Title of Rule and Other Identifying Information: Requests for permitted accounting practice.
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 December 23, 2008.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These proposed rules set forth the requirements and procedures for a domestic insurer to obtain the insurance commissioner's approval to use a permitted accounting practice in filing its annual and quarterly financial statements with the commissioner.
Reasons Supporting Proposal: Domestic insurance companies must prepare and file their annual and quarterly financial statements with the commissioner according to state law and the National Association of Insurance Commissioner (NAIC) Accounting Practices and Procedures Manual. If the insurer wishes to use an accounting practice that differs from state law and/or the NAIC manual the commissioner's prior approval is required. The NAIC manual requires that the commissioner notify the NAIC and other states' insurance commissioners when such a permitted accounting practice is being used by a Washington domestic insurer. The manual also requires that the commissioner include certain information in this notice. Providing this notice and information will provide greater transparency to the insurance buying public as to a Washington domestic insurance company's financial status.
Statutory Authority for Adoption: RCW 48.02.060, 48.44.050, 48.46.200.
Statute Being Implemented: RCW 48.05.073, 48.12.010(12), 48.12.050, 48.12.170, 48.12.180, 48.13.030, 48.13.160, 48.13.170, 48.13.250, 48.13.270, 48.36A.260, 48.43.097, 48.44.095, 48.46.080, 48.125.090.
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: Jim Tompkins, P.O. Box 40258, Olympia, WA 98504-0258, (360) 725-7036; Implementation and Enforcement: Dennis Julnes, P.O. Box 40255, Olympia, WA 98504-0255, (360) 725-7209.
October 22, 2008
PERMITTED ACCOUNTING PRACTICES
WAC 284-07-500 Definitions. For purposes of this rule:
(1) A "permitted accounting practice" is an accounting practice that departs from the National Association of Insurance Commissioners (NAIC) Accounting Practices and Procedures Manual or state prescribed accounting practices, and has been approved in writing by the commissioner.
(2) "State prescribed accounting practices" are those accounting practices that are incorporated directly or by reference by Titles 48 RCW and 284 WAC applicable to domestic insurers.
(3) A "domestic insurer" includes an entity organized under the laws of this state as an insurer authorized under chapter 48.05 RCW, a fraternal benefit society licensed under chapter 48.36A RCW, a health care service contractor registered under chapter 48.44 RCW, a health maintenance organization registered under chapter 48.46 RCW, a self-funded multiple employer welfare arrangement authorized under chapter 48.125 RCW, or other entity regulated under Title 48 RCW and required to comply with the NAIC Accounting Practices and Procedures Manual and state prescribed accounting practices.
(2) An insurer must submit its request for a permitted accounting practice to the commissioner in writing.
(3) A request for a permitted accounting practice must be received by the commissioner more than thirty days prior to its proposed effective date and may not be used until thirty days after the commissioner has approved the practice in writing. For good cause shown, the commissioner may reduce either time period.
(4) Instructions as to how and where a domestic insurer must send its request for a permitted accounting practice to the commissioner may be found on the commissioner's web site at www.insurance.wa.gov.
(5) The insurer may not implement any permitted practice prior to written approval by the commissioner.
(6) An insurer may use only those permitted accounting practices which have been specifically approved for that insurer and only for the time period permitted by the commissioner.
(1) The proposed effective date and the date of the first filed financial statement in which the proposed permitted accounting practice will be reported;
(2) A detailed description of the permitted accounting practice being requested, including specific citation to the NAIC Accounting Practices and Procedures Manual or state prescribed accounting practices from which the proposed permitted accounting practice will depart;
(3) The periods, if any, in which the proposed permitted accounting practice was previously in effect;
(4) The period in which the proposed permitted accounting practice will be effective (e.g., specific beginning and ending dates);
(5) Specific identification of each financial statement line item and its respective impact from the proposed permitted accounting practice. The respective impact must compare the financial statements prepared in accordance with RCW 48.05.073, 48.36A.263, 48.43.097, or 48.125.090(2) and financial statements incorporating the permitted accounting practices;
(6) The total financial impact on the capital and surplus of the proposed permitted accounting practice and any other previously granted permitted accounting practices. The total impact must compare the financial statements prepared in accordance with RCW 48.05.073, 48.36A.263, 48.43.097, or 48.125.090(2) and financial statements incorporating the permitted accounting practice; and
(7) The capital and surplus effect of the proposed permitted accounting practice, on a legal entity basis, on the domestic insurer, its ultimate and intermediate parents and all affiliated United States insurers. The capital and surplus effect must compare the financial statements prepared in accordance with RCW 48.05.073, 48.36A.263, 48.43.097, or 48.125.090(2) and financial statements incorporating the permitted accounting practice on a legal entity basis on the domestic insurer, its ultimate and intermediate parents and all affiliated United States insurers.