WSR 08-03-125

EXPEDITED RULES

OFFICE OF

INSURANCE COMMISSIONER

[ Insurance Commissioner Matter No. R 2008-01 -- Filed January 23, 2008, 7:36 a.m. ]

Title of Rule and Other Identifying Information: Chapter 284-43 WAC, Subchapter G issuance, renewal, and portability of health plans (WAC 284-43-700 through 284-43-730).

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 40258, Olympia, WA 98504-0258, e-mail Kacys@oic.wa.gov , AND RECEIVED BY March 25, 2008.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To repeal chapter 284-43 WAC, Subchapter G. WAC 284-43-700, 284-43-710, 284-43-720, and 284-43-730 were adopted in 1998 to effectuate the 1993 Health Reform Act and to identify federal laws that intersect with state law pursuant to Health Insurance Portability and Accountability Act of 1996 (HIPAA). These rules are no longer needed and are confusing to carriers and consumers.

Reasons Supporting Proposal: WAC 284-43-700, 284-43-710, 284-43-720, and 284-43-730 have not been amended or repealed as new state laws relating to portability of health insurance benefits, guaranteed issue and restrictions on limiting preexisting conditions, and guaranteed renewability have been enacted. During the 2004 legislative sessions state laws were enacted that include references to these federal laws and as a result these rules are out of compliance with current statutes and are no longer needed.

Statutory Authority for Adoption: RCW 48.02.060, 48.20.450, 48.20.460, 48.44.050, 48.46.030, 48.46.200.

Statute Being Implemented: Not applicable.

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: Donna Dorris, P.O. Box 40258, Olympia, WA 98504-0258, (360) 725-7040; Implementation: Beth Berendt, P.O. Box 40255, Olympia, WA 98504-0255, (360) 725-7117; and Enforcement: Carol Sureau, P.O. Box 40255, Olympia, WA 98504-0255, (360) 725-7050.

January 23, 2008

Mike Kreidler

Insurance Commissioner

OTS-1272.1


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 284-43-700 Purpose.
WAC 284-43-710 Portability of health insurance benefits.
WAC 284-43-720 Guaranteed issue and restrictions on the denial, exclusion, or limitation of health benefits for preexisting conditions.
WAC 284-43-730 Guaranteed renewability -- Health insurance.

Washington State Code Reviser's Office