OAR 836-053-0015: Definition of Small Employer

(1) This rule establishes the methodology for defining a small employer to be used in any instance in which the definition set forth in ORS 743B.005 would apply and in rules of the Department of Consumer and Business Services implementing the Insurance Code. (2) For purposes of determining the number of employees in a group health benefit plan, insurers and producers should follow: (a) For plan years beginning before January 1, 2024, the guidance entitled, “Revised Counting Methodology for Determining Small or Large Group,” as set forth in Exhibit A of this rule; and (b) For plan years beginning on or after January 1, 2024, the guidance entitled “Second Revised Counting Methodology for Determining Small or Large Group,” as set forth in Exhibit B of this rule. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.]