Current through Register Vol. 63, No. 9, September 1, 2024
(1) Any health care
entity shall:
(a) Submit to the Authority a
notice of material change transaction not involving an activity described in
ORS 732.521 with respect to a
domestic health insurer. The notice shall contain the information required
under OAR 409-070-0045.
(b) Submit to the Department a notice of
material change transaction for an activity described in ORS
732.521 with respect to a
domestic health insurer. The notice shall be submitted as an addendum to
filings required by ORS
732.517 to ORS
732.546 or ORS
732.576. The Department shall
promptly provide to the Authority the notice submitted under this subsection to
enable to the Authority to conduct its review in accordance with OAR
409-070-0035.
(2) The notice of material change
transaction required under paragraph (1) of this rule shall be filed not fewer
than 180 calendar days prior to the proposed effective date of the material
change transaction. For purposes of OAR
409-070-0000 to OAR
409-070-0085, the effective date
of a material change transaction is the date when the proposed transaction will
be consummated or closed. If the Authority determines that a health care entity
has failed to timely file a notice of material change transaction pursuant to
this subsection, the Authority may refer the health care entity to the Oregon
Department of Justice.
(3)
Effective January 1, 2023, a fee shall be paid to the Authority in connection
with a notice of material change transaction filed under this rule on or after
January 1, 2023.
(a) The fee amount shall be
$2,000 for an emergency transaction in accordance with OAR
409-070-0022 or a preliminary
review in accordance with OAR
409-070-0055.
(b) The fee amount for a comprehensive review
shall be based on the average annual revenue or projected revenue, as
applicable, in accordance with OAR
409-070-0015(1),
of the following entity (the "smaller entity"):
(A) For transactions between two entities,
the entity with smaller revenue; or
(B) For transactions involving more than two
entities, the entity with the second largest average annual revenue.
(c) Comprehensive review fees
shall be determined as follows:
(A) For
transactions in which the revenue of the smaller entity is greater than or
equal to $10 million and less than $50 million, the fee shall be
$25,000.
(B) For transactions in
which the revenue of the smaller entity is greater than or equal to $50 million
and less than $200 million, the fee shall be $80,000.
(C) For transactions in which the revenue of
the smaller entity is greater than or equal to $200 million and less than $500
million, the fee shall be $90,000.
(D) For transactions in which the revenue of
the smaller entity is greater than or equal to $500 million, the fee shall be
$100,000.
(d) The fee
amount for a comprehensive review includes the fee associated with the
preliminary review.
(e) For
purposes of this rule, "revenue" includes projected revenue, if applicable in
accordance with OAR 409-070-0015(1)(b)(B).
