WSR 13-05-016

PERMANENT RULES

OFFICE OF

INSURANCE COMMISSIONER

[ Insurance Commissioner Matter No. R 2012-21 -- Filed February 7, 2013, 12:11 p.m. , effective March 10, 2013 ]


     Effective Date of Rule: Thirty-one days after filing.

     Purpose: These new rules establish and implement the data submission requirements for carriers that provide health benefit plans for school district employees.

     Statutory Authority for Adoption: RCW 48.02.060 and 48.02.210(3).

      Adopted under notice filed as WSR 12-23-069 on November 20, 2012.

     Changes Other than Editing from Proposed to Adopted Version: WAC 284-198-001, clarify rules apply to carriers and not school districts; WAC 284-198-005(8), clarify definition of "enrollee" includes dependents; WAC 284-198-020(2), clarify premium and paid claims accounted for - not reported - on monthly basis, delete reporting of administrative expenses and IBNR reserves on PMPM basis; WAC 284-198-020(3), survey instructions may permit aggregation of data for benefit packages with small enrollment; WAC 284-198-025(1), data submission deadline no earlier than April 1st, and at least sixty days after data submission instructions posted on OIC web site; WAC 284-198-025(3), deleted restrictions regarding how data must be submitted; WAC 284-198-045 (2)-(22), technical edits, clarify data elements to be reported for health benefit plans; WAC 284-198-045 (2)-(23), require reporting of additional category of administrative expenses for payments to associations, trusts, and other third parties; and WAC 284-198-045 (2)-(24)-(25), report payments received for separate disease management, wellness, and other similar programs offered with a health benefit plan, describe the offered programs.

     A final cost-benefit analysis is available by contacting Kacy Scott, P.O. Box 40258, Olympia, WA 98504-0258, phone (360) 725-7041, fax (360) 586-3109, e-mail kacys@oic.wa.gov.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 11, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 11, Amended 0, Repealed 0.

     Date Adopted: February 7, 2013.

Mike Kreidler

Insurance Commissioner

OTS-5169.2

Chapter 284-198 WAC

K-12 EMPLOYEE HEALTH INSURANCE DATA REPORTING RULES


NEW SECTION
WAC 284-198-001   Scope.   (1) This chapter applies to health care service contractors, health maintenance organizations, and disability insurers that offer health benefit plans to K-12 public school district employees.

     (2) This chapter explains the K-12 public school district employee health benefit plan data submission requirements established pursuant to RCW 28A.400.275 and 48.02.210, for the entities listed in subsection (1) of this section.

     (3) The provisions of this chapter do not apply to school districts or other entities not subject to regulation under Title 48 RCW. School district reporting requirements under RCW 28A.400.275 will be provided through separate instructions.

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NEW SECTION
WAC 284-198-005   Definitions.   The following definitions apply to this chapter, unless the context clearly requires otherwise:

     (1) "Association health plan" means a health benefit plan or policy issued through an association either pursuant to a master contract or through group contracts that predicate eligibility for enrollment in whole or in part on membership in an association.

     (2) "Benefit package" has the same meaning as "health plan" or "health benefit plan."

     (3) "Carrier" means, solely for the purpose of this chapter, health care service contractors, health maintenance organizations, and disability insurers that offer health benefit plans to K-12 public school district employees.

     (4) "Commissioner" means the Washington state insurance commissioner.

     (5) "Data call" means the commissioner's instructions to carriers for submission of information pursuant to RCW 28A.400.275 and 48.02.210.

     (6) "Actual earned premium" means premium as defined in RCW 48.43.005, plus any rate credits or recoupment less any refunds, for the applicable period, whether received before, during or after the applicable period.

     (7) "Enrollee" means a person entitled to coverage for benefits under a health benefit plan, including an enrollee, subscriber, dependent, policyholder, or a beneficiary of a group plan.

     (8) "General administrative expenses" means actual paid expenses for administration, as reported to the commissioner and the National Association of Insurance Commissioners.

     (9) "Health plan" or "health benefit plan" means any policy, contract or agreement offered to provide, arrange, reimburse or pay for medical services, as described in RCW 48.43.005(26).

     (10) "Health plan premium" means the amount agreed upon as the health plan unit rate charged by the carrier for each plan participant for coverage under a comprehensive medical plan for a defined period of time, regardless of the entity responsible for paying the premium or its equivalent.

     (11) "Health plan rate" means the unit rate used to calculate the premium charged, received or deposited as consideration for a health benefit plan or the continuance of a health benefit plan.

     (12) "Submission" means the transfer to and actual receipt by the commissioner of data, documents and information, provided by the carrier consistent with the format, method and timing specified by the commissioner.

     (13) "Total claim expenses" means the dollar amount of claims recorded as paid during the reporting period.

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NEW SECTION
WAC 284-198-010   Acknowledgment.   Carriers must acknowledge receipt of the data call by sending an electronic mail acknowledgment to the commissioner's mailbox: 5940survey@oic.wa.gov. The carrier must include the name, e-mail address and telephone number of the contact person within the organization regarding the data call if it has not already done so pursuant to WAC 284-198-050.

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NEW SECTION
WAC 284-198-020   Survey instrument.   (1) The data call will be issued in the form of a survey instrument, template for narrative responses and record format instruction, containing questions requiring narrative as well as numeric responses. Carriers must respond to the survey instrument pursuant to the instructions posted on the commissioner's web site.

     (2) The survey instrument will collect health plan earned premium and paid claims expenses accounted for on a monthly basis, for the calendar year, and may also collect those data on a plan year basis. The survey instrument will collect data regarding health plan administrative expenses on an annual basis.

     (3) The survey instructions may permit the aggregation of data reported for benefit packages that have a small number of enrollees.

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NEW SECTION
WAC 284-198-025   Submission.   Carriers must comply with the commissioner's data submission standards and are responsible for the accuracy and completeness of the data for all record groups requested through the data call, and for correcting errors identified during the data validation process in a timely manner, and delivering corrected data on or before the due dates set by the commissioner during the data validation process.

     (1) Data, supporting documents and any other information necessary to respond to the commissioner's data call must be submitted to the commissioner by the carrier at the address specified in the instructions not later than the deadline established in the data call. The submission deadline shall be no earlier than April 1st of the year following the reporting period and at least sixty days after data submission instructions are posted.

     (2) Carriers must use the survey template form posted on the commissioner's web site when responding to the data call, and follow the instructions, requirements and guidelines for the record layout format also posted on the web site. Carriers may submit additional documents or other explanatory information with the completed survey template. These additional documents must be submitted to the commissioner in compliance with any other record layout format requirements included in the instructions.

     (3) If a carrier retains the services of a third party to respond to the data call that entity must respond to the data call within the time frames required of the carrier, and follow the commissioner's instructions for submission. If the commissioner requires resubmission of the data, in whole or in part, the third party must respond within the time frame that the commissioner requires.

     (4) The commissioner may contract with an entity to collect the data that must be reported pursuant to this chapter. In such a case carriers must submit the required data to that entity for use by the commissioner in carrying out the requirements of RCW 28A.400.275 and 48.02.210.

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NEW SECTION
WAC 284-198-030   Resubmission.   If the commissioner requires a carrier to resubmit data because the data file was submitted in an incorrect format or does not otherwise comply with the specifications in this chapter and the data call, the carrier must respond within thirty calendar days of receiving a notice to resubmit.

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NEW SECTION
WAC 284-198-035   Validation.   The carrier must validate the completed survey by executing and submitting to the commissioner the statement of data validity posted on the commissioner's web site with the data call instructions pursuant to RCW 28A.400.275 and 48.02.210.

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NEW SECTION
WAC 284-198-040   Data retention.   Carriers must retain all data, including computer runs produced to support the data call submission, for three years following submission of the data.

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NEW SECTION
WAC 284-198-045   Data fields.   The survey template will require reporting of the following data fields and information for each health benefit plan in place during the reporting period that includes K-12 public school district enrollees:


Field Description Type (numeric or text)
(1) Carrier name text
(2) Does carrier offer high deductible health plan options to school districts? text
(3) Health benefit plan (HBP) name or plan identifier and policy number text
(4) HBP - Summary of benefit package - Covered benefits, deductibles, coinsurance, copayments text
(5) HBP premium rate schedule for all tiers text
(6) HBP begin and end dates for plan year text
(7) HBP monthly enrollment, including employee and dependent enrollment counts numeric
(8) HBP aggregate monthly total paid claims numeric
For data fields (#9-#14) report total paid claims and utilization/1000
(9) HBP monthly paid inpatient facility claims numeric
(10) HBP monthly paid outpatient facility claims numeric
(11) HBP monthly paid professional services claims numeric
(12) HBP monthly paid pharmacy claims numeric
(13) HBP monthly paid capitation payments for medical care numeric
(14) Other HBP monthly paid medical claims numeric
(15) A list of deidentified enrollees that had greater than $100,000 paid claims in 2012; including for each: The total amount of paid claims, the enrollment status; and the survey instrument diagnosis code categories text
(16) HBP actual earned monthly premium numeric
(17) HBP total premium or rate stabilization reserves for end of plan year numeric
(18) HBP total incurred but not reported (IBNR) reserves for end of plan year numeric
(19) HBP total annual general administrative expenses numeric
(20) HBP total annual administrative expenses for premium taxes, WSHIP assessments, and other government taxes or assessments numeric
(21) HBP total annual administrative expenses for commissions and consulting, including all direct or indirect producer compensation numeric
(22) HBP total annual administrative expenses for PPO network access numeric
(23) HBP total annual administrative expenses for health benefit related direct or indirect payments to associations, trusts, and other third parties, including benefit administration and marketing related compensation numeric
(24) HBP total annual administrative expenses for all expenses not listed in data fields (20) - (23) numeric
(25) Total annual payments received for separate disease management, wellness, and similar programs with HBP offered numeric
(26) HBP description of disease management, wellness, and similar programs text
(27) Carrier progress toward health care cost savings and reduced administrative costs text
(28) Description of HBP use of innovative features to reduce premium growth and use of unnecessary health services text
(29) Data necessary for school districts to more effectively and competitively manage and procure health insurance plans for employees text

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NEW SECTION
WAC 284-198-050   Contact person.   Carriers must notify the commissioner of the name of the person within their organization to whom the survey instrument and data call should be sent. The commissioner will contact the carrier through the person identified to communicate the data call, and to obtain answers to questions about the carrier's data submission. The notification must be submitted to 5940survey@oic.wa.gov, and must include the person's name, title, electronic mail address, physical address and telephone number. Carriers must provide the commissioner with notification within one week after the effective date of this chapter.

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NEW SECTION
WAC 284-198-055   Health plan data needed by school districts -- Association health plans.   (1) Carriers must provide to a school district any health plan data in the possession of the carrier that is needed by the school district in order to respond to the district's data reporting requirements under RCW 28A.400.275 and 48.02.210.

     (2) Carriers that provide coverage to school district employees through association health plans must require the association to provide to a school district any health plan data in the possession of the association that is needed by the school district in order to respond to the district's data reporting requirements under RCW 28A.400.275 and 48.02.210.

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