# OREGON BULLETIN

Supplements the 2015Oregon Administrative Rules Compilation



# Volume 54, No. 1 January 1, 2015

For November 16, 2014–December 15, 2014

Published by KATE BROWN Secretary of State Copyright 2015 Oregon Secretary of StateSummary: Bovine Trichomoniasis is a sexually transmitted parasiticinfection caused by the microscopic protozoan Tritrichomonas foetus. The disease is spread primarily by infected bulls that do not exhibit symptoms. Infection causes reproductive failure resulting insignificant monetary losses to the beef industry. Oregon’s bovine trichomoniasis import and disease control rules are included in OAR 603-011-0610 through 0630. There have been advances in laboratorytesting technology and a significant increase in knowledge of the disease. Additionally, there is a national effort to harmonize interstatetesting requirements on bulls. For these reasons we propose updating definitions, clarifying testing procedures and amending importation requirements.

The quantitative polymerase chain reaction (qPCR) test is the preferred laboratory diagnostic test nationally. It is a particular category of test with multiple companies manufacturing kits, machines and reagents. Removal of specific references to trade names in the rules is proposed. We would like to clarify that trichomoniasis testing be performed by a certified veterinarian. The current wording refers toa certified person. We also propose that the qPCR test be the defining test for importation purposes and that the virgin status age of bulls be amended from 12 months to 18 months of age. These changes will harmonize Oregon’s rules with the majority of states.

The Agency received input and approval of the proposed rule changes from the Oregon Cattlemen’s Association’s Trichomoniasis Advisory Committee. Rules Coordinator: Sue Gooch Address: Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301 Telephone: (503) 986-4583

Department of Consumer and Business Services, Insurance Division Chapter 836

Rule Caption: Amend long term care rules to protect consumers and adopt recent model regulation changes. Date: Time: Location: 1-21-15 1:30 p.m. 350 Winter St. NE Salem, OR 97301 Hearing Officer: Jeannette Holman Stat. Auth.: ORS 731.244 Stats. Implemented: ORS 742.005 Proposed Adoptions: 836-010-0680 Proposed Amendments: 836-052-0531, 836-052-0566, 836-052- 0636, 836-052-0676, 836-052-0740, 836-052-0746 Last Date for Comment: 1-26-15, Close of Business Summary: The rulemaking adds a new rule and modifies existing rules to incorporate desired pieces of the August, 2014 NAIC Long Term Care Insurance Model Regulation. In addition, new policy options are established for Long Term Care Partnership Policies while still complying with federal requirements. Rules Coordinator: Victor Garcia Address:Department of Consumer and Business Services, Insurance Division, 350 Winter St. NE, Salem, OR 97301 Telephone: (503) 947-7260

Rule Caption: Limitation on the use of discretionary clauses in insurance contracts. Date: Time: Location: 1-22-15 1:30 p.m. 350 Winter St. NE Salem, OR 97301 Hearing Officer: Jeannette Holman Stat. Auth.: ORS 731.244 Stats. Implemented: ORS 742.005 Proposed Adoptions: Rules in 836-010 Last Date for Comment: 1-27-15, Close of Business Summary: This proposed rule prohibits the use of discretionary clause language in insurance contracts for all lines of insurance. Limited use of discretionary clause language is allowed in contracts governed by the Employee Retirement Income Security Act, 29 U.S.C. 1001 et seq. A new rule(s) is proposed for OAR 836-010, with the exact number(s) to be determined before the rile is filed. Rules Coordinator: Victor Garcia Address:Department of Consumer and Business Services, Insurance Division, 350 Winter St. NE, Salem, OR 97301 Telephone: (503) 947-7260

Rule Caption: Adoption of Uniform Prescription Drug Prior Authorization Request Form Date: Time: Location: 1-20-15 2 p.m. Labor & Industries Bldg., Rm. E 350 Winter St. NE Salem, OR Hearing Officer: Jeannette Holman Stat. Auth.: ORS 731.244 & 743.065 Stats. Implemented: ORS 743.065 Proposed Adoptions: 836-053-1205 Last Date for Comment: 1-27-15, Close of Business Summary:This new proposed permanent rule adopts requirements for payers to accept a uniform prescription drug prior authorization form. This requirement was established by the 2013 Legislative Assembly in Senate Bill 382 (SB 382). Acceptance of a uniform form by all payers in Oregon is expected to streamline and simplify requests for prior approval for prescription drugs prescribed by providers. The proposed rule applies to payers as defined in ORS 743.061 which includes health insurers, third party administrators, prepaid managed care health services organizations , any person orpublic body that either individually or jointly establishes a self-insurance plan, program or contract, including but not limited to persons and public bodies that are otherwise exempt from the Insurance Code under ORS 731.036, health care clearinghouses or other entities that process or facilitate the processing of health care financial and administrative transactions from a nonstandard format to a standard format and any other person identified by the department that processes health care financial and administrative transactions between a health care provider and an entity described in this subsection. Rules Coordinator: Victor Garcia Address:Department of Consumer and Business Services, Insurance Division, 350 Winter St. NE, Salem, OR 97301 Telephone: (503) 947-7260

Rule Caption: Adoption of Annual and Supplemental Statement Blanks and Instructions for Reporting Year 2014 Stat. Auth.: ORS 731.244, 731.574 & 733.210 Stats. Implemented: ORS 731.574 & 733.210 Proposed Amendments: 836-011-0000 Last Date for Comment: 1-23-15, Close of Business Summary:This rulemaking prescribes, for reporting year 2014, the required forms for the annual and supplemental financial statements required of insurers and health care service contractors under ORS 731.574, as well as the necessary instructions for completing the forms. Rules Coordinator: Victor Garcia Address:Department of Consumer and Business Services, Insurance Division, 350 Winter St. NE, Salem, OR 97301 Telephone: (503) 947-7260

Department of Environmental Quality Chapter 340

Rule Caption: Grants Pass Carbon Monoxide and Particulate Matter (PM10) Limited Maintenance Plans Date: Time: Location: 1-22-15 6 p.m. Grants Pass City Council Chambers 101 NW ‘A’ St. Grants Pass, OR 97526 

# NOTICES OF PROPOSED RULEMAKING

Oregon Bulletin January 2015: Volume 54, No. 1 9Hearing Officer: DEQ Staff Stat. Auth.: ORS 468.020 & 468A.025 Stats. Implemented: ORS 468A.025 & 468A.035 Proposed Amendments: 340-200-0040 Last Date for Comment: 1-26-15, 5 p.m. Summary: Short summary:

DEQ proposes rules to update Oregon maintenance plans designed to protect air quality in Grants Pass for carbon monoxide (CO) and for particulate matter 10 microns and smaller (PM10) as required by federal law. Because CO and PM10 pollution levels have been very low and the area is unlikely to exceed health standards in the future, the area qualifies and DEQ proposes limited maintenance plans that streamline requirements and eliminate costly computer modeling requirements for transportation conformity analysis.

DEQ proposes the Oregon Environmental Quality Commission approve the proposed rules for incorporation into the Oregon CleanAir Act State Implementation Plan and submittal to the U. S. Environmental Protection Agency for its approval under the federal Clean Air Act.

Brief history: Under the Clean Air Act, EPA sets air quality standards to protect public health for six common air pollutants. EPA established the CO standard at 35 parts per million for a 1-hour average and at 9 partsper million for an 8-hour average. EPA established the PM10 standard at 150 micrograms per cubic meter for a 24-hour average and at 50 micrograms per cubic meter for an annual average. The Clean Air Act requires communities that exceed these health standards to adopt plans to achieve and maintain good air quality.

In addition to the PM10 standard, EPA adopted the PM2.5 standard in 1997, for smaller or fine particulate matter 2.5 microns in size or less, since the smaller inhalable particles have been found to posea greater health risk. Grants Pass has never violated the PM2.5 standard.

In the mid to late 1980s, Grants Pass exceeded the 8-hour CO standard and the 24-hour PM10 standard. The area was designated as a nonattainment area for CO in 1985 and for PM10 in 1990. In response, EQC adopted attainment plans with CO and PM10 controlmeasures to reduce pollution levels within the urban growth boundary to meet the federal standards. This resulted in significantimprovement in air quality and Grants Pass was reclassified to attainment for CO in 2000 and PM10 in 2002. EQC adopted the first maintenance plans for Grants Pass at that time.

EPA requires Oregon to establish second maintenance plans for the Grants Pass area to ensure compliance with the standards through 2025. EPA provides an option for states to adopt simplified plans, called limited maintenance plans, for low-risk areas like Grants Pass. Over the last 25 years, Grants Pass’s CO and PM10 levels have steadily declined and the area is unlikely to exceed these standards again.

Regulated parties:The proposed rules affect the Middle Rogue Metropolitan Planning Organization. The proposed amendment of OAR 340-200-0040 to incorporate the limited maintenance plans into State of Oregon Clean Air Act Implementation Plan does not change the regulated parties. Rules Coordinator: Meyer Goldstein Address:Department of Environmental Quality, 811 SW Sixth Ave., Portland, OR 97204 Telephone: (503) 229-6478

Department of Fish and Wildlife Chapter 635

Rule Caption: Oregon Department of Fish and Wildlife Art Contests Date: Time: Location: 2-13-15 8 a.m. 4034 Fairview Industrial Dr. SE Salem, OR Hearing Officer: ODFW Commission Stat. Auth.: ORS 496.012, 496.138, 496.146, 496.550, 496.555, 496.558, 496.562, 496.566, 496.574, 497.151, 497.153 Stats. Implemented: ORS 496.012, 496.138, 496.146, 496.550, 496.555, 496.558, 496.562, 496.566, 496.574, 497.151, 497.153 Proposed Adoptions: Rules in 635-095 Proposed Amendments: Rules in 635-095 Proposed Repeals: 635-053-0100, 635-053-0105, 635-053-0111, 635-053-0125 Last Date for Comment: 2-13-15, Close of Hearing Summary: Amend rules to consolidate and streamline the three ODFW art contests (Habitat Conservation Stamp, Upland Game Bird Stamp and Waterfowl Stamp.) Rules Coordinator: Therese Kucera Address: Department of Fish and Wildlife, 4034 Fairview Industrial Dr. SE, Salem, OR 97302 Telephone: (503) 947-6033

Department of Human Services, Aging and People with Disabilities and Developmental Disabilities Chapter 411

Rule Caption: ODDS — Children’s Intensive In-Home Services (Behavior Program and Medically Fragile Children’s Services) Date: Time: Location: 1-21-15 2 p.m. Human Services Bldg. 500 Summer St. NE, Rm. 160 Salem, OR 97301 Hearing Officer: Staff Stat. Auth.: ORS 409.050 Other Auth.: SB 22 (2013 Regular Session) Stats. Implemented: ORS 427.005, 427.007, 430.215 Proposed Adoptions: 411-300-0165, 411-300-0175, 411-350- 0075, 411-350-0085 Proposed Amendments: Rules in 411-300, 411-350 Proposed Repeals: 411-300-0140, 411-300-0210, 411-300-0220, 411-350-0118, 411-350-0120, 411-300-0110(T), 411-300-0120(T), 411-300-0130(T), 411-300-0150(T), 411-300-0165(T), 411-300- 0170(T), 411-300-0190(T), 411-300-0200(T), 411-300-0205(T), 411-300-0220(T), 411-350-0020(T), 411-350-0030(T), 411-350- 0040(T), 411-350-0050(T), 411-350-0075(T), 411-350-0080(T), 411-350-0100(T), 411-350-0110(T), 411-350-0115(T) Last Date for Comment: 1-23-15, 5 p.m. Summary: The Department of Human Services, Office of Developmental Disability Services (Department) is proposing to update the children’s intensive in-home services (CIIS) rules in OAR chapter 411, division 300 for the CIIS Behavior Program and OAR chapter 411, division 350 for medically fragile children’s services.

The proposed rules: - Make permanent temporary rule language that became effective on August 20, 2014;

- Incorporate the general definitions in OAR 411-317-0000, update the definitions to reflect correct terminology, and include definitions for terms created by the temporary rulemaking;

- Incorporate expenditure guidelines; - Account for changes in service eligibility related to the types ofMedicaid eligibility a child may have and incorporate service eligibility requirements related to the transfer of assets in accordance with OAR 461-140-0210 to 461-140-0300;

- Clarify when a child may be exited from CIIS and reiterate therequirement for a Notification of Planned Action in the instance services are terminated;

- Include a timeframe for when a functional needs assessment andIndividual Support Plan (ISP) must be completed and clarify service planning;

- Reflect the completion of the transition period for implementation of the Community First Choice state plan amendment and update the available supports to reflect changes to the proposed Behavioral and Hospital Model Waivers; 

# NOTICES OF PROPOSED RULEMAKING

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