Date of Adoption: March 23, 2000.
Purpose: Implementation and enforcement of SSB 6067, which modifies rate approval, guaranteed issue, guaranteed renewability, portability, adjudication, and preexisting condition limitation provisions, and establishes new procedures of the Washington State Health Insurance Pool.
Citation of Existing Rules Affected by this Order: Amending WAC 284-02-070, 284-43-710, 284-43-720, 284-43-730, 284-43-915, 284-43-930, and 284-43-945.
Statutory Authority for Adoption: RCW 48.02.060, 48.20.450, 48.20.460, 48.30.010, 48.44.020, 48.44.022, 48.44.023, 48.44.050, 48.44.080, 48.46.030, 48.46.064, 48.46.066, 48.46.200, 48.46.243, 48.92.140.
Other Authority: RCW 48.01.020, 48.04.010.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: Most of the provisions of SSB 6067 that are administered by the Office of Insurance Commissioner (OIC) take effect on March 23, 2000. Unless these rules take effect immediately, several sections of the OIC WACs will be in conflict with statutes created by this act.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 7, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 7, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Immediately.
March 23, 2000
Chief Deputy Commissioner
AMENDATORY SECTION(Amending Matter No. R 96-3, filed 4/10/96, effective 5/11/96)
Hearings of the insurance commissioner.
(1)(a) Hearings of the insurance commissioner's office are conducted according to chapter 48.04 RCW and the Administrative Procedure Act (chapter 34.05 RCW). Two types of hearings are conducted: Rule-making hearings and adjudicative proceedings or contested case hearings, the latter including appeals from disciplinary actions taken by the commissioner. Under RCW 48.04.010 the commissioner is required to hold a hearing upon demand by any person aggrieved by any act, threatened act, or failure of the commissioner to act, if such failure is deemed an act under the code, or by any report, promulgation, or order of the commissioner other than an order on a hearing of which such person was given actual notice or at which such person appeared as a party, or order pursuant to the order on such hearing. Requests for hearings must be made in writing to the commissioner at the commissioner's Olympia office, must specify how the person making the demand has been aggrieved by the commissioner, and must specify the grounds to be relied upon as the basis for the relief sought.
(b) Files of completed investigations, complaints against insurers, and rate or contract filings maintained by the commissioner are generally available for public inspection and copying during business hours (see chapter 284-03 WAC), subject to other applicable law.
(c) Accommodation will be made for persons needing assistance, for example, where English is not their primary language, or for hearing impaired persons.
(2) Contested cases or adjudicative proceedings.
(a) Provisions specifically relating to disciplinary action taken against insurance agents, brokers, solicitors, adjusters, or viatical settlement brokers are contained in RCW 48.17.530, 48.17.540, 48.17.550, 48.17.560 and chapter 48.102 RCW. Provisions applicable to other adjudicative proceedings are contained in chapter 48.04 RCW and the Administrative Procedure Act (chapter 34.05 RCW). The uniform rules of practice and procedure appear in Title 10 of the Washington Administrative Code. The grounds for disciplinary action against insurance agents, brokers, solicitors, and adjusters are contained in RCW 48.17.530; grounds for similar action against insurance companies are contained in RCW 48.05.140; grounds for actions against fraternal benefit societies are found at RCW 48.36A.300 (domestic) and RCW 48.36A.310 (foreign); grounds for actions against viatical settlement providers are found in chapter 48.102 RCW; grounds for actions against health care service contractors are contained in RCW 48.44.160; and grounds for action against health maintenance organizations are contained in RCW 48.46.130. These statutes provide that the insurance commissioner may suspend or revoke a licensee's license, or the certificate of authority or registration of an insurer, fraternal benefit society, viatical settlement provider, health care service contractor, or health maintenance organization. In addition, the commissioner may generally levy fines against those licensees and organizations.
(b) Adjudicative proceedings or contested case hearings of the insurance commissioner are informal in nature, and compliance with the formal rules of pleading and evidence is not required.
(i) The commissioner ((
may)) must delegate the authority to
hear and determine the matter and enter the final order pursuant
to RCW 48.02.100 and 34.05.461 (( to a presiding officer; or may
utilize the services of an administrative law judge)) in
accordance with RCW 48.04.010 (5) and (6), chapter 34.12 RCW and
the Administrative Procedure Act (chapter 34.05 RCW). The
initial order of an administrative law judge will not become a
final order without the commissioner's review (RCW 34.05.464).
(ii) The hearing will be recorded by any method chosen by the presiding officer. Except as required by law, the commissioner's office is not required, at its expense, to prepare a transcript. Any party, at the party's expense, may cause a reporter approved by the commissioner to prepare a transcript from the agency's record, or cause additional recordings to be made during the hearing if, in the opinion of the presiding officer, the making of the additional recording does not cause distraction or disruption. If appeal from the commissioner's order is made to the superior court, the recording of the hearing will be transcribed, and certified to the court.
(iii) The commissioner or the presiding officer may allow any person affected by the hearing to be present during the giving of all testimony and will allow the aggrieved person a reasonable opportunity to inspect all documentary evidence, to examine witnesses, and to present evidence. Any person heard must make full disclosure of the facts pertinent to the inquiry.
(c) Unless a person aggrieved by an order of the commissioner demands a hearing thereon within ninety days after receiving notice of such order, or in the case of licensees, within ninety days after the commissioner has mailed the order to the licensee at the most recent address shown in the commissioner's licensing records, the right to such a hearing shall conclusively be deemed to have been waived (RCW 48.04.010(3)).
(d) Prehearing or other conferences for the settlement or simplification of issues may be held at the discretion and direction of the presiding officer.
(3) Rule-making hearings. Rule-making hearings of the insurance commissioner are conducted pursuant to the Administrative Procedure Act (chapter 34.05 RCW), chapter 34.08 RCW (the State Register Act), and chapter 48.04 RCW. Under applicable law all interested parties must be afforded an opportunity to express their views concerning a proposed regulation of the insurance commissioner's office, either orally or in writing. The commissioner will accept comments on proposed rules by electronic telefacsimile transmission or electronic mail but will not accept comments by recorded telephonic communication (RCW 34.05.325(3)). Notice of intention of the insurance commissioner to adopt a proposed rule or regulation is published in the state register and is sent to anyone who has requested notice in advance and to persons who the commissioner determines would be particularly interested in the proceeding. The commissioner may require persons requesting copies of all proposed rule-making notices of inquiry and hearing notices to pay the cost of mailing these notices pursuant to RCW 34.05.320(3).
[Statutory Authority: RCW 48.02.060 and 34.05.220 (1)(b). 96-09-038 (Matter No. R 96-3), § 284-02-070, filed 4/10/96, effective 5/11/96. Statutory Authority: RCW 48.02.060 (3)(a). 91-17-013 (Order R 91-5), § 284-02-070, filed 8/13/91, effective 9/13/91; 88-23-079 (Order R 88-10), § 284-02-070, filed 11/18/88; Order R-68-6, § 284-02-070, filed 8/23/68, effective 9/23/68.]
AMENDATORY SECTION(Amending Matter No. R 99-2, filed 1/24/00, effective 2/24/00)
Portability of health insurance benefits.
(1) For a health benefit plan offered or provided to a group
other than a small group, every health carrier shall ((
reduce any preexisting condition exclusion or limitation for
persons or groups who had similar health coverage under a
different health plan at any time during the three-month period
immediately preceding the date of application for the new health
plan to the extent that such person was continuously covered
under the immediately preceding health plan. If the person was
continuously covered for at least three months under the
immediately preceding health plan, the carrier may not impose a
waiting period for coverage of preexisting conditions unless the
plan is dissimilar to the immediately preceding plan as
determined in accordance with subsection (4) of this section. If
the person was continuously covered for less than three months
under the immediately preceding health plan, the carrier may not
impose a waiting period for a preexisting condition that exceeds
the difference between the number of months the person was
continuously covered under the immediately preceding health plan
and any preexisting condition waiting period under the new health
plan. For purposes of portability of benefits under (( this
section)) RCW 48.43.015 and to meet federal requirements (adapted
from the federal definition of "creditable coverage" under
section 701 of Public Law 104-191, August 21, 1996), "health
(a) Employer provided health plans including self-funded plans;
(b) Part A or part B of Title XVIII of the Social Security Act;
(c) Title XIX of the Social Security Act, other than coverage consisting solely of benefits under section 1928 of the Act;
(d) Chapter 55 of Title 10, United States Code;
(e) A medical care program of the Indian Health Service or of a tribal organization;
(f) The Washington state health insurance pool created under RCW 48.41.040;
(g) A health plan offered under chapter 89 of Title 5, United States Code;
(h) The state basic health plan; and
(i) A health benefit plan under section 5(e) of the Peace Corps Act (22 U.S.C. Sec. 2504(e)).
(2) When an employer providing group health coverage to his or her employees imposes a probationary period or similar delay in eligibility for health plan coverage of new employees, the health carrier shall count the day of first employment with the new employer as the first day of coverage for purposes of applying the portability of benefit provisions of this section so that the new employees and dependents obtain the protections of this rule at the end of such probationary period.
(3) A carrier may not avoid the portability requirements of this section by taking into consideration, for rating purposes, the health condition or health experience of a person applying for an individual health plan or of a person being added to an existing group plan. For example, a person being added to a group or applying for an individual health plan who is availing himself or herself of the portability provisions of this section may not be rated based upon health conditions or past health experience.
(4) For purposes of this section only, a new health plan is similar to the immediately preceding health plan if the actuarial value of the benefits under the new health plan as a whole is not more than twenty-five percent greater than the benefits provided under the immediately preceding health plan when all cost-sharing and other benefit limitations are taken into consideration.
A health carrier asserting that the new health plan is dissimilar to the immediately preceding health plan of a person applying for coverage must provide such person with a written statement describing the basis for the carrier's determination.
(5) Nothing contained in this section requires a health carrier to amend a health plan to provide new benefits in its existing health plans. For example, if a person was provided maternity benefits under the immediately preceding health plan, the carrier need not amend the new health plan being purchased to provide such benefits if the new health plan being purchased does not include maternity benefits for any covered person. In addition, nothing in this section requires a carrier to waive benefit limitations not related to an individual or group's preexisting conditions or health history. For example, this rule does not apply to a one-year waiting period for use of a particular benefit (e.g., organ transplants) imposed equally upon all covered persons without regard to health condition. However, this rule does prohibit and a carrier may not apply any waiting period or similar exclusion for use of maternity benefits under a group plan whether or not related to preexisting health conditions.
[Statutory Authority: RCW 48.02.060, 48.18.120, 48.20.450, 48.20.460, 48.30.010, 48.44.050, 48.46.030, 48.46.200. 00-04-034 (Matter No. R 99-2), § 284-43-710, filed 1/24/00, effective 2/24/00. Statutory Authority: RCW 48.02.060, 48.20.450, 48.20.460, 48.30.010, 48.44.020, 48.44.050, 48.44.080, 48.46.030, 48.46.060(2), 48.46.200 and 48.46.243. 98-04-005 (Matter No. R 97-3), § 284-43-710, filed 1/22/98, effective 2/22/98.]
(1) All health carriers offering or providing group coverage shall accept for enrollment any state resident within the group to whom the plan is offered or provided and within the carrier's service area and provide or assure the provision of all covered services regardless of age, sex, family structure, ethnicity, race, health conditions, geographic location, employment status, socioeconomic status, other conditions or situation, or HIV status. Thus, health carriers may not reject health plan applicants and may not limit or exclude plan coverage for any reason associated with health risk or perceived health risk except for the imposition of a preexisting condition exclusion as permitted in this chapter.
(2) No carrier may reject an applicant for any health plan it offers based upon preexisting conditions of the applicant or in the case of a group applicant, individuals within the group and no carrier may deny, exclude, or otherwise limit coverage for an individual's preexisting health conditions; except that a carrier may impose a three-month benefit waiting period for preexisting conditions for which medical advice was given, or for which a provider recommended or provided treatment within the three months before the effective date of coverage.
When an employer providing group health coverage to his or her employees imposes a probationary period or similar delay in eligibility for health plan coverage of new employees, the health carrier shall count the day of first employment as the effective date of coverage for purposes of calculating the preexisting condition waiting period. However, if an employee who works in a job category that is excluded from coverage under the plan later enters a benefits eligible job category, then the carrier shall count from the date the employee first enters the benefits eligible job category. For example, if an employee starts as a benefits ineligible part-time employee and later becomes a benefits eligible full-time employee, the carrier shall count from the date the employee's status changes to full-time.
(3) Genetic information shall not be treated as a health condition in the absence of a diagnosis of the condition related to such information.
(4) A carrier may not impose any preexisting condition exclusion relating to pregnancy as a preexisting condition in group health plans.
(5) No carrier may avoid the requirements of this section through the creation of a new rate classification or the modification of an existing rate classification. A new or changed rate classification will be deemed an attempt to avoid the provisions of this section if the new or changed classification would substantially discourage applications for coverage from individuals or groups who are higher than average health risks. For example, a carrier could not create a new rate classification for "uninsurable risks."
(6) The guaranteed issue provisions of this section do not apply to health plans in which the carrier has zero enrollment.
[Statutory Authority: RCW 48.02.060, 48.18.120, 48.20.450, 48.20.460, 48.30.010, 48.44.050, 48.46.030, 48.46.200. 00-04-034 (Matter No. R 99-2), § 284-43-720, filed 1/24/00, effective 2/24/00. Statutory Authority: RCW 48.02.060, 48.20.450, 48.20.460, 48.30.010, 48.44.020, 48.44.050, 48.44.080, 48.46.030, 48.46.060(2), 48.46.200 and 48.46.243. 98-04-005 (Matter No. R 97-3), § 284-43-720, filed 1/22/98, effective 2/22/98.]
(1) All health plans offered or provided to groups shall contain or incorporate by endorsement, a guarantee of the continuity of coverage of the plan.
(2) The guarantee of continuity of coverage required in health plans shall not prevent a carrier from canceling or nonrenewing a health plan, without the prior approval of the insurance commissioner:
(a) For nonpayment of premiums or contributions in accordance with the terms of the health plan;
(b) When the covered person has performed an act or practice that constitutes fraud or made an intentional misrepresentation of material fact under the terms of the plan;
(c) In the case of a group plan, when the group sponsor has failed to comply with a material plan provision relating to employer contribution or group participation rules except as limited under RCW 48.21.045, 48.44.023, or 48.46.064;
(d) When the carrier is withdrawing from a service area or from a segment of its service area because the carrier has demonstrated to the insurance commissioner that the carrier's clinical, financial, or administrative capacity to serve covered persons would be exceeded; and
(e) When the carrier is ceasing to offer the plan and replaces the plan with another plan offered to all covered persons within that class or line of business that includes all of the health care services covered under the replaced plan and does not significantly limit access to the kind of services covered under the replaced plan. The carrier may also allow unrestricted conversion to a fully comparable product.
(3) The provisions of this section do not apply to health plans deemed by the commissioner to be for a unique, limited, or short-term purpose after a written request for such classification by the carrier and subsequent written approval by the commissioner.
(4) In any case in which a carrier decides to discontinue offering a particular individual or group plan as permitted under subsection (2)(e) of this section, the carrier must provide notice to each covered person of the discontinuation at least ninety days prior to discontinuation.
(5) In any case in which a carrier nonrenews an individual or group plan as permitted under this section, the carrier shall ensure that covered persons receive notice of nonrenewal including the reason for such nonrenewal.
[Statutory Authority: RCW 48.02.060, 48.20.450, 48.20.460, 48.30.010, 48.44.020, 48.44.050, 48.44.080, 48.46.030, 48.46.060(2), 48.46.200 and 48.46.243. 98-04-005 (Matter No. R 97-3), § 284-43-730, filed 1/22/98, effective 2/22/98.]
In addition to the requirements of RCW 48.44.022, 48.44.023, 48.46.064, and 48.46.066, where applicable:
(1) For ((
individual and)) small group plans, benefits shall
be found not to be unreasonable in relation to the amount charged
if one or more of the following is true:
(a) The requested increase in the community rate is zero percent or less and the anticipated loss ratio is seventy percent or more; or
(b) The anticipated loss ratio is eighty percent or more and the requested increase in the community rate is not more than the applicable rate in the following table.
|CPI*||Maximum Rate Increase
|7% or less||CPI*+3%|
|7% to 10%||10%|
|10% or more||CPI*|
|*||CPI refers to the rate of increase in the medical care component of the consumer price index for all urban consumers.|
(3) If the conditions of subsection (1) or (2) of this section are not met, benefits shall be found not to be unreasonable if the projected earned premium for the rate renewal period is equal to the following:
(a) An actuarially sound estimate of incurred claims associated with the filing for the rate renewal period, where the actuarial estimate of claims shall recognize, as applicable, the savings and costs associated with managed care provisions of the plans included in the filing; plus
(b) An actuarially sound estimate of prudently incurred expenses associated with the plans included in the filing for the rate renewal period, where the estimate shall be based on an equitable and consistent expense allocation or assignment methodology; plus
(c) An actuarially sound provision for contribution to surplus, contingency charges, or risk charges, where the justification shall recognize the carrier's investment earnings on assets other than those related to claim reserves or other similar liabilities; minus
(d) An actuarially sound estimate of the forecasted investment earnings on assets related to claim reserves or other similar liabilities for the plans included in the filing for the rate renewal period.
(4) The contribution to surplus, contingency charges, or risk charges in subsection (3)(c) of this section, shall not be required to be less than zero.
(5) For the purposes of this section, the rate of increase in the medical care component of the consumer price index for all urban consumers shall be measured by comparing the index for the month immediately preceding the month in which the filing is submitted to the index for the corresponding calendar month for the prior year.
[Statutory Authority: RCW 48.02.060, 48.44.050, 48.46.200, 48.44.020 (2)(d), 48.44.022, 48.44.023, 48.46.060 (3)(d) and (5), 48.46.064 and 48.46.066. 98-04-011 (Matter No. R 97-2), § 284-43-915, filed 1/23/98, effective 3/1/98.]
RCW 48.44.022(3) and 48.46.064(3) the
experience of all individual plans shall be pooled; and under))
RCW 48.44.023 (3)(i) and 48.46.066 (3)(i) the experience of all
small group plans shall be pooled. Filings for individual plans
shall include base rates for all individual plans and filings for
small group plans shall include base rates for all small group
plans. Each (( individual and)) small group filing shall include
all of the following information and documents:
(1) An actuarially sound estimate of incurred claims. Experience data, assumptions, and justifications of the carrier's projected incurred claims shall be provided in a manner consistent with the carrier's rate-making methodology and incorporate the following elements:
(a) A brief description of the carrier's rate-making methodology, including identification of the data used and the kinds of assumptions and projections made.
(b) The number of subscribers by family size, or covered persons for the plans included in the filing. These figures shall be shown for each month or quarter of the experience period and the prior two periods if not included in previous filings. This data shall be presented in aggregate for the plans included in the filing and in aggregate for all of the carrier's plans.
(c) Earned premium for each month or quarter of the experience period and the prior two periods if not included in previous filings, for the plans included in the filing.
(d) An estimate of the adjusted earned premium for each month or quarter of the experience period and prior two periods for the plans included in the filing.
(e) Claims data for each month or quarter of the experience period and the prior two periods. Examples of claims data are, incurred claims, capitation payments, utilization data, unit cost data, and staffing data. The specific data elements included in the filing shall be consistent with the carrier's rate-making methodology.
(f) Documentation and justification of any adjustments made to the experience data.
(g) Documentation and justification of the factors and methods used to forecast incurred claims.
(2) An actuarially sound estimate of prudently incurred expenses. Experience data, assumptions, and justifications shall be provided by the carrier as follows:
(a) A breakdown of the carrier's expenses allocated or assigned to the plans included in the filing for the experience period or for the period corresponding to the most recent "annual statement";
(i) Health care service contractors shall provide an expense breakdown at least as detailed as the annual statement schedule "Underwriting and Investment Exhibit, Part 3, Analysis of Expenses" as revised from time to time;
(ii) Health maintenance organizations shall provide an expense breakdown at least as detailed as the "Annual Statement, Report #2: Statement of Revenues, Expenses and Net Worth," for administrative expenses as revised from time to time;
(iii) The allocation and assignment methodology used in (a)(i) or (ii) of this subsection may be based on readily available data and easily applied calculations;
(b) Identification of any experience period expenses that are extraordinary; and
(c) Documentation and justification of the assignment or allocation of expenses to the plans included in the filing; and
(d) Documentation and justification of forecasted changes in expenses.
(3) An actuarially sound provision for contribution to surplus, contingency charges, or risk charges. Assumptions and justifications shall be provided by a carrier as follows:
(a) The methodology, justification, and calculations used to determine the contribution to surplus, contingency charges, or risk charges included in the proposed base rates; and
(b) The carrier's net worth or reserves and unassigned surplus at the beginning of the experience period and at the end of the experience period.
(4) An actuarially sound estimate of forecasted investment earnings on assets related to claim reserves or other similar liabilities. The carrier shall include documentation and justification of forecasted investment earnings identified in dollars, and as a percentage of total premiums and the amount credited to the plans included in the filing.
(5) Adjustment of the base rate. Experience data, assumptions, justifications, and methodology descriptions shall be provided that include:
(a) Justifications for adjustments to the base rate, supported by data if appropriate, attributable to geographic region, age, family size, use of wellness activities, and tenure discounts;
(b) Justifications, supported by data if appropriate, of any other factors or circumstances used to adjust the base rates; and
(c) Description of the methodology used to adjust the base
rate to obtain the premium rate for a specific ((
group, which is detailed enough to allow the commissioner to
replicate the calculation of premium rates if given the necessary
(6) Actuarial certification. Certification by an actuary, as defined by WAC 284-05-060, that the benefits and services to be provided are reasonable in relation to the amount charged.
(7) The requirements of subsections (1) through (6) of this section may be waived or modified upon the finding by the commissioner that a plan contains or involves unique provisions or circumstances and that the requirements represent an extraordinary administrative burden on the carrier. An example of such a situation could include a plan offered by a relatively small carrier, where such plan has limited benefits and is designed to generate an unusually small premium.
[Statutory Authority: RCW 48.02.060 and 48.92.140. 98-11-089 (Matter No. R 98-8), § 284-43-930, filed 5/20/98, effective 6/20/98. Statutory Authority: RCW 48.02.060, 48.44.050, 48.46.200, 48.44.020 (2)(d), 48.44.022, 48.44.023, 48.46.060 (3)(d) and (5), 48.46.064 and 48.46.066. 98-04-011 (Matter No. R 97-2), § 284-43-930, filed 1/23/98, effective 3/1/98.]
INDIVIDUAL AND)) SMALL GROUP FILING SUMMARY
|Carrier Identification Number|
|Rate Renewal Period:||From||To|
Group Plans ))
Proposed Rate Summary
|Current community rate||per month|
|Proposed community rate||per month|
Portion of carrier's total enrollment affected
|Portion of carrier's total premium revenue affected||%|
Components of Proposed Community Rate
|Dollars Per Month||% of Total|
| c) Contribution to surplus,
contingency charges, or risk charges
|d) Investment earnings|
e) Total (a+ b+ c - d)
Summary of Pooled Experience
|From To||From To||From To|
|Beginning Claim Reserve|
|Ending Claim Reserve|
| Contribution to
|Loss Ratio Percentage|
1. Trend Factor Summary
|Type of Service||Annual Trend Assumed||Portion of Claim Dollars|
|2.List the effective date and the rate of increase for all rate changes in
the past three rate period.
|Date %||Date %||Date %|
|3.Since the previous filing, have any changes been made to the factors
or methodology for adjusting base rates?
|Other (specify)||Yes|| No
|4.Attach a table showing the base rate for each plan affected by this filing.|
|5.Attach comments or additional information.|
[Statutory Authority: RCW 48.02.060, 48.44.050, 48.46.200, 48.44.020 (2)(d), 48.44.022, 48.44.023, 48.46.060 (3)(d) and (5), 48.46.064 and 48.46.066. 98-04-011 (Matter No. R 97-2), § 284-43-945, filed 1/23/98, effective 3/1/98.]