OAR 836-053-0014
Standards and Process for Shortened Period of Market Prohibition

(1) In order to be eligible for consideration by the director for a shortened period of prohibition under ORS 743B.012 (Requirement to offer all health benefit plans to small employers), 743B.104 (Coverage in group health benefit plans) or 743B.126 (Carrier marketing of individual health benefit plans) , a carrier must have met at least one of the following conditions upon exiting:
(a) The director determines that the continued operation of the insurer transacting insurance in this state is hazardous to the policyholders, its creditors or the general public ORS 731.385 (Standards for determining whether continued operation of insurer is hazardous) and OAR 836-013-0100 (Authority) through OAR 836-013-0120 (Director’s Authority); or
(b) The domestic health care service contractor does not exceed Company Action Level risk-based capital requirements under OAR 836-011-0515 (Company Action Level Event)(1)(a)(B).
(2) A carrier seeking consideration for a shortened period of prohibition under ORS 743B.012 (Requirement to offer all health benefit plans to small employers), 743B.104 (Coverage in group health benefit plans) or 743B.126 (Carrier marketing of individual health benefit plans), must submit a formal, written request no later than August 1, two years prior to the plan year the carrier intends to offer its products in a market.
(3) The request for reentry must be in writing and include:
(a) The chief executive officer or president’s signature; and
(b) Reason(s) for the request, including reasons why the carrier elected to discontinue offering plans in such market;
(c) The intent of the carrier in resuming to offer health benefit plans in this state; and
(d) Perceived harm to the market if the carrier is not permitted to enter in a shortened timeframe.
(4) The department must provide notice to the public by August 15th of the year that the request was made, indicating that a carrier intends to reenter the market under a shortened period of prohibition and post to its website the letter submitted by the carrier.
(5) If the department does not receive the required materials identified in section (6) by the due date it will consider the carrier’s intentions to reenter the market to be withdrawn.
(6) After submission of a formal request for reentry, a carrier must provide required materials to be submitted for consideration for a shortened period of prohibition by no later than November 1, two years prior to the plan year the carrier intends to offer its products in the market. The required materials shall be confidential pursuant to ORS 192.501(2) and ORS 731.752 (Confidentiality of report used for determination of required amount of capital or surplus) and must include the following:
(a) An actuarial certification memorandum that includes:
(A) Requested service areas for reentry;
(B) Previous service areas;
(C) Plans to be offered;
(D) Previously offered plans;
(E) Projected membership count;
(F) Expected distribution of membership count across intended plan offerings and service areas;
(G) Scenario testing for:
(i) Expected membership;
(ii) Lower than expected membership;
(iii) Higher than expected membership;
(iv) Catastrophically higher than expected membership; and
(b) Five year projection of all revenues and expenses for each market the carrier intends to reenter.
(7) Within seven business days after receiving a formal request and supporting documentation for reentry, the director must determine whether the application is complete.
(a) If the director determines that the request is not complete, the director must notify the insurer in writing that the request is deficient and allow the insurer up to five business days from date of notification to provide the missing information or materials.
(b) If the director determines the request is complete, the director will open a 30-day public comment period.
(8) By January 15, one year prior to the plan year the carrier intends to offer its products in the market, the director must issue a decision approving or disapproving a shortened period of prohibition under ORS 743B.012 (Requirement to offer all health benefit plans to small employers), 743B.104 (Coverage in group health benefit plans) or 743B.126 (Carrier marketing of individual health benefit plans). A decision of approval to reenter the market under a shortened timeframe is contingent upon approval of rates in accordance with ORS 743.018 (Filing of rates for life and health insurance) and section (9) of this rule and that are consistent with the information in the applications materials submitted under sections (3) and (6) of this rule.
(9) After a carrier is approved for reentry into the market it exited, the carrier shall; subject to applicable law:
(a) Submit rates in accordance with OAR 836-053-0473 (Required Materials for Rate Filing for Individual or Small Employer Health Benefit Plans) through OAR 836-053-0475 (Approval, Disapproval or Modification of Premium Rates for Individual or Small Employer Health Benefit Plan); and
(b) Participate in areas of the state that that were identified in section (6)(a)(A) and which the director has identified in section (8).

Source: Rule 836-053-0014 — Standards and Process for Shortened Period of Market Prohibition, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=836-053-0014.

836‑053‑0000
Applicability of January 1, 2014 Amendments to OAR Chapter 836, Division 53 836‑053‑0001
Modification of Health Benefit Plan Not Subject to Level of Coverage Requirements 836‑053‑0002
Modification of a Health Benefit Plan Subject to Levels of Coverage Requirements 836‑053‑0003
Prohibition of Exclusion Period for Pregnancy 836‑053‑0004
Compliance with Federal and State Law 836‑053‑0005
Prescription Drug Identification Cards 836‑053‑0007
Approval and Certification of Associations, Trusts, Discretionary Groups and Multiple Employer Welfare Arrangements 836‑053‑0008
Essential Health Benefits for Plan Years 2014, 2015 and 2016 836‑053‑0009
Oregon Standard Bronze and Silver Health Benefit Plans for Plan Years 2014, 2015 and 2016 836‑053‑0011
Standard Bronze Plan Health Savings Account Eligible Requirement 836‑053‑0012
Essential Health Benefits for Plan Years Beginning on and after January 1, 2017 836‑053‑0013
Oregon Standard Bronze and Silver Health Benefit Plans 836‑053‑0014
Standards and Process for Shortened Period of Market Prohibition 836‑053‑0015
Definition of Small Employer 836‑053‑0017
Additions to Essential Health Benefits for Plan Years Beginning on and after January 1, 2022 836‑053‑0019
Purpose 836‑053‑0021
Plans Offered to Oregon Small Employers 836‑053‑0030
Marketing of a Health Benefit Plan to Small Employers 836‑053‑0050
Trade Practices Relating to Small Employer Health Benefit Plans 836‑053‑0063
Rating for Nongrandfathered Small Group Plans 836‑053‑0065
Rating for Grandfathered Small Group Plans 836‑053‑0066
Rating for Transitional Health Benefit Plans Offered to Small Employers 836‑053‑0070
Multiple Employer Welfare Arrangements 836‑053‑0100
Work Related Injuries or Disease 836‑053‑0105
Coordination of Payment for Interim Medical Services 836‑053‑0211
Underwriting, Enrollment and Benefit Design Requirements Applicable to A Group Health Benefit Plan Including A Small Group Health Benefit Plan 836‑053‑0221
Participation, Contribution, and Eligibility Requirements for Group Health Benefit Plans Including Small Group Health Benefit Plans 836‑053‑0230
Underwriting 836‑053‑0300
Purpose 836‑053‑0310
Network Adequacy Definitions for OAR 836-053-0300 to 836-053-0350 836‑053‑0320
Annual Report Requirements for Network Adequacy 836‑053‑0330
Nationally Recognized Standards for Use in Demonstrating Compliance with Network Adequacy Requirements 836‑053‑0340
Factor-Based Evidence of Compliance with Network Adequacy Requirements 836‑053‑0350
Provider Directory Requirements for Network Adequacy 836‑053‑0410
Purpose 836‑053‑0415
Cancellation of an Individual Health Benefit Plan Coverage 836‑053‑0418
Definition of Insurer for Reimbursement of Expenses Related to Disease Outbreak or Epidemic 836‑053‑0431
Underwriting, Enrollment and Benefit Design 836‑053‑0435
Health Benefit Plan Coverage of Well-woman Preventive Care Services 836‑053‑0465
Rating for Individual Health Benefit Plans 836‑053‑0472
Statutory Authority and Implementation 836‑053‑0473
Required Materials for Rate Filing for Individual or Small Employer Health Benefit Plans 836‑053‑0474
Process For Rate Filing for Individual and Small Employer Health Benefit Plans 836‑053‑0475
Approval, Disapproval or Modification of Premium Rates for Individual or Small Employer Health Benefit Plan 836‑053‑0510
Evaluating the Health Status of an Applicant for Individual Health Benefit Plan Coverage 836‑053‑0600
Purpose 836‑053‑0605
Definitions for OAR 836-053-0600 to 836-053-0615 836‑053‑0610
Carrier Response to Request for Confidentiality 836‑053‑0615
Carrier Reporting Requirements 836‑053‑0825
Rescission of a Group Health Benefit Plan 836‑053‑0830
Rescission of an Individual Health Benefit Plan or Individual Health Insurance Policy 836‑053‑0835
Rescission of an Individual’s Coverage under a Group Health Benefit Plan or Group Health Insurance Policy 836‑053‑0851
Purpose 836‑053‑0857
Definitions 836‑053‑0863
Notifications 836‑053‑0900
Purpose 836‑053‑0910
Rate Filing 836‑053‑1000
Statutory Authority and Implementation 836‑053‑1010
Insurer Policies 836‑053‑1020
Drug Formularies 836‑053‑1030
Written Information to Enrollees 836‑053‑1033
Cultural and Linguistic Appropriateness 836‑053‑1035
Summary of Benefits and Explanation of Coverage 836‑053‑1060
Definitions 836‑053‑1070
Reporting of Grievances 836‑053‑1080
Tracking Grievances 836‑053‑1090
Assistance in Filing Grievances 836‑053‑1100
Internal Appeals Process 836‑053‑1110
Notice of Complaint Filing with Director 836‑053‑1130
Annual Summary, Utilization Review 836‑053‑1140
Appeal and Utilization Review Determinations 836‑053‑1170
Annual Summary, Quality Assessment Activities 836‑053‑1180
Format and Instructions for Report Required by ORS 743.818 836‑053‑1190
Annual Summary, Uniform Indicators of Network Adequacy 836‑053‑1200
Prior Authorization Requirements for Health Benefit Plans 836‑053‑1203
Prior Authorization Trade Practices for Health Insurance other than Health Benefit plans 836‑053‑1205
Uniform Prescription Drug Prior Authorization Request Form 836‑053‑1300
Purpose and Scope 836‑053‑1305
Definitions 836‑053‑1310
Contracting Requirements 836‑053‑1315
Performance Criteria 836‑053‑1317
Professional Qualifications 836‑053‑1320
Conflict of Interest 836‑053‑1325
Procedures for Conducting External Reviews 836‑053‑1330
Criteria and Considerations for External Review Determinations 836‑053‑1335
Procedures for Complaint Investigation 836‑053‑1337
Preliminary Review by Insurer 836‑053‑1340
Timelines and Notice for Dispute That is Not Expedited 836‑053‑1342
Timelines and Notice for Expedited Decision-Making 836‑053‑1345
Quality Assurance Mechanisms 836‑053‑1350
Ongoing Requirements for Independent Review Organizations 836‑053‑1355
Synopses 836‑053‑1360
External Review Reporting 836‑053‑1365
Fees for External Reviews 836‑053‑1400
Format and Instructions for Report Required by ORS 743.748 836‑053‑1403
Definitions of Coordinated Care and Case Management for Behavioral Health Care Services 836‑053‑1404
Definitions 836‑053‑1405
General Requirements for Coverage of Mental or Nervous Conditions and Chemical Dependency 836‑053‑1407
Prohibited Exclusions 836‑053‑1408
Required Disclosures 836‑053‑1409
Definitions 836‑053‑1410
Procedures 836‑053‑1415
Instructions 836‑053‑1500
Purpose 836‑053‑1505
Definitions for OAR 836-053-1500 to 836-053-1510 836‑053‑1510
Prominent Carrier Reporting Requirements 836‑053‑1520
Purpose 836‑053‑1525
Definitions 836‑053‑1530
Reporting Requirements 836‑053‑1600
Purpose 836‑053‑1605
Definitions for 836-053-1600 to 836-053-1615 836‑053‑1610
Non-anesthesia-related claims 836‑053‑1615
Anesthesia-related claims
Last Updated

Jun. 8, 2021

Rule 836-053-0014’s source at or​.us