WSR 16-10-049 PREPROPOSAL STATEMENT OF INQUIRY OFFICE OF INSURANCE COMMISSIONER [Insurance Commissioner Matter No. R 2016-07—Filed April 29, 2016, 4:16 p.m.]
Subject of Possible Rule Making: Registration and regulation of pharmacy benefit managers (PBM).
Statutes Authorizing the Agency to Adopt Rules on this Subject: 5ESSB 5857.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The legislature passed 5ESSB 5857 during the 2016 session. This bill requires PBMs to register with the office of the insurance commissioner (OIC), paying a registration fee and a renewal fee that OIC will set through rule making.
The bill also gives the agency enforcement authority over PBMs and gives pharmacies with less than fifteen Washington outlets in their corporate family the right to appeal the results of first-level disputes to OIC.
The department of revenue currently has authority over PBMs and the applicable laws are in chapter 19.340 RCW. OIC will need to do rule making to implement chapter 19.340 RCW in Title 284 WAC and to write such additional rules as may be necessary.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The department of revenue currently regulates PBMs, so OIC will work with them to facilitate this change.
Process for Developing New Rule: Submit written comments by June 17, 2016, to rulescoordinator@oic.wa.gov, fax (360) 586-3109.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Bianca Stoner, P.O. Box 40258, Olympia, WA 98504-0258, rulescoordinator@oic.wa.gov.
April 29, 2016
Mike Kreidler
Insurance Commissioner
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