WSR 12-07-091

PREPROPOSAL STATEMENT OF INQUIRY

OFFICE OF

INSURANCE COMMISSIONER

[ Insurance Commissioner Matter No. R 2012-05 -- Filed March 21, 2012, 10:37 a.m. ]

Subject of Possible Rule Making: Short title: Conversion plan rules, amending chapter 284-52 WAC.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 48.02.060, 48.21.270, 48.44.380, and 48.46.460.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Patient Protection and Affordable Care Act (ACA), P.L. 111-148 (2010), and the Genetic Information Nondiscrimination Act (GINA) of 2008, P.L. No. 110-233 (2008), include provisions that conflict with current requirements in the rule for conversion plans. The proposed rule making will align the WAC sections governing conversion plans with the federal requirements.

The commissioner received a petition for rule making, which was granted, asking that the conversion rule standards address coverage for medical care necessitated by a failed suicide attempt. This issue will also be considered.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Health and Human Services (HHS) oversees market reform at the federal level that affects conversion plans. Other than ensuring the rules are aligned with the federal standards, coordination with HHS is not a requisite part of the proposed rule making.

Process for Developing New Rule: Submit written comments by May 9, 2012.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Meg L. Jones, Policy and Rules Manager, P.O. Box 40258, Olympia, WA 98504, (360) 725-7170, fax (360) 586-3109, e-mail megj@oic.wa.gov.

March 21, 2012

Mike Kreidler

Insurance Commissioner

Washington State Code Reviser's Office