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Oregon hearing advances rule changes to insurer prior-authorization data reporting
Summary
The Financial Regulation Division at DCBS held a public hearing Oct. 22 to solicit comment on proposed rule amendments that would align administrative rules with House Bill 3134, add definitions for standard and expedited prior authorization, and move insurers' annual reporting due date to Jan. 31 so DCBS can post deidentified aggregate data by March 1, 2026.
Lisa Emerson, senior policy advisor with the Financial Regulation Division at the Oregon Department of Consumer and Business Services and the hearing officer, opened a hybrid public rulemaking hearing on Oct. 22 to gather testimony on proposed changes to insurers' prior-authorization data reporting requirements. "This public hearing is being conducted in a hybrid format through Microsoft Teams and also in the Labor and Industries Building in Conference Room E located in Salem, Oregon," Emerson said as she read the notice and procedural instructions for the record.
The rules under consideration would align Division rules with 2025 legislative changes in House Bill 3134 that revise what prior-authorization aggregate data insurers must report annually to DCBS. Emerson said the proposed amendments change the insurers' reporting due date from on or before June 30 to on or before January 31 to allow DCBS time to analyze submissions and publish deidentified aggregate data by March 1, 2026 and annually thereafter. "This change in the due dates will allow adequate time for insurers to report the required data to DCBS and for DCBS to analyze and post the data on the department's website by 03/01/2026, and annually thereafter," she said.
Emerson also said the draft rule adds statutory definitions for "standard" and "expedited" prior-authorization requests and updates statutory citations to reflect 2025 legislation. She told attendees that the Division convened a rules advisory committee (RAC) that included health-care providers, commercial insurers and consumer advocates to review draft language and advise on data collection practices, equity impacts and administrative burden.
Several stakeholder representatives joined the hearing for the record. Marlene Converse identified herself as a government-relations consultant for Kaiser Permanente; Courtney Dresser represented the Oregon Medical Association; Topher Kittleson identified himself as a policy intern with Oregon Consumer Justice; Antoinette Awatchi said she is a senior public and regulatory affairs specialist for Cambria Health Solutions and that she did not plan to testify; and Angela Donnelly identified herself with Oregon Consumer Justice.
Emerson repeated procedural instructions: the Division will not respond to comments during the hearing, and she will prepare a report for the division administrator as part of the formal rulemaking record. Written comments will be accepted through 5 p.m. Pacific on Oct. 29, 2025; Emerson directed submitters to the contact information in the notice and to send written testimony to the division rules coordinator listed in the notice.
The hearing closed at 1:41 p.m. The rulemaking record will include testimony and written comments submitted by the Oct. 29 deadline; after the close of the comment period Emerson will prepare a report for the division administrator as part of the next steps in the formal rulemaking process.
