WSR 19-14-108

PREPROPOSAL STATEMENT OF INQUIRY

OFFICE OF THE

INSURANCE COMMISSIONER

[Insurance Commissioner Matter R 2019-10—Filed July 2, 2019, 1:37 p.m.]

Subject of Possible Rule Making: Implementation of SHB 1870 (chapter 33, Laws of 2019), federal Patient Protection and Affordable Care Act—State law.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Sections 2 through 6, 8, 9 and 10 through 16, chapter 33, Laws of 2019, and RCW 48.02.060.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The provisions of SHB 1870 noted above provide authority to the office of the insurance commissioner (OIC) to engage in rule making necessary to implement the provisions of the legislation. The standard for rule making is as follows:

Unless preempted by federal law, the commissioner shall adopt any rules necessary to implement this section, consistent with federal rules and guidance in effect on January 1, 2017, implementing the Patient Protection and Affordable Care Act.

Existing rules may need to be amended to be consistent with SHB 1870, and new rules may be required. Such rules will facilitate implementation of the law by ensuring that all affected entities understand their rights and obligations under the new law.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The health benefit exchange (HBE) must certify a qualified health plan as a condition of being offered on the WashingtonHealthPlanFinder. OIC will coordinate with HBE as needed. HBE will have the opportunity to participate in this rule-making proceeding.

Process for Developing New Rule: Comments due by August 5, 2019.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jane Beyer, 302 Sid Snyder Avenue S.W., Olympia, WA 98504, phone 360-725-7043, fax 360-586-3109, TTY 360-586-0241, email rulescoordinator@oic.wa.gov, web site www.insurance.wa.gov.

July 2, 2019

Mike Kreidler

Insurance Commissioner