PREPROPOSAL STATEMENT OF INQUIRY
OFFICE OF THE
[Insurance Commissioner Matter No. R 2013-11—Filed September 18, 2018, 4:32 p.m.]
I am withdrawing the CR-101 for R 2013-11: Issuer disclosures, notices and processes to protect privacy of health care information. The code reviser's office published this rule in WSR 13-11-144.
Our agency's reason for proposing the rule was to further ensure that issuer practices in disseminating explanation of benefit documents do not contain protected personal health information. As we progressed through the process for this proposed rule, we became aware that the language in RCW 48.43.510
(2)(f) may prevent us from ensuring full protection of confidential health information because it requires insurance companies to provide an annual accounting upon request. Based on the information provided in the accounting, it may not be difficult for that person to determine that someone else on the health plan received a service without their knowledge. As a result, our agency has decided to withdraw the CR-101 and engage with stakeholders to encourage proposing amending legislation.
We will contact stakeholders and make them aware of this withdrawal.