OAR 836-053-0065
Rating for Grandfathered Small Group Plans

The following provisions relating to rating apply to grandfathered health benefit plans offered to small employers:

(1)

A small employer carrier shall file a single geographic average rate for each grandfathered health benefit plan that is offered to small employers within a geographic area and for each category of family composition. The geographic average rate must be determined on a pooled basis and the pool shall include all of the carrier’s grandfathered business in the small employer market.

(2)

There shall be one rating class for each small employer carrier. All grandfathered small employer health benefit plans of the carrier shall be rated in that class. A rating of a grandfathered health benefit plan is subject to adjustments reflecting the level of benefits provided and differences in family composition and age.

(3)

The variation in geographic average rates among different grandfathered small employer health benefit plans offered by a carrier must be based solely on objective differences in plan design or coverage. The variation shall not include differences based on the risk characteristics or claims experience of the actual or expected enrollees in a particular plan, except that a carrier may make further adjustment at renewal to reflect the expected claims experience of the covered small employer; however, this adjustment may not exceed five percent of the annual premium otherwise payable by the small employer, is not cumulative year to year, and may be based only on the carrier’s claims experience with the small employer. A variation based on the level of contribution by the small employer or on the level of participation by eligible employees, or on both, must be actuarially sound.

(4)

A small employer carrier shall file its geographic average rates for grandfathered small employer health benefit plans in accordance with the rate filing requirements of OAR 836-053-0910 (Rate Filing).

(5)

A small employer carrier shall assess administrative expenses in a uniform manner to all grandfathered small employer health benefit plans. Administrative expenses shall be expressed as a percentage of premium and the percentage may not vary with the size of the small employer.

(6)

Grandfathered small employer plans shall be rated within the following geographic areas comprising counties as follows:

(a)

Area 1 shall include: Clackamas, Multnomah, Washington and Yamhill.

(b)

Area 2 shall include: Benton, Lane and Linn.

(c)

Area 3 shall include: Marion and Polk.

(d)

Area 4 shall include: Deschutes, Klamath and Lake.

(e)

Area 5 shall include: Clatsop, Columbia, Coos, Curry, Lincoln and Tillamook.

(f)

Area 6 shall include: Baker, Crook, Gilliam, Grant, Harney, Hood River, Jefferson, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa, Wasco and Wheeler.

(g)

Area 7 shall include: Douglas, Jackson and Josephine.

(7)

For grandfathered small employer plans, a small employer carrier may use five digit zip code groupings to define the carrier’s geographic areas. The zip code groupings may vary from the county areas defined in section (6) of this rule by no more than ten percent of the population of a county. The small employer carrier must use either the zip code system or the county system and shall not modify the geographic areas in any other manner.

(8)

For grandfathered small employer plans, a small employer carrier may use the same geographic average rate for multiple rating areas.

(9)

For grandfathered small employer plans, a small employer carrier may deviate from the variation described in section (1) of this rule for coverage that extends to a geographic area outside the state of Oregon. The carrier must do so in a reasonable fashion and maintain records regarding the basis for the rate charged in the small employer’s file.

(10)

The premium rates charged during a rating period for a grandfathered health benefit plan issued to a small employer may not vary from the geographic average rate by more than 50 percent

(11)

The variations in premium rates described in section (10) of this rule may be based on one or more of the following factors as determined by the carrier:

(a)

The ages of enrolled employees and their dependents;

(b)

The level at which the small employer contributes to the premiums payable for enrolled employees and their dependents;

(c)

The level at which eligible employees participate in the health benefit plan;

(d)

The level at which enrolled employees and their dependents engage in tobacco use;

(e)

The level at which enrolled employees and their dependents engage in health promotion, disease prevention or wellness programs;

(f)

The period of time during which a small employer retains uninterrupted coverage in force with the same small employer carrier; and

(g)

Adjustments to reflect the level of benefits provided and differences in family composition.

(12)

The premium rate determined in accordance with this rule may be further adjusted to reflect expected claims experience of a small employer but may not exceed five percent of the annual premium rate. The adjustment is not cumulative year to year.

Source: Rule 836-053-0065 — Rating for Grandfathered Small Group Plans, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=836-053-0065.

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 836-053-0065’s source at or​.us