ESHB 1220 -
By Senators Becker, Keiser
ADOPTED 04/07/2011
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 48.02.120 and 1985 c 264 s 2 are each amended to read
as follows:
(1) The commissioner shall preserve in permanent form records of
his or her proceedings, hearings, investigations, and examinations, and
shall file such records in his or her office.
(2) The records of the commissioner and insurance filings in his or
her office shall be open to public inspection, except as otherwise
provided by this code.
(3) Except as provided in subsection (4) of this section, actuarial
formulas, statistics, and assumptions submitted in support of a rate or
form filing by an insurer, health care service contractor, or health
maintenance organization or submitted to the commissioner upon his or
her request shall be withheld from public inspection in order to
preserve trade secrets or prevent unfair competition.
(4) For individual and small group health benefit plan rate filings
submitted on or after July 1, 2011, subsection (3) of this section
applies only to the numeric values of each small group rating factor
used by a health carrier as authorized by RCW 48.21.045(3)(a),
48.44.023(3)(a), and 48.46.066(3)(a). Subsection (3) of this section
may continue to apply for a period of one year from the date a new
individual or small group product filing is submitted or until the next
rate filing for the product, whichever occurs earlier, if the
commissioner determines that the proposed rate filing is for a new
product that is distinct and unique from any of the carrier's currently
or previously offered health benefit plans. Carriers must make a
written request for a product classification as a new product under
this subsection and must receive subsequent written approval by the
commissioner for this subsection to apply.
(5) Unless the commissioner has determined that a filing is for a
new product pursuant to subsection (4) of this section, for all
individual or small group health benefit rate filings submitted on or
after July 1, 2011, the health carrier must submit part I rate increase
summary and part II written explanation of the rate increase as set
forth by the department of health and human services at the time of
filing, and the commissioner must:
(a) Make each filing and the part I rate increase summary and part
II written explanation of the rate increase available for public
inspection on the tenth calendar day after the commissioner determines
that the rate filing is complete and accepts the filing for review
through the electronic rate and form filing system; and
(b) Prepare a standardized rate summary form, to explain his or her
findings after the rate review process is completed. The
commissioner's summary form must be included as part of the rate filing
documentation and available to the public electronically."
ESHB 1220 -
By Senators Becker, Keiser
ADOPTED 04/07/2011
On page 1, line 1 of the title, after "rates;" strike the remainder of the title and insert "and amending RCW 48.02.120."