Or. Admin. Code § 409-070-0055 - Preliminary 30-Day Review of a Notice of Material Change Transaction
(1) Pursuant to ORS
415.501(5) and
after receipt of a complete notice of material change transaction in accordance
with OAR 409-070-0030(1)(a)
and OAR 409-070-0045(5),
the Authority must complete a preliminary review to determine whether the
proposed material change transaction meets one or more of the criteria set
forth in paragraph (2) of this rule. The Authority must, subject to OAR
409-070-0070, publish the notice
of material change transaction. For the duration of the preliminary review
period, the Authority must accept and publish public comments pertaining to the
material change transaction.
(2)
At the conclusion of the preliminary review described in paragraph (1) of this
rule, the Authority must approve, or approve with conditions as provided in OAR
409-070-0065, a material change
transaction, or, in the case of a material change transaction involving a
domestic health insurer, recommend to the Department that the transaction be
approved, if the Authority determines that the transaction meets one or more of
the following criteria:
(a) The material
change transaction is in the interest of consumers and is urgently necessary to
maintain the solvency of an entity involved in the transaction;
(b) The material change transaction is
unlikely to substantially reduce access to affordable health care in
Oregon;
(c) The material change
transaction is likely to meet the criteria set forth in OAR
409-070-0060;
(d) The material change transaction is not
likely to substantially alter the delivery of health care in Oregon;
or
(e) Comprehensive review of the
material change transaction is not warranted given the size and effects of the
transaction.
(3) If
after a preliminary review, the Authority does not approve or recommend for
approval, as applicable, a material change transaction in accordance with this
paragraph (2), the Authority must notify the parties and must thereafter
conduct a comprehensive review pursuant to OAR
409-070-0060.
(4) Unless extended by agreement among the
Authority and the parties to a proposed material change transaction, the
Authority must complete the preliminary review described in paragraph (1)
within 30 calendar days of the Authority's written confirmation of receipt of a
complete notice of material change transaction or on the first business day
thereafter if the 30th day is a weekend or state-recognized holiday. The
Authority must notify the parties at the conclusion of the preliminary review
period the results of the preliminary review. If the Authority fails to
complete such preliminary review within 30 calendar days of the Authority's
receipt of a complete notice of material change transaction, the proposed
material change transaction must be subject to the comprehensive review
procedure provided in OAR
409-070-0060.
Notes
Statutory/Other Authority: ORS 415.501
Statutes/Other Implemented: ORS 415.500 - 415.900
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.