Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Health Care & Wellness Committee

SSB 5023

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Concerning the filing of group health benefit plans other than small group plans, stand-alone dental plans, and stand-alone vision plans by disability insurers, health care service contractors, and health maintenance organizations.

Sponsors: Senate Committee on Health Care (originally sponsored by Senators Parlette and Keiser).

Brief Summary of Substitute Bill

  • Allows all rates and forms of large group health benefit plans and all stand-alone dental and stand-alone vision plans to be used after they are filed with the Insurance Commissioner.

Hearing Date: 3/17/15

Staff: Jim Morishima (786-7191).

Background:

Contract Forms and Rate Schedules Submitted by Health Service Contractors and Health Maintenance Organizations.

A health service contractor or a health maintenance organization must file every contract form and rate schedule (and modifications thereof) with the Insurance Commissioner. The filing must be made before the contract form is offered for sale to the public or the rate schedule is used, unless the contract form is negotiated. Negotiated contract forms, and their applicable rate schedules, that are placed in effect at the time of negotiation or that have a retroactive effective date must be filed within 30 days of the earlier of: (a) the date contract negotiations are completed; or (b) the date renewal premiums are implemented.

The Insurance Commissioner may disapprove a contract form for a variety of reasons, including:

Contract Forms and Rate Schedules Submitted by Disability Insurers.

Contract forms and rate schedules filed by a disability insurer must be filed and approved by the Insurance Commissioner prior to issuance, delivery, or use. The disability insurer must make the filing at least 30 days prior to the contracts issuance, delivery, or use. The filing is deemed approved after 30 days, unless the Insurance Commissioner affirmatively approves or disapproves the filing. The Insurance Commissioner may extend the 30-day approval period by 15 days.

The Insurance Commissioner may disapprove a contract form for a variety of reasons, including:

Summary of Bill:

For plans issued or renewed on or after January 1, 2016, all rates and forms of group plans other than small group plans (i.e., large group plans) and all stand-alone dental and stand-alone vision plans offered by a health carrier or a limited service health service contractor must be filed with the Insurance Commissioner before the contract form is offered for sale to the public and before the rate schedule is used.

Negotiated contract forms, and their applicable rate schedules, that are placed in effect at the time of negotiation or that have a retroactive effective date must be filed within 30 days of the earlier of: (a) the date contract negotiations are completed; or (b) the date renewal premiums are implemented. Negotiated forms must otherwise comply with state and federal law. Stand-alone dental and stand-alone vision plans offered to out-of-state groups may be negotiated, but must meet Washington standards applicable to group disability insurance coverage issued in other states. "Negotiated contract forms" are defined as health benefit plans, stand-alone dental plans, or stand-alone vision plans where terms and conditions are negotiated and agreed to by the insurer and the policy or contract holder.

The Insurance Commissioner may disapprove of a filing for the same reasons he or she may reject filings made by health service contractors, health maintenance organizations, and disability insurers.

The Insurance Commissioner must adopt rules to standardize the rate and form filing requirements. When adopting the rules, the Insurance Commissioner may use the already adopted standards in place for health care service contractors and health maintenance organizations.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.