WSR 08-15-157

PREPROPOSAL STATEMENT OF INQUIRY

OFFICE OF

INSURANCE COMMISSIONER

[ Insurance Commissioner Matter No. R 2008-23 -- Filed July 23, 2008, 6:49 a.m. ]

Subject of Possible Rule Making: Prohibitions on use of genetic information in medicare supplemental insurance.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 48.66.165.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The federal Genetic Information Nondiscrimination Act (GINA) prohibits employers and insurers from using genetic information when making employment or coverage decisions. Section 104 of GINA prohibits denial, conditioning, or discrimination in the pricing of a medicare supplemental policy on the basis of genetic information and limits the ability of medicare supplement issuers to request or require genetic testing. It also prohibits the collection of genetic information for underwriting or other purposes prior to enrollment in medicare supplement insurance.

The NAIC will adopt an amendment to its medicare supplement model regulation which, in turn, will be adopted by Washington.

GINA gives states until July 1, 2009, to adopt the new nondiscrimination section of the NAIC model regulation.

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 August 28, 2008, to Kacy Scott, P.O. Box 40255, Olympia, WA 98504-0255, fax (360) 586-3109, e-mail KacyS@oic.wa.gov.

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 40255, Olympia, WA 98504-0255, fax (360) 586-3109, e-mail KacyS@oic.wa.gov.

July 23, 2008

Mike Kreidler

Insurance Commissioner

Washington State Code Reviser's Office