WSR 08-11-107

PREPROPOSAL STATEMENT OF INQUIRY

OFFICE OF

INSURANCE COMMISSIONER

[ Insurance Commissioner Matter No. R 2008-16 -- Filed May 20, 2008, 2:28 p.m. ]

Subject of Possible Rule Making: The office of insurance commissioner (OIC) is considering amendments to WAC 284-43-820 which requires carriers to file health plan disclosure documents with the OIC, including the possible repeal of sections that duplicate Washington statute.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 48.02.060, 48.43.510.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Currently two rules, WAC 284-43-820 and 284-43-210, require carriers to file health plan disclosure information; the requirements of these rules overlap, vary slightly, or are based on a statute that has been repealed.

WAC 284-43-820, adopted in 2001, provides that the health plan disclosures for applicants and other consumers required by RCW 48.43.510 (part of the patient bill of rights legislation) are to be filed using a standardized summary format filed with the commissioner and made available upon request prior to purchase.

In practice, having two rules with different health plan disclosure requirements has been confusing to carriers and consumers. Changes to WAC 284-43-820 will be considered to eliminate the duplication of the disclosure requirements of RCW 48.43.510 and to clarify the requirements of RCW 48.43.510, including acceptable mechanisms for disclosure. The changes may require carriers to provide the required information on their web sites, in a manner that is easy for consumers to find, in addition to making it available in printed form upon request.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Submit written comments by July 3, 2008, to Kacy Scott, P.O. Box 40254-0258 [40258], Olympia, WA 98504-0258, Kacys@oic.wa.gov, fax (360) 586-3109.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Kacy Scott, P.O. Box 40254-0258 [40258], Olympia, WA 98504-0258, Kacys@oic.wa.gov, fax (360) 586-3109.

May 20, 2008

Mike Kreidler

Insurance Commissioner

Washington State Code Reviser's Office