MEWAs - Oregon

Summary of differences between federal and state regulations

Among the various employee benefit programs established and governed by ERISA are multiple employer welfare arrangements (MEWAs), which are subject as well to state regulatory and fiscal standards consistent with ERISA. Federal ERISA covers MEWAs. Oregon does have laws governing MEWAs. They do, however, refer to the federal definition. Other provisions include the following:

• A MEWA established or maintained to provide benefits to a particular trade, business, profession, or industry or their subsidiaries, cannot issue coverage to a group or individual that is not in the same trade, business, profession, or industry or their subsidiaries as that covered by the arrangement.  The arrangement must accept all groups and individuals in the same trade, business, profession, or industry or their subsidiaries that apply for coverage under the arrangement and that meet the requirements for membership in the arrangement.  The requirements for membership in an arrangement shall not include any requirements that relate to the actual or expected health status of the prospective enrollee.
• A MEWA is not considered a “carrier” for purposes of approval of portability plans, offering of plans by carriers, or actuarial certification.
• MEWAs must cover emergency services without prior authorization (see §743.699)

State

Contact

Oregon Insurance Division

Regulations

Oregon Revised Statutes

Chapter 743 Health and Life Insurance
https://www.oregonlegislature.gov/bills_laws/ors/ors743.html
§743.752, 743.760, 743.699

Federal

Contact

Employee Benefits Security Administration (EBSA)

Regulations

29 CFR chapter XXV

2509, 2510, 2520, 2530, 2550
2560, 2570, 2571, 2575, 2578
2580, 2582, 2584, 2589, 2590