WSR 14-08-036 PERMANENT RULES OFFICE OF INSURANCE COMMISSIONER [Insurance Commissioner Matter No. R 2014-01—Filed March 26, 2014, 6:56 a.m., effective April 26, 2014] Effective Date of Rule: Thirty-one days after filing.
Purpose: This new rule repeals WAC 284-43-970, 284-43-975, 284-43-980 and 284-43-985, relating to child only open enrollment requirements and amends WAC 284-170-420 aligning Washington state open enrollment requirements with federal open enrollment requirements.
Citation of Existing Rules Affected by this Order: Repealing WAC 284-43-970, 284-43-975, 284-43-980 and 284-43-985; and amending WAC 284-170-420.
Statutory Authority for Adoption: RCW 48.02.060, 48.18.120(2), 48.44.050, and 48.46.200.
Other Authority: 45 C.F.R. Parts 144, 146 and 147.
Adopted under notice filed as WSR 14-03-131 on January 22, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 4; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 4.
Date Adopted: March 25, 2014.
Mike Kreidler
Insurance Commissioner
REPEALER
The following sections of the Washington Administrative Code are repealed:
AMENDATORY SECTION (Amending WSR 14-01-042, filed 12/11/13, effective 1/1/14)
WAC 284-170-420 Individual market open enrollment requirements.
(1) For purposes of this section, "open enrollment" means a specific period of time each year during which enrollment in a health benefit plan is permitted. This section applies to plans offered in the individual market.
(2) An issuer must limit the dates for enrollment in plans offered on the individual market off the health benefit exchange to the same time period for open enrollment established by the health benefit exchange.
(3) ((In addition to the open enrollment period established by the exchange, an issuer participating in the off-exchange individual market must hold an open enrollment period between March 15th and April 30th each year, making its child-only policies available to those under age nineteen.
(4))) An issuer must prominently display information on its web site about open enrollment periods and special enrollment periods applicable to its plans offered either on or off the health benefit exchange.
(a) The web site information about enrollment periods must provide a consumer with the ability to access or request and receive an application packet for enrollment at any time.
(b) The displayed information must include details written in plain language explaining what constitutes a qualifying event for special enrollment.
(((5))) (4) Written notice of open enrollment must be provided to enrolled persons at some point between September 1st and September 30th of each year.
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