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Proposed PERS Administrative Rules
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Proposed Administrative Rules

Disability Definitions
PERS relies on physician statements and medical records in determining a member’s eligibility for disability benefits. Currently, the definition of “physician” includes specialists who hold a doctorate rather than a degree in medicine. The modifications to the rules clarify that the definition of “physician” means a doctor with a degree in medicine and who is properly licensed to practice medicine, and who may also have other qualifications that fit within the various specialist categories, to clarify that a degree in medicine is a threshold qualification to be considered as a “physician.” We have also added a definition for “orthopedic specialist physician,” which is a term used in other administrative rules but was previously undefined.

Draft Rules:    459-015-0001


Fee Schedule for Medical Records Requests
PERS regularly requests copies of medical records for disability eligibility determinations, ongoing reviews, appeals, and contested case hearings. The rate at which PERS reimburses medical providers for medical records has varied over time, and has not always been consistently applied. This rule will establish a published reimbursement schedule for requested medical records, providing consistency in the reimbursement we will pay providers of these records.

Draft Rule:    459-005-0605


Rulemaking Notice Procedure
OAR 459-001-0000 sets forth the procedure for noticing the adoption, amendment, and repeal of administrative rules. The current rule, however, stipulates that notices of rulemaking will be sent via postal mail and lists a limited group of interested parties and employers as recipients of the rulemaking notices. The proposed rule modifications update the mailing requirement to conform to agency practice of emailing notices unless the recipient requests a postal mailing. The incomplete list of employers and interested parties has been removed, and section (2) has been updated to indicate that notices of rulemaking will be provided to all persons and organizations who request to receive the notices.

Draft Rule:    459-001-0000


Rulemaking Schedule
 Updated November 20, 2015
OAR Title Notice to Board Public Hearing Public comment ends Expected adoption date

Notice of Proposed Rule

11/20/15 12/15/15 12/29/15 1/29/16


12/15/15 12/29/15 1/29/16
Reimbursements for
Medical Records
11/20/15 12/15/15 12/29/15 1/29/16


1/29/16 2/23/16 3/1/16 3/28/16

Reemployed Retirees

1/29/16 2/23/16 3/1/16