Recently adopted rules

Rules affected: OAR 441-175-0002

Rule Summary:
Amended to increase the broker-dealer salesperson license renewal to $60.

Filed: March 18, 2019

Effective: April 1, 2019

Documents:

• Permanent Administrative Order
• Summary of Testimony and Hearing Officer's Report

Rules affected: OAR 441-710-0527

Rule Summary:
Defines "regular meetings" and its frequency.

Filed: January 14, 2019

Effective: January 15, 2019

Documents:

• Permanent Administrative Order
• Summary of Testimony and Hearing Officer's Report

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.

Filed: October 10, 2018

Effective: October 10, 2018

Documents:

• Permanent Administrative Order
• Summary of Testimony and Hearing Officer's Report

Rules affected: OAR 441-175-0120, 441-175-0130

Rule Summary:
Amended to include a reference to the FINRA Series 66 exam.

Filed: October 10, 2018

Effective: October 10, 2018

Documents:

• Permanent Administrative Order
• Summary of Testimony and Hearing Officer's Report

Rules affected: OAR 836-043-0125, 836-043-0130, 836-043-0135, 836-043-0145, 836-043-0150, 836-043-0155, 836-043-0165

Rule Summary:
Revises wording of description of alternative audit level.

Filed: April 19, 2019

Effective: July 1, 2019

Documents:

• Permanent Administrative Order
• Summary of Testimony and Hearing Officer's Report
• Exhibit 1 to OAR 836-043-0130
• Exhibit 2 to OAR 836-043-0155

Rules affected: OAR 836-053-0013

Rule Summary:
Refiled to remove the word "Draft" on Exhibits.

Need for the Rule:
ORS 743B.130 requires the Department of Consumer and Business Services (DCBS) to prescribe by rule the form, level of coverage, and benefit design for bronze and silver health benefit plans that must be offered by insurance carriers. These plans must meet federal requirements issued by the Department of Health and Human Services (HHS). Each year, HHS updates the actuarial value (AV) calculator used for determining coverage levels. Changes may include costs, plan designs, populations, developments in the function and operation of the AV calculator and other actuarially relevant factors.

As a result of changes made to the federal AV calculator for 2020, the AV for the standard bronze and silver plans prescribed in OAR 836-053-0013 exceeded federal requirements. Failure to update the rule would result in DCBS requiring carriers to submit plans that are illegal with respect to federal law.

This year, HHS released the AV calculator later than in previous years. As a result, rulemaking would not be able to be completed in time for carriers to submit plans in May for review.

Filed: March 21, 2019

Effective: March 21, 2019 through September 13, 2019

Documents:

• Temporary Administrative Order
• Exhibit 1 to OAR 836-053-0013: 2020 Bronze plan cost-sharing matrix
• Exhibit 2 to OAR 836-053-0013: 2020 Silver plan cost-sharing matrix

Rules affected: OAR 836-053-0473, 836-200-0500, 836-200-0505, 836-200-0510, 836-200-0515, 836-200-0520, 836-200-0525, 836-200-0530, 836-200-0535, 836-200-0540, 836-200-0545, 836-200-0550, 836-200-0555, 836-200-0560

Rule Summary:
Adopt additional requirement to include an appendix with specified information regarding prescription drug costs in rate filings for individual or small employer health benefit plans.

Filed: February, 2019

Effective: March 1, 2019

Documents:

• Permanent Administrative Order
• Summary of Testimony and Hearing Officer's Report

Rules affected: OAR 836-031-0605

Rule Summary:
Refile to use rule text of the Notice of Proposed Rulemaking. There are no substantive changes.

Filed: January 4, 2019

Effective: January 4, 2019

Documents:

• Permanent Administrative Order

Rules affected: OAR 836-150-0010, 836-150-0020, 836-150-0030, 836-150-0040, 836-150-0050, 836-150-0060

Rule Summary:
Clarifies the purpose, statutory authority, and applicability for OAR 836-053-1600 to 836-053-1615. Adopt definitions of: anesthesia conversion factor; base units; base rate; CMS; CPT; CPI adjustment; director; geographic rating area; modifier adjustment; out-of-network reimbursement; physical status units; Q modifier adjustment; and time units. Adopt formula for out-of-network reimbursement for non-anesthesia-related claims. Adopt formula for out-of-network reimbursement for anesthesia-related claims.

Filed: December 19, 2018

Effective: January 1, 2019

Documents:

• Permanent Administrative Order
• Summary of Testimony and Hearing Officer's Report
• Appendix A: Non-anesthesia reimbursement base rate

Rules affected: OAR 836-150-0010, 836-150-0020, 836-150-0030, 836-150-0040, 836-150-0050, 836-150-0060

Rule Summary:
Explains the purpose of the Oregon Reinsurance Program. Defines benefit year, department, reinsurance eligible claim, reinsurance eligible issuer and reinsurance payment. Lists the reporting requirements and payment processes to receive reinsurance payments. Establishes the attachment point, reinsurance cap and coinsurance rate for the benefit years 2018 and 2019. Describes how and when reinsurance payments are to be made. Describes the duties of the Oregon Reinsurance Program administrator.

Filed: December 19, 2018

Effective: January 1, 2019

Documents:

• Permanent Administrative Order
• Summary of Testimony and Hearing Officer's Report

Rules affected: OAR 836-031-0605

Rule Summary:
Designates the version of the Valuation Manual insurers must use in establishing principle-based reserves beginning January 1, 2019, and confirms that the operative date of the Valuation Manual is January 1, 2017 under section 16(2) of Oregon Laws 2015 chapter 547.

Filed: December 19, 2018

Effective: January 1, 2019

Documents:

• Permanent Administrative Order
• Summary of Testimony and Hearing Officer's Report

Rules affected: OAR 836-011-0000

Rule Summary:
Amended annually to prescribe the statement blanks and applicable instructions then in effect.

Filed: December 19, 2018

Effective: January 1, 2019

Documents:

• Permanent Administrative Order
• Summary of Testimony and Hearing Officer's Report

Rules affected: OAR 836-031-0270

Rule Summary:
The rule sets forth the minimum standards to be used by insurers for the valuation of specified benefits, and the computation of contract reserves and claim reserves, for individual and group health insurance policies.

Filed: December 19, 2018

Effective: December 19, 2018

Documents:

• Permanent Administrative Order
• Summary of Testimony and Hearing Officer's Report

Rules affected: OAR 836-053-0013

Rule Summary:
Amends to ensure that the standard bronze and silver plan designs adopted by the Department of Consumer and Business Services under ORS 743B.130 will comply with the requirements of ORS 743A.067

Filed: October 10, 2018

Effective: October 20, 2018

Documents:

• Permanent Administrative Order
• Summary of Testimony and Hearing Officer's Report