WSR 15-23-064

PREPROPOSAL STATEMENT OF INQUIRY

[Insurance Commissioner Matter No. R 2015-16—Filed November 13, 2015, 2:55 p.m.]

Subject of Possible Rule Making: Health plan special enrollment rules.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 48.02.060, 48.18.120(2), 48.20.450, 48.44.050, and 48.46.200.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In 2013, the office of the insurance commissioner (OIC) adopted rules for open and special enrollment periods for the individual and small group market under the Affordable Care Act. The federal government has since adopted additional guidance that is not in the current rules, and some sections of the OIC's existing rules paraphrase federal requirements in a manner that can be difficult to understand.

OIC filed a CR-101 for this rule in July. The scope of the original CR-101 was limited to adding the new guidance and clarifying some existing sections. However, as the OIC has worked on the rule, the agency has identified some additional minor changes that are necessary.

As an example, there are some minor special enrollment issues that aren't included in the original rules, even though they come from federal rules that already existed when OIC originally wrote these rules. There also is a rule reference in WAC 284-170-412(1) that points to an inapplicable section of a federal rule. Because the scope of the original CR-101 was so narrow, OIC is filing this new CR-101 so that the agency has the authority to address such additional minor issues.

Process for Developing New Rule: Submit written comments by January 4, 2016, to rulescoordinator@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 Bianca Stoner, P.O. Box 40258, Olympia, WA 98504-0258, rulescoordinator@oic.wa.gov.

November 13, 2015

Mike Kreidler

Insurance Commissioner