OAR 836-053-0474: Process For Rate Filing for Individual and Small Employer Health Benefit Plans

(1)(a) Within 10 days after receiving a proposed table or schedule of premium rate filing, the director shall determine whether the proposed table or schedule of premium rate filing is complete. If the director determines that a filing is complete, the director must review the proposed schedule or table of premium rates in accordance with ORS 742.003, 742.005, 742.007 and 743.018. If the director determines that the filing is not complete, the director shall notify the insurer in writing that the filing is deficient and give the insurer an opportunity to provide the missing information. (b) If the filing is complete, the director shall open the 30-day public comment period. For purposes of determining the beginning of the public comment period, the date the carrier files a proposed schedule or table of premium rates shall be the date the director determines that the filing is complete. (2) Within 10 days after the close of the public comment period, the director shall issue a decision approving, disapproving or modifying the proposed table or schedule of premium rate filing. (3) If the director determines that an intervening event occurs prior to the effective date which uses the previously approved premium rates and that materially impacts the director’s previous decision under ORS 743.018(4), the director may reopen the public comment period previously established under 1(b) for the period of time, to the extent necessary to address the event. The department may not consider new facts or data that are offered as a substitute for the facts or data submitted by the insurer in the original filing. (4) At the beginning of the public comment period, the director must post on the Division of Financial Regulation website all materials submitted under section (2) of this rule.