Proposed rules

Rule Summary: Clarifies the regulatory authority of the department over residential mortgage loan servicers and contact information required under the rule.

​Rules affected: OAR 441-890-0070

Need for Rules:
The amendment is needed to clarify the scope of the jurisdiction of the Department of Consumer and Business Services (DCBS) over Oregon licensed residential mortgage servicers and persons required to satisfy the licensing requirement contained in ORS 86A.300 to 86A.339; and to clarify that borrowers are to contact their residential mortgage loan servicers if borrowers have questions concerning statements and notices and to contact the Division of Financial Regulation (DFR) on behalf of the department if borrowers have complaints about unlawful conduct.

Filed: October 28, 2020

Public hearing: November 23, 2020, 3:30p.m, Conference call only due to COVID-19.

Last day for public comment:  November 30, 2020, 5 p.m.

Documents

• Notice of proposed rulemaking

Rule summary:
Identifies four additional benefits that health benefit plans that are subject to Oregon’s essential health benefits must cover beginning in 2022.

​Rules affected: OAR 836-053-0017

Need for Rules:
These rules make additions to Oregon’s Essential Health Benefits (EHB) for plan years 2022 and beyond. Under the rule, non-grandfathered individual and small employer health benefit plans issued or renewed on or after January 1, 2022 will be required to cover the following items and services as part of Oregon’s EHB: up to 20 visits per year for spinal manipulation; up to 12 visits per year for acupuncture; coverage of Buprenorphine or brand equivalent products for medication-assisted treatment of opioid use disorder without prior authorization, dispensing limits, fail first policies, or lifetime limits; and at least one intranasal opioid reversal agent for initial prescriptions of opioids with dosages of 50 morphine milligram equivalents (MME) or more.

Filed: Oct. 27, 2020

Public hearing: Nov. 23, 2020, 2:30 p.m., Conference call only due to COVID-19.

Last day for public comment: Nov. 30, 2020, 5 p.m.

Documents

• Notice of proposed rulemaking

​​​​​Rule Summary: Adopted new requirements for Pharmacy Benefit Managers (PBMs) in Oregon.

​Rules affected: OAR 836-200-0440

Need for Rules:
2019 House Bill 2185 (the Act), enrolled at 2019 Oregon Laws Chapter 526, establishes new requirements for pharmacy benefit managers (PBMs) in Oregon. These requirements are effective January 1, 2021, and include: prohibiting PBMs from requiring an enrollee to fill or refill prescriptions at a mail order pharmacy; allowing PBMs to require enrollees to fill or refill prescriptions for specialty drugs at a specialty pharmacy; among several other requirements.

Filed: October 28, 2020

Public hearing: November 23, 2020, Time 1:3​0 p.m,​ Conference call only due to COVID-19.​

Last day for public comment: ​​ November 30, 2020, 5 p.m.

Documents

• Notice of proposed rulemaking

​​​​Rule Summary: Amends rule relating to the filing of registration statements by insurers.

​Rules affected: OAR 836-027-0010

Need for Rules:
These rules set forth procedural requirements that the director deems necessary to carry out the provisions of ORS 732.517 to 732.592, in a manner as set forth in the National Association of Insurance Commissioners (NAIC) Insurance Holding Company System Model Regulation #450 and consistent with NAIC accreditation requirements.

Filed: October 27, 2020

Public hearing: November 23, 2020, Time 11:00 a.m,​ ​Conference call only due to COVID-19. ​​

Last day for public comment: ​ November 30, 2020, 5 p.m.​

Documents

• Notice of proposed rulemaking

​Rules affected: OAR 836-011-0000

Need for Rules:
The NAIC annual and quarterly blanks and instructions impose various accounting and reporting requirements, and are the standard means of financial reporting used by insurers nationwide. Adoption of the blanks and forms by reference gives their requirements the force of law and assures insurers, and the public, that Oregon’s reporting requirements are current and consistent with those of other states. Inclusion of the quarterly statement blank requirement provides guidance to insurers, and is consistent with accreditation standards established by the NAIC.

Filed: Oct. 27, 2020

Public hearing: Nov. 23, 2020, 9:00 a.m., Conference call only due to COVID-19.

Last day for public comment: Nov. 30, 2020, 5 p.m.

Documents

• Notice of proposed rulemaking

​Rule summary:
Amends rule permitting use of certain special designations or professional certifications by securities professionals.

​Rules affected: OAR 441-135-0020

Need for Rules:
Persons engaged in the offer, sale or purchase of securities, or in providing advice as to the value of or advisability of investing in, purchasing, or selling securities, frequently make use of special certifications, professional designations or titles in course of providing such services. This rulemaking would allow the use of designations or certifications that the director recognizes for securities licensing examination waiver purposes, under OAR 441-175-0120(6)(b), when used by a person currently holding such a certification or designation.

Filed: Oct. 27, 2020

Public hearing: Nov. 23, 2020, 10:00 a.m., Conference call only due to COVID-19.

Last day for public comment: Nov. 30, 2020, 5 p.m.

Documents

• Notice of proposed rulemaking

​Rule Summary: Allows Oregon chartered banks to pay dividends in excess of retained earnings.

​Rules affected: OAR 441-505-2010

Need for Rules:
The proposed rule makes permanent the temporary rule allowing Oregon chartered banks that meet safety and soundness requirements to make shareholder distributions, the aggregate amount of which may exceed the bank’s retained earnings, provided written approval to do so is granted by the director of the Department of Consumer and Business Services (DCBS). Allowing banks to pay dividends in excess of retained earnings with the approval of the director will not in any way be detrimental to the public interest.

Filed: September 21, 2020

Public hearing: October 22, 2020, Time 10:30a.m

Last day for public comment: October 29, 2020, 5 p.m.

Documents

• Notice of proposed rulemaking