reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 834 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BOARD OF LICENSED DIETITIANS › Division 50 - CONTINUING EDUCATION REQUIREMENTS FOR LICENSED DIETITIANS › Section 834-050-0010 - Continuing Education: Audit, Required Documentation and Sanctions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Office will audit a percentage of
			 licensees, as determined by the board, to verify compliance with CE requirements
			 of OAR 834-050-0000.
(2) Licensees
			 notified of selection for audit of CE attestation must submit to the Office
			 satisfactory evidence of participation in required CE in accordance with OAR
			 834-050-0000  within 30 calendar days from the date of issuance of the
			 notification.
(3) If selected for
			 audit, the licensee must provide the following documentation of the required CE:
(a) For Office pre-approved programs or
			 courses: A certificate of completion or other Office-approved documentation that
			 includes the Office pre-approval number;
(b) For courses provided by an accredited
			 college or university: An official transcript from the accredited college or
			 university; or
(c) For CDR approved
			 programs or courses: A completed CDR portfolio or state licensure verification
			 worksheet, which is available from CDR or the Office.
Oregon Administrative Rules › Chapter 834 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BOARD OF LICENSED DIETITIANS › Division 60 - STANDARD OF PRACTICE AND PROFESSIONAL CONDUCT › Section 834-060-0000 - Standards of Practice

Current through Register Vol. 63, No. 7, July 1, 2024
The board adopts the following standards of practice to establish and maintain a high standard of integrity and dignity in the profession of dietetic practice pursuant to ORS 691.405(1). A licensee must:
(1) Use systematically reviewed scientific evidence in making food and nutrition practice decisions by integrating best available evidence with professional expertise and client values to improve outcomes;
(2) Use accurate and relevant data and information to perform nutrition assessment and identify nutrition-related problems;
(3) Determine a nutrition diagnosis to identify and label specific nutrition problem(s) for which the dietitian provides medical nutrition therapy;
(4) Utilize nutrition intervention to identify and implement appropriate actions designed with the intent of changing a nutrition-related behavior, risk factor, environmental condition or aspect of health status for an individual, target group, or the community at large;
(5) Monitor and evaluate indicators and outcomes data directly related to the nutrition diagnosis, goals and intervention strategies to determine the progress made in achieving desired outcomes of nutrition care and whether planned interventions should be continued or revised;
(6) Document and communicate the Nutrition Care Process in a timely manner;
(7) Apply appropriate standards of quality and safety in food and nutrition services; and
(8) Consider the health, safety, and welfare of the clients and public at all times.
Stat. Auth.: ORS 691.475, 691.485
Stats. Implemented: ORS 691.435, 691.445, 691.475, 691.477, 691.479
Oregon Administrative Rules › Chapter 834 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BOARD OF LICENSED DIETITIANS › Division 60 - STANDARD OF PRACTICE AND PROFESSIONAL CONDUCT › Section 834-060-0010 - Standards of Professional Conduct

Current through Register Vol. 63, No. 7, July 1, 2024
The board adopts the following standards of professional conduct from the Academy of Nutrition and Dietetics Code of Ethics for the Profession of Dietetics, to protect the public from unprofessional conduct on the part of dietitians. A licensee must:
(1) Conduct herself or himself with honesty, integrity and fairness;
(2) Comply with all local, state, and federal laws and regulations concerning the practice of dietetics;
(3) Provide professional services with objectivity and with respect for the unique needs and values of individuals, avoiding discrimination and providing sufficient information to enable clients to make informed decisions;
(4) Not engage in false or misleading practices or communications and must remain free of conflict of interest; and
(5) Abide by the mandatory reporting obligations pursuant to ORS 676.150.
Stat. Auth.: ORS 691.475, 691.485
Stats. Implemented: ORS 691.435, 691.445, 691.475, 691.477, 691.479
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 1 - GENERAL DEFINITIONS › Section 836-001-0001 - Statutory Authority; Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 836-001-0001  and 836-001-0005, are adopted pursuant to the
				general rulemaking authority of the Insurance Commissioner in ORS
				731.244.
Stat. Auth.: ORS 731
Stats. Implemented: ORS
				  731.052 et seq. & ORS
				  731.244
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 1 - GENERAL DEFINITIONS › Section 836-001-0005 - Insurance Code Definitions Adopted

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions given in the Oregon Insurance Code govern the
				meaning of terms used in administrative rules adopted by the Insurance
				Commissioner, except where the context otherwise requires.
Stat. Auth.: ORS 731
Stats. Implemented: ORS
				  731.052 et seq. & ORS
				  731.244
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 5 - PROCEDURAL RULES › Section 836-005-0105 - Notice to Interested Persons of Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
Except when acting in an emergency to adopt a temporary rule in
				accordance with ORS 183.335(5), the
				Director of the Department of Consumer and Business Services will give prior
				notice of the proposed adoption, amendment, or repeal of an administrative rule
				by the Insurance Division:
(1) By
			 causing notice of the proposed action to be published once, in the Secretary of
			 State's Bulletin referred to in ORS
			 183.360, at least 21 days prior
			 to the effective date of the rule.
(2) By mailing copies of the notice to
			 persons on the Director's mailing list established by the Insurance Division
			 pursuant to ORS 183.335(7), at
			 least 28 days prior to the effective date of the rule.
(3) By mailing or delivering copies of the
			 notice to the Associated Press, the Daily Journal of Commerce and the Business
			 Journal.
(4) By mailing copies of
			 the notice to organizations and publications that may provide notice to persons
			 who may have an interest, such as the following, depending on the subject
			 matter of the proposal:
(a) Authorized
			 insurers;
(b) Independent Insurance
			 Agents of Oregon;
(c) Oregon
			 Association of Insurance and Financial Advisors;
(d) National Association of Independent
			 Insurers;
(e) American Insurance
			 Association;
(f) Alliance of
			 American Insurers;
(g) American
			 Council of Life Insurers;
(h)
			 America's Health Insurance Plans;
(i) Professional Insurance Agents of
			 Oregon/Idaho;
(j) Oregon
			 Association of Health Underwriters;
(k) Reinsurance Association of America;
(l) Insurance Information
			 Institute;
(m) National Council on
			 Compensation Insurance; and
(n)
			 Insurance Services Office.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 5 - PROCEDURAL RULES › Section 836-005-0107 - Model Rules of Procedure Governing Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
The Model Rules of Procedure, OAR 137-001-0005  to 137-005-0070,
				in effect on January 31, 2012, as promulgated by the Attorney General of the
				State of Oregon under the Administrative Procedures Act, are adopted as the
				rules of procedure for the Insurance Division.
The full text of the Attorney General's Model Rules of
				  Pro?cedures is available from the Office of the Attorney General or the
				  Insurance Division.
Stat. Auth.: ORS
				  183.341
Stats. Implemented: ORS
				  183.025,
				  183.090 &
				  183.310 -
				  183.550
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 5 - PROCEDURAL RULES › Section 836-005-0112 - Persons Represented by Authorized Representative

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A party or limited party participating in
			 a contested case hearing in which an insured appears under ORS
			 737.505 may be represented by
			 authorized representative of the party or limited party.
(2) On or before the first appearance in a
			 contested case by an authorized representative, the authorized representative
			 must provide the presiding officer a letter from the party or limited party
			 that authorizes the representative to appear on behalf of the party or limited
			 party.
(3) The presiding officer
			 may limit an authorized representative's presentation of evidence, examination
			 and cross-examination of witnesses or presentation of factual arguments to
			 ensure the orderly and timely development of the hearing record. The presiding
			 officer may not allow an authorized representative to present any legal
			 argument.
(4) As used in this rule:
(a) Authorized representative means a member
			 of a partnership that is a party or limited party in the contested case, an
			 authorized officer or regular employee of a corporation, association or
			 organized group that is a party or limited party in the contested case, or an
			 authorized officer or employee of a governmental authority other than a state
			 agency, that is a party or limited party in the contested case;
(b) Legal argument includes any argument on:
(A) The jurisdiction of the Department to
			 hear the contested case;
(B) The
			 constitutionality of a statute or rule or the application of a constitutional
			 requirements; or
(C) The
			 application of court precedent to the facts of the contested case.
(c) Legal argument does not
			 include any argument on:
(A) The application
			 of the facts to the statutes or rules that directly apply to the issues in the
			 contested case;
(B) Comparison of
			 prior actions of the Department;
(C) The literal meaning of the statutes or
			 rules that directly apply to the issues in the contested case; or
(D) The admissibility of evidence or the
			 correctness of procedures being followed.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 5 - PROCEDURAL RULES › Section 836-005-0400 - Annual Complaint Report

Current through Register Vol. 63, No. 7, July 1, 2024
The Director shall publish an annual statistical report on
				complaints against insurers as required under ORS
				731.264, according to the method
				established in this rule. Each report shall contain the number, percentage,
				type and disposition of complaints against each insurer that were closed by the
				Department of Consumer and Business Services during the reporting period. The
				report shall be based on the records of the Department of Consumer and Business
				Services. The report shall be structured as a cross tabulation of complaints
				closed during the reporting period, by complaint type and disposition, against
				each insurer with respect to whom one or more complaints were closed during the
				period for which the report is made.
Stat. Auth.: ORS 731
Stats. Implemented: ORS
				  731.264(3)
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 5 - PROCEDURAL RULES › Section 836-005-0405

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  731.264, 2016 Or Laws ch 62
				  (Enrolled Senate Bill 1591)
Stats. Implemented: ORS
				  731.264
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 6 - TAXATION › Section 836-006-0010 - Payment of Transition and Retaliatory Taxes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An insurer shall pay to the Director on
			 April 1 of each year the amount of retaliatory tax due and payable under ORS
			 731.854, on the basis of the
			 corporate excise tax obligation of the insurer that is owed or is estimated to
			 be owed by the insurer for the preceding year ending December 31.
(2) If a foreign insurer is unable to
			 determine the full amount of the tax that is due and payable under ORS
			 731.854 for the preceding year
			 ending December 31 when the tax is due on April 1, the insurer shall pay to the
			 Director on April 1 the amount it estimates to be due and payable under ORS
			 731.854. A foreign insurer shall
			 pay the amount owing or estimated to be owing regardless of whether its
			 domiciliary state has granted an extension or delay for filing or paying the
			 taxes owing in the domiciliary state.
(3) When a foreign insurer files with its
			 domiciliary state a final return that determines the amount of taxes owing to
			 that state for a particular year, the insurer shall also file with the Director
			 an amended return showing the amount of taxes owing to the State of Oregon or
			 due as a credit to the insurer. The foreign insurer shall pay any additional
			 tax shown to be due on the final return together with interest as required by
			 the Insurance Code on the taxes owing to the State of Oregon.
(4) If a foreign insurer amends its return
			 filed with its domiciliary state or files an amended Oregon excise tax return
			 so as to change the amount of the tax due and payable under ORS
			 731.854, the insurer shall pay
			 any additional tax owing to this state or shall be credited with any excess
			 previously paid.
(5) An insurer
			 shall pay taxes and other amounts due under this rule in accordance with forms
			 prescribed by the Director.
(6) For
			 purposes of this rule, "foreign insurer" also includes any alien insurer, and
			 "state" includes a country other than the United States.
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  731.854 & Ch. 786(2), OL
				  1995
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 6 - TAXATION › Section 836-006-0021 - Allocation of Consolidated Excise Tax for Purpose of Offsetting Retaliatory Taxes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the
			 excise tax owing by a consolidated group pursuant to ORS
			 317.710 and
			 317.715 is determined, the share
			 of the excise tax attributable to the member domestic insurer shall be
			 established as provided in this rule for the purpose of allocating shares of
			 the tax to member foreign insurers in order to calculate retaliatory taxes
			 owing under ORS 731.854.
(2) The consolidated group excise tax shall
			 be allocated to the domestic insurer in the proportion that the domestic
			 insurer's Oregon direct premiums written, wages and commissions, and real
			 estate income bear to the total Oregon direct premiums written, wages and
			 commissions, and real estate income for the consolidated group.
Stat. Auth.: ORS
				  731.244 & ORS
				  731.854
Stats. Implemented: ORS
				  731.854 & ORS
				  731.859
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 7 - ENFORCEMENT › Section 836-007-0001 - Actions by Director for Restitution or Other Equitable Relief

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this
			 rule:
(a) "Actual damages" means reasonably
			 foreseeable losses.
(b) "Consumer"
			 means an insured under a policy that is the subject of the enforcement action.
(c) "Equitable relief" means
			 injunctive relief, specific performance of a contract provision or specific
			 performance of a provision of the Insurance Code or rules implementing the
			 Insurance Code or applicable federal law.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 9 - FEES AND CHARGES › Section 836-009-0001 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of rules in OAR chapter 836, division 9 is to
				establish assessments, fees and charges for administering the regulatory
				program of the Insurance Division, Department of Consumer and Business
				Services.
Stat. Auth.: ORS
				  183.335,
				  293.445 &
				  731.804
Stats. Implemented: ORS
				  183.335(7)
				  & 731.804(1)-(2)
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 9 - FEES AND CHARGES › Section 836-009-0007 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following
			 fees apply to certificates of authority:
(a)
			 The fee for application for a certificate of authority to transact insurance as
			 an insurer is $2,500. The fee for application as a domestic insurer must be
			 paid when application for a permit to organize as a domestic insurer is made.
			 Otherwise, the fee must be paid when the application for the certificate is
			 made;
(b) The fee for annual
			 continuation of a certificate of authority issued under subsection (a) of this
			 section is $1,500;
(c) The fee for
			 obtaining a certificate of authority to transact insurance as a captive insurer
			 for the year the director first issues a certificate is $5,000. The fee for a
			 domestic insurer must be paid when application for a permit to organize as a
			 domestic insurer is made. Otherwise, the fee must be paid when the application
			 for the certificate is made;
(d)
			 The fee for annual renewal of a certificate of authority for a captive insurer
			 issued under subsection (d) of this section is $5,000;
(e) The fee for reinstatement of a
			 certificate of authority is $100.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 9 - FEES AND CHARGES › Section 836-009-0008 - Mailing List Fee

Current through Register Vol. 63, No. 7, July 1, 2024
The fee for inclusion of each entry on the Insurance Division
				mailing list established under ORS
				183.335 for giving notice of
				rulemaking is $35. The fee shall be paid annually. The fee established under
				this rule does not apply to any federal, state or local governmental
				entity.
Stat. Auth.: ORS 183 & 731
Stats. Implemented: ORS
				  183.335(7)
				  & 731.804(2)
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 9 - FEES AND CHARGES › Section 836-009-0011 - Assessments Against Insurers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 percentage rates for assessments authorized under ORS
			 731.804 against authorized
			 insurers shall be established as provided in this rule. An authorized insurer
			 shall pay an assessment on each line of insurance transacted by the insurer in
			 this state that is subject to assessment under
			 731.804. This rule provides for
			 establishment of a percentage rate for each of the following lines of
			 insurance:
(a) Life insurance;
(b) Health insurance;
(c) Property and casualty insurance. For
			 purposes of this rule, this line includes title insurance but does not include
			 workers' compensation insurance.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 9 - FEES AND CHARGES › Section 836-009-0015 - Refunds

Current through Register Vol. 63, No. 7, July 1, 2024
Except as provided by rule for fees and assessments under ORS
				731.804, when the Director
				determines that the Department has received moneys in excess of the amount
				legally due and payable to the Department under the Insurance Code or that the
				Department in carrying out its functions under the Insurance Code has received
				moneys to which it has no legal interest, if the amount of the refund owed by
				the Department is less than $10, the Department shall pay the refund only upon
				receipt of a written request from the person who paid the money or the legal
				repre-sentative thereof. The written request must be received by the Department
				not later than three years from the date the moneys were paid to the
				Department.
Stat. Auth.: ORS 293 & 731
Stats. Implemented: ORS
				  293.445(4)
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 9 - FEES AND CHARGES › Section 836-009-0020 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  743.960,
				  743.961 &
				  743.965
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 9 - FEES AND CHARGES › Section 836-009-0025 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  743.960,
				  743.961,
				  743.965 & 2009 OL Ch. 867,
				  § 8 (HB 2116)
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 9 - FEES AND CHARGES › Section 836-009-0030 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  743.960,
				  743.961,
				  743.965 & 2009 OL Ch. 867,
				  § 8 (HB 2116)
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 9 - FEES AND CHARGES › Section 836-009-0035 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  743.960,
				  743.961,
				  743.965 & 2009 OL Ch. 867,
				  § 8 (HB 2116)
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 9 - FEES AND CHARGES › Section 836-009-0040 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  743.960,
				  743.961,
				  743.965 & 2009 OL Ch. 867,
				  § 8 (HB 2116)
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 10 - GENERAL PROVISIONS › Section 836-010-0000 - Statutory Authority and Implementation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR 836-010-0000, 836-010-0011  and
			 836-010-0021  are adopted under the authority of ORS
			 731.244 and
			 731.296, to aid in giving effect
			 to provisions of ORS Chapters 737, 742 and 743 relating to the filing of rates
			 and policy forms with the Director. The requirements of OAR 836-010-0000,
			 836-010-0011  and 836-010-0021  are in addition to any other requirements
			 established by statute or by rule or bulletin of the Department.
(2) OAR 836-010-0000, 836-010-0011, and
			 836-010-0021  apply to all filings submitted or resubmitted to the Director on
			 or after May 1, 2002.
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  731.296,
				  737.205,
				  737.207,
				  742.001,
				  743.015 &
				  743.018
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 10 - GENERAL PROVISIONS › Section 836-010-0011 - Filing, Review of Rates and Forms

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in this section, this
			 rule applies to filings of all insurers, including health care service
			 contractors as defined in ORS
			 750.005, multiple employer
			 welfare arrangements as governed by 750.301 to 750.431 and fraternal benefit
			 societies as governed by ORS Chapter 748. This rule does not apply to:
(a) Purchasing group insurance
			 filings.
(b) Negotiated forms as
			 described in ORS 742.003, but only if each of the
			 negotiated forms is issued only to one policyholder, the insurer has determined
			 that the forms comply with benefits and coverages mandated by statute and the
			 forms have a company-assigned form number.
(c) Rates and forms approved by the
			 Interstate Insurance Product Regulation Commission under ORS
			 732.820.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 10 - GENERAL PROVISIONS › Section 836-010-0013 - Additional Filing Requirements for Transitional Health Benefit Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Under section
			 5, chapter 80, Oregon Laws 2014, a transitional health benefit plan must comply
			 with the Insurance Code as of December 31, 2013.
(2) In addition to the requirements of OAR
			 836-010-0000, 836-010-0011, and 836-010-0021  when submitting a filing for a
			 rate change to a transitional health benefit plan, the insurer shall comply
			 with the guidance for the applicable plan year as provided in Exhibits 1, 2 and
			 3 of this rule.
(3) The additional
			 filing requirements set forth in this section apply only to 2015, 2016 and 2017
			 transitional plans.
Exhibits referenced are not included in rule text.
Click
				  here for PDF copy exhibits
.
Stat. Auth: ORS
				  731.244 &
				  743.018
Stats. Implementing: 2014 OL Ch. 80, Sec. 5 (Enrolled SB
				  1582)
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 10 - GENERAL PROVISIONS › Section 836-010-0021 - Required Actuarial Data

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 insurer shall file with the Director, on or before March 15 of each year,
			 geographic average rates for small employer, portability and individual health
			 benefit plans for a rating period. The supporting actuarial data must be
			 submitted with the certificate of compliance. The geographic average rates must
			 demonstrate compliance with the applicable provisions of:
(a) ORS
			 743.737, governing small
			 employer premium rates;
(b) ORS
			 743.760, governing portability
			 premiums rates; and
(c) ORS
			 743.767, governing individual
			 premium rates.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 10 - GENERAL PROVISIONS › Section 836-010-0026 - Prohibition on the Use of Discretionary Clauses

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) As
			 used in this rule, "discretionary clause" means a policy provision that
			 purports to bind the claimant, or to grant deference to the insurer, in
			 proceedings subsequent to the insurer's decision, denial or interpretation of
			 terms, coverage or eligibility for benefits. "Discretionary clause" includes a
			 policy provision that provides any of the following:
(A) An insured or other claimant may not
			 appeal a denial of a claim;
(B)
			 The insurer's decision to deny coverage is binding upon a policyholder or other
			 claimant or is otherwise entitled to deference upon appeal or review;
(C) On appeal or review the
			 insurer's decision-making power as to coverage is binding or otherwise entitled
			 to deference;
(D) The insurer's
			 interpretation of the terms of a policy is binding upon a policyholder or other
			 claimant or is otherwise entitled to deference;
(E) On appeal the insurer's interpretation of
			 the terms of a policy is binding or is otherwise entitled to deference;
(F) A legal standard of review on
			 appeal that gives deference to the original claim decision, or gives rise to
			 such legal standard of review; or
(G) The insurer has sole discretion to
			 determine whether a claim is compensable or its interpretation of the
			 provisions of the policy is entitled to deference in a subsequent proceeding.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 10 - GENERAL PROVISIONS › Section 836-010-0051 - Requirements for Electronic Reporting or Response

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this rule:
(a) "Administrator" means the individual
			 responsible for a person's electronic account activation and
			 maintenance.
(b) "Contact" means
			 the individual responsible for electronic account administration, an electronic
			 report or electronic response.
(c)
			 "Contact Information" means:
(A)
			 Name;
(B) Title;
(C) Direct telephone number;
(D) Electronic mail address; and
(E) Mailing address.
(d) "Maintenance" means ensuring accurate and
			 current company and contact information, providing and updating user access and
			 performing other activities necessary for user submission of reports or
			 responses and timely communication with the Division of Financial
			 Regulation.
(e) "User" means an
			 individual with rights to access the person's electronic account.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 10 - GENERAL PROVISIONS › Section 836-010-0130 - Statutory Authority; Purpose; Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR 836-010-0130  to 836-010-0145 are
			 adopted pursuant to the general rulemaking authority of the Commissioner in ORS
			 731.244 to aid in the
			 effectuation and enforcement of ORS
			 731.438.
(2) The purpose of OAR 836-010-0130  to
			 836-010-0145 is to prescribe title plant standards for title
			 insurers.
(3) OAR 836-010-0130  to
			 OAR 836-010-0145 applies to all authorized title insurers.
Stat. Auth.: ORS 731
Stats. Implemented: ORS
				  731.438
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 10 - GENERAL PROVISIONS › Section 836-010-0135 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 836-010-0130  to 836-010-0145, unless the context
				requires otherwise:
(1) "Adequate
			 Maps" means:
(a) A map record of all recorded
			 plats in the county covered by the title plant;
(b) Maps based on a complete set of
			 government surveys showing all surveyed sections, government lots and donation
			 land claims within the county covered by the title plant;
(c) Maps of such a scale that they are
			 readily workable. In an area where the majority of the parcels are of less than
			 one sixteenth of a section, maps shall be of a scale no smaller than 400 feet
			 to the inch. A full section of land shall not be represented in a scale smaller
			 than 2,000 feet to the inch; and
(d) Maps showing all public streets, roads,
			 highways, and railroad rights of way of record which can be accurately located
			 by a reasonable search of the records.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 10 - GENERAL PROVISIONS › Section 836-010-0140 - Title Plant Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 title plant shall maintain "adequate maps" as defined in OAR 836-010-0135, that
			 will enable a person working the title plant to locate a tract of land which is
			 the subject of a title search with reference to the government survey system.
(2) The title plant shall maintain
			 a "general index," as defined in OAR 836-010-0135, in either alphabetical or
			 phonetical order, so that any record pertaining to any person by name may be
			 readily located.
(3) The title
			 plant shall maintain a "currently posted" "tract or geographic index" and
			 "general index" as defined in OAR 836-010-0135.
Stat. Auth.: ORS 731
Stats. Implemented: ORS
				  731.438
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 10 - GENERAL PROVISIONS › Section 836-010-0150 - Marriage of Same-Gender Couple Validly Performed

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule is adopted under the general
			 rulemaking authority of the Director of the Department of Consumer and Business
			 Services in ORS 731.244 to comply with the
			 United States Supreme Court decision in United States v. Windsor, 570 U.S. 12
			 (2013) and Geiger v. Kitzhaber, No. 6: 13-cv-01834-MC (D. Or. May 19,
			 2014).
(2) Any person or entity
			 subject to regulation by the Department of Consumer and Business Services under
			 the Insurance Code, must consider the marriage of a same-sex couple validly
			 performed the same as the person or entity considers any other marriage validly
			 performed.
(3) This rule applies to
			 any action or activity related to the transaction of insurance in
			 Oregon.
(4) Any privilege,
			 immunity, right or benefit granted under the Insurance Code to an individual
			 because the individual is or was married to an individual of the opposite sex,
			 is granted on equivalent terms, substantive and procedural, to an individual
			 who is or was a partner in a marriage of a same-sex couple validly
			 performed.
Stat. Auth.: ORS
				  731.244
Stat. Implemented: ORS
				  731.008,
				  731.016 &
				  731.236
Other Auth.: SCOTUS Decision in United States v. Windsor,
				  570 U.S. 12 (2013); Letter of Advice from Oregon Attorney General dated October
				  16, 2013; Geiger v. Kitzhaber, No. 6: 13-cv-01834-MC (D. Or. May 19, 2014).
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 10 - GENERAL PROVISIONS › Section 836-010-0155 - Gender Specific Contract Language

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this rule, "provider" includes
			 but is not limited to:
(a) A physician as
			 defined in ORS 677.010.
(b) A physician group, independent practice
			 association, physician-controlled organization, hospital organization or other
			 provider organization that contracts with a provider for the purpose of
			 facilitating the provider's participation in a provider network contract.
(c) A person licensed or certified
			 by the laws of this state to administer medical services or mental health
			 services in the ordinary course of business or practice of a profession. A
			 person grandfathered under the provisions of Section 3, chapter 674, Oregon
			 Laws 2015 (Enrolled Senate Bill 696) shall be considered licensed or certified
			 under this section.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 11 - ANNUAL STATEMENTS AND REPORTS BY INSURERS › Section 836-011-0000 - Annual Statement Blank and Instructions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purpose of complying with ORS
			 731.574,
			 every authorized insurer, including every health care service contractor and
			 multiple employer welfare arrangement, shall file its financial statement
			 required by ORS
			 731.574 on the annual statement blank prescribed by the director and approved for the
			 reporting year by the National Association of Insurance Commissioners, for the
			 type or types of insurance transacted by the insurer, and on the quarterly
			 statement blank prescribed by the director and approved for the reporting year
			 by the National Association of Insurance Commissioners, for the type or types
			 of insurance transacted by the insurer.
(2) Every authorized insurer, including every
			 health care service contractor and multiple employer welfare arrangement, shall
			 complete its annual statement blank and quarterly statement blank under section
			 (1) of this rule for the reporting years according to the applicable
			 instructions prescribed by the director and published for that year by the
			 National Association of Insurance Commissioners, for completing the blank, as
			 required by ORS
			 731.574.
(3) Every authorized insurer, including every
			 health care service contractor, shall file each annual statement supplement for
			 the reporting year, as required by the applicable instructions prescribed by
			 the director and published for that year by the National Association of
			 Insurance Commissioners, and shall complete the supplement according to those
			 instructions.
(4) The applicable
			 instructions prescribed by the director and published by the National
			 Association of Insurance Commissioners, referred to in this rule, are available
			 for inspection at the Department of Consumer and Business Services. Any person
			 interested in inspecting those instructions should contact the department at
			 web.inscomp@dcbs.oregon.gov.
(5)
			 Additional instructions for the filing of financial statements and reports by
			 type of insurance are posted under annual statement instructions on the
			 department's Division of Financial Regulation website at dfr.oregon.gov. Every
			 authorized insurer, including every health care service contractor and multiple
			 employer welfare arrangement, shall comply with such instructions as
			 applicable.
(6) The director's
			 decision to prescribe the use of forms and instructions for the filing of
			 financial statements for applicable reporting years shall be posted under
			 annual statement instructions on the department's Division of Financial
			 Regulation website at dfr.oregon.gov.
Statutory/Other Authority: ORS
				  731.244, ORS
				  731.574  & ORS
				  733.210
Statutes/Other Implemented: ORS
				  731.574  & ORS
				  733.210
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 11 - ANNUAL STATEMENTS AND REPORTS BY INSURERS › Section 836-011-0015 - Property and Casualty Actuarial Opinion of Reserves and Supporting Documentation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 authorized insurer transacting property or casualty insurance in this state,
			 unless otherwise exempted by the domiciliary commissioner, shall submit
			 annually to the Director of the Department of Consumer and Business Services
			 the opinion of an appointed actuary as provided in this section. The opinion
			 shall be entitled "Statement of Actuarial Opinion" and shall be filed in
			 accordance with the annual statement instructions adopted pursuant to OAR
			 836-011-0000.
(2)
(a) Every property and casualty insurer
			 domiciled in this state that is required to submit a Statement of Actuarial
			 Opinion under section (1) of this rule shall annually submit an actuarial
			 opinion summary, written by the insurer's appointed actuary. The actuarial
			 opinion summary shall be filed in accordance with the annual statement
			 instructions adopted pursuant to OAR 836-011-0000  and shall be considered as a
			 document supporting the actuarial opinion required under section (1) of this
			 rule.
(b) An insurer authorized to
			 transact insurance in this state but not domiciled in this state shall provide
			 the actuarial opinion summary upon request.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 11 - ANNUAL STATEMENTS AND REPORTS BY INSURERS › Section 836-011-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 836-011-0020  to 836-011-0024:
(1) "Insurance group" means those insurers
			 and affiliates included within an insurance holding company system as defined
			 in ORS 732.548.
(2) "Insurer" has the meaning given that term
			 in ORS 731.106 but does not include an
			 agency, authority or instrumentality of the United States, its possessions and
			 territories, the Commonwealth of Puerto Rico, the District of Columbia, or
			 another state or political subdivision of another state.
(3) "Senior Management" means any corporate
			 officer responsible for reporting information to the board of directors at
			 regular intervals or providing this information to shareholders or regulators
			 and shall include, for example and without limitation, the Chief Executive
			 Officer ("CEO"), Chief Financial Officer ("CFO"), Chief Operations Officer
			 ("COO"), Chief Procurement Officer ("CPO"), Chief Legal Officer ("CLO"), Chief
			 Information Officer ("CIO"), Chief Technology Officer ("CTO"), Chief Revenue
			 Officer ("CRO"), Chief Visionary Officer ("CVO"), or any other "C" level
			 executive.
Statutory/Other Authority: ORS
				  731.244
Statutes/Other Implemented: 2017 Oregon Laws, Chapter 479,
				  Section 5 (Enrolled Senate Bill 97)
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 11 - ANNUAL STATEMENTS AND REPORTS BY INSURERS › Section 836-011-0024 - Contents of Corporate Governance Annual Disclosure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The insurer or insurance group shall be
			 as descriptive as possible in completing the CGAD, with inclusion of
			 attachments or example documents that are used in the governance process, since
			 these may provide a means to demonstrate the strengths of their governance
			 framework and practices.
(2) The
			 CGAD shall describe the insurer's or insurance group's corporate governance
			 framework and structure including consideration of the following.
(a) The Board and various committees thereof
			 ultimately responsible for overseeing the insurer or insurance group and the
			 level(s) at which that oversight occurs (e.g. ultimate control level,
			 intermediate holding company, legal entity, etc.). The insurer or insurance
			 group shall describe and discuss the rationale for the current Board size and
			 structure; and
(b) The duties of
			 the Board and each of its significant committees and how they are governed
			 (e.g. bylaws, charters, informal mandates, etc.), as well as how the Board's
			 leadership is structured, including a discussion of the roles of Chief
			 Executive Officer (CEO) and Chairman of the Board within the
			 organization.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 11 - ANNUAL STATEMENTS AND REPORTS BY INSURERS › Section 836-011-0030 - Own Risk and Solvency Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For the purpose of complying with ORS
			 732.650 to
			 732.672, every insurer, or
			 insurance group of which the insurer is a member, shall use a process that is
			 comparable to the process described in the December 2017 edition of the NAIC
			 Own Risk and Solvency Assessment (ORSA) Guidance Manual.
(2) Every insurer required to submit an "Own
			 Risk" and "Solvency Assessment" summary report or combination of reports
			 without waiting for a request from the director of the Department of Consumer
			 and Business Services shall submit this information to the director each year
			 in accordance with the schedule established by the director and the
			 insurer.
(3) The NAIC Own Risk and
			 Solvency Assessment (ORSA) Guidance Manual referred to in this rule is
			 available for inspection at the Department of Consumer and Business
			 Services.
Statutory/Other Authority: ORS
				  731.244, ORS
				  732.650 & 732.662
Statutes/Other Implemented: ORS
				  732.650 &
				  732.662
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 11 - ANNUAL STATEMENTS AND REPORTS BY INSURERS › Section 836-011-0050 - Requirements for Segregation of Premium Received for Coverage Not Eligible for Federal Subsidies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As
			 used in this rule, "health insurer" means any insurer, fraternal benefit
			 society, health maintenance organization or health care service contractor
			 authorized to transact health insurance in Oregon and offering health benefit
			 plans through the Oregon Health Insurance Exchange.
(2) All domestic, foreign or alien health
			 insurers must: (a) Submit an annual assurance statement attesting that the
			 insurer complies with the requirement of section 1303 of the Affordable Care
			 Act; and (b) If the health benefit plan provides coverage of services that are
			 not eligible for federal funds furnished in the form of premium tax credits or
			 cost-sharing reductions, the health insurer also must comply with sections (3)
			 to (11) of this rule.
(3) In
			 addition to submitting an annual assurance statement, a health insurer that
			 offers a health benefit plan that provides coverage of services that are not
			 eligible for federal funds furnished in the form of premium tax credits or
			 cost-sharing reductions must obtain the prior written approval of the Director
			 of the Department of Consumer and Business Services of the health insurer's
			 accounting practice methodology for segregating premium allocated to a
			 termination of pregnancy benefit. This requirement applies only to qualified
			 insurers certified through the Oregon Health Insurance Exchange Corporation,
			 for qualified health plans issued on the Oregon Health Insurance
			 Exchange.
(4) The accounting
			 methodology required under section (3) of this rule must:
(a) Describe the accounting practices the
			 insurer will use to ensure segregation of federal funds for premium and claims
			 for nonexcepted termination of pregnancy benefits from other premium received
			 from an enrollee who receives a premium tax benefit or cost-sharing subsidy
			 pursuant to enrollment through the Oregon Health Insurance Exchange;
(b) Allocate the two types of premium to
			 separate accounts (allocation accounts);
(c) Ensure that claims for the nonexcepted
			 termination of pregnancy benefit are not paid from an allocation account into
			 which federal funds are placed; and
(d) Ensure strict separation of funds between
			 the allocation accounts, and include at least one allocation account solely for
			 the deposit of private premium dollars used to pay for abortion coverage, and a
			 second allocation account to process premium dollars paid for all other covered
			 benefits.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 11 - ANNUAL STATEMENTS AND REPORTS BY INSURERS › Section 836-011-0100 - Authority; Purpose; Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 836-011-0100  to 836-011-0230  are adopted by the Director pursuant to ORS
			 731.488. The purpose of OAR
			 836-011-0100  to 836-011-0230  is to improve the Director's surveillance of the
			 financial condition of insurers by requiring the following:
(a) An annual audit of financial statements
			 reporting the financial position and the results of operations of insurers by
			 independent certified public accountants;
(b) Communication of Internal Control Related
			 Matters Noted in an Audit; and
(c)
			 Management's Report of Internal Control over Financial Reporting.