WSR 10-06-082

PREPROPOSAL STATEMENT OF INQUIRY

OFFICE OF

INSURANCE COMMISSIONER

[ Insurance Commissioner Matter No. R 2010-02 -- Filed March 1, 2010, 9:06 a.m. ]

Subject of Possible Rule Making: Joint Underwriting Association (JUA) for midwifery and birthing centers malpractice insurance.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 48.02.060 and 48.87.100.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The current rule limits the entity that may act as the administrator for the midwife JUA to an authorized insurer. Under this rule making, the commissioner will consider options that will: Amend the existing rule to allow other entities to act as the administrator for the JUA, to allow the JUA board the discretion to indemnify the servicing company for acting on its behalf, to change the composition of the board of directors, to change the reporting requirements of the JUA, to change the circumstances under which the board may refuse or cancel coverage for a licensee, update citations and terms which have changed as [a] result of statutory amendments, set forth the order of distribution of the assets of the JUA upon dissolution, and allow the JUA to distribute excess reserves.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Submit written comments by April 16, 2010, to Jim Tompkins, P.O. Box 40258, Olympia, WA 98504-0258, e-mail jimt@oic.wa.gov, fax (360) 586-3109.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jim Tompkins, P.O. Box 40258, Olympia, WA 98504-0258, e-mail jimt@oic.wa.gov, fax (360) 586-3109.

March 1, 2010

Mike Kreidler

Insurance Commissioner

Washington State Code Reviser's Office