ESB 6458 -
By Committee on Health Care & Wellness
ADOPTED 03/07/2014
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 48.02.060 and 2010 c 27 s 1 are each amended to read
as follows:
(1) The commissioner has the authority expressly conferred upon him
or her by or reasonably implied from the provisions of this code.
(2) The commissioner must execute his or her duties and must
enforce the provisions of this code.
(3) The commissioner may:
(a) Make reasonable rules for effectuating any provision of this
code, except those relating to his or her election, qualifications, or
compensation. Rules are not effective prior to their being filed for
public inspection in the commissioner's office.
(b) Conduct investigations to determine whether any person has
violated any provision of this code.
(c) Conduct examinations, investigations, hearings, in addition to
those specifically provided for, useful and proper for the efficient
administration of any provision of this code.
(4) When the governor proclaims a state of emergency under RCW
43.06.010(12), the commissioner may issue an order that addresses any
or all of the following matters related to insurance policies issued in
this state:
(a) Reporting requirements for claims;
(b) Grace periods for payment of insurance premiums and performance
of other duties by insureds;
(c) Temporary postponement of cancellations and nonrenewals; and
(d) Medical coverage to ensure access to care.
(5) An order by the commissioner under subsection (4) of this
section may remain effective for not more than sixty days unless the
commissioner extends the termination date for the order for an
additional period of not more than thirty days. The commissioner may
extend the order if, in the commissioner's judgment, the circumstances
warrant an extension. An order of the commissioner under subsection
(4) of this section is not effective after the related state of
emergency is terminated by proclamation of the governor under RCW
43.06.210. The order must specify, by line of insurance:
(a) The geographic areas in which the order applies, which must be
within but may be less extensive than the geographic area specified in
the governor's proclamation of a state of emergency and must be
specific according to an appropriate means of delineation, such as the
United States postal service zip codes or other appropriate means; and
(b) The date on which the order becomes effective and the date on
which the order terminates.
(6) The commissioner may adopt rules that establish general
criteria for orders issued under subsection (4) of this section and may
adopt emergency rules applicable to a specific proclamation of a state
of emergency by the governor.
(7) The rule-making authority set forth in subsection (6) of this
section does not limit or affect the rule-making authority otherwise
granted to the commissioner by law.
(8) In addition to the requirements of the administrative procedure
act established in chapter 34.05 RCW, the commissioner must provide
notice of proposed rule making on matters related to health care
insurance to the health care committees of the legislature, the health
benefit exchange established under chapter 43.71 RCW, the health care
authority established under chapter 41.05 RCW, and the governor. In
the event a dispute arises among the state officials and entities
implementing the federal patient protection and affordable care act,
the governor shall convene a meeting of the following officials and
entities to resolve the dispute:
(a) The insurance commissioner;
(b) The health care authority;
(c) The department of health;
(d) The department of social and health services;
(e) The governor's legislative affairs and policy office;
(f) The office of financial management;
(g) The health benefit exchange; and
(h) Any other officials or entities the governor deems appropriate,
including:
(i) The department of corrections;
(ii) The department of veterans affairs; and
(iii) The department of labor and industries.
(9) The governor may utilize the governor's health leadership team
established in Executive Order 13-05 as a forum to convene the meeting
required in subsection (8) of this section.
(10) The governor shall report the resolution of the meeting to the
appropriate committees of the legislature and the joint select
committee on health care oversight."
Correct the title.
EFFECT: Removes provisions allowing the chairs of the health care committees of the Legislature to notify the Joint Administrative Rules Review Committee when a party objects to health insurance rules adopted by the Insurance Commissioner. Requires the Governor to convene a meeting in the event a dispute arises regarding the implementation of the federal Patient Protection and Affordable Care Act. Requires the meeting to include the Insurance Commissioner, the Health Care Authority, the Department of Health, the Department of Social and Health Services, the Governor's Legislative Affairs and Policy Office, the Office of Financial Management, the Health Benefit Exchange, and any other officials or entities the Governor deems appropriate, including the Department of Corrections, the Department of Veterans Affairs, and the Department of Labor and Industries. Allows the Governor to utilize the Governor's Health Leadership Team as a forum to convene the meeting. Requires the Governor to report the resolution of the meeting to the appropriate committees of the Legislature and to the Joint Select Committee on Health Care Oversight.