OAR 836-053-0340
Factor-Based Evidence of Compliance with Network Adequacy Requirements

(1)

An insurer electing to demonstrate compliance with network adequacy requirements required under ORS 743.505B via the factor-based approach shall submit evidence of compliance to the Director by March 31 each year.

(2)

The evidence must include a narrative description of how the insurer complies with the factor along with the source and methodology, where applicable, for at least one of the factors listed for each of these categories:

(a)

Access to Care Consistent with the Needs of the Enrollees Served by the Network category:

(A)

Access to Care Factor #1– The insurer’s network ensures all covered services under the health benefit plan are accessible to enrollees without unreasonable delay.
(i)
Submit median enrollee wait times for preventive care appointments for the prior calendar year.
(ii)
Submit median length of time enrollees waited for access to mental health and substance abuse providers for the prior calendar year.
(iii)
Submit median length of time enrollees waited to receive care for mental health conditions following intake evaluation.
(iv)
Evidence that the network provides 24-hour access to clinical advice.
(v)
Urgent care services outside of regular business hours are available in all covered regions or service areas.
(vi)
Submit median enrollee wait times for routine care appointments for the prior calendar year.
(vii)
Submit median enrollee wait times for specialist appointments for the prior calendar year.

(B)

Access to Care Factor #2 – The network meets special needs of specific populations.
(i)
The network has the capacity to accept new patients.
(ii)
The network includes a full range of pediatric providers including pediatric subspecialists and providers that offer care to children with special needs.
(iii)
Services are made available to enrollees residing in medically underserved areas of the state, if the insurer offers coverage in those areas.
(iv)
All plans served by a network are included when determining whether the network is sufficient.
(v)
The network provides access to culturally and linguistically appropriate services.

(C)

Access to Care Factor #3 – The insurer actively manages the network including oversight of access to care.
(i)
Providers who are not accepting new patients are not included when determining whether an adequate number of providers (including specialists) are in the network.
(ii)
All plans served by a network are included when determining whether the network is sufficient.
(iii)
The network adequacy monitoring process includes specific intervals between formal reviews, reporting of review results to senior management or board of directors, and formal reviews are used to monitor and improve accessibility for enrollees.

(b)

Consumer Satisfaction category:

(A)

Consumer Satisfaction Factor #1 – Insurer maintains accreditation status and can demonstrate consumers are satisfied with the plan.
(i)
Submit insurer accreditation status from either the National Committee for Quality Assurance (NCQA), URAC, or the Accreditation Association for Ambulatory Health Care (AAAHC) including information regarding customer satisfaction rating from accreditation entity; or
(ii)
Either of the following:
(I)Global rating of health plan (Enrollee Satisfaction Survey Consumer Assessment of Healthcare Providers and Systems) and

(II)

Global rating of health care (Enrollee Satisfaction Survey Consumer Assessment of Healthcare Providers and Systems).

(B)

Consumer Satisfaction Factor #2 – Consumers are able to access care when needed without unreasonable delay.
(i)
Number of enrollee communications the insurer received during the previous calendar year regarding difficulty in obtaining an appointment with a provider, including but not limited to the inability to find a provider with an open practice or an unreasonable length of time to wait for an appointment.
(ii)
Number of consumer complaints the insurer received during the previous calendar year regarding care received out of network due to consumer’s inability to receive care in network. Communications under this section include but are not limited to complaints, appeals and grievances from enrollees.
(iii)
Median wait times for members to be seen at time of appointment.

(c)

Transparency:

(A)

Transparency Factor #1 – Insurer maintains an accurate provider directory which is available to the general public.
(i)
Provider locations are transparent to the public.
(ii)
Provide link to website where provider directory is located and explain how frequently the directory is updated and where this information is disclosed on the provider directory.
(iii)
Explain how the insurer keeps information on which providers in the network have open practices and how often this information is updated.
(iv)
Provide position and department of individual responsible for establishing and monitoring the network.

(B)

Transparency Factor #2 – Consumers, enrollees and providers have access to accurate provider information.
(i)
Providers have access to information about other providers in the network.
(ii)
Consumers and enrollees are informed on how to locate in-network providers when scheduling medical services.
(iii)
Explain how frequently enrollees are specifically notified of changes to the provider network and the method the insurer uses to communicate this information.
(iv)
Provider directory discloses which providers are fluent in languages other than English and if so, what languages are available.
(v)
Consumers and enrollees are informed of providers in the network with open practices.

(d)

Quality of Care and Cost Containment:

(A)

Quality of Care and Cost Containment Factor #1 – The insurer engages in provider quality improvement activities.
(i)
Submit provider quality data the insurer uses.
(ii)
Describe the specific quality designations required of specialists in the network.
(iii)
Explain provider accreditation status requirements used by the insurer.
(iv)
Provide the percentage of accredited patient-centered primary care homes in the network.
(v)
Provide a list of all provider types included in the network and identify those who provide telemedicine services.

(B)

Quality of Care and Cost Containment Factor #2 – The insurer is implementing quality improvement activities in addition to provider quality improvement.
(i)
The insurer reports quality improvement strategies to the public.
(ii)
The provider payment structure supports improved health outcomes, reduction of hospital readmissions, improved patient safety and reduction of medical errors, and reduction of health care disparities.
(iii)
The insurer offers health promotion and wellness programs to enrollees.
(iv)
Appointments with high volume specialists are available within the network without unreasonable delay.

(C)

Quality of Care and Cost Containment Factor #3 – The insurer employs network design strategies to reduce cost and improve quality.
(i)
The network design supports improved enrollee health and lower cost.
(ii)
The insurer analyzes relevant information to promote good health outcomes.
(iii)
The network can be considered a high-value network.
(iv)
Electronic health records are used within the network.

Source: Rule 836-053-0340 — Factor-Based Evidence of Compliance with Network Adequacy Requirements, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=836-053-0340.

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 836-053-0340’s source at or​.us