OAR 836-010-0011: Filing, Review of Rates and Forms

(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. (2) An insurer must follow the applicable standards set forth on the website of the Division of Financial Regulation (DFR) at dfr.oregon.gov, when making rate and form filings, except that if the insurer files electronically on the System for Electronic Rates and Forms Filing, (SERFF), the insurer must comply with the Oregon standards set forth in SERFF. (3) An insurer must submit a completed certificate of compliance as provided on the Division of Financial Regulation (DFR) website with each filing of a new or revised rate and each filing of a new or amended form. The insurer must use the certificate of compliance furnished on the DFR website at dfr.oregon.gov/rates-forms/Documents/3894.pdf. The certificate of compliance must certify compliance with the applicable filing requirements and product standards set forth on the DFR website at dfr.oregon.gov or on the SERFF system for Oregon, if filed electronically. The certificate must be accompanied by the applicable product standards form. A certificate of compliance must be completed and signed by: (a) An officer of the insurer who is authorized by the insurer to do so; and (b) Signed by the filer who is specifically designated by the insurer to prepare and make the filing. (4) An insurer filing changes to a form or forms that were previously approved must highlight or otherwise visually call attention to the changes in new or revised forms and must submit a letter explaining the changes. (5) A filing received for prior approval by the department that does not contain a certificate of compliance and does not comply with the standards referenced in this rule is incomplete and will be returned to the insurer as disapproved. [ED. NOTE: Exhibits referenced are available from the agency.]