836-052-0114 Applicability and Scope (1) Except as otherwise specifically provided in OAR 836-052-0134, 836-052-0140, 836-052-0144, 836-052-0145, 836-052-0160 and 836-052-0185, 836-052-0103 to 836-052-0194 apply to the following Medicare supplement policies and certificates issued under group Medicare supplement policies, as follows: (a) All Medicare supplement policies delivered or issued for delivery in this state on or after July 1, 1992; and (b) All certificates issued under group Medicare supplement policies and delivered or issued for delivery in this state on or after July 1, 1992. (2) Except as otherwise specifically provided in OAR 836-052-0134, 836-052-0140, 836-052-0144, 836-052-0160, and 836-052-0185, on or after September 1, 1993, 836-052-0103 to 836-052-0194 apply to Medicare supplement policies and certificates issued under group Medicare supplement policies that are made subject to 836-052-0103 to 836-052-0194 because of amendments to the definition of "Medicare supplement policy" in ORS 743.680 and OAR 836-052-0119. (3) A prepayment plan offered by a health maintenance organization under which the health maintenance organization and competitive medical plans provides Medicare services under the authority of Title XVIII Part C of the Social Security Act or Section 1876 of the federal Social Security Act (42 U.S.C. section 1395 et seq.) is not subject to OAR 836-052-0103 through 836-052-0194. The health maintenance organization and competitive medical plans must file with the Director, for information purposes, a copy of the Medicare contract forms and rates that the plan or health maintenance organization uses in this state, and the marketing and sales materials used therewith. (4) OAR 836-052-0103 to 836-052-0194 do not apply to an issued policy under a demonstration project specified in 42 U.S.C. sec. 1395ss (g)(1). (5) OAR 836-052-0103 to 836-052-0194 do not apply to a policy or contract of one or more employers or labor organizations; or of the trustees of a fund established by one or more employers or labor organizations, or combination thereof; for employees or former employees, or a combination thereof; or for members or former members, or a combination thereof, of the labor organizations. (6) OAR 836-052-0103 to 836-052-0194 are effective on August 1, 2005. Insurers may continue using current forms, or may make changes to current forms if offering Plan K or L, as appropriate, through 2005. Insurers may offer any authorized plan upon approval by the Director of the Department of Consumer and Business Services. (7) The changes to OAR 836-052-0145 and 836-052-0151 effective on February 17, 2011 apply to all new Medicare supplement policies or certificates issued on or after July 1, 2011. The changes to 836-052-0145 and 836-052-0151 effective on February 17, 2011 apply to all existing 1990 Standardized Medicare supplement benefit plans and all 2010 Standardized Medicare supplement benefit plans policies or certificates renewed on or after January 1, 2012. The changes to the Exhibits to 836-052-0160 effective on February 17, 2011 apply to all Medicare supplement policies or certificates issued on or after July 1, 2011. (8) The changes to the Exhibits to OAR 836-052-0160 apply to all Medicare supplement policies or certificates effective on or after January 1, 2020. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 731.244 & 743.682 Statutes/Other Implemented: ORS 743.010 & 743.683 History: ID 32-2018, amend filed 08/30/2018, effective 09/01/2018 ID 31-2018, amend filed 08/29/2018, effective 09/01/2018 ID 30-2018, amend filed 08/28/2018, effective 09/01/2018 ID 15-2011, f. & cert. ef. 10-31-11 ID 7-2011, f. & cert. ef. 2-23-11 ID 10-2005, f. & cert. ef. 7-26-05 ID 9-1997, f. & cert. ef. 7-10-97 ID 5-1996, f. & cert. ef. 4-26-96 ID 9-1993, f. 9-28-93, cert. ef. 10-1-93 ID 5-1993(Temp), f. 8-11-93, cert. ef. 9-1-93 ID 7-1992, f. & cert. ef. 5-8-92 ID 11-1990, f. 5-11-90, cert. ef. 9-1-90 ID 5-1989, f. 6-30-89, cert. ef. 7-3-89 ID 1-1989(Temp), f. & cert. ef. 1-3-89