Date of Adoption: June 29, 2001.
Purpose: Extending the effective date of rules adopted under R 2000-03 regarding contraceptive benefits.
Citation of Existing Rules Affected by this Order: Amending WAC 284-43-824.
Statutory Authority for Adoption: RCW 48.02.060, 48.20.450, 48.20.460, 48.30.010, 48.30.300, 48.44.020, 48.44.050, 48.46.200, 48.46.243.
Other Authority: RCW 48.43.023, 48.43.041, 48.46.066.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: The emergency is an extension of a prior emergency rule (R 2001-01) delaying the effective date in WAC 284-43-824. The previous emergency rule delayed the implementation date of an earlier rule making (R 2000-03) until January 1, 2002. This filing continues that process and effective date. The commissioner has filed a CR-101 (R 2001-02) and is actively undertaking the appropriate procedures to adopt permanent changes to the rules adopted in the R 2000-03 rule making. Interested parties asserted that the promulgation of rules adopted under R 2000-03 may have had deficiencies in complying with the Administrative Procedure Act (chapter 34.05 RCW) process. The commissioner required a period of time to review these assertions and take action, as needed. Although the R 2000-03 rules do not take effect until July 1, 2001, health carriers have indicated that they require several months to make the necessary health plan modifications before new products can be offered. The existing effective date did not provide enough time for the commissioner's review in synchronization with carriers' preparation needs. Continuing to extension of the effective date to January 1, 2002, will provide adequate time for both activities.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
Pilot Rule Making:
or Other Alternative Rule Making:
Effective Date of Rule: Immediately.
June 29, 2001
[Statutory Authority: 2000 c 79 and RCW 48.43.041, 48.44.020, and 48.46.060. 01-03-035 (Matter No. R 2000-03), 284-43-824, filed 1/9/01, effective 2/9/01.]