New Rules

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

Adopt: OAR 836-010-0150

This rule requires entities regulated by the Department of Consumer and Business Services to treat same-sex marriages validly performed the same as any marriage of heterosexual couples validly performed. The rule is necessary to comply with the recent federal court decisions by the United States Supreme Court and Oregon District Court that held prohibitions on same gender marriages unconstitutional under the U.S. Constitution.

This permanent rule will apply on and after the date the rules are adopted.

Adopted: July 17, 2014

Effective: July 17, 2014

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Adopt: OAR 836-007-0001

This rule clarifies when and how the director may exercise the discretionary authority to seek restitution or other equitable relief on behalf of a consumer who has suffered damages as a result of an insurer’s violation of the Insurance Code, applicable federal law or the insurer’s breach of an insurance contract or policy that the insurer has with the consumer. The rule defines “consumer,” “actual damages” and “equitable relief” and specifies when the director will seek relief. The rule specifically states that the director will not seek relief on behalf of a consumer who is entitled to an exclusive remedy under the workers compensation laws of this state and specifies that the director may reduce actual damages upon a showing that the consumer has failed to reasonably mitigate damages.

This permanent rule will apply on and after the date the rules are adopted. The department adopted temporary rules effective December 27, 2013 and this permanent rule replaces the temporary rules.

Adopted: June 20, 2014

Effective: June 20, 2014

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Amend: OAR 836-052-0142

Some individuals on Medicare rely on individual health plans as their secondary coverage, rather than Medicare Supplement (Medigap) insurance, for services not covered by Medicare parts A, B or D. For at least some of these individuals the commercial individual health plan (IHP) may have been equal to or superior to what they could have through Medigap (e.g., at the time there may have been superior pharmacy coverage through the IHP). In other instances, individuals might not realize the advantage of migrating to Medigap coverage when they became Medicare eligible and the insurer or agent did not guide them to switch to Medigap.

Generally, the only time a person has a right to purchase Medigap coverage on a guaranteed issue basis is upon gaining eligibility for Medicare. For most persons this occurs only once at age 65. For persons determined to be disabled prior to age 65, the first opportunity is at the time of their disability determination with accompanying Medicare eligibility; for these persons a second opportunity is presented at age 65. If a person does not choose a Medigap policy at the time of disability determination or turning 65, the person may be able to purchase Medigap in the future on an underwritten basis, but the opportunity is lost to ever opt in on a guaranteed issue basis.

This permanent rule replaces a temporary rule issued in December 2013 that requires guaranteed issue for individual health plans ending according to the deadlines established under the Affordable Care Act (ACA) for termination of noncompliant plans. Since December, the ACA deadlines have been adjusted on two occasions and insurers have the ability to choose the dates of plan termination within guidelines, resulting in the extension of the previously established termination dates in most cases to a date after the expiration of the emergency rule. The result of the termination when it occurs is to end IHP coverage for persons who relied on this coverage as a substitute for Medigap. This permanent rule extends the period of guaranteed issue to coincide with the termination of IHP under the ACA. This will protect the affected consumers.

The amendments in this rule require guaranteed issue of Medigap for individuals who relied on IHP to supplement Medicare and who have no control over the impending termination of the IHP as required by the ACA. Continuing this protection for Oregon consumers is consistent with the principle of protecting persons who involuntarily lose other coverage.

Adopted: May 19, 2014

Effective: May 19, 2014

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Adopt: OAR 836-010-0013 (T)

This rule provides guidance to insurers to follow when submitting rate filings for individual and small business transitional health benefit plans. The rule incorporates as part of the rule Exhibits 1 and 2 which contain previous guidance provided to insurers on the process for rate filings for these plans.

Adopted: April 24, 2014

Effective: April 24, 2014 through October 20, 2014

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Amend: OAR 836-053-0431

The open enrollment period for individual health benefit plans ended on March 31, 2014. Due to ongoing technical problems, delays and resulting confusion, and market issues relating to implementation of the Affordable Care Act, there is a need to establish a special enrollment period to allow Oregonians to submit health benefit plan applications during April 2014. This additional special enrollment period will provide Oregonians an additional opportunity to obtain health insurance coverage and maintain uniformity throughout the market regarding the enrollment period for individual health insurance coverage.

The time required to complete a permanent rule making does not allow the special enrollment period to be put in place in a timely manner. This would hinder the ability of Oregon citizens to obtain necessary coverage.

This temporary rule allows an individual to apply for individual health insurance outside of the Exchange through April 30, 2014.

Adopted: April 2, 2014

Effective: April 2, 2014 through September 24, 2014

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Adopt: OAR 836-053-0066
Amend: OAR 836-053-0465

The amendments to OAR 836-053-0465 require issuers of individual transitional health benefit plans to impose a three to one rate band on these policies, so that the highest rate is no higher than three times the lowest rate, and to pool individual transitional plans with individual grandfathered health benefit plans. OAR 836-053-0066 requires issuers of small group transitional health benefit plans to pool small group transitional plans with individual grandfathered health benefit plans.

Adopted: April 11, 2014

Effective: April 11, 2014 through October 8, 2014

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Adopt: OAR 836-011-0050

This permanent rule replaces temporary rule OAR 836-011-0050(T).

This rule brings the Insurance Division into compliance with Section 1303 of the Affordable Care Act (Pub. L. 111-148, 2010) requirements. That federal law requires health insurers to establish separate accounts that segregate federal subsidy funding for essential health benefits of a health benefit plan from other premium funds received from persons who enroll through the Oregon Health Insurance Exchange for coverage that may exceed the essential health benefits. The section also requires inclusion of notice of the fund segregation in the summary of benefits and coverage explanation. Section 1303 (b)(E)(i) places the obligation to ensure compliance with the segregation requirements on state insurance regulators. This rule is necessary for the Insurance Division to comply with the Affordable Care Act's requirements in this regard. The rule requires a health insurer to obtain the approval of the Oregon Insurance Commissioner of the accounting methodology the insurer will use to segregate the accounting. The proposed rules also requires health insurer to file certain information and imposes additional reporting requirements related to the segregated accounts with the insurer’s annual financial statement.

Adopted: February 14, 2014

Effective: February 14, 2014

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Amend: OAR 836-011-0000

This rulemaking prescribes, for reporting year 2013, the required forms for the annual and supplemental financial statements required of insurers, multiple employer welfare arrangements and health care service contractors under ORS 731.574, as well as the necessary instructions for completing the forms.

Adopted: February 14, 2014

Effective: February 14, 2014

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Amend: OAR 836-053-0431 (T)

The amendments to OAR 836-053-0431(1) and (2) clarify that carriers that issue individual health benefit plans must offer and provide individual health benefit plan coverage to applicants (1) who are 65 or older unless such persons are enrolled in Medicare or (2) applying for coverage outside of the Oregon Health Insurance Exchange without regard to the legal status of a person.

Adopted: February 4, 2014

Effective: February 4, 2014  through July 31, 2014​

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​Key links

Oregon Revised Statutes 

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