836-053-0465 Rating for Individual Health Benefit Plans (1) Individual health benefit plans must be rated in accordance with the geographic areas specified in OAR 836-053-0065. A carrier must file a single geographic average rate for each health benefit plan that is offered to individuals within a geographic area. The geographic average rate must be determined on a pooled basis, and the pool shall include all of the carrier's business in the Oregon individual health benefit plan market, except for grandfathered health benefit plans and student health benefit plans. (2) The variation in geographic average rates among different individual 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. (3) A carrier may use the same geographic average rate for multiple rating areas. (4) For a nongrandfathered health benefit plan: (a) A carrier must implement premium rate increases on a fixed schedule that applies concurrently to all enrollees in a plan. A carrier may adjust an enrollee's premium during the rating period if the enrollee has a change in family composition. (b) Premium rates must total the sum of the product of the applicable factors in subsection (c) of this section for each enrollee and dependent 21 years of age and older and the sum of the product of the applicable factors in section (7) of this rule for each of the three oldest dependent children under the age of 21. (c) As determined by a carrier, variations in rates may be based on one or both of the following factors: (A) The ages of enrollees and their dependents according to Exhibit 1 to this rule. Variations in rates based on age may not exceed a ratio of three to one; or (B) A tobacco use factor of no more than one and one-half times the non-tobacco use rate for persons 18 years of age or older except that the factor may not be applied when the person is enrolled in a tobacco cessation program. (5) For a grandfathered health benefit plan, a carrier must implement premium rate increases in a consistent manner for all enrollees in a plan. A carrier may use either of the following methods to schedule premium rate increases for all enrollees in a grandfathered health benefit plan: (a) A rolling schedule that is based on the anniversary of the date of coverage issued to each enrollee or on another anniversary date established by the carrier; or (b) A fixed schedule that applies concurrently to all enrollees in a plan. If a fixed schedule is used, a carrier may adjust the premium of an enrollee during the rating period if the enrollee moves into a higher age bracket or has a change in family composition. (6) In addition to other bases offered by a carrier, an enrollee of an individual health benefit plan must be offered the opportunity to pay premium on a monthly basis. Statutory/Other Authority: ORS 731.244, 743.019, 743.020, 743.769 & 2014 OL Ch. 80 & Sec. 5 Statutes/Other Implemented: ORS 743.766 - 743.769, 746.015, 746.240 & 2014 OL Ch. 80 & Sec. 5 History: ID 4-2016, f. & cert. ef. 4-8-16 ID 17-2014, f. & cert. ef. 10-6-14 ID 6-2014(Temp), f. & cert. ef. 4-11-14 thru 10-8-14 ID 12-2013, f. 12-31-13, cert. ef. 1-1-14 ID 5-2010, f. & cert. ef. 2-16-10 ID 14-2001, f. & cert. ef. 11-20-01 Reverted to ID 5-2000, f. & cert. ef. 5-11-00 ID 7-2001(Temp), f. 5-30-01, cert. ef. 5-31-01 thru 11-16-01 ID 5-2000, f. & cert. ef. 5-11-00 Renumbered from 836-053-0420, ID 5-1998, f. & cert. ef. 3-9-98 ID 12-1996, f. & cert. ef. 9-23-96