reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 14 - ALTERNATIVE INSURANCE ORGANIZATIONS › Section 836-014-0040 - Amendments to Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 legal service organization shall amend its registration in this state when any
			 of the following events occur:
(a) The
			 organization changes its principal place of business;
(b) The insurance or surety bond required for
			 compliance with ORS 750.685 is cancelled or
			 replaced;
(c) The organization
			 experiences a material change in ownership under events defined in ORS
			 732.505 and
			 732.510.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 14 - ALTERNATIVE INSURANCE ORGANIZATIONS › Section 836-014-0042 - Renewal of Legal Expense Organization Registration

Current through Register Vol. 63, No. 7, July 1, 2024
In order for an organization to renew its certificate of
				registration, the organization must apply for renewal by submitting a completed
				renewal application. The renewal application must be on the form prescribed by
				the Director. If mailed, the renewal application must be postmarked by the
				United States Postal Service not later than the expiration date of the
				registration.
Stat. Auth.: ORS 731 & 750
Stats. Implemented: ORS
				  750.515 &
				  750.565(2)
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 14 - ALTERNATIVE INSURANCE ORGANIZATIONS › Section 836-014-0045 - Unfair Trade Practice

Current through Register Vol. 63, No. 7, July 1, 2024
Failure of a legal service organization to comply with OAR
				836-014-0001  to 836-014-0045  is an unfair trade practice under ORS
				746.240.
Stat. Auth.: ORS 731 & ORS 750
Stats. Implemented: ORS
				  750.240 & ORS
				  750.325(3)
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 14 - ALTERNATIVE INSURANCE ORGANIZATIONS › Section 836-014-0200 - Statutory Authority and Implementation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR 836-014-0200  to 836-014-0330  are
			 adopted under the authority of ORS
			 731.244,
			 731.804,
			 744.331,
			 744.358 and
			 746.240 and section 20, chapter
			 711, Oregon Laws 2009 (Enrolled Senate Bill 973) for the purpose of
			 implementing 744.326,
			 744.328,
			 744.331,
			 744.341 and
			 744.358 and sections 2, 5, 11 to
			 19 and 22, chapter 711, Oregon Laws 2009 (Enrolled Senate Bill 973).
(2) OAR 836-014-0205, 836-014-0226,
			 836-014-0263, 836-014-0285  and 836-014-0325, and the amendments to OAR
			 836-014-0200  to 836-014-0325  are operative on and after the date that they are
			 filed with the Secretary of State.
Stat. Auth.: ORS
				  731.244,
				  744.331,
				  744.358
Stats. Implemented: ORS
				  744.326,
				  744.328,
				  744.331,
				  744.341,
				  744.358, Sec. 2, 5, 11-19 &
				  22, Ch. 711, OL 2009
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 14 - ALTERNATIVE INSURANCE ORGANIZATIONS › Section 836-014-0205 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to
			 the definitions set forth in section 2, chapter 711, Oregon Laws 2009 (Enrolled
			 Senate Bill 973), as used in OAR 835-014-0200 to 836-014-0330:
(2) "Terminally ill" means having an illness
			 or sickness that can reasonably be expected to result in death in 24 months or
			 less, including but not limited to one or more of the following:
(a) A medical condition that will result in a
			 drastically limited life span not exceeding 24 months.
(b) A medical condition that has required or
			 requires extraordinary medical intervention, such as a major organ transplant
			 or continuous artificial life support, without which the insured person would
			 die.
(c) Any condition that usually
			 requires continuous confinement in a nursing home, convalescent center or other
			 care facility, if the insured person is expected to remain there for the rest
			 of the insured person's life.
(d) A
			 medical condition that in the absence of extensive or extraordinary medical
			 treatment will result in a drastically limited life span. Such medical
			 conditions include but are not limited to the following:
(A) Coronary artery disease resulting in an
			 acute infarction or requiring surgery;
(B) Permanent neurological deficit resulting
			 from cerebral vascular accident;
(C) End-stage renal failure; or
(D) Acquired Immune Deficiency
			 Syndrome.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 14 - ALTERNATIVE INSURANCE ORGANIZATIONS › Section 836-014-0210 - License Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The fee for
			 filing an application for a license to transact business as a life settlement
			 provider is $400.
(2) The fee for
			 annual renewal of a license to transact business as a life settlement provider
			 is $200.
(3) The fee for filing an
			 application for a license to transact business as a life settlement broker is
			 $45.
(4) The fee for biennial
			 renewal of a license to transact business as a life settlement broker is
			 $45.
(5) The fee for filing an
			 application for a license to transact business as a life settlement investment
			 agent is $45.
(6) The fee for
			 biennial renewal of a license to transact business as a life settlement
			 investment agent is $45.
Stat. Auth.: ORS
				  731.244,
				  731.804,
				  744.331,
				  744.358
Stats. Implemented: ORS
				  744.326,
				  744.328, Sec. 5, Ch. 711, OL
				  2009
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 14 - ALTERNATIVE INSURANCE ORGANIZATIONS › Section 836-014-0220 - Life Settlement Provider License Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person, other than the owner of a
			 life insurance policy, that enters into or effectuates a life settlement
			 contract with an owner who is a resident of Oregon must obtain a life
			 settlement provider license from the Department of Consumer and Business
			 Services.
(2) In order for an
			 applicant to qualify for authority to transact business as a life settlement
			 provider the person must do all of the following:
(a) Demonstrate evidence of financial
			 responsibility as follows:
(A) The applicant's
			 assets must exceed its liabilities by an amount of not less than
			 $150,000;
(B) The applicant must
			 file with the Department of Consumer and Business Services a surety bond in the
			 sum of $100,000 that meets the requirements of ORS
			 731.640; or
(C) The applicant must deposit with the
			 Department of Consumer and Business Services the sum of $100,000 in cash,
			 certificates of deposit or securities, or any combination of cash, certificates
			 of deposit or securities.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 14 - ALTERNATIVE INSURANCE ORGANIZATIONS › Section 836-014-0226 - Life Settlement Investment Agent Licensing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order for an
			 applicant to qualify to transact business as a life settlement investment
			 agent, the person must pay the appropriate application fee under OAR
			 836-014-0210  and either:
(a) Demonstrate that
			 the person has completed to the director's satisfaction an examination of the
			 Financial Industry Regulatory Authority (FINRA) that is Series 6 or Series 7;
			 or
(b) Operates under the
			 appropriate license from the equivalent chief insurance official of the state
			 of residence of the life settlement purchaser whom the agent is negotiating
			 with on behalf of a life settlement provider. If there is more than one
			 purchaser of a single policy and the purchasers are residents of different
			 states, the life settlement investment agent must be licensed by the state in
			 which the purchaser having the largest percentage ownership resides, or if the
			 purchasers hold equal ownership, the state of residence of one purchaser agreed
			 upon in writing by all purchasers.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 14 - ALTERNATIVE INSURANCE ORGANIZATIONS › Section 836-014-0230 - Renewal Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 licensee applying for renewal must do the following, as applicable:
(a) Submit a completed renewal application,
			 on a form provided by the Director; and
(b) Submit the renewal fee.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 14 - ALTERNATIVE INSURANCE ORGANIZATIONS › Section 836-014-0240 - Filing Requirements, Life Settlement Contracts and Disclosure Statement Forms; Promotional, Advertising and Marketing Materials

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant
			 for a license as a life settlement provider or life settlement broker must file
			 with the Director a copy of each life settlement contract form and disclosure
			 statement form that the applicant intends to use in business under the
			 license.
(2) A life settlement
			 provider or life settlement broker must file with the Director, prior to use in
			 this state, any amendment to a previously-filed life settlement contract form
			 or disclosure statement form and any new life settlement contract form or
			 disclosure statement form.
(3)
			 Contract forms and amendments thereto and disclosure statement forms and
			 amendments thereto are subject to approval prior to use in this state, as
			 provided in ORS 744.341.
(4) Each form of life settlement contract
			 filed with the Director must contain all of the following:
(a) A life settlement contract, completed in
			 John Doe fashion;
(b) A copy of a
			 policyholder's or certificate holder's application, completed in John Doe
			 fashion; and
(c) A copy of the
			 disclosure statement form that will be provided to a policyholder or
			 certificate holder as required by section 11, chapter 711, Oregon Laws 2009
			 (Enrolled Senate Bill 973) and 836-014-0280.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 14 - ALTERNATIVE INSURANCE ORGANIZATIONS › Section 836-014-0250 - Contents of Life Settlement Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to the requirements of ORS
			 744.341, each life settlement
			 contract must be in writing, in a type size of not less than 12 points, and
			 written in clear, understandable and straightforward wording.
(2) A life settlement contract may not
			 contain any limitation or restriction on the use of the proceeds by the
			 policyholder or certificate holder.
(3) Each life settlement contract shall
			 specify any effect that entering into the contract will have upon the
			 continuation or continued availability of supplemental benefits or riders that
			 are or may be attached to the life insurance policy that is the subject of the
			 life settlement contract, including assignment of the responsibility for the
			 continued payment of premiums. The contract must require the provider to pay
			 the premium on supplemental benefits and riders added to the policy before the
			 life settlement contract was entered, when so elected according to OAR
			 836-014-0260, and must require the provider to notify the former policyholder
			 or certificate holder of any option that may arise to select any supplemental
			 benefits or riders. The benefits and riders considered shall include, but need
			 not be limited to, the following:
(a)
			 Guaranteed insurability options;
(b) Accidental death benefits, or accidental
			 death and dismemberment benefits;
(c) Disability income or loss of income
			 protection; and
(d) Family, spousal
			 or children's riders or benefits.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 14 - ALTERNATIVE INSURANCE ORGANIZATIONS › Section 836-014-0263 - Request to Insurer for Verification of Coverage

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The life settlement provider or broker
			 shall submit in writing a request for verification of coverage from the insurer
			 on the status of the life insurance policy or certificate of a policyholder.
			 The request shall be in the form illustrated on the Insurance Division website,
			 or a similar form approved by the Director and shall be accompanied by an
			 instruction executed by the policyholder or certificate holder authorizing the
			 insurer to release the specified information referred to in this section to the
			 life settlement provider or to the life settlement broker.
(2) A life settlement provider or broker who
			 submits a request under section (1) of this rule must state in the request that
			 the provider or broker is licensed as a life settlement provider in this state
			 and must disclose its license number.
Stat. Auth.: ORS
				  731.244,
				  744.331,
				  744.358
Stats. Implemented: ORS
				  744.326,
				  744.328,
				  744.331,
				  744.341,
				  744.358, Sec. 13, Ch. 711, OL
				  2009
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 14 - ALTERNATIVE INSURANCE ORGANIZATIONS › Section 836-014-0265 - Response by Insurer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 insurer shall provide information requested by a life settlement provider or
			 life settlement broker on the status of the life insurance policy or
			 certificate of a policyholder or certificate holder within 30 calendar days
			 after the insurer receives the request for verification of coverage.
(2) Nothing in this rule prohibits a
			 certificate holder from assigning rights or benefits under the certificate to a
			 licensed life settlement provider if assignment is allowed in the group policy,
			 or from converting the coverage to an individual life insurance policy as
			 provided by law and any applicable terms of the group policy.
Stat. Auth.: ORS
				  731.244,
				  744.358
Stats. Implemented: ORS
				  744.358
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 14 - ALTERNATIVE INSURANCE ORGANIZATIONS › Section 836-014-0270 - Standards for Evaluation of Reasonable Payments; Definition of "Terminal Illness or Condition"

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 insured is terminally ill or chronically ill, payments under life settlement
			 contracts must be fair and equitable and may not in any event be less than the
			 following: Insured's Life Expectancy - Minimum Percentage of Face Value Less
			 Outstanding Loans Received by Policyholder or Certificate Holder
(a) Less than six months - 85
			 percent;
(b) At least six but less
			 than 12 months - 80 percent;
(c) At
			 least 12 but less than 18 months - 75 percent;
(d) At least 18 but less than 24 months - 70
			 percent;
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 14 - ALTERNATIVE INSURANCE ORGANIZATIONS › Section 836-014-0280 - Disclosure Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) With
			 an application for a life settlement, a life settlement provider or life
			 settlement broker shall disclose the information specified in section 11,
			 chapter 711, 2009 Oregon Laws (Enrolled Senate Bill 973) in a disclosure
			 statement in a form approved by the director. The statement must be in not less
			 than 12 point type. An example of the form of the disclosure statement will be
			 displayed on the Insurance Division website and the director may update names,
			 telephone numbers and similar information from time to time as necessary. A
			 life settlement broker shall disclose to the insured in writing any
			 relationship required to be disclosed to an owner under section 15, chapter
			 711, Oregon Laws 2009 prior to effectuating a life settlement contract. The
			 form of the disclosure statement shall be approved by the director.
(2) For each life settlement contract entered
			 into by a life settlement provider, the provider must keep a copy of the
			 disclosure statement in the provider's file on the contract, along with an
			 affidavit signed by the provider showing the date the statement was delivered
			 to and signed by the policyholder or insured and the life settlement provider
			 or life settlement broker and attesting to the provider's belief that the
			 policyholder or insured had an opportunity to read and understand the
			 statement. The provider must also send a copy of the statement and the signed
			 affidavit to the life settlement broker.
(3) The disclosures required under section
			 (1) of this rule must be provided in a separate document that is signed by the
			 owner or insured and the life settlement provider or life settlement broker,
			 and must provide the following information:
(a) All information required by section
			 11(1), chapter 711, Oregon Laws 2009 (Enrolled Senate Bill 973);
(b) The brochure required by section 11(2),
			 chapter 711, Oregon Laws 2009 (Enrolled Senate Bill 973); and
(c) An explanation of the ability of the life
			 settlement provider and the life settlement broker to contact the insured for
			 the purpose of determining the health status of the insured after the life
			 settlement occurs, and the frequency at which those contacts may
			 occur.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 14 - ALTERNATIVE INSURANCE ORGANIZATIONS › Section 836-014-0285 - Disclosures to Insurer

Current through Register Vol. 63, No. 7, July 1, 2024
Before initiating a plan, transaction or series of
				transactions, a life settlement broker or life settlement provider shall fully
				disclose to an insurer the plan, transaction or series of transactions to which
				the life settlement broker or life settlement provider is a party, to
				originate, renew, continue or finance a life insurance policy with the insurer
				for the purpose of engaging in the business of life settlements at anytime
				prior to, or during the first five years after, issuance of the
				policy.
Stat. Auth.: ORS
				  731.244,
				  744.331,
				  744.358
Stats. Implemented: ORS
				  744.326,
				  744.328,
				  744.331,
				  744.341,
				  744.358, section 12, chapter
				  711, Oregon Laws 2009
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 14 - ALTERNATIVE INSURANCE ORGANIZATIONS › Section 836-014-0290 - Contacts by Life Settlement Provider or Broker

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After a life settlement provider has
			 entered into a life settlement contract, neither the life settlement provider
			 nor the life settlement broker may make contact with the insured:
(a) More frequently than once every three
			 months if the insured has a life expectancy of more than one year;
			 and
(b) More frequently than twice
			 each month if the insured has a life expectancy of one year or less.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 14 - ALTERNATIVE INSURANCE ORGANIZATIONS › Section 836-014-0300 - Advertising Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Advertising related to life settlement contracts, life settlement purchase
			 agreements or related products or services must be truthful and not misleading
			 by fact or implication.
(2) If a
			 life settlement provider or broker mentions the speed with which the life
			 settlement will occur, the advertising must disclose the average time from
			 completed application to the date of offer and from acceptance of the offer to
			 receipt of the funds by the policyholder or certificate holder during the past
			 six months.
(3) If advertising of a
			 life settlement contract mentions the dollar amounts available to policyholders
			 and certificate holders, the advertising must disclose the average purchase
			 price with regard to a particular life expectancy as a percent of face value
			 paid to policyholders and certificate holders contracting with the life
			 settlement provider or broker during the past six months and must disclose
			 factors that go into determining the specific amounts charged.
Stat. Auth.: ORS
				  744.358
Stats. Implemented: ORS
				  744.358
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 14 - ALTERNATIVE INSURANCE ORGANIZATIONS › Section 836-014-0310 - Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On or
			 before March 1 of each year, a life settlement provider shall file an annual
			 statement with the director. The information provided in the statement shall be
			 limited to those transactions for which the owner is a resident of Oregon. The
			 statement shall include at a minimum:
(a)
			 Total number and aggregate face amount and life settlement proceeds of policies
			 settled during the immediately preceding calendar year;
(b) A breakdown of the information by policy
			 issue year;
(c) The names of the
			 insurance companies whose policies have been settled; and
(d) The life settlement brokers who have
			 settled the policies.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 14 - ALTERNATIVE INSURANCE ORGANIZATIONS › Section 836-014-0320 - Requirements for Brokers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A life
			 settlement broker may not seek or obtain any compensation from the policyholder
			 or certificate holder without the written agreement of the policyholder or
			 certificate holder obtained before the broker performs any services in
			 connection with the life settlement.
(2)
(a)
			 Unless convicted of a felony as described in section 17(2), chapter 711, Oregon
			 Laws 2009 (Enrolled Senate Bill 973), a life insurance producer meets the
			 licensing requirements of this section and is permitted to operate as a life
			 settlement broker in this state if the producer has been duly licensed:
(A) As a resident insurance producer with a
			 life line of authority in this state for at least one year; or
(B) In the producer's home state for at least
			 one year and is licensed as a nonresident producer in this state.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 14 - ALTERNATIVE INSURANCE ORGANIZATIONS › Section 836-014-0325 - Disclosures Required by Life Insurers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) With respect to each policy issued by an
			 insurance company, the insurance company shall provide notice to the owner of
			 an individual life insurance policy when the insured person under such a policy
			 is 60 years of age or older, and:
(a) The
			 life insurance company receives notice from such an owner of a request to
			 surrender, in whole or in part, an individual policy;
(b) The life insurance company receives
			 notice from such an owner of a request to receive an accelerated death benefit
			 under an individual policy; or
(c)
			 The life insurance company sends to such an owner all notices of lapse of an
			 individual policy, other than a term policy.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 14 - ALTERNATIVE INSURANCE ORGANIZATIONS › Section 836-014-0330 - Unfair Trade Practices

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Violation of any provision of OAR 836-014-0270, 836-014-0280, 836-014-0290,
			 836-014-0300  or 836-014-0310  is an unfair trade practice for purposes of ORS
			 746.240.
(2) The provisions of OAR 836-014-0200  to
			 836-014-0330  are in addition to applicable provisions of ORS chapter 746,
			 governing trade practices.
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  746.240
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 14 - ALTERNATIVE INSURANCE ORGANIZATIONS › Section 836-014-0400

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  731.244 &
				  735.210
Stats. Implemented: ORS
				  735.210
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 20 - ADVERTISEMENTS OF HEALTH INSURANCE › Section 836-020-0200 - Purpose and Authority

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this rule is to assure truthful and adequate
				disclosure of all material and relevant information in the advertising of
				health insurance. This purpose is intended to be accomplished by the
				establishment of minimum standards and guidelines of conduct for such
				advertising. This rule is promulgated under the provisions of ORS
				731.244,
				742.009 and
				746.075.
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  742.009 & ORS
				  746.075
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 20 - ADVERTISEMENTS OF HEALTH INSURANCE › Section 836-020-0205 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule
			 applies to all health insurance advertisements intended for presentation,
			 distribution, or dissemination in this state.
(2) Every insurer shall establish and
			 maintain a system of control over the content, form, and method of
			 presentation, distribution, and dissemination of all such advertisements of its
			 policies. All such advertisements, regardless of by whom written, created,
			 designed, presented, distributed, or disseminated, shall be the responsibility
			 of the insurer whose policies are advertised.
Stat. Auth.: ORS 731, ORS 743 & ORS 746
Stats. Implemented: ORS
				  742.009 & ORS
				  746.075
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 20 - ADVERTISEMENTS OF HEALTH INSURANCE › Section 836-020-0210 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions
			 given in the Insurance Code and in this rule govern the construction of this
			 rule.
(2) "Advertisement" includes:
(a) Written, oral, and pictorial material
			 used in direct mail, newspapers, magazines, radio scripts, TV scripts,
			 billboards, and other similar mediums for reaching the public;
(b) Written, oral, and pictorial material
			 intended for individual presentation to the public, including, but not limited
			 to, circulars, leaflets, booklets, depictions, illustrations; and
(c) Written, oral, and pictorial material
			 prepared for any other use by insurance producers or other representatives of
			 an insurer.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 20 - ADVERTISEMENTS OF HEALTH INSURANCE › Section 836-020-0215 - Method of Disclosure of Required Information

Current through Register Vol. 63, No. 7, July 1, 2024
All information required to be disclosed by this rule shall be
				set out conspicuously, and in close conjunction with the statements to which
				the information relates or under appropriate captions of sufficient prominence
				that the information is not minimized, rendered obscure, presented in an
				ambiguous fashion or so intermingled with the content of the advertisement as
				to be confusing or misleading.
Stat. Auth.: ORS 731, ORS 743 & ORS 746
Stats. Implemented: ORS
				  742.009 & ORS
				  746.075
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 20 - ADVERTISEMENTS OF HEALTH INSURANCE › Section 836-020-0220 - Form and Content of Advertisements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The form and content of an advertisement
			 shall be sufficiently complete and clear to avoid deception or the capacity or
			 tendency to mislead or deceive. Whether an advertisement has a capacity or
			 tendency to mislead or deceive will be determined by the Insurance Commissioner
			 from the overall impression that the advertisement may reasonably be expected
			 to create upon a person of average education or intelligence within the segment
			 of the public to which it is directed.
(2) Advertisements shall be truthful and not
			 misleading in fact or in implication. Words or phrases, the meaning of which is
			 clear only by implication or by familiarity with insurance terminology, shall
			 not be used.
Stat. Auth.: ORS 731, ORS 743 & ORS 746
Stats. Implemented: ORS
				  742.009 & ORS
				  746.075
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 20 - ADVERTISEMENTS OF HEALTH INSURANCE › Section 836-020-0230 - Necessity for Disclosing Policy Provisions Relating to Renewal, Cancellation, and Termination

Current through Register Vol. 63, No. 7, July 1, 2024
When an advertisement refers to a dollar amount of a benefit, a
				period of time for which a benefit is payable, the cost of the policy or of a
				specific policy benefit, or the loss for which such benefit is payable, it
				shall also disclose the provisions relating to renewal, cancellation, and
				termination and any modification of benefits or losses covered or increase in
				premiums because of age or other reasons, in a manner which shall not minimize
				or render obscure the qualifying conditions.
Stat. Auth.: ORS 731, ORS 743 & ORS 746
Stats. Implemented: ORS
				  742.009 & ORS
				  746.075
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 20 - ADVERTISEMENTS OF HEALTH INSURANCE › Section 836-020-0235 - Testimonials or Endorsements by Third Parties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Testimonials used in advertisements must
			 be genuine, represent the current opinion of the author, be applicable to the
			 policy advertised and be accurately reproduced. The insurer in using a
			 testimonial makes as its own all of the statements contained therein, and the
			 entire advertisement including such testimonial is subject to all the
			 provisions of this rule.
(2) If the
			 person making a testimonial, an endorsement, or an appraisal has a financial
			 interest in the insurer or a related entity, as a stockholder, director,
			 officer, employee or otherwise, this fact shall be disclosed in the
			 advertisement. If a person is compensated for making a testimonial, endorsement
			 or appraisal, this fact shall be disclosed in the advertisement by the phrase
			 "paid endorsement" or its equivalent. This subsection does not require
			 disclosure of payment of "union scale" for TV or radio performances. The
			 payment of substantial amounts, directly or indirectly, for travel or
			 entertainment or similar expenditures for filming or recording of TV or radio
			 advertisements requires disclosure.
(3) An advertisement shall not state or imply
			 that the insurer or the policy has been approved or endorsed by any individual,
			 group of individuals, society, association or other person, unless such is the
			 fact and unless any proprietary relationship between such person and the
			 insurer is disclosed. If the person making the endorsement or testimonial has
			 been formed by the insurer, or is owned or controlled by the insurer or the
			 persons who own or control the insurer, this fact shall be disclosed in the
			 advertisement.
(4) When a
			 testimonial refers to benefits received under a policy, the specific claim
			 data, including claim number, date of loss and other pertinent information,
			 shall be retained by the insurer for inspection for a period of four years or
			 until the filing of the next regular report of examination of the insurer,
			 whichever is the longer period of time.
Stat. Auth.: ORS 731, ORS 743 & ORS 746
Stats. Implemented: ORS
				  742.009 & ORS
				  746.075
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 20 - ADVERTISEMENTS OF HEALTH INSURANCE › Section 836-020-0240 - Use of Statistics

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 advertisement stating the dollar amount of claims paid, the number of persons
			 insured or similar statistical information relating to an insurer or policy
			 shall not use irrelevant facts, and must accurately reflect all of the relevant
			 facts. Such an advertisement shall not imply that the statistics are derived
			 from the advertised policy unless such is the fact. When the statistics are
			 applicable to other policies or plans, the advertisement shall specifically so
			 state.
(2) An advertisement shall
			 not represent or imply that claim settlements by the insurer are "liberal" or
			 "generous" or use words of similar import, or represent or imply that claim
			 settle-ments are or will be beyond the actual terms of the policy. No unusual
			 amount paid for a unique claim under an advertised policy shall be
			 used.
(3) The source of any
			 statistics used in an advertisement shall be identified in the
			 advertisement.
Stat. Auth.: ORS 731, ORS 743 & ORS 746
Stats. Implemented: ORS
				  742.009 & ORS
				  746.075
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 20 - ADVERTISEMENTS OF HEALTH INSURANCE › Section 836-020-0245 - Identification of Plan or Number of Policies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a choice of the amount of benefits
			 is referred to, an advertisement shall disclose that the amount of benefits
			 depends on the plan selected and that the premium will vary with the amount of
			 benefits selected.
(2) When an
			 advertisement refers to various benefits which may be contained in two or more
			 policies other than group master policies, the advertisement shall disclose
			 that such benefits are provided only through a combination of such
			 policies.
Stat. Auth.: ORS 731, ORS 743 & ORS 746
Stats. Implemented: ORS
				  742.009 & ORS
				  746.075
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 20 - ADVERTISEMENTS OF HEALTH INSURANCE › Section 836-020-0250 - Disparaging Comparisons and Statements

Current through Register Vol. 63, No. 7, July 1, 2024
An advertisement shall not directly or indirectly make unfair
				or incomplete comparisons of policies or benefits, or comparisons of
				non-comparable policies, of other insurers, shall not disparage other insurers
				or their policies, services or business methods, and shall not disparage or
				unfairly characterize other methods of marketing insurance.
Stat. Auth.: ORS 731, ORS 743 & ORS 746
Stats. Implemented: ORS
				  742.009 & ORS
				  746.075
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 20 - ADVERTISEMENTS OF HEALTH INSURANCE › Section 836-020-0255 - Licensed Jurisdictions and Status of Insurer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An advertisement which is intended to be
			 seen or heard beyond the limits of the jurisdictions in which the insurer is
			 licensed shall not imply licensing beyond those limits.
(2) An advertisement shall not create the
			 impression directly or indirectly that the insurer, its financial condition or
			 status, the payment of its claims, or the merits, desirability or advisability
			 of its policy forms or kinds or plans of insurance are approved, endorsed or
			 accredited by this state or the federal government or any agency or official of
			 either.
(3) If an advertisement
			 states either that the insurer or the policy being offered is approved or
			 licensed by this state or its Insurance Commissioner, it must also qualify the
			 statement with words:
"This does not constitute a recommendation or
			 endorsement of (this company) (this policy)"
or equivalent
			 words.
Stat. Auth.: ORS 731, ORS 743 & ORS 746
Stats. Implemented: ORS
				  742.009 & ORS
				  746.075
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 20 - ADVERTISEMENTS OF HEALTH INSURANCE › Section 836-020-0260 - Identity of Insurer and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The name of the actual insurer and,
			 except for general invitations to inquire about details of individual policies,
			 the form number or numbers of the policy advertised shall be clearly identified
			 in all advertisements.
(2) No
			 advertisement shall use any material, envelope, or combination of words or
			 symbols which, by content, phraseology, shape, color, or other characteristics,
			 is similar to material, envelopes, or combinations of words or symbols used by
			 an agency of the federal government or this state, or which is otherwise of
			 such a nature as to tend to confuse or mislead prospective insureds into
			 believing that the solicitation is connected with an agency of the federal or a
			 state government.
Stat. Auth.: ORS 731, ORS 743 & ORS 746
Stats. Implemented: ORS
				  742.009 & ORS
				  746.075
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 20 - ADVERTISEMENTS OF HEALTH INSURANCE › Section 836-020-0265 - Group or Quasi-Group Implication

Current through Register Vol. 63, No. 7, July 1, 2024
An advertisement of a particular policy shall not state or
				imply that prospective insureds become group or quasi-group members covered
				under a group policy and as such enjoy special rates or underwriting
				privileges, unless such is the fact.
Stat. Auth.: ORS 731, ORS 743 & ORS 746
Stats. Implemented: ORS
				  742.009 & ORS
				  746.075
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 20 - ADVERTISEMENTS OF HEALTH INSURANCE › Section 836-020-0270 - Introductory, Initial, or Special Offers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) An
			 advertisement shall not directly or by implication represent that a policy or
			 combination of policies is an introductory, initial, or special offer, that
			 applicants will receive substantial advantages not available at a later date,
			 or that the offer is available only to a specified group of individuals, unless
			 such is the fact. An advertisement shall not contain phrases describing an
			 enrollment period as "special" or "limited", or similar words or phrases, if
			 the insurer uses such enrollment periods as its usual method of marketing
			 health insurance;
(b) An enrollment
			 period during which a particular insurance coverage may be purchased on an
			 individual basis shall not be offered unless there has been a lapse of not less
			 than three months between the close of the immediately preceding enrollment
			 period for the same coverage and the opening of the new enrollment period. The
			 advertisement shall indicate the date by which the applicant must mail the
			 application, which shall be not less than ten days and not more than forty days
			 from the date that such enrollment period is advertised in this state for the
			 first time. This requirement applies to all advertising media used by the
			 insurer. It does not apply to solicitations of employees or members of a group
			 or association who are eligible under the Insurance Code for group, blanket, or
			 franchise health insurance. All affiliated insurers in a group of insurers
			 under common management or control are considered as one insurer for the
			 purpose of this paragraph. "A particular insurance coverage" refers for the
			 purpose of this paragraph to an insurance policy which provides substantially
			 different benefits than those contained in any other policy of the insurer.
			 Different terms of renewability, an increase or decrease in the dollar amount
			 of benefits or an increase or decrease in any elimination period or waiting
			 period from those available during an enrollment period for another policy
			 shall not be considered sufficient to constitute a different coverage which is
			 eligible for concurrent or overlapping enrollment periods.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 20 - ADVERTISEMENTS OF HEALTH INSURANCE › Section 836-020-0275 - Statements About an Insurer

Current through Register Vol. 63, No. 7, July 1, 2024
An advertisement shall not contain statements which are untrue
				in fact, or misleading by implication, with respect to the assets, corporate
				structure, financial standing, age, or relative position of the insurer in the
				insurance business. An advertisement shall not contain a recommendation by any
				commercial rating system unless it clearly indicates the purpose of the
				recommendation and the limitations of the scope and extent of the
				recommendation.
Stat. Auth.: ORS 731, ORS 743 & ORS 746
Stats. Implemented: ORS
				  742.009 & ORS
				  746.075
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 20 - ADVERTISEMENTS OF HEALTH INSURANCE › Section 836-020-0280 - Enforcement Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Advertising File. Each insurer shall maintain at its home or principal office a
			 complete file containing every advertisement prepared for its individual
			 policies, and typical advertisements prepared for its blanket, franchise and
			 group policies, for dissemination after the effective date of this rule in this
			 or any other state, whether or not licensed in such other state. A notation
			 shall be attached to each advertisement which shall indicate the manner and
			 extent of distribution and the form number of any individual policy advertised.
			 This file shall be available at all times for inspection by the Insurance
			 Commissioner. Advertisements shall be maintained in the file for a period of
			 four years or until the filing of the next regular report of examination of the
			 insurer, whichever is the longer period of time.
(2) Statement of Compliance. Each insurer
			 subject to this rule must file with its annual statement a statement of
			 compliance executed by an authorized officer of the insurer. The officer shall
			 state that, to the best of his knowledge, information and belief, the
			 advertisements disseminated by the insurer during the preceding calendar year
			 complied, or were made to comply, in all respects with this rule.
Stat. Auth.: ORS 731, ORS 743 & ORS 746
Stats. Implemented: ORS
				  742.009 & ORS
				  746.075
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 20 - ADVERTISEMENTS OF HEALTH INSURANCE › Section 836-020-0285 - Prior Approval

Current through Register Vol. 63, No. 7, July 1, 2024
No advertising which includes an application or enrollment form
				may be used without its prior approval by the Insurance
				Commissioner.
Stat. Auth.: ORS 731, ORS 743 & ORS 746
Stats. Implemented: ORS
				  742.009 & ORS
				  746.075
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 20 - ADVERTISEMENTS OF HEALTH INSURANCE › Section 836-020-0290 - Severability

Current through Register Vol. 63, No. 7, July 1, 2024
If any portion of this rule, or the applicability of this rule
				to any person or circumstance, is held invalid by a court, the remainder of the
				rule or the applicability of the rule to other persons or circumstances shall
				not be affected thereby.
Stat. Auth.: ORS 731, ORS 743 & ORS 746
Stats. Implemented: ORS
				  742.009 & ORS
				  746.075
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 20 - ADVERTISEMENTS OF HEALTH INSURANCE › Section 836-020-0295 - Effective Date

Current through Register Vol. 63, No. 7, July 1, 2024
This rule shall be effective March 15, 1973.
Stat. Auth.: ORS 731, ORS 743 & ORS 746
Stats. Implemented: ORS
				  742.009 & ORS
				  746.075
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 20 - ADVERTISEMENTS OF HEALTH INSURANCE › Section 836-020-0300 - Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 836-020-0300  to 836-020-0305  are adopted by the Director of the Department of
			 Insurance and Finance pursuant to the requirements of ORS
			 742.009,
			 743.010 and
			 743.013 (Section 2, Chapter 474,
			 Oregon Laws 1989).
(2) OAR
			 836-020-0300  to 836-020-0305  apply to solicitations of health insurance
			 occurring on or after September 1, 1990.
Stat. Auth.: ORS 731, ORS 742 & ORS 743
Stats. Implemented: ORS
				  742.009, ORS
				  743.010 & ORS
				  743.013
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 20 - ADVERTISEMENTS OF HEALTH INSURANCE › Section 836-020-0305 - Disclosure; Application for Coverage

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When an insurance producer or
			 representative of an insurer accepts an application for individual health
			 insurance coverage other than coverage described in section (2) of this rule,
			 the insurance producer or representative shall provide the applicant the
			 documents required under this section. In the case of direct response
			 solicitations of such individual health insurance coverage, the documents
			 required under this section must be provided in conjunction with any
			 application form. The following are the documents required to be provided under
			 this section:
(a) A completed disclosure
			 statement in the form shown in
Exhibit 1
to this rule;
(b) An outline of coverage in the form shown
			 for the applicable coverage in
Exhibit 2
to this rule. If the
			 offered policy provides coverage other than a coverage described in an outline
			 of coverage in
Exhibit 2
to this rule, the insurance producer or
			 representative or the direct response insurer must deliver an outline that has
			 first been approved by the Director under section (6) of this rule.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 20 - ADVERTISEMENTS OF HEALTH INSURANCE › Section 836-020-0770 - Authority, Purpose and Effective Date of OAR 836-020-0770to 836-020-0805

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 836-020-0770  to 836-020-0805 are adopted by the Director of the Department of
			 Consumer and Business Services pursuant to the authority of ORS
			 731.244 and
			 743.552, for the purpose of
			 implementing 743.549 and
			 743.552.
(2) The purpose of OAR 836-020-0770  to
			 836-020-0805 is to:
(a) Establish a uniform
			 order of benefit determination under which plans pay claims;
(b) Reduce duplication of benefits by
			 permitting a reduction of the benefits to be paid by plans that, as provided in
			 OAR 836-020-0770  to 836-020-0805, do not have to pay their benefits first;
			 and
(c) Provide greater efficiency
			 in the processing of claims when a person is covered under more than one
			 plan.