WSR 01-04-087

EMERGENCY RULES

OFFICE OF THE

INSURANCE COMMISSIONER

[ Insurance Commissioner Matter No. R 2001-01 -- Filed February 7, 2001, 11:00 a.m. ]

Date of Adoption: February 6, 2001.

Purpose: Extending the effective date of rules adopted under R 2000-03 regarding maternity and prescription 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: Interested parties have asserted that in the promulgation of rules adopted under R 2000-03 deficiencies may have occurred in the Administrative Procedure Act (chapter 34.05 RCW) compliance process. The commissioner requires a period of time to review these assertions and take action, as needed. Although the rules do not take effect until July 1, 2001, health carriers have indicated that they require a minimum of four months to make the necessary health plan modifications before new products can be offered. The current effective date does not provide enough time for the commissioner's review in synchronization with carriers' preparation needs. Extending 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Immediately.

February 6, 2001

Mike Kreidler

Insurance Commissioner



[AMENDATORY SECTION (Amending Matter No. R 2000-03, filed 1/9/01)]WAC 284-43-824   Effective date.   WAC 284-43-821 and 283-43-823 are effective for plans offered, issued, or renewed on or after ((July 1, 2001)) January 1, 2002.

[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.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office