Oregon Administrative Rules
Chapter 409 - OREGON HEALTH AUTHORITY, HEALTH POLICY AND ANALYTICS
Division 70 - HEALTH CARE MARKET OVERSIGHT PROGRAM
Section 409-070-0035 - Material Change Transaction Involving a Domestic Health Insurer

Universal Citation: OR Admin Rules 409-070-0035

Current through Register Vol. 63, No. 9, September 1, 2024

(1) The Authority shall review a proposed material change transaction for an activity described in ORS 732.521 with respect to a domestic health insurer pursuant to the procedures set forth in OAR 409-070-0055 (preliminary review) and, if applicable, OAR 409-070-0060 (comprehensive review).

(a) At the conclusion of the preliminary review period provided in OAR 409-070-0055, the Authority shall report to the Department:
(A) The results of the Authority's review under OAR 409-070-0055; or

(B) That the Authority intends to review the proposed material change transaction under OAR 409-070-0060, including whether the Authority intends to appoint a community review board pursuant to OAR 409-070-0062.

(b) If the Authority reviews the proposed material change transaction under OAR 409-070-0060, it shall promptly provide to the Department the results of its review not later than the period specified in OAR 409-070-0060.

(c) The periods for review under OAR 409-070-0055 and OAR 409-070-0060 shall begin running upon the Authority's receipt from the Department of a complete notice of material change transaction as required under OAR 409-070-0030(1)(b) and subject to OAR 409-070-0045(5).

(2) The Department shall receive and consider the results of the Authority's review prior to entering its decision on the proposed material change transaction. The Department shall coordinate with the Authority to incorporate the results of the Authority's review into the final determination issued by the Department pursuant to ORS 732.528 or ORS 732.542, as applicable.

(3) The filing of a notice of material change transaction that is subject to review by each of the Authority and the Department under this rule shall be deemed to include an express consent to the sharing between the Authority and the Department of confidential material submitted in connection with such proposed material change transaction. Confidential material provided by any party in connection with such proposed material change transaction shall be maintained as confidential material in accordance with ORS 705.137 and ORS 415.103, and OAR 409-070-0070, and may be shared between the Authority and the Department pursuant to ORS 705.137(3)(b) & (c) and (4), and ORS 192.355(1), (9), (10) and (31), as applicable. Such sharing shall not constitute a waiver of the confidential status of such materials.

Statutory/Other Authority: ORS 415.501

Statutes/Other Implemented: ORS 415.500 to 415.900

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