S-1013.1  _______________________________________________

                         SENATE BILL 5588

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senators Wojahn, Snyder, Thibaudeau, Fairley, Winsley, Costa, Hale, Prentice, McAuliffe, Kohl‑Welles, Rasmussen, Franklin and Sellar

Read first time 01/28/1999.  Referred to Committee on Health & Long‑Term Care.

Classifying false advertising of health carriers as unfair or deceptive acts.

    AN ACT Relating to classifying false or misleading advertising by health carriers as unfair and deceptive acts; and adding a new section to chapter 48.43 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 48.43 RCW to read as follows:

    (1) A health carrier shall not engage in unfair or deceptive acts or practices as such acts and practices are prohibited under chapter 48.30 RCW.  Such acts and practices include but are not limited to the placement of any advertisement before the public that is false, inaccurate, or misleading.  Such advertising is a matter affecting the public interest for the purposes of applying chapter 19.86 RCW, and is not reasonable in relation to the development and preservation of business.  A violation of this section constitutes an unfair or deceptive act or practice in trade or commerce for the purpose of applying chapter 19.86 RCW.

    (2) The commissioner may by rule define and prohibit other acts and practices by health carriers found by the commissioner to be unfair and deceptive and harmful to consumers.

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