Oregon Administrative Rules
Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION
Division 53 - HEALTH BENEFIT PLANS
Section 836-053-0221 - Participation, Contribution, and Eligibility Requirements for Group Health Benefit Plans Including Small Group Health Benefit Plans
Universal Citation: OR Admin Rules 836-053-0221
Current through Register Vol. 63, No. 9, September 1, 2024
(1) For every group health benefit plan, a carrier that chooses to enforce participation, contribution or eligibility requirements must:
(a) Specify in the plan
all of participation, contribution and eligibility requirements that have been
agreed upon by the carrier and the group; and
(b) Apply the participation and eligibility
requirements uniformly to all categories of eligible members and their
dependents.
(2) For a small group health benefit plan, a carrier:
(a) May establish and apply contribution
requirements for different categories of members and dependents that exceed the
minimum contribution;
(b) Must
apply participation requirements on an aggregate basis in which all categories
of eligible employees of a small employer are combined;
(c) Must apply participation and eligibility
requirements uniformly to all small employers with the same number of eligible
employees;
(d) If a carrier
requires 100 percent participation of eligible employees in a small group
health benefit plan, the carrier may not impose a contribution requirement upon
the employer that exceeds 50 percent of the premium of an employee-only benefit
plan; and
(e) Except as provided
in this subsection, a carrier may not increase any requirement for minimum
employee participation or any requirement for minimum employer contribution
applicable to a small employer except at plan anniversary. At plan anniversary,
the carrier may increase the requirements only to the extent those requirements
are applicable to all other small employer groups of the same size. At the
anniversary of a plan or at any time other than the anniversary, a small
employer carrier may consider the existing small group as a new group for
purposes of coverage if the eligibility requirements applicable to the group
are changed by the employer.
(3) Violation of this rule is an unfair trade practice under ORS 746.240.
Stat. Auth.: ORS 731.244 & 743.751
Stats. Implemented: Sec. 7, Ch. 681, OL 2013, ORS 743.522, 743.730- 743.754 & 746.240
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