Current through Register Vol. 63, No. 9, September 1, 2024
(1) Pursuant to ORS
415.501(8)(a),
the Authority, for good cause shown, may exempt an otherwise covered
transaction from review if the Authority finds that:
(a) There is an emergency situation,
including but not limited to a public health emergency, which immediately
threatens health care services; and
(b) The transaction is urgently needed to
protect the interest of consumers and to preserve the solvency of an entity
other than a domestic health insurer.
(2) If a proposed transaction would otherwise
be subject to review because it involves a change in control of a domestic
health insurer, the Department, in consultation with the Authority, for good
cause shown, may exempt the transaction from review if the Department finds
that:
(a) There is an emergency situation,
including but not limited to a public health emergency, which immediately
threatens health care services; and
(b) The transaction is urgently needed to
protect the interest of consumers and to preserve the solvency of the domestic
health insurer.
(3) An
applicant for emergency exemption under paragraph (1) of this rule shall
provide the Authority, and an applicant for emergency exemption under paragraph
(2) of this rule shall provide the Department, with the following:
(a) A detailed explanation of the grounds for
the application, including a complete statement of the facts, circumstances and
conditions which justify emergency exemption and the conditions necessitating
immediate relief;
(b) A detailed
explanation of all the terms, conditions and agreements that comprise the
transaction and the manner in which such terms, conditions and agreements will
respond to the conditions necessitating expedited consideration of the
exemption application;
(c) A
detailed explanation of the reasons why the transaction is in the public
interest and in the interest of those consumers and markets that are or will be
served by the parties following closing of the transaction;
(d) If the application for emergency
exemption requires or otherwise is based upon, in whole or in part, a
disclaimer of a rebuttable presumption of control, the application shall
include a disclaimer of control meeting the requirements of OAR
409-070-0025;
(e) Such additional information, documents
and analysis as the Authority or the Department, as applicable, may require in
order to evaluate the application and the asserted grounds for emergency
exemption;
(f) An undertaking by
the parties to make such further filings with, and submit such further
information to, the Authority or the Department, as applicable and to cooperate
with and assist the Authority or the Department, as applicable, in conducting
such further investigations, hearings and examinations, as may be required
following the allowance of emergency exemption for the transaction;
(g) Payment of a fee in accordance with OAR
409-070-0030; and
(h) An undertaking by the parties to
reimburse the Authority for expenses described in OAR
409-070-0050.
(4) The Authority with respect to
an application filed under paragraph (1) of this rule, and the Department with
respect to an application filed under paragraph (2) of the rule, shall:
(a) Provide a period for the filing of
comments in respect of the application unless the Authority or the Department,
as applicable, determines that:
(A) The
public interest in providing comments is outweighed by the interest in
confidentiality of the applicant for emergency exemption; or
(B) the nature of the emergency situation
presented and the urgency of the need for emergency exemption will not allow
time for the filing and consideration of comments.
(b) Provide the applicant with ten calendar
days' advance notice prior to posting the application for public
comment.
(5) The
Department shall promptly provide an application filed under paragraph (2) of
this rule to the Authority, and such an application shall be deemed to include
an express consent to the sharing between the Authority and the Department of
such application and all material in connection therewith.
(6) The Authority will publish from time to
time a list of other categories or types of transactions that shall be exempt
from review under these rules.
(7)
An applicant for emergency exemption may contest the Authority's determination
as provided in OAR 409-070-0075. Unless otherwise
ordered in the course of such proceedings, the time periods for preliminary and
comprehensive review of the transaction under OAR
409-070-0055 or OAR
409-070-0060 shall remain
applicable, without abatement or reduction, in the event a preliminary or
comprehensive review of the transaction is thereafter required.
(8) For emergency transactions that the
Authority exempts from review, the Authority will publish the entity names and
type of the covered transaction no less than 6 months after the transaction has
consummated or closed.
Statutory/Other Authority: ORS
415.501
Statutes/Other Implemented: ORS
415.500 to
415.900
