0160, 441-035-0170, 441-035-0190, 441-035-0200, 441-035-0210, 441-035-0220, 441-035-0230, 441-035-0240

Amended to make small changes to the policy statement for the rules to better distinguish investment crowdfunding from other capital raising tools.

Filed: December 28, 2017

Effective: January 1, 2018

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Key links

Oregon Revised Statutes​​​​​