justicedao/ipfs_state_laws huggingface dataset:
111-005-0046 Sole Source Procurement Process OEBB may award a Contract for Benefit Plans or services without competition when OEBB determines in writing that the Benefit Plans or services are available from only one source, or the Contractor is defined as a Qualified Rehabilitation Facility as defined in Oregon’s Public Contracting Code. (1) The determination of a Sole Source Procurement must be based on written findings that may include, but are not limited to, the following: (a) That the efficient utilization of existing Benefit Plans or services requires the acquisition of compatible services; (b) That the Benefit Plans or services required for the exchange of software or data with other public or private agencies are available from only one source; (c) That the Benefit Plans or services are for use in a pilot or an experimental project; or (d) Other findings that support the conclusion that the goods or services are available from only one source. (2) To the extent reasonably practical, OEBB shall negotiate with the sole source organization or Person to obtain Contract terms advantageous to OEBB. (3) Contract. The sole source organization or Person must promptly execute the Contract after the award is final. OEBB will execute the Contract only after it has obtained all applicable required documents and approvals. Statutory/Other Authority: Ch. 7 OL 2007 Statutes/Other Implemented: Sec. 19 & Ch. 7 OL 2007 History: OEBB 8-2016, f. & cert. ef. 10-26-16 OEBB 3-2016, f. & cert. ef. 10-6-16 OEBB 1-2016(Temp), f. & cert. ef. 6-10-16 thru 12-6-16 OEBB 10-2011, f. & cert. ef. 5-3-11 OEBB 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-10-11 OEBB 1-2008, f. & cert. ef. 1-4-08 OEBB 1-2007(Temp), f. & cert. ef. 7-23-07 thru 1-4-08
111-005-0047 Renewal Process Renewal process. OEBB may renew Contracts with Contractors for as many years as OEBB determines is in the best interest of the state, Eligible Employees, Dependents, Eligible Domestic Partners, and Eligible Early Retirees. OEBB may invite renewal proposals from those Contractors who provided the same or similar Benefit Plans or services in the year immediately prior. A Benefit Plan or services Contract is similar if it is reasonably related to the scope of work described in the Procurement under which such a Contract was awarded. Statutory/Other Authority: ORS 243.860 - 243.886 Statutes/Other Implemented: ORS 243.864 History: OEBB 8-2016, f. & cert. ef. 10-26-16 OEBB 3-2016, f. & cert. ef. 10-6-16 OEBB 1-2016(Temp), f. & cert. ef. 6-10-16 thru 12-6-16 OEBB 10-2011, f. & cert. ef. 5-3-11 OEBB 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-10-11
111-005-0048 Emergency Contract Process OEBB may select a Contractor to provide Benefit Plans or services without following any of the procedures under OAR 111-005-0040, 111-005-0042, 111-005-0044, or 111-005-0046 when required by Emergency. OEBB will determine if an Emergency exists, declare the Emergency, and negotiate a Contract with the Contractor based on the following criteria: Contractor availability; capability; experience; approach; compensation requirements; previous litigation and remedy applied; customer service history with the OEBB, members and clients; debarment status; and references. OEBB will place emphasis on employee choice among high-quality plans, plan performance and information, a competitive marketplace, employer flexibility in plan design and contracting, quality customer service, creativity, affordability, and innovation and the improvement of employee health. Statutory/Other Authority: Ch. 7 OL 2007 Statutes/Other Implemented: Sec. 19 & Ch. 7 OL 2007 History: OEBB 8-2016, f. & cert. ef. 10-26-16 OEBB 3-2016, f. & cert. ef. 10-6-16 OEBB 1-2016(Temp), f. & cert. ef. 6-10-16 thru 12-6-16 OEBB 1-2008, f. & cert. ef. 1-4-08 OEBB 1-2007(Temp), f. & cert. ef. 7-23-07 thru 1-4-08
111-005-0050 Mistakes (1) Treatment of mistakes. If OEBB discovers certain mistakes in a Proposal before award of the Contract, and the mistakes are not identified as those qualifying as non-responsive to the specifications of the Procurement, OEBB may take the following action: (a) Waive or permit a Proposer to correct a minor informality. A minor informality is a matter of form rather than substance that is evident on the face of the Proposal, or an insignificant mistake that can be waived or corrected without prejudice to other Proposers. Mistakes including, but not limited to, signatures not affixed to the Proposal document, Proposals sent to the incorrect address, insufficient number of Proposals submitted, or incorrect format will not be considered minor. (b) Correct a clerical error if the intended Proposal and the error are evident on the face of the Proposal, or other documents submitted with the Proposal, and the Proposer confirms the correction in writing. A clerical error includes, but is not limited to, a Proposer's error in transcribing its Proposal. (2) Rejection for mistakes. OEBB may reject any Proposal in which a mistake is evident on the face of the Proposal and the intended correct Proposal is not evident or cannot be substantiated from documents accompanying the Proposal. In order to ensure integrity of the competitive Procurement process and to assure fair treatment of Proposers, mistakes discovered that are contrary to the specifications of the Procurement will be carefully reviewed and will be determined, under sole authority of OEBB, to be waived or not be waived. (3) If OEBB discovers mistakes in the Proposal after award, and the mistakes are not considered minor, OEBB reserves the right to determine if the award will be revoked. OEBB will then re-evaluate Proposals deemed to be in second, third, fourth, etc., in the standings. Statutory/Other Authority: Ch. 7 OL 2007 Statutes/Other Implemented: Sec. 19 & Ch. 7 OL 2007 History: OEBB 8-2016, f. & cert. ef. 10-26-16 OEBB 3-2016, f. & cert. ef. 10-6-16 OEBB 1-2016(Temp), f. & cert. ef. 6-10-16 thru 12-6-16 OEBB 10-2011, f. & cert. ef. 5-3-11 OEBB 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-10-11 OEBB 1-2008, f. & cert. ef. 1-4-08 OEBB 1-2007(Temp), f. & cert. ef. 7-23-07 thru 1-4-08
111-005-0055 Responsible Proposer (1) Before awarding a Contract, OEBB must establish that the Proposer meets the applicable standards of responsibility. OEBB shall prepare a written determination of non-responsibility for a Proposer if OEBB determines that the Proposer does not meet the standards of responsibility. (2) In determining whether a Proposer has met the standards of responsibility, OEBB shall consider whether a Proposer: (a) Has available the appropriate financial, material, equipment, facility and personnel resources and expertise, or has the ability to obtain the resources and expertise, necessary to meet all contractual responsibilities. (b) Completed previous contracts of a similar nature with a satisfactory record of performance. For purposes of this paragraph, a satisfactory record of performance means that to the extent that the costs associated with and time available to perform a previous contract remained within the Proposer’s control, the Proposer stayed within the time and budget allotted for the procurement and otherwise performed the contract in a satisfactory manner. OEBB shall document the Proposer’s record of performance if OEBB finds under this paragraph that the Proposer is not responsible. (c) Has a satisfactory record of integrity. In evaluating the Proposer’s record of integrity, OEBB may consider, among other things, whether the Proposer has previous criminal convictions for offenses related to obtaining or attempting to obtain a contract or subcontract or in connection with the Proposer’s performance of a contract or subcontract. OEBB shall document the Proposer’s record of integrity if OEBB finds under this paragraph that the Proposer is not responsible. (d) Is legally qualified to contract with OEBB. (e) Supplied all necessary information in connection with the inquiry concerning responsibility. If a Proposer fails to promptly supply information concerning responsibility that OEBB requests, OEBB shall determine the Proposer’s responsibility based on available information or may find that the Proposer is not responsible. (f) Was not debarred by OEBB in accordance with ORS 279B.130. (3) OEBB may refuse to disclose outside of OEBB confidential information furnished by a Proposer under this section when the Proposer has clearly identified in writing the information the Proposer seeks to have treated as confidential and OEBB has authority under ORS 192.410 to 192.505 to withhold the identified information from public disclosure. Statutory/Other Authority: ORS 243.860 - 243.886 Statutes/Other Implemented: ORS 243.864 History: OEBB 8-2016, f. & cert. ef. 10-26-16 OEBB 3-2016, f. & cert. ef. 10-6-16 OEBB 1-2016(Temp), f. & cert. ef. 6-10-16 thru 12-6-16 OEBB 10-2011, f. & cert. ef. 5-3-11 OEBB 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-10-11
111-005-0080 Contract Amendments OEBB may amend a Contract without additional competition in any of the following circumstances: (1) The amendment is within the scope of the underlying Procurement. (2) These rules otherwise permit OEBB to award a Contract without competition for the goods or services to be procured under the amendment. (3) The amendment is necessary to comply with a change in law that affects performance of the Contract. (4) The amendment results from renegotiation of the terms and conditions, including the contract price, of a Contract and the amendment is advantageous to OEBB, subject to all of the following conditions: (a) The work or services to be provided under the amended Contract are the same as the work or services to be provided under the unamended Contract. (b) OEBB determines that the amended Contract is at least as favorable to OEBB as the unamended Contract. (c) The amended Contract does not have a total term greater than allowed in the underlying Procurement after combining the initial and extended terms. Statutory/Other Authority: ORS 243.860 - 243.886 Statutes/Other Implemented: ORS 243.864 History: OEBB 8-2016, f. & cert. ef. 10-26-16 OEBB 3-2016, f. & cert. ef. 10-6-16 OEBB 1-2016(Temp), f. & cert. ef. 6-10-16 thru 12-6-16 OEBB 10-2011, f. & cert. ef. 5-3-11 OEBB 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-10-11
111-015-0001 Eligible Individuals (1) Unless otherwise defined under a separate OEBB administrative rule or a collective bargaining agreement or documented district policy in effect on July 1, 2007, the following individuals are eligible to participate in OEBB-sponsored benefit plans: (a) An eligible employee as defined in OAR 111-010-0015; (b) A spouse or eligible domestic partner as defined by OAR 111-010-0015; (c) A child as defined by OAR 111-010-0015. (2) Collective bargaining agreements and documented district policies scheduled to become effective on or after February 1, 2008, with a definition different than OAR 111-010-0015 must receive written authorization from the OEBB Board prior to finalization. Statutory/Other Authority: ORS 243.860 – 243.886 Statutes/Other Implemented: ORS 243.864(1)(a) History: OEBB 14-2012, f. & cert. ef. 12-19-12 OEBB 4-2008, f. & cert. ef. 2-19-08
111-020-0005 Employee Group Phase-in for Non-subject Districts (1) An Employee Group in a Non-subject District may elect to participate in a benefit plan provided by the Board on October 1, 2008, or on October 1 of any following year, or on another date if moving from a plan year other than October 1 through September 30. (2) An Employee Group in a Non-subject District electing to participate in benefit plans provided by the Board under section 1 must provide notice of such election not later than June 30 of the year in which they plan to move to the OEBB benefit plans on October 1, or at least 90 days or more from the date benefits under OEBB will go into effect if moving from a plan year other than October 1 through September 30. (3) An Employee Group in a Non-subject District who elects to participate in benefit plans provided by the Board cannot return to benefit plans provided or administered by an entity other than the Board. Statutory/Other Authority: ch.7 & OL 2007 Statutes/Other Implemented: Sec.14, ch. 7, OL 2007, Sec.16, ch. 7 & OL 2007 History: OEBB 22-2013, f. & cert. ef. 12-27-13 OEBB 11-2013(Temp), f. & cert. ef. 10-11-13 thru 4-8-14 OEBB 3-2008, f. & cert. ef. 1-4-08
111-030-0010 Medical, Pharmaceutical, Dental and Vision Plan Selection Criteria Entities may choose or allow all medical, dental and vision plans available in the service area to be available to some or all Entity Employee Groups with the following exceptions: (1) The HMO vision plan offered through Kaiser Permanente is only available if the HMO medical plan offered through Kaiser Permanente is available. (2) Moda Health Evergreen Medical Plan and Moda Health Fir Medical Plan may be offered as a stand-alone medical plan, or may be paired with a Health Savings Account (HSA). These plans are incompatible with an Integrated Post-Deductible Health Reimbursement Arrangement (HRA). (3) Kaiser Permanente Medical Plan 3 may be offered as a stand-alone medical plan, or may be paired with a Health Savings Account (HSA) or Health Reimbursement Arrangement (HRA). Statutory/Other Authority: ORS 243.860–243.886 Statutes/Other Implemented: ORS 243.864(1)(a)) History: OEBB 1-2019, amend filed 03/15/2019, effective 03/15/2019 OEBB 1-2018, temporary amend filed 09/24/2018, effective 09/25/2018 through 03/23/2019 OEBB 2-2017, f. & cert. ef. 3-16-17 OEBB 5-2016(Temp), f. & cert. ef. 10-18-16 thru 4-15-17 OEBB 14-2013, f. & cert. ef. 10-23-13 OEBB 8-2013(Temp), f. & cert. ef. 7-12-13 thru 1-7-14 OEBB 8-2012, f. & cert. ef. 10-9-12 OEBB 3-2012(Temp), f. & cert .ef. 4-20-12 thru 10-16-12 OEBB 2-2011, f. & cert. ef. 2-11-11 OEBB 8-2010(Temp), f. & cert. ef. 8-3-10 thru 1-29-11
111-030-0011 Bronze Medical Plan Offering (1) Effective October 1, 2015, a bronze medical plan option or options will be available for entities to offer employees who: (a) Meet the definition of a full-time employee under the Affordable Care Act (ACA); (b) Are not employed in a benefit-eligible position or eligible for benefits under a collective bargaining agreement; and (c) Do not receive any form of benefit contribution from the entity. (2) The bronze medical plan option(s) will be limited to; (a) Employee only and employee plus child(ren) coverage using the tiered rate structure; and (b) Active employees as described in section (1) and COBRA participants eligible due to loss of coverage as an active employee, or dependent of an active employee, as described in section (1). (3) The bronze medical plan availability, enrollments and application of criteria set forth in sections (1) and (2) are subject to ongoing monitoring and review by OEBB to confirm compliance. (4) Employees eligible for coverage on the bronze medical plan option(s) may not be offered or enroll in any of the following OEBB benefits as an eligible subscriber: dental, vision, life, AD&D, disability, long term care or any other medical plan offered through OEBB. (5) Employees eligible for coverage on the bronze medical plan option(s) may be included in an entity’s Employee Assistance Program (EAP) if available, and at the entity’s discretion. (6) Use of the bronze medical plan option or options for any other purpose or by any unauthorized employee or employee group is prohibited and misuse of the options will result in loss of access to the bronze medical plan option(s). Statutory/Other Authority: ORS 243.860 – 243.886 Statutes/Other Implemented: ORS 243.864(1)(a) History: OEBB 6-2015, f. & cert. ef. 10-7-15 OEBB 5-2015(Temp), f. & cert. ef. 7-10-15 thru 10-24-15 OEBB 2-2015(Temp), f. & cert. ef. 4-28-15 thru 10-24-15
111-030-0040 Long Term Care (LTC) Benefit Plan Selection Criteria Entities may select or allow LTC options to be available for or to each Employee Group unless otherwise specified in an OEBB administrative rule. OEBB offers employer-paid and employee-paid LTC options. (1) Employee-paid LTC is a voluntary plan where members can choose to enroll. No minimum enrollment requirement. (2) Employer-paid LTC requires 100 percent eligible employee enrollment if selected. Statutory/Other Authority: ORS 243.860 - 243.886 Statutes/Other Implemented: ORS 243.864(1)(a), 243.868(1) & 243.872(2) History: OEBB 2-2017, f. & cert. ef. 3-16-17 OEBB 5-2016(Temp), f. & cert. ef. 10-18-16 thru 4-15-17 OEBB 2-2011, f. & cert. ef. 2-11-11 OEBB 8-2010(Temp), f. & cert. ef. 8-3-10 thru 1-29-11
111-030-0045 Employee Assistance Program (EAP) Plan Selection Criteria (1) Entities may select or allow an EAP option to be available to all Entity employees including, but not limited to, OEBB benefit-eligible employees and their dependents. (2) Enrollment will happen automatically if selected by an Entity. Statutory/Other Authority: ORS 243.860 - 243.886 Statutes/Other Implemented: ORS 243.864(1)(a), 243.868(1) & 243.872(2) History: OEBB 2-2017, f. & cert. ef. 3-16-17 OEBB 5-2016(Temp), f. & cert. ef. 10-18-16 thru 4-15-17 OEBB 2-2011, f. & cert. ef. 2-11-11 OEBB 8-2010(Temp), f. & cert. ef. 8-3-10 thru 1-29-11
111-030-0046 Development of Health Savings Accounts (HSA) (1) Effective October 1, 2011, OEBB will offer the use of an employer sponsored vendor for Health Savings Accounts (HSA). For purposes of this rule, an HSA vendor will be considered employer sponsored if the Entity offers: (a) Employer contributions to the HSA; or (b) Pre-tax or direct deposit of employee contributions to the HSA. (2) If an Entity chooses to offer an employer sponsored HSA, the Entity may offer this plan through the OEBB-contracted HSA. (3) Entities may select or allow the HSA option to be available to eligible employees who enroll in OEBB’s high-deductible health plan (HDHP) option (currently Moda Health Evergreen Medical Plan, Moda Health Fir Medical Plan and Kaiser Permanente Medical Plan 3). (4) Eligible employees who are eligible to enroll in an HSA, and choose the employer sponsored HSA vendor, may do so directly through the HSA vendor or their Entity. (5) Eligible employees must meet requirements established by the Internal Revenue Service (IRS) to qualify for enrollment in an HSA. Once enrolled in an HSA, members are responsible to adhere to tax requirements of the IRS. (6) Because IRS requirements for an individual to qualify for enrollment in an HSA include concurrent enrollment in a high-deductible health plan (HDHP), an Entity that offers an employer sponsored HSA must offer its employees the choice of a HDHP option, currently Moda Health Evergreen Medical Plan, Moda Health Fir Medical Plan and Kaiser Permanente Plan 3, from among OEBB’s medical plans. If an employee is enrolled in an OEBB medical plan other than OEBB’s HDHP, the employee may not enroll in the OEBB HSA. Statutory/Other Authority: ORS 243.860 - 243.886 Statutes/Other Implemented: ORS 243.864(1)(a) History: OEBB 1-2019, amend filed 03/15/2019, effective 03/15/2019 OEBB 1-2018, temporary amend filed 09/24/2018, effective 09/25/2018 through 03/23/2019 OEBB 2-2017, f. & cert. ef. 3-16-17 OEBB 5-2016(Temp), f. & cert. ef. 10-18-16 thru 4-15-17 OEBB 14-2013, f. & cert. ef. 10-23-13 OEBB 8-2013(Temp), f. & cert. ef. 7-12-13 thru 1-7-14 OEBB 21-2011, f. 10-13-11, cert. ef. 10-14-11 OEBB 13-2011(Temp), f. & cert. ef. 8-2-11 thru 1-28-12
111-030-0047 Development of Flexible Spending Accounts (1) Effective October 1, 2012, OEBB will offer the use of an employer sponsored vendor for Flexible Spending Accounts (FSAs) including a Health Care Flexible Spending Account, Limited Health Care Spending Account and Dependent Care Flexible Spending Account. (2) If an Entity chooses to offer an employer sponsored FSA, the Entity may offer this plan through the OEBB-contracted FSA vendor. (3) Eligible employees who are eligible to enroll in an FSA, and choose the employer sponsored FSA vendor, do so directly through their Entity. (4) Eligible employees must meet requirements established by the Internal Revenue Service (IRS) to qualify for enrollment in an FSA. Once enrolled in an FSA, members are responsible to adhere to tax requirements of the IRS. Statutory/Other Authority: ORS 243.860–243.886 Statutes/Other Implemented: ORS 243.874(5) History: OEBB 2-2017, f. & cert. ef. 3-16-17 OEBB 5-2016(Temp), f. & cert. ef. 10-18-16 thru 4-15-17 OEBB 8-2012, f. & cert. ef. 10-9-12 OEBB 3-2012(Temp), f. & cert .ef. 4-20-12 thru 10-16-12
111-030-0050 Premium Rate Structure Selection Process and Limitations (1) Educational Entities may choose a composite or tiered rate structure for each Employee Group for medical, dental and vision coverage unless otherwise specified in an OEBB administrative rule. The rate structure selected for each coverage type applies to all individuals electing to participate as active employees within an Employee Group. Local Governments are limited to using the tiered rate structure for medical, dental and vision plans. (2) Educational Entities may select a composite or tiered rate structure for early retirees unless otherwise specified in an OEBB administrative rule. Local Governments are limited to using the tiered rate structure for medical, dental and vision plans. (3) Educational Entities may select a composite or tiered rate structure for part-time employees of an Employee Group unless otherwise specified in an OEBB administrative rule. If a different rate structure is selected for part-time employees that structure must apply to all participating part-time employees within that Employee Group. Local Governments are limited to using the tiered rate structure for medical, dental and vision plans. (4) Rate structures must be selected during the plan selection process. (5) Once an Educational Entity elects a change in rate structure for a type of coverage within an Employee Group, the rate structure selection cannot be changed for at least three plan years. The rate structure change will go into effect on the first day of the next plan year, October 1. (6) Educational Entities or Local Governments who offered LTD on a composite rate structure prior to moving to OEBB coverages can continue to do so. Use of the composite rate structure for LTD plans is only available on a mandatory LTD plan and requires 100 percent enrollment. (a) Employee Groups using a composite rate structure for mandatory LTD plans effective October 1, 2012, may continue to use either the employer-paid or employee-paid option. (b) Effective October 1, 2013, OEBB will expand the availability of the composite rate structure for mandatory LTD plans only to those Employee Groups that chose to elect an employer-paid plan option. (c) Rate structures must be selected during the plan selection period and become effective the first day of the next plan year, October 1. Statutory/Other Authority: ORS 243.860 - 243.886 Statutes/Other Implemented: ORS 864(1)(a) History: OEBB 2-2017, f. & cert. ef. 3-16-17 OEBB 5-2016(Temp), f. & cert. ef. 10-18-16 thru 4-15-17 OEBB 21-2013, f. & cert. ef. 12-27-13 OEBB 10-2013(Temp), f. & cert. ef. 10-11-13 thru 4-8-14 OEBB 4-2013, f. & cert. ef. 5-10-13 OEBB 1-2013(Temp), f. & cert. ef 2-21-13 thru 8-19-13 OEBB 2-2011, f. & cert. ef. 2-11-11 OEBB 8-2010(Temp), f. & cert. ef. 8-3-10 thru 1-29-11