WSR 04-21-054

EXPEDITED RULES

OFFICE OF

INSURANCE COMMISSIONER

[ Filed October 18, 2004, 2:15 p.m. ]

     Title of Rule and Other Identifying Information: Chapter 284-49 WAC, Washington basic coverage policy (small group) insurance regulation, Insurance Commissioner Matter No. R 2004-07.

NOTICE

     THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Kacy Scott, Insurance Commissioner, P.O. Box 40255, Olympia, WA 98504-0255, e-mail Kacys@oic.wa.gov , AND RECEIVED BY December 21, 2004.


     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Small group laws that have been enacted subsequent to the adoption of these regulations create a conflict between those laws and this chapter. This proposal will eliminate that conflict.

     Reasons Supporting Proposal: This chapter is in conflict with small group laws that have been enacted subsequent to the adoption of the chapter.

     Statutory Authority for Adoption: RCW 48.02.060, 48.18.110, 48.44.020, 48.44.050, 48.46.060, 48.46.200.

     Statute Being Implemented: RCW 48.21.045, 48.44.023, 48.46.066.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Mike Kreidler, Insurance Commissioner, governmental.

     Name of Agency Personnel Responsible for Drafting: Jon Hedegard, P.O. Box 40255, Olympia, WA 98504, (360) 725-7039; Implementation: Beth Berendt, P.O. Box 40255, Olympia, WA 98504, (360) 725-7117; and Enforcement: Carol Sureau, P.O. Box 40255, Olympia, WA 98504, (360) 725-7050.

October 20, 2004

Mike Kreidler

Insurance Commissioner

OTS-7227.1


AMENDATORY SECTION(Amending Order 90-10, filed 9/4/90, effective 10/5/90)

WAC 284-49-010   ((Scope.)) Reservation of chapter.   ((The regulations contained in this chapter shall apply to all policies or contracts issued to groups of fewer than twenty-five employees by disability insurers, health care service contractors and health maintenance organizations, pursuant to the authority of chapter 187, Laws of 1990, and such policies or contracts shall be referred to as "basic coverage policies." All other policies or contracts issued by disability insurers, health care service contractors, and health maintenance organizations shall conform to all other provisions of the Insurance Code and regulations issued thereunder applying to the type of policy or contract being issued.)) Chapter 284-49 WAC is reserved for future small group health regulations.

[Statutory Authority: RCW 48.02.060 [(3)](a), 48.18.110(2), 48.44.020 (2)(d), 48.44.050, 48.46.060 (3)(d), 48.46.200 and 1990 c 187. 90-18-076 (Order 90-10), § 284-49-010, filed 9/4/90, effective 10/5/90.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 284-49-020 Supplanting or superseding of existing policies.
WAC 284-49-050 Definitions.
WAC 284-49-100 Forms -- prior approval.
WAC 284-49-115 General contents of form and rate filings.
WAC 284-49-300 Minimum policy requirements.
WAC 284-49-330 Minimum coverage.
WAC 284-49-500 Standards for loss ratios.
WAC 284-49-510 Filing requirements.
WAC 284-49-520 Experience records.
WAC 284-49-900 Collection of data and reporting.
WAC 284-49-999 Separability.

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