Bill Text: OR HB3458 | 2013 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to insurance; and declaring an emergency.

Spectrum: Committee Bill

Status: (Passed) 2013-07-29 - Chapter 698, (2013 Laws): Effective date July 29, 2013. [HB3458 Detail]

Download: Oregon-2013-HB3458-Amended.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

HA to HB 3458

LC 3718/HB 3458-2

                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3458

                   By COMMITTEE ON HEALTH CARE

                             April 3

  On page 1 of the printed bill, delete lines 10 through 30 and
delete page 2.
  On page 3, delete lines 1 through 26 and insert:

                                '
 { +  ESTABLISHMENT OF THE + }
                               { +
OREGON REINSURANCE PROGRAM + }

  '  { +  SECTION 1. + }  { + The Oregon Reinsurance Program is
established in the Oregon Health Authority. The program shall be
administered by the Oregon Medical Insurance Pool Board, created
in ORS 735.610, for the purposes of stabilizing the rates and
premiums for individual health benefit plans and providing
greater financial certainty to consumers of health insurance in
this state by providing state reinsurance payments to insurers
from assessments described in section 2 of this 2013 Act. + }
  '  { +  SECTION 2. + }  { + (1) As used in this section,
section 1 of this 2013 Act and ORS 735.610:
  ' (a) 'Health benefit plan' has the meaning given that term in
ORS 743.730.
  ' (b) 'Insurer' means an insurer described in ORS 735.605
(4)(a), (b) and (d).
  ' (c) 'Program' means the Oregon Reinsurance Program
established in section 1 of this 2013 Act.
  ' (d) 'Reinsurance eligible health benefit plan' means a health
benefit plan providing individual coverage that:
  ' (A) Is delivered or issued for delivery in this state;
  ' (B) Is not a grandfathered health plan as defined in ORS
743.730; and
  ' (C) Meets the criteria prescribed by the Oregon Medical
Insurance Pool Board under subsection (2) of this section.
  ' (e) 'Reinsurance eligible individual' means an individual who
is insured on or before April 1, 2014, under a reinsurance
eligible health benefit plan and who, on December 31, 2013, was:
  ' (A) Enrolled in the Oregon Medical Insurance Pool created in
ORS 735.610 or the Temporary High Risk Pool Program established
in section 1, chapter 47, Oregon Laws 2010;
  ' (B) Insured under a portability health benefit plan as
defined in ORS 743.760; or
  ' (C) Reinsured under the reinsurance program for children's
coverage described in ORS 735.614 (1)(b).
  ' (2) The board shall prescribe by rule the criteria for a
health benefit plan to qualify for reinsurance payments under the
program. The criteria must be consistent with requirements for:
  ' (a) Premium rates under 42 U.S.C. 300gg;
  ' (b) Guaranteed availability under 42 U.S.C. 300gg-1;
  ' (c) Guaranteed renewability under 42 U.S.C. 300gg-2;
  ' (d) Coverage of essential health benefits under 42 U.S.C.
18022; and
  ' (e) Using a single risk pool under 42 U.S.C. 18032(c).
  ' (3) An issuer of a reinsurance eligible health benefit plan
becomes eligible for a reinsurance payment when the claims costs
for a reinsurance eligible individual's covered benefits in a
calendar year exceed the attachment point. The amount of the
payment shall be the product of the coinsurance rate and the
issuer's claims costs for the reinsurance eligible individual's
claims costs that exceed the attachment point, up to the
reinsurance cap, as follows:
  ' (a) For 2014:
  ' (A) The attachment point is $30,000.
  ' (B) The reinsurance cap is $300,000.
  ' (C) Except as provided in paragraph (b) of this subsection,
the coinsurance rate is:
  ' (i) Ten percent for claims costs above $60,000 and up to and
including $250,000; and
  ' (ii) Ninety percent for claims costs from $30,000 and up to
and including $60,000 and above $250,000.
  ' (b) The board may lower the coinsurance rate if the
reinsurance claims incurred exceed the total amount of the
assessments collected under subsection (4) of this section.
  ' (c) The board shall adopt by rule an attachment point,
reinsurance cap and coinsurance rate for calendar years 2015 and
2016 that complement the federal reinsurance program
requirements, so that the reinsurance claims do not exceed the
total amount of the assessments collected under subsection (4) of
this section.  After the rules required under this paragraph are
adopted for a calendar year, the board may not:
  ' (A) Change the attachment point or the reinsurance cap
adopted for that calendar year; or
  ' (B) Increase the coinsurance rate adopted for that calendar
year.
  ' (4) The board shall impose an assessment on all insurers at a
rate that is expected to produce an amount of funds sufficient to
pay administrative expenses and to make reinsurance payments that
are due to issuers of reinsurance eligible health benefit plans
in a calendar year, but not greater than the rate that would be
expected to produce funds totaling the lesser of:
  ' (a) An amount per month multiplied by the number of insureds
and certificate holders in this state who are insured or
reinsured; or
  ' (b) The total assessment set forth in subsection (5) of this
section.
  ' (5) The amount per month and total assessment on all insurers
are as follows:
  ' (a) For calendar year 2014, the amount per month is $4 and
the total assessment is $72 million.
  ' (b) For calendar year 2015, the amount per month is $3.50 and
the total assessment is $63 million.
  ' (c) For calendar year 2016, the amount per month is $2.20 and
the total assessment is $40 million.
  ' (6) In determining the number of insureds and certificate
holders in this state who are insured or reinsured, the board
shall exclude individuals with the following types of coverage:
  ' (a) The medical assistance program under ORS chapter 414;
  ' (b) Medicare;
  ' (c) Disability income insurance;
  ' (d) Hospital-only insurance;
  ' (e) Dental-only insurance;
  ' (f) Vision-only insurance;
  ' (g) Accident-only insurance;
  ' (h) Automobile insurance;
  ' (i) Specific disease insurance;
  ' (j) Medical supplemental plans;
  ' (k) TRICARE;
  ' (L) Prescription drug only plans;
  ' (m) Long term care insurance; and
  ' (n) Federal Employees Health Benefits Program.
  ' (7) If the board collects assessments that exceed the amount
necessary to pay administrative expenses and to make all of the
reinsurance payments that are due to issuers of reinsurance
eligible health benefit plans in calendar years 2014, 2015 and
2016, the board shall refund the excess, on a pro rata basis, to
insurers who are subject to the assessment imposed by subsection
(4) of this section.
  ' (8) The board may not impose an assessment under subsection
(4) of this section for calendar years beginning with 2017.
  ' (9) All moneys received or collected by the board under this
section shall be paid into the Oregon Medical Insurance Pool
Account established in ORS 735.612.
  ' (10) The board, in consultation with the Department of
Consumer and Business Services, may adopt rules necessary to
carry out the provisions of this section including, but not
limited to, rules prescribing:
  ' (a) The eligibility requirements for participation in the
program by an issuer of a reinsurance eligible health benefit
plan;
  ' (b) The form and manner of issuing notices of assessment
amounts;
  ' (c) The amount, manner and frequency of the payment and
collection of assessments;
  ' (d) The amount, manner and frequency of reinsurance payments;
and
  ' (e) Reporting requirements for insurers subject to the
assessment and for issuers of reinsurance eligible health benefit
plans. + } ' .
  In line 27, delete 'Section 4 of this 2013 Act is' and insert
'Sections 4 and 4a of this 2013 Act are'.
  In line 31, delete 'Supplemental'.
  In line 38, delete 'Supplemental'.
  After line 39, insert:
  '  { +  SECTION 4a. + }  { + In a rate filing under ORS
743.018, an insurer must identify the impact of:
  ' (1) State reinsurance payments under section 2 of this 2013
Act and federal reinsurance payments on projected claims costs
and in the development of rates; and
  ' (2) Assessments imposed under section 2 of this 2013 Act on
rates. + } ' .
  On page 6, line 29, delete 'Supplemental'.
  On page 7, delete lines 7 through 45.
  On page 8, delete lines 1 through 13 and insert:
  '  { +  SECTION 6. + } ORS 735.610 is amended to read:
  ' 735.610. (1) There is created in the Oregon Health Authority
the Oregon Medical Insurance Pool Board. The board shall
establish the Oregon Medical Insurance Pool and otherwise carry
out the responsibilities of the board under ORS 735.600 to
735.650  { +  and sections 1, 2 and 4 of this 2013 Act + }.
  ' (2) { + (a) + } The board shall consist of   { - 10 - }  { +
12 + } individuals,
  { - eight - }  { +  10 + } of whom shall be appointed by the
Director of the Oregon Health Authority. The Director of the
Department of Consumer and Business Services or the director's
designee and the Director of the Oregon Health Authority or the
director's designee shall be members of the board. The chair of
the board shall be elected from among the members of the board.
The board shall at all times, to the extent possible, include at
least { + :
  ' (A) + } One representative of a domestic insurance company
licensed to transact health insurance  { - , - }  { + ;
  ' (B) + } One representative of a domestic not-for-profit
health care service contractor  { - , - }  { + ;

  ' (C) + } One representative of a health maintenance
organization  { - , - }  { + ; + }  { +
  ' (D) + } One representative of reinsurers { + ; + } and  { +
  ' (E) + }   { - two - }  { +  Four + } members of the general
public { + :
  ' (i) + } Who are not associated with the medical profession, a
hospital or an insurer  { - . - }  { + ; and
  ' (ii) Two of whom represent businesses that purchase health
insurance coverage that is subject to the assessments under
section 2 of this 2013 Act.
  ' (b) + } A majority of the voting members of the board
constitutes a quorum for the transaction of business. An act by a
majority of a quorum is an official act of the board.
  ' (3) The Director of the Oregon Health Authority may fill any
vacancy on the board by appointment.
  ' (4) The board shall have the   { - general powers and
authority under the laws of this state granted to insurance
companies with a certificate of authority to transact health
insurance and the - } specific authority to:
  ' (a) Enter into such contracts as are necessary or proper to
carry out the provisions and purposes of ORS 735.600 to 735.650
including the authority to enter into contracts with similar
pools of other states for the joint performance of common
administrative functions, or with persons or other organizations
for the performance of administrative functions;
  ' (b) Recover any assessments for, on behalf of, or against
insurers;
  ' (c) Take such legal action as is necessary to avoid the
payment of improper claims against the pool or the coverage
provided by or through the pool;
  '  { - (d) Establish appropriate rates, rate schedules, rate
adjustments, expense allowances, insurance producers' referral
fees, claim reserves or formulas and perform any other actuarial
function appropriate to the operation of the pool. Rates may not
be unreasonable in relation to the coverage provided, the risk
experience and expenses of providing the coverage. Rates and rate
schedules may be adjusted for appropriate risk factors such as
age and area variation in claim costs and shall take into
consideration appropriate risk factors in accordance with
established actuarial and underwriting practices; - }
  '  { - (e) Issue policies of insurance in accordance with the
requirements of ORS 735.600 to 735.650; - }
  '  { - (f) - }  { +  (d) + } Appoint from among insurers
appropriate actuarial and other committees as necessary to
provide technical assistance in the operation of the pool  { - ,
policy and other contract design - }  { +  and the Oregon
Reinsurance Program + }, and  { + for + } any other function
within the authority of the board;
  '  { - (g) - }  { +  (e) + } Seek advances to effect the
purposes of the pool  { +  and the program + }; and
  '  { - (h) - }  { +  (f) + } Establish rules, conditions and
procedures for reinsuring risks under ORS 735.600 to 735.650 { +
and the operation of and participation of issuers of reinsurance
eligible health benefit plans in the program + }.
  ' (5) Each member of the board is entitled to compensation and
expenses as provided in ORS 292.495.
  ' (6) The Director of the Oregon Health Authority shall adopt
rules, as provided under ORS chapter 183, implementing policies
recommended by the board for the purpose of carrying out ORS
735.600 to 735.650 { +  and sections 1, 2 and 4 of this 2013
Act + }.
  ' (7) In consultation with the board, the Director of the
Oregon Health Authority shall employ such staff and consultants
as may be necessary for the purpose of carrying out
responsibilities under ORS 735.600 to 735.650 { +  and sections
1, 2 and 4 of this 2013 Act + }.'.
  In line 15, delete 'Supple-'.
  In line 16, delete 'mental'.
  In line 24, delete 'Supplemental'.
  Delete lines 30 through 45 and delete page 9.
  On page 10, delete lines 1 through 3 and insert:
  '  { +  SECTION 9. + } ORS 291.055 is amended to read:
  ' 291.055. (1) Notwithstanding any other law that grants to a
state agency the authority to establish fees, all new state
agency fees or fee increases adopted during the period beginning
on the date of adjournment sine die of a regular session of the
Legislative Assembly and ending on the date of adjournment sine
die of the next regular session of the Legislative Assembly:
  ' (a) Are not effective for agencies in the executive
department of government unless approved in writing by the
Director of the Oregon Department of Administrative Services;
  ' (b) Are not effective for agencies in the judicial department
of government unless approved in writing by the Chief Justice of
the Supreme Court;
  ' (c) Are not effective for agencies in the legislative
department of government unless approved in writing by the
President of the Senate and the Speaker of the House of
Representatives;
  ' (d) Shall be reported by the state agency to the Oregon
Department of Administrative Services within 10 days of their
adoption; and
  ' (e) Are rescinded on adjournment sine die of the next regular
session of the Legislative Assembly as described in this
subsection, unless otherwise authorized by enabling legislation
setting forth the approved fees.
  ' (2) This section does not apply to:
  ' (a) Any tuition or fees charged by the State Board of Higher
Education and the public universities listed in ORS 352.002.
  ' (b) Taxes or other payments made or collected from employers
for unemployment insurance required by ORS chapter 657 or premium
assessments required by ORS 656.612 and 656.614 or contributions
and assessments calculated by cents per hour for workers'
compensation coverage required by ORS 656.506.
  ' (c) Fees or payments required for:
  ' (A) Health care services provided by the Oregon Health and
Science University, by the Oregon Veterans' Homes and by other
state agencies and institutions pursuant to ORS 179.610 to
179.770.
  ' (B) Assessments   { - and premiums paid to - }  { +  imposed
by + } the Oregon Medical Insurance Pool   { - established by ORS
735.614 and 735.625 - }  { +  Board under section 2 of this 2013
Act + }.
  ' (C) Copayments and premiums paid to the Oregon medical
assistance program.
  ' (D) Assessments paid to the Department of Consumer and
Business Services under ORS 743.951 and 743.961.
  ' (d) Fees created or authorized by statute that have no
established rate or amount but are calculated for each separate
instance for each fee payer and are based on actual cost of
services provided.
  ' (e) State agency charges on employees for benefits and
services.
  ' (f) Any intergovernmental charges.
  ' (g) Forest protection district assessment rates established
by ORS 477.210 to 477.265 and the Oregon Forest Land Protection
Fund fees established by ORS 477.760.
  ' (h) State Department of Energy assessments required by ORS
469.421 (8) and 469.681.
  ' (i) Any charges established by the State Parks and Recreation
Director in accordance with ORS 565.080 (3).
  ' (j) Assessments on premiums charged by the Department of
Consumer and Business Services pursuant to ORS 731.804 or fees
charged by the Division of Finance and Corporate Securities of
the Department of Consumer and Business Services to banks, trusts
and credit unions pursuant to ORS 706.530 and 723.114.
  ' (k) Public Utility Commission operating assessments required
by ORS 756.310 or charges paid to the Residential Service
Protection Fund required by chapter 290, Oregon Laws 1987.
  ' (L) Fees charged by the Housing and Community Services
Department for intellectual property pursuant to ORS 456.562.
  ' (m) New or increased fees that are anticipated in the
legislative budgeting process for an agency, revenues from which
are included, explicitly or implicitly, in the legislatively
adopted budget or the legislatively approved budget for the
agency.
  ' (n) Tolls approved by the Oregon Transportation Commission
pursuant to ORS 383.004.
  ' (o) Convenience fees as defined in ORS 182.126 and
established by the Oregon Department of Administrative Services
under ORS 182.132 (3) and recommended by the Electronic
Government Portal Advisory Board.
  ' (3)(a) Fees temporarily decreased for competitive or
promotional reasons or because of unexpected and temporary
revenue surpluses may be increased to not more than their prior
level without compliance with subsection (1) of this section if,
at the time the fee is decreased, the state agency specifies the
following:
  ' (A) The reason for the fee decrease; and
  ' (B) The conditions under which the fee will be increased to
not more than its prior level.
  ' (b) Fees that are decreased for reasons other than those
described in paragraph (a) of this subsection may not be
subsequently increased except as allowed by ORS 291.050 to
291.060 and 294.160.'.
  On page 12, delete lines 13 through 45 and delete pages 13 and
14.
  On page 15, delete line 1 and insert:
  '  { +  SECTION 12. + } ORS 731.036 is amended to read:
  ' 731.036. Except as provided in ORS 743.061 or as specifically
provided by law, the Insurance Code does not apply to any of the
following to the extent of the subject matter of the exemption:
  ' (1) A bail bondsman, other than a corporate surety and its
agents.
  ' (2) A fraternal benefit society that has maintained lodges in
this state and other states for 50 years prior to January 1,
1961, and for which a certificate of authority was not required
on that date.
  ' (3) A religious organization providing insurance benefits
only to its employees, if the organization is in existence and
exempt from taxation under section 501(c)(3) of the federal
Internal Revenue Code on September 13, 1975.
  ' (4) Public bodies, as defined in ORS 30.260, that either
individually or jointly establish a self-insurance program for
tort liability in accordance with ORS 30.282.
  ' (5) Public bodies, as defined in ORS 30.260, that either
individually or jointly establish a self-insurance program for
property damage in accordance with ORS 30.282.
  ' (6) Cities, counties, school districts, community college
districts, community college service districts or districts, as
defined in ORS 198.010 and 198.180, that either individually or
jointly insure for health insurance coverage, excluding
disability insurance, their employees or retired employees, or
their dependents, or students engaged in school activities, or
combination of employees and dependents, with or without employee
or student contributions, if all of the following conditions are
met:
  ' (a) The individual or jointly self-insured program meets the
following minimum requirements:
  ' (A) In the case of a school district, community college
district or community college service district, the number of
covered employees and dependents and retired employees and
dependents aggregates at least 500 individuals;
  ' (B) In the case of an individual public body program other
than a school district, community college district or community
college service district, the number of covered employees and
dependents and retired employees and dependents aggregates at
least 500 individuals; and
  ' (C) In the case of a joint program of two or more public
bodies, the number of covered employees and dependents and
retired employees and dependents aggregates at least 1,000
individuals;
  ' (b) The individual or jointly self-insured health insurance
program includes all coverages and benefits required of group
health insurance policies under ORS chapters 743 and 743A;
  ' (c) The individual or jointly self-insured program must have
program documents that define program benefits and
administration;
  ' (d) Enrollees must be provided copies of summary plan
descriptions including:
  ' (A) Written general information about services provided,
access to services, charges and scheduling applicable to each
enrollee's coverage;
  ' (B) The program's grievance and appeal process; and
  ' (C) Other group health plan enrollee rights, disclosure or
written procedure requirements established under ORS chapters 743
and 743A;
  ' (e) The financial administration of an individual or jointly
self-insured program must include the following requirements:
  ' (A) Program contributions and reserves must be held in
separate accounts and used for the exclusive benefit of the
program;
  ' (B) The program must maintain adequate reserves. Reserves may
be invested in accordance with the provisions of ORS chapter 293.
Reserve adequacy must be calculated annually with proper
actuarial calculations including the following:
  ' (i) Known claims, paid and outstanding;
  ' (ii) A history of incurred but not reported claims;
  ' (iii) Claims handling expenses;
  ' (iv) Unearned contributions; and
  ' (v) A claims trend factor; and
  ' (C) The program must maintain adequate reinsurance against
the risk of economic loss in accordance with the provisions of
ORS 742.065 unless the program has received written approval for
an alternative arrangement for protection against economic loss
from the Director of the Department of Consumer and Business
Services;
  ' (f) The individual or jointly self-insured program must have
sufficient personnel to service the employee benefit program or
must contract with a third party administrator licensed under ORS
chapter 744 as a third party administrator to provide such
services;
  ' (g) The individual or jointly self-insured program shall be
subject to assessment in accordance with   { - ORS 735.614 and
former enrollees shall be eligible for portability coverage in
accordance with ORS 735.616 - }  { +  section 2 of this 2013
Act + };
  ' (h) The public body, or the program administrator in the case
of a joint insurance program of two or more public bodies, files
with the Director of the Department of Consumer and Business
Services copies of all documents creating and governing the
program, all forms used to communicate the coverage to
beneficiaries, the schedule of payments established to support
the program and, annually, a financial report showing the total
incurred cost of the program for the preceding year. A copy of
the annual audit required by ORS 297.425 may be used to satisfy
the financial report filing requirement; and
  ' (i) Each public body in a joint insurance program is liable
only to its own employees and no others for benefits under the
program in the event, and to the extent, that no further funds,
including funds from insurance policies obtained by the pool, are
available in the joint insurance pool.
  ' (7) All ambulance services.
  ' (8) A person providing any of the services described in this
subsection. The exemption under this subsection does not apply to
an authorized insurer providing such services under an insurance
policy. This subsection applies to the following services:
  ' (a) Towing service.
  ' (b) Emergency road service, which means adjustment, repair or
replacement of the equipment, tires or mechanical parts of a
motor vehicle in order to permit the motor vehicle to be operated
under its own power.
  ' (c) Transportation and arrangements for the transportation of
human remains, including all necessary and appropriate
preparations for and actual transportation provided to return a
decedent's remains from the decedent's place of death to a
location designated by a person with valid legal authority under
ORS 97.130.
  ' (9)(a) A person described in this subsection who, in an
agreement to lease or to finance the purchase of a motor vehicle,
agrees to waive for no additional charge the amount specified in
paragraph (b) of this subsection upon total loss of the motor
vehicle because of physical damage, theft or other occurrence, as
specified in the agreement. The exemption established in this
subsection applies to the following persons:
  ' (A) The seller of the motor vehicle, if the sale is made
pursuant to a motor vehicle retail installment contract.
  ' (B) The lessor of the motor vehicle.
  ' (C) The lender who finances the purchase of the motor
vehicle.
  ' (D) The assignee of a person described in this paragraph.
  ' (b) The amount waived pursuant to the agreement shall be the
difference, or portion thereof, between the amount received by
the seller, lessor, lender or assignee, as applicable, that
represents the actual cash value of the motor vehicle at the date
of loss, and the amount owed under the agreement.
  ' (10) A self-insurance program for tort liability or property
damage that is established by two or more affordable housing
entities and that complies with the same requirements that public
bodies must meet under ORS 30.282 (6). As used in this
subsection:
  ' (a) 'Affordable housing' means housing projects in which some
of the dwelling units may be purchased or rented, with or without
government assistance, on a basis that is affordable to
individuals of low income.
  ' (b) 'Affordable housing entity' means any of the following:
  ' (A) A housing authority created under the laws of this state
or another jurisdiction and any agency or instrumentality of a
housing authority, including but not limited to a legal entity
created to conduct a self-insurance program for housing
authorities that complies with ORS 30.282 (6).
  ' (B) A nonprofit corporation that is engaged in providing
affordable housing.
  ' (C) A partnership or limited liability company that is
engaged in providing affordable housing and that is affiliated
with a housing authority described in subparagraph (A) of this
paragraph or a nonprofit corporation described in subparagraph
(B) of this paragraph if the housing authority or nonprofit
corporation:

  ' (i) Has, or has the right to acquire, a financial or
ownership interest in the partnership or limited liability
company;
  ' (ii) Has the power to direct the management or policies of
the partnership or limited liability company;
  ' (iii) Has entered into a contract to lease, manage or operate
the affordable housing owned by the partnership or limited
liability company; or
  ' (iv) Has any other material relationship with the partnership
or limited liability company.
  ' (11) A community-based health care initiative approved by the
Administrator of the Office for Oregon Health Policy and Research
under ORS 735.723 operating a community-based health care
improvement program approved by the administrator.
  ' (12) Except as provided in ORS 735.500 and 735.510, a person
certified by the Department of Consumer and Business Services to
operate a retainer medical practice.'.
  On page 17, line 37, before the period insert 'and sections 1,
2 and 4 of this 2013 Act'.
  On page 19, line 11, delete 'until' and insert '. The board may
not offer coverage under this section after'.
  On page 25, delete lines 20 through 45.
  On page 26, delete lines 1 through 8 and insert:
  '  { +  SECTION 21. + } ORS 743.748, as amended by section 18,
chapter 500, Oregon Laws 2011, is amended to read:
  ' 743.748. (1) Each carrier offering a health benefit plan
shall submit to the Director of the Department of Consumer and
Business Services on or before April 1 of each year a report that
contains:
  ' (a) The following information for the preceding year that is
derived from the exhibit of premiums, enrollment and utilization
included in the carrier's annual report:
  ' (A) The total number of members;
  ' (B) The total amount of premiums;
  ' (C) The total amount of costs for claims;
  ' (D) The medical loss ratio;
  ' (E) The average amount of premiums per member per month; and
  ' (F) The percentage change in the average premium per member
per month, measured from the previous year.
  ' (b) The following aggregate financial information for the
preceding year that is derived from the carrier's annual report:
  ' (A) The total amount of general administrative expenses,
including identification of the five largest nonmedical
administrative expenses and the assessment against the carrier
for the Oregon   { - Medical Insurance Pool - }  { +  Reinsurance
Program + };
  ' (B) The total amount of the surplus maintained;
  ' (C) The total amount of the reserves maintained for unpaid
claims;
  ' (D) The total net underwriting gain or loss; and
  ' (E) The carrier's net income after taxes.
  ' (2) A carrier shall electronically submit the information
described in subsection (1) of this section in a format and
according to instructions prescribed by the Department of
Consumer and Business Services by rule.
  ' (3) The department shall evaluate the reporting requirements
under subsection (1)(a) of this section by the following market
segments:
  ' (a) Individual health benefit plans;
  ' (b) Health benefit plans for small employers;
  ' (c) Health benefit plans for employers described in ORS
743.733; and
  ' (d) Health benefit plans for employers with more than 50
employees.

  ' (4) The department shall make the information reported under
this section available to the public through a searchable public
website on the Internet.'.
  On page 35, line 42, delete ', 35 and 36' and insert 'and 35 to
39'.
  In line 43, delete '39' and insert '42'.
  On page 42, line 32, after 'date' insert 'of section 26 of this
2013 Act, as' and delete '38' and insert '41'.
  Delete lines 34 through 45 and delete pages 43 through 45.
  On page 46, delete lines 1 through 4 and insert:

                                '
 { +  SUNSET OF OREGON + }
                               { +
REINSURANCE PROGRAM + }

  '  { +  SECTION 35. + } ORS 731.509, as amended by section 5 of
this 2013 Act, is amended to read:
  ' 731.509. (1) The purpose of ORS 731.509, 731.510, 731.511,
731.512 and 731.516 is to protect the interests of insureds,
claimants, ceding insurers, assuming insurers and the public
generally. The Legislative Assembly declares that its intent is
to ensure adequate regulation of insurers and reinsurers and
adequate protection for those to whom they owe obligations. In
furtherance of that state interest, the Legislative Assembly
mandates that upon the insolvency of an alien insurer or
reinsurer that provides security to fund its United States
obligations in accordance with ORS 731.509, 731.510, 731.511,
731.512 and 731.516, the assets representing the security shall
be maintained in the United States and claims shall be filed with
and valued by the state insurance commissioner with regulatory
oversight, and the assets shall be distributed in accordance with
the insurance laws of the state in which the trust is domiciled
that are applicable to the liquidation of domestic United States
insurers. The Legislative Assembly declares that the laws
contained in ORS 731.509, 731.510, 731.511, 731.512 and 731.516
are fundamental to the business of insurance in accordance with
15 U.S.C. 1011 and 1012.
  ' (2) The Director of the Department of Consumer and Business
Services shall not allow credit for reinsurance to a domestic
ceding insurer as either an asset or a reduction from liability
on account of reinsurance ceded unless credit is allowed as
provided under ORS 731.508 and unless the reinsurer meets the
requirements of:
  ' (a) Subsection (3) of this section;
  ' (b) Subsection (4) of this section;
  ' (c) Subsections (5) and (8) of this section;
  ' (d) Subsections (6) and (8) of this section; { +  or + }
  ' (e) Subsection (7) of this section  { - ; or - }  { + . + }
  '  { - (f) Subsection (9) of this section. - }
  ' (3) Credit shall be allowed when the reinsurance is ceded to
an authorized assuming insurer that accepts reinsurance of risks,
and retains risk thereon within such limits, as the assuming
insurer is otherwise authorized to insure in this state as
provided in ORS 731.508.
  ' (4) Credit shall be allowed when the reinsurance is ceded to
an assuming insurer that is accredited as a reinsurer in this
state as provided in ORS 731.511. The director shall not allow
credit to a domestic ceding insurer if the accreditation of the
assuming insurer has been revoked by the director after notice
and opportunity for hearing.
  ' (5) Credit shall be allowed when the reinsurance is ceded to
a foreign assuming insurer or a United States branch of an alien
assuming insurer meeting all of the following requirements:
  ' (a) The foreign assuming insurer must be domiciled in a state
employing standards regarding credit for reinsurance that equal
or exceed the standards applicable under this section. The United
States branch of an alien assuming insurer must be entered
through a state employing such standards.
  ' (b) The foreign assuming insurer or United States branch of
an alien assuming insurer must maintain a combined capital and
surplus in an amount not less than $20,000,000. The requirement
of this paragraph does not apply to reinsurance ceded and assumed
pursuant to pooling arrangements among insurers in the same
holding company system.
  ' (c) The foreign assuming insurer or United States branch of
an alien assuming insurer must submit to the authority of the
director to examine its books and records.
  ' (6) Credit shall be allowed when the reinsurance is ceded to
an assuming insurer that maintains a trust fund meeting the
requirements of this subsection and additionally complies with
other requirements of this subsection. The trust fund must be
maintained in a qualified United States financial institution, as
defined in ORS 731.510 (1), for the payment of the valid claims
of its United States policyholders and ceding insurers and their
assigns and successors in interest. The assuming insurer must
report annually to the director information substantially the
same as that required to be reported on the annual statement form
by ORS 731.574 by authorized insurers, in order to enable the
director to determine the sufficiency of the trust fund. The
following requirements apply to such a trust fund:
  ' (a) In the case of a single assuming insurer, the trust fund
must consist of funds in trust in an amount not less than the
assuming insurer's liabilities attributable to reinsurance ceded
by United States ceding insurers. In addition, the assuming
insurer must maintain a trusteed surplus of not less than
$20,000,000.
  ' (b) In the case of a group including incorporated and
individual unincorporated underwriters:
  ' (A) For reinsurance ceded under reinsurance agreements with
an inception, amendment or renewal date on or after August 1,
1995, the trust shall consist of a trusteed account in an amount
not less than the group's several liabilities attributable to
business ceded by United States domiciled ceding insurers to any
member of the group.
  ' (B) For reinsurance ceded under reinsurance agreements with
an inception date on or before July 31, 1995, and not amended or
renewed after that date, notwithstanding the other provisions of
ORS 731.509, 731.510, 731.511, 731.512 and 731.516, the trust
shall consist of a trusteed account in an amount not less than
the group's several insurance and reinsurance liabilities
attributable to business written in the United States.
  ' (C) In addition to the trusts described in subparagraphs (A)
and (B) of this paragraph, the group shall maintain in trust a
trusteed surplus of which $100,000,000 shall be held jointly for
the benefit of the United States domiciled ceding insurers of any
member of the group for all years of account.
  ' (D) The incorporated members of the group shall not be
engaged in any business other than underwriting as a member of
the group and shall be subject to the same level of regulation
and solvency control by the group's domiciliary regulator as are
the unincorporated members.
  ' (E) Within 90 days after the group's financial statements are
due to be filed with the group's domiciliary regulator, the group
shall provide to the director an annual certification by the
group's domiciliary regulator of the solvency of each underwriter
member or, if certification is unavailable, financial statements
of each underwriter member of the group prepared by independent
certified public accountants.
  ' (c) In the case of a group of incorporated insurers described
in this paragraph, the trust must be in an amount equal to the
group's several liabilities attributable to business ceded by
United States ceding insurers to any member of the group pursuant
to reinsurance contracts issued in the name of the group.  This
paragraph applies to a group of incorporated insurers under
common administration that complies with the annual reporting
requirements contained in this subsection and that has
continuously transacted an insurance business outside the United
States for at least three years immediately prior to making
application for accreditation. Such a group must have an
aggregate policyholders' surplus of $10,000,000,000 and must
submit to the authority of this state to examine its books and
records and bear the expense of the examination. The group shall
also maintain a joint trusteed surplus of which $100,000,000 must
be held jointly for the benefit of United States ceding insurers
of any member of the group as additional security for any such
liabilities. Each member of the group shall make available to the
director an annual certification of the member's solvency by the
member's domiciliary regulator and its independent certified
public accountant.
  ' (d) The form of the trust and any amendment to the trust
shall have been approved by the insurance commissioner of the
state in which the trust is domiciled or by the insurance
commissioner of another state who, pursuant to the terms of the
trust instrument, has accepted principal regulatory oversight of
the trust.
  ' (e) The form of the trust and any trust amendments also shall
be filed with the insurance commissioner of every state in which
the ceding insurer beneficiaries of the trust are domiciled.  The
trust instrument must provide that contested claims shall be
valid and enforceable upon the final order of any court of
competent jurisdiction in the United States. The trust must vest
legal title to its assets in its trustees for the benefit of the
assuming insurer's United States ceding insurers and their
assigns and successors in interest. The trust and the assuming
insurer are subject to examination as determined by the director.
The trust must remain in effect for as long as the assuming
insurer has outstanding obligations due under the reinsurance
agreements subject to the trust.
  ' (f) Not later than March 1 of each year, the trustees of each
trust shall report to the director in writing the balance of the
trust and listing the trust's investments at the preceding year
end, and shall certify the date of termination of the trust, if
so planned, or certify that the trust will not expire prior to
the following December 31.
  ' (7) Credit shall be allowed when the reinsurance is ceded to
an assuming insurer not meeting the requirements of subsection
(3), (4), (5) or (6) of this section, but only as to the
insurance of risks located in jurisdictions in which the
reinsurance is required by applicable law or regulation of that
jurisdiction.
  ' (8) If the assuming insurer is not authorized to transact
insurance in this state or accredited as a reinsurer in this
state, the director shall not allow the credit permitted by
subsections (5) and (6) of this section unless the assuming
insurer agrees in the reinsurance agreement to the provisions
stated in this subsection. This subsection is not intended to
conflict with or override the obligation of the parties to a
reinsurance agreement to arbitrate their disputes, if such an
obligation is created in the agreement. The assuming insurer must
agree in the reinsurance agreement:
  ' (a) That in the event of the failure of the assuming insurer
to perform its obligations under the terms of the reinsurance
agreement, the assuming insurer, at the request of the ceding
insurer, shall submit to the jurisdiction of any court of
competent jurisdiction in any state of the United States, will
comply with all requirements necessary to give the court

jurisdiction and will abide by the final decision of the court or
of any appellate court in the event of an appeal; and
  ' (b) To designate the director or a designated attorney as its
true and lawful attorney upon whom any lawful process in any
action, suit or proceeding instituted by or on behalf of the
ceding company may be served.
  '  { - (9) Credit shall be allowed when the reinsurance is
ceded to the Oregon Reinsurance Program established in section 1
of this 2013 Act. - }
  '  { - (10) - }  { +  (9) + } If the assuming insurer does not
meet the requirements of subsection (3), (4) or (5) of this
section, the credit permitted by subsection (6) of this section
shall not be allowed unless the assuming insurer agrees in the
trust agreements to the following conditions:
  ' (a) Notwithstanding any other provisions in the trust
instrument, if the trust fund is inadequate because it contains
an amount less than the applicable amount required by subsection
(6)(a), (b) or (c) of this section, or if the grantor of the
trust has been declared insolvent or placed into receivership,
rehabilitation, liquidation or similar proceedings under the laws
of the grantor's state or country of domicile, the trustee shall
comply with an order of the insurance commissioner with
regulatory oversight over the trust or with an order of a court
of competent jurisdiction directing the trustee to transfer to
the insurance commissioner with regulatory oversight all the
assets of the trust fund.
  ' (b) The assets shall be distributed by and claims shall be
filed with and valued by the insurance commissioner with
regulatory oversight in accordance with the laws of the state in
which the trust is domiciled that are applicable to the
liquidation of domestic insurance companies.
  ' (c) If the insurance commissioner with regulatory oversight
determines that the assets of the trust fund or any part thereof
are not necessary to satisfy the claims of the United States
ceding insurers of the grantor of the trust, the assets or part
thereof shall be returned by the insurance commissioner according
to the laws of that state and according to the terms of the trust
agreement not inconsistent with the laws of that state.
  ' (d) The grantor shall waive any right otherwise available to
it under United States law that is inconsistent with this
subsection.
  '  { +  SECTION 36. + } ORS 291.055, as amended by section 9 of
this 2013 Act, is amended to read:
  ' 291.055. (1) Notwithstanding any other law that grants to a
state agency the authority to establish fees, all new state
agency fees or fee increases adopted during the period beginning
on the date of adjournment sine die of a regular session of the
Legislative Assembly and ending on the date of adjournment sine
die of the next regular session of the Legislative Assembly:
  ' (a) Are not effective for agencies in the executive
department of government unless approved in writing by the
Director of the Oregon Department of Administrative Services;
  ' (b) Are not effective for agencies in the judicial department
of government unless approved in writing by the Chief Justice of
the Supreme Court;
  ' (c) Are not effective for agencies in the legislative
department of government unless approved in writing by the
President of the Senate and the Speaker of the House of
Representatives;
  ' (d) Shall be reported by the state agency to the Oregon
Department of Administrative Services within 10 days of their
adoption; and
  ' (e) Are rescinded on adjournment sine die of the next regular
session of the Legislative Assembly as described in this
subsection, unless otherwise authorized by enabling legislation
setting forth the approved fees.
  ' (2) This section does not apply to:
  ' (a) Any tuition or fees charged by the State Board of Higher
Education and the public universities listed in ORS 352.002.
  ' (b) Taxes or other payments made or collected from employers
for unemployment insurance required by ORS chapter 657 or premium
assessments required by ORS 656.612 and 656.614 or contributions
and assessments calculated by cents per hour for workers'
compensation coverage required by ORS 656.506.
  ' (c) Fees or payments required for:
  ' (A) Health care services provided by the Oregon Health and
Science University, by the Oregon Veterans' Homes and by other
state agencies and institutions pursuant to ORS 179.610 to
179.770.
  '  { - (B) Assessments imposed by the Oregon Medical Insurance
Pool Board under section 2 of this 2013 Act. - }
  '  { - (C) - }  { +  (B) + } Copayments and premiums paid to
the Oregon medical assistance program.
  '  { - (D) - }  { +  (C) + } Assessments paid to the Department
of Consumer and Business Services under ORS 743.951 and 743.961.
  ' (d) Fees created or authorized by statute that have no
established rate or amount but are calculated for each separate
instance for each fee payer and are based on actual cost of
services provided.
  ' (e) State agency charges on employees for benefits and
services.
  ' (f) Any intergovernmental charges.
  ' (g) Forest protection district assessment rates established
by ORS 477.210 to 477.265 and the Oregon Forest Land Protection
Fund fees established by ORS 477.760.
  ' (h) State Department of Energy assessments required by ORS
469.421 (8) and 469.681.
  ' (i) Any charges established by the State Parks and Recreation
Director in accordance with ORS 565.080 (3).
  ' (j) Assessments on premiums charged by the Department of
Consumer and Business Services pursuant to ORS 731.804 or fees
charged by the Division of Finance and Corporate Securities of
the Department of Consumer and Business Services to banks, trusts
and credit unions pursuant to ORS 706.530 and 723.114.
  ' (k) Public Utility Commission operating assessments required
by ORS 756.310 or charges paid to the Residential Service
Protection Fund required by chapter 290, Oregon Laws 1987.
  ' (L) Fees charged by the Housing and Community Services
Department for intellectual property pursuant to ORS 456.562.
  ' (m) New or increased fees that are anticipated in the
legislative budgeting process for an agency, revenues from which
are included, explicitly or implicitly, in the legislatively
adopted budget or the legislatively approved budget for the
agency.
  ' (n) Tolls approved by the Oregon Transportation Commission
pursuant to ORS 383.004.
  ' (o) Convenience fees as defined in ORS 182.126 and
established by the Oregon Department of Administrative Services
under ORS 182.132 (3) and recommended by the Electronic
Government Portal Advisory Board.
  ' (3)(a) Fees temporarily decreased for competitive or
promotional reasons or because of unexpected and temporary
revenue surpluses may be increased to not more than their prior
level without compliance with subsection (1) of this section if,
at the time the fee is decreased, the state agency specifies the
following:
  ' (A) The reason for the fee decrease; and
  ' (B) The conditions under which the fee will be increased to
not more than its prior level.
  ' (b) Fees that are decreased for reasons other than those
described in paragraph (a) of this subsection may not be

subsequently increased except as allowed by ORS 291.050 to
291.060 and 294.160.
  '  { +  SECTION 37. + } ORS 731.036, as amended by section 12
of this 2013 Act, is amended to read:
  ' 731.036. Except as provided in ORS 743.061 or as specifically
provided by law, the Insurance Code does not apply to any of the
following to the extent of the subject matter of the exemption:
  ' (1) A bail bondsman, other than a corporate surety and its
agents.
  ' (2) A fraternal benefit society that has maintained lodges in
this state and other states for 50 years prior to January 1,
1961, and for which a certificate of authority was not required
on that date.
  ' (3) A religious organization providing insurance benefits
only to its employees, if the organization is in existence and
exempt from taxation under section 501(c)(3) of the federal
Internal Revenue Code on September 13, 1975.
  ' (4) Public bodies, as defined in ORS 30.260, that either
individually or jointly establish a self-insurance program for
tort liability in accordance with ORS 30.282.
  ' (5) Public bodies, as defined in ORS 30.260, that either
individually or jointly establish a self-insurance program for
property damage in accordance with ORS 30.282.
  ' (6) Cities, counties, school districts, community college
districts, community college service districts or districts, as
defined in ORS 198.010 and 198.180, that either individually or
jointly insure for health insurance coverage, excluding
disability insurance, their employees or retired employees, or
their dependents, or students engaged in school activities, or
combination of employees and dependents, with or without employee
or student contributions, if all of the following conditions are
met:
  ' (a) The individual or jointly self-insured program meets the
following minimum requirements:
  ' (A) In the case of a school district, community college
district or community college service district, the number of
covered employees and dependents and retired employees and
dependents aggregates at least 500 individuals;
  ' (B) In the case of an individual public body program other
than a school district, community college district or community
college service district, the number of covered employees and
dependents and retired employees and dependents aggregates at
least 500 individuals; and
  ' (C) In the case of a joint program of two or more public
bodies, the number of covered employees and dependents and
retired employees and dependents aggregates at least 1,000
individuals;
  ' (b) The individual or jointly self-insured health insurance
program includes all coverages and benefits required of group
health insurance policies under ORS chapters 743 and 743A;
  ' (c) The individual or jointly self-insured program must have
program documents that define program benefits and
administration;
  ' (d) Enrollees must be provided copies of summary plan
descriptions including:
  ' (A) Written general information about services provided,
access to services, charges and scheduling applicable to each
enrollee's coverage;
  ' (B) The program's grievance and appeal process; and
  ' (C) Other group health plan enrollee rights, disclosure or
written procedure requirements established under ORS chapters 743
and 743A;
  ' (e) The financial administration of an individual or jointly
self-insured program must include the following requirements:

  ' (A) Program contributions and reserves must be held in
separate accounts and used for the exclusive benefit of the
program;
  ' (B) The program must maintain adequate reserves. Reserves may
be invested in accordance with the provisions of ORS chapter 293.
Reserve adequacy must be calculated annually with proper
actuarial calculations including the following:
  ' (i) Known claims, paid and outstanding;
  ' (ii) A history of incurred but not reported claims;
  ' (iii) Claims handling expenses;
  ' (iv) Unearned contributions; and
  ' (v) A claims trend factor; and
  ' (C) The program must maintain adequate reinsurance against
the risk of economic loss in accordance with the provisions of
ORS 742.065 unless the program has received written approval for
an alternative arrangement for protection against economic loss
from the Director of the Department of Consumer and Business
Services;
  ' (f) The individual or jointly self-insured program must have
sufficient personnel to service the employee benefit program or
must contract with a third party administrator licensed under ORS
chapter 744 as a third party administrator to provide such
services;
  '  { - (g) The individual or jointly self-insured program shall
be subject to assessment in accordance with section 2 of this
2013 Act; - }
  '  { - (h) - }  { +  (g) + } The public body, or the program
administrator in the case of a joint insurance program of two or
more public bodies, files with the Director of the Department of
Consumer and Business Services copies of all documents creating
and governing the program, all forms used to communicate the
coverage to beneficiaries, the schedule of payments established
to support the program and, annually, a financial report showing
the total incurred cost of the program for the preceding year. A
copy of the annual audit required by ORS 297.425 may be used to
satisfy the financial report filing requirement; and
  '  { - (i) - }  { +  (h) + } Each public body in a joint
insurance program is liable only to its own employees and no
others for benefits under the program in the event, and to the
extent, that no further funds, including funds from insurance
policies obtained by the pool, are available in the joint
insurance pool.
  ' (7) All ambulance services.
  ' (8) A person providing any of the services described in this
subsection. The exemption under this subsection does not apply to
an authorized insurer providing such services under an insurance
policy. This subsection applies to the following services:
  ' (a) Towing service.
  ' (b) Emergency road service, which means adjustment, repair or
replacement of the equipment, tires or mechanical parts of a
motor vehicle in order to permit the motor vehicle to be operated
under its own power.
  ' (c) Transportation and arrangements for the transportation of
human remains, including all necessary and appropriate
preparations for and actual transportation provided to return a
decedent's remains from the decedent's place of death to a
location designated by a person with valid legal authority under
ORS 97.130.
  ' (9)(a) A person described in this subsection who, in an
agreement to lease or to finance the purchase of a motor vehicle,
agrees to waive for no additional charge the amount specified in
paragraph (b) of this subsection upon total loss of the motor
vehicle because of physical damage, theft or other occurrence, as
specified in the agreement. The exemption established in this
subsection applies to the following persons:

  ' (A) The seller of the motor vehicle, if the sale is made
pursuant to a motor vehicle retail installment contract.
  ' (B) The lessor of the motor vehicle.
  ' (C) The lender who finances the purchase of the motor
vehicle.
  ' (D) The assignee of a person described in this paragraph.
  ' (b) The amount waived pursuant to the agreement shall be the
difference, or portion thereof, between the amount received by
the seller, lessor, lender or assignee, as applicable, that
represents the actual cash value of the motor vehicle at the date
of loss, and the amount owed under the agreement.
  ' (10) A self-insurance program for tort liability or property
damage that is established by two or more affordable housing
entities and that complies with the same requirements that public
bodies must meet under ORS 30.282 (6). As used in this
subsection:
  ' (a) 'Affordable housing' means housing projects in which some
of the dwelling units may be purchased or rented, with or without
government assistance, on a basis that is affordable to
individuals of low income.
  ' (b) 'Affordable housing entity' means any of the following:
  ' (A) A housing authority created under the laws of this state
or another jurisdiction and any agency or instrumentality of a
housing authority, including but not limited to a legal entity
created to conduct a self-insurance program for housing
authorities that complies with ORS 30.282 (6).
  ' (B) A nonprofit corporation that is engaged in providing
affordable housing.
  ' (C) A partnership or limited liability company that is
engaged in providing affordable housing and that is affiliated
with a housing authority described in subparagraph (A) of this
paragraph or a nonprofit corporation described in subparagraph
(B) of this paragraph if the housing authority or nonprofit
corporation:
  ' (i) Has, or has the right to acquire, a financial or
ownership interest in the partnership or limited liability
company;
  ' (ii) Has the power to direct the management or policies of
the partnership or limited liability company;
  ' (iii) Has entered into a contract to lease, manage or operate
the affordable housing owned by the partnership or limited
liability company; or
  ' (iv) Has any other material relationship with the partnership
or limited liability company.
  ' (11) A community-based health care initiative approved by the
Administrator of the Office for Oregon Health Policy and Research
under ORS 735.723 operating a community-based health care
improvement program approved by the administrator.
  ' (12) Except as provided in ORS 735.500 and 735.510, a person
certified by the Department of Consumer and Business Services to
operate a retainer medical practice.
  '  { +  SECTION 38. + } ORS 743.748, as amended by section 18,
chapter 500, Oregon Laws 2011, and section 21 of this 2013 Act,
is amended to read:
  ' 743.748. (1) Each carrier offering a health benefit plan
shall submit to the Director of the Department of Consumer and
Business Services on or before April 1 of each year a report that
contains:
  ' (a) The following information for the preceding year that is
derived from the exhibit of premiums, enrollment and utilization
included in the carrier's annual report:
  ' (A) The total number of members;
  ' (B) The total amount of premiums;
  ' (C) The total amount of costs for claims;
  ' (D) The medical loss ratio;
  ' (E) The average amount of premiums per member per month; and
  ' (F) The percentage change in the average premium per member
per month, measured from the previous year.
  ' (b) The following aggregate financial information for the
preceding year that is derived from the carrier's annual report:
  ' (A) The total amount of general administrative expenses,
including identification of the five largest nonmedical
administrative expenses   { - and the assessment against the
carrier for the Oregon Reinsurance Program - } ;
  ' (B) The total amount of the surplus maintained;
  ' (C) The total amount of the reserves maintained for unpaid
claims;
  ' (D) The total net underwriting gain or loss; and
  ' (E) The carrier's net income after taxes.
  ' (2) A carrier shall electronically submit the information
described in subsection (1) of this section in a format and
according to instructions prescribed by the Department of
Consumer and Business Services by rule.
  ' (3) The department shall evaluate the reporting requirements
under subsection (1)(a) of this section by the following market
segments:
  ' (a) Individual health benefit plans;
  ' (b) Health benefit plans for small employers;
  ' (c) Health benefit plans for employers described in ORS
743.733; and
  ' (d) Health benefit plans for employers with more than 50
employees.
  ' (4) The department shall make the information reported under
this section available to the public through a searchable public
website on the Internet.'.
  In line 8, delete '36' and insert '39'.
  In line 34, delete '37' and insert '40'.
  In line 40, delete '38' and insert '41' and delete 'and 4' and
insert ', 4 and 4a'.
  In line 41, after 'to' insert '20, 22 to' and delete ' 36' and
insert '39'.
  In line 43, after '35' insert 'to 38'.
  After line 43, insert:
  ' (3) The amendments to ORS 743.748 by section 21 of this 2013
Act become operative April 2, 2014.'.
  In line 44, delete '39' and insert '42'.
  On page 47, line 1, delete 'and 4' and insert ', 4 and 4a'.
  In line 7, delete '40' and insert '43'.
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