OAR 836-053-0009: Oregon Standard Bronze and Silver Health Benefit Plans for Plan Years 2014, 2015 and 2016

(1) This rule applies to plan years beginning January 1, 2014 through December 31, 2016. (2) As used in this rule, “coverage” includes medically necessary benefits, services, prescription drugs and medical devices. “Coverage” does not include coinsurance, copayments, deductibles, other cost sharing, provider networks, out-of-network coverage, wigs or administrative functions related to the provision of coverage, such as eligibility and medical necessity determinations. (3) For purposes of coverage required under this rule: (a) “Inpatient” includes but is not limited to: (A) Inpatient surgery; (B) Intensive care unit, neonatal intensive care unit, maternity and skilled nursing facility services; and (C) Mental health and substance abuse treatment. (b) “Outpatient” includes but is not limited to services received from ambulatory surgery centers and physician and anesthesia services and benefits when applicable. (c) “Habilitative benefits” means services and devices that help a person keep, learn, or improve skills and functioning for daily living (habilitative services). Examples include therapy for a child who is not walking or talking at the expected age. These services and devices must include physical and occupational therapy, speech-language pathology and other services and devices for people with disabilities in a variety of inpatient or outpatient settings. (d) A reference to a specific version of a code or manual, including but not limited to references to ICD-9, CPT, Diagnostic and Statistical Manual of Mental Disorders, DSM-IV TR, Fourth Edition; place of service and diagnosis includes a reference to a code with equivalent coverage under the most recent version of the code or manual. (4) When offering a plan required under ORS 743B.130, an issuer must use the following naming convention: “[Name of Issuer] Oregon Standard [Bronze/ Silver] Plan.” (5) Coverage required under ORS 743B.130 must be provided in accordance with the requirements of sections (6) to (11) of this rule. (6) Coverage must be provided in a manner consistent with the requirements of: (a) 45 CFR 156, except that actuarial substitution of coverage within an essential health benefits category is prohibited; (b) OAR 836-053-1404 and 836-053-1405; and (c) The federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008; (7) Coverage must provide essential health benefits as defined in OAR 836-053-0008. (8) Except when a specific benefit exclusion applies, or a claim fails to satisfy the issuer’s definition of medical necessity or fails to meet other issuer requirements the following coverage must be provided: (a) Ambulatory services based on the following Place of Service Codes: (A) 11 — Office; (B) 12 — Patient’s home; (C) 20 — Urgent care facility; (D) 22 — Outpatient hospital; (E) 24 — Ambulatory surgical center; (F) 25 — Birthing center; (G) 49 — Independent clinic; (H) 50 — Federally qualified health center; (I) 71 — State or local public health clinic; (J) 72 — Rural health clinic; (b) Emergency services based on Place of Service Code 23 — Emergency; (c) Hospitalization services based on Place of Service Code 21 — Hospital; (d) Maternity and newborn services based on the following ICD-9 codes: (A) V20 to V20.2; (B) V22 to V39; and (C) 630-677; (e) Rehabilitation and habilitation services based the following ICD-9 or CPT codes: (A) Physical Therapy/Professional: 97001-97002, 97010-97036, 97039, 97110, 97112, 97113-97116, 97122, 97128, 97139, 97140-97530, 97535, 97542, 97703, 97750, 97760, 97761-97762, 97799, and S9090; (B) Occupational Therapy/Professional: 97003-97004 and G0129 in addition to all physical therapy codes if performed by an occupational therapist; (C) Speech Therapy/Professional: 92507-92508, 92526, 92609-92610, and 97532 except ICD-9 784.49; (f) Laboratory services in the CPT code range 8XXXX; (g) All grade A and B United States Preventive Services Task Force preventive services, Bright Futures recommended medical screenings for children, Institute of Medicine recommended women's guidelines, and Advisory Committee on Immunization Practices recommended immunizations for children coverage must be provided without cost share; and (h) Prescription drug coverage at the greater of: (A) At least one drug in every United States Pharmacopeia (USP) category and class as the prescription drug coverage of the plan described in OAR 836-053-0008(1)(a); or (B) The same number of prescription drugs in each category and class as the prescription drug coverage of the plan described in OAR 836-053-0008(1)(a). (9) Copays and coinsurance for coverage required under ORS 743B.130 must comply with the following: (a) Non-specialist copays apply to physical therapy, speech therapy, occupational therapy and vision services when these services are provided in connection with an office visit. (b) Subject to the federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, specialist copays apply to specialty providers including, mental health and substance abuse providers, if and when such providers act in a specialist capacity as determined under the terms of the health benefit plan. (c) Coinsurance for emergency room coverage must be waived if a patient is admitted, at which time the inpatient coinsurance applies. (10) Deductibles for coverage required under ORS 743B.130 must comply with the following: (a) For a bronze plan, in accordance with the coinsurance, copayment and deductible amounts and coverage requirements for a bronze plan set forth in Exhibit 1 to this rule. The bronze plan deductible must be integrated applicable to prescription drugs and all services except preventive services. (b) For a silver plan, in accordance with the coinsurance, copayment and deductible amounts and coverage requirements for a silver plan set forth in Exhibit 1 to this rule. The silver plan deductible applies to all services except preventive services, office visits, urgent care, and prescription drugs. (c) The individual deductible applies to all enrollees, and the family deductible applies when multiple family members incur claims. (11) Dollar limits for coverage required under ORS 743B.130 must comply with the following: (a) Annual dollar limits must be converted to a non-dollar actuarial equivalent. (b) Lifetime dollar limits must be converted to a non-dollar actuarial equivalent.