Oregon Administrative Rules › Chapter 410 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: MEDICAL ASSISTANCE PROGRAMS › Division 141 - OREGON HEALTH PLAN › Section 410-141-5080 - FINANCIAL SOLVENCY REGULATION: Transparency

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 414.018 and Section 54(2) of
			 S.B. 1041, interactions between the Authority and CCOs shall be done in a
			 transparent and public manner. Without limitation of the preceding sentence,
			 the Authority shall publicly disclose all information pertaining to CCOs
			 required by Section 54(3) of S.B. 1041.
(2) Certain documents pertaining to a CCO's
			 financial condition may be considered confidential, when so described in these
			 rules. Financial analysis solvency tools and analytical reports developed by
			 the NAIC, and comparable reports developed or used by DCBS or the Authority,
			 are confidential. In addition, any work papers, recorded information, documents
			 and copies thereof that are produced or obtained by or disclosed to the
			 Authority or DCBS, or any other person in the course of an examination or in
			 the course of analysis by the Authority or DCBS of the financial condition or
			 market conduct of an CCO may be considered confidential, if the CCO
			 specifically designates the confidential portions and cites an exemption from
			 public disclosure under the Oregon Public Records Law, ORS
			 192.311 to
			 192.478. If the Authority, in
			 its sole discretion, determines that the cited exemption does not apply or
			 disclosure is necessary to protect the public interest, the Authority may make
			 available work papers, recorded information, documents and copies thereof
			 produced by, obtained by or disclosed to the Authority or any other person in
			 the course of the examination.
(3)
			 The Authority or DCBS may use a confidential document, material or other
			 information in administering these rules and in furthering a regulatory or
			 legal action brought as a part of the Authority's duties. In order to assist in
			 the performance of the Authority's duties, the Authority may:
(a) Authorize sharing a confidential
			 document, material or other information as appropriate among the administrative
			 divisions and staff offices of the Authority or DCBS for the purpose of
			 administering and enforcing the statutes within the authority of the Authority,
			 in order to enable the administrative divisions and staff offices to carry out
			 their functions and responsibilities;
(b) Share a document, material or other
			 information, including a confidential document, material or other information
			 that is subject to this rule or that is otherwise exempt from disclosure under
			 ORS 192.501 or ORS
			 192.502, with other state,
			 federal, foreign and international regulatory and law enforcement agencies and
			 with the NAIC and affiliates or subsidiaries of the NAIC, if the recipient
			 agrees to maintain the confidentiality of the document, material or other
			 information; and
(c) Receive a
			 document, material or other information, including an otherwise confidential
			 document, material or other information, from state, federal, foreign and
			 international regulatory and law enforcement agencies and from the NAIC and
			 affiliates or subsidiaries of the NAIC. As provided in this section, the
			 Authority shall maintain the confidentiality of documents, materials or other
			 information received upon notice or with an understanding that the document,
			 material or other information is confidential or privileged under the laws of
			 the jurisdiction that is the source of the document, material or other
			 information.