New Rules

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

Click on a rule title below for details.

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Amend: OAR 836-011-0000

This amendment to an existing rule prescribes for reporting year 2015, 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 2, 2016

Effective: February 3, 2016

Documents:

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Adopt: OAR 836-071-0354

Amend: OAR 836-071-0355, 836-071-0370, 836-071-0380

Existing rules of the Department of Consumer and Business Services establish the steps that a rental company with a limited license to sell rental insurance must take to educate and monitor employees selling insurance under the limited license. Enrolled House Bill 2958 (2015 Legislative Session) allows a rental company to identify a "designated agent" to sell rental insurance under the limited license of the rental company, beginning January 1, 2016. The amendments to those rules add references to a designated agent in the rental vehicle limited license rules to reflect the changes made during the 2015 Legislative Session. The amended rules require that the rental company must provide the same training and oversight to a designated agent as the rental company provides for employees." In addition, a new rule defines "designated agent."

Adopted: January 20, 2016

Effective: January 20, 2016

Documents:

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Amend: OAR 836-052-0142

The rules amend the division's Medicare Supplement insurance guarantee issue rule to specify that the standardized Medicare Supplement products to which eligible persons are entitled include Plans D, G, M, and N and to exclude any 1990 standardized Medicare Supplement products no longer sold after June 1, 2010. These plans were inadvertently omitted in a prior amendment of the rule.

Adopted: December 29, 2015

Effective: January 1, 2016

Documents:

Adopt: OAR 836-051-0150, 836-051-0153, 836-051-0156

The new rules are necessary to address the calculation of surrender charges on payment made for withdrawal of funds from individual deferred annuity insurance contracts. The rules direct that withdrawals demonstrate minimum value compliance. If an insurer subjects funds withdrawn to surrender charges the funds withdrawn must be treated on a first in first out basis to ensure fairness to the contract holder, unless an alternative more beneficial method is available.

Adopted: December 29, 2015

Effective: January 1, 2016

Documents:

Adopt: OAR 836-054-0020

Amend: OAR 836-054-0000

Repeal: OAR OAR 836-054-0000(T)

These rules make two changes related to automobile insurance necessary as a result of passage of Senate Bill 411 (2015 Legislative Session) (SB 411). First, the amendment to OAR 836-054-000(2) changes a reference to a specific exhibit that does not correctly explain the law as it will apply to automobile policies that will be issued or renewed after January 1, 2016. The changes to the rule remove the reference to a specific exhibit and direct the reader to the website for a sample form that has been approved by the Insurance Division of the Department of Consumer and Business Services. The changes to the rule will allow the Insurance Division to respond more quickly to changes that may be necessary to the form by eliminating the need to conduct rulemaking to change the form.

Second, SB 411 changed the language related to the notice of denial of charges that an insurer must provide to medical providers when the insurer denies charges. Prior to SB 411, the statute required the insurers to give notice of denial not more than 60 days after the insurer receives from the provider notice of a claim for services for Personal Injury Protection (PIP) benefits. SB 411 changed this to a requirement that the provider must receive the notice of denial within 60 days after the insurer received the claim for services. The new rule clarifies how to prove "receipt" of the denial by using language similar to language used in the Oregon Rules of Civil Procedure that establishes a presumption of receipt through service by mail with three days added to the prescribed period.

Adopted: December 29, 2015

Effective: January 1, 2016

Documents:

Adopt: OAR 836-053-0600, 836-053-0605, 836-053-0610 and 836-053-0615

Repeal: OAR 836-053-0600T, 836-053-0605T, 836-053-0610T and 836-053-0615T

These rules implement the provisions of House Bill 2758 (2015 Legislative Session). The rules set forth the requirements imposed on carriers and third party administrators related to the use of the uniform "Oregon Confidential Communication Request Form" developed as specified in the legislation. The rules also set forth carrier reporting requirements related to confidential communication requests and the use of the new form.

Adopted: December 29, 2015

Effective: January 1, 2016

Documents:

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Adopt: OAR 836-010-0155, 836-053-0004, 836-053-0012, 836-053-0013

Amend: OAR 836-053-0002, 836-053-0008, 836-053-0009, 836-053-1020, 836-053-1404, 836-053-1405

These temporary new and amended rules establish the Oregon benchmark health benefit plan and standard plans for plan years beginning on and after January 1, 2017. Because the plan selected is a 2014 plan, the plan alone does not reflect current state and federal minimum requirements. Therefore, the proposed rules also include provisions to supplement the selected plan so that the plan complies with state and federal law. The proposed rules clarify existing state and federal requirements adopted since 2014 and make conforming amendments to rules related to coverage of mental or nervous conditions.

Adopted: December 17, 2015

Effective: December 17, 2015 through May 1, 2016

Documents:

Adopt: OAR 836-053-1500(T), 836-053-1505(T) and 836-053-1510(T)

These rules implement the provisions of Senate Bill 231 (2015 Legislative Session). The rules set forth the annual premium income threshold for the definition of “prominent carrier” as specified in the legislation. The rules also set forth prominent carrier reporting requirements related to primary care expenditures.

Temporary rules are necessary to provide direction to prominent carriers who are required to submit data to DCBS no later than December 31, 2015.

Adopted: October 20, 2015

Effective: October 20, 2015 through April 8, 2016

Documents:

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Adopt: OAR 836-053-0015(T)

Amend: OAR 836-053-0021

Suspend: OAR 836-010-0014(T)

This rulemaking adopts a definition of “small employer” to be used to determine whether a group belongs in the large or small employer group health insurance market for purposes of issuing health benefit plans to small employers. The definition reflects changes by Congress to the federal definition of small employer to which the Oregon statutes are tied. The definition revises the group size for a small employer from 1 to 100 employees to 1 to 50 employees on January 1, 2016. The rule also adopts as an exhibit a counting methodology to be used by insurers and producers in determining the group size. The rulemaking also suspends a temporary rule providing guidance for expanded transitional plans which will no longer be necessary because the group size will not be changing for at least two years and amends an existing rule to remove provisions that conflict with the new counting methodology adopted in the new rule.

Adopted: October 16, 2015

Effective: October 16, 2015 through April 11, 2016

Documents:

Exhibit A to OAR 836-053-0015

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Adopt: OAR 836-010-0014

This rule provides guidance to insurers to follow related to expanded transitional health benefit plans. Expanded transitional health benefit plans are plans that are issued to or renewed by an employer with 51 to 100 employees before January 1, 2016. The rule incorporates Exhibit 1 which contains guidance provided to insurers on the process and procedures related to these plans and for rate filings for these plans.

This is being refiled due to a filing error. Legislative Counsel did not receive required documentation within 10 days of filing.

Adopted: October 12, 2015

Effective: October 12, 2015 through March 18, 2016

Documents:

Exhibit 1 to OAR 836-010-0014(T)

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Amend: 836-027-0010, 836-027-0012, 836-027-0100, 836-027-0160

These rules make changes to forms included as exhibits to the rules. The changes are necessary to reflect statutory changes made in 2013 related to enterprise risk reporting. The forms must be updated immediately to allow insurers to submit requisite documents on the correct forms. Failure to update the forms immediately will result in harm to consumers and insurers because filings will be in error resulting in delay of company transactions.

Adopted: September 2, 2015

Effective: September 2, 2015 through February 26, 2016

Documents:

Exhibits

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​Key links

Oregon Revised Statutes 

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