PREPROPOSAL STATEMENT OF INQUIRY
INSURANCE COMMISSIONER
Subject of Possible Rule Making: Consumer Financial and Health Information Privacy. The commissioner will consider new rules to comply with the federal Gramm-Leach-Bliley Act and to implement the health privacy sections of the recently enacted "patient bills of rights." In addition, the commissioner will consider ways to coordinate issues of health information privacy with federal privacy initiatives.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 48.02.060, 48.18.120, 48.20.450, 48.20.460, 48.30.010, 48.44.050, 48.46.100, 48.46.200; section 5, chapter 5, Laws of 2000; Gramm-Leach-Bliley Act §501(b).
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Comply with requirement in the federal Gramm-Leach-Bliley Act for regulations relating to the security and confidentiality of customer records and information, protecting against threats or hazards to the security or integrity of records, and protecting against unauthorized access or use. The commissioner is considering integrating into this rule making the health privacy issues to implement the recently enacted "patient bill rights" chapter 5, Laws of 2000, (E2SSB 6199) that are contemplated in rule making R 2000-05.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other state or federal agencies regulate insurance companies in this area. The National Association of Insurance Commissioners has prepared a model regulation to comply with federal law, and has coordinated that model with federal agencies. Other state agencies are expressly subject to any rules adopted under the patient bill of rights. The commissioner will work with these state agencies to develop a coordinated approach to consumer protection. The commissioner will also consider relevant federal agency activity to avoid conflicting standards.
Process for Developing New Rule: Agency study; and comments of interested parties are welcomed. Please send comments by November 6, 2000, to Kacy Brandeberry, P.O. Box 40256, Olympia, WA 98504-0256, phone (360) 664-3784, fax (360) 664-2782, e-mail KacyB@oic.wa.gov.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Kacy Brandeberry, P.O. Box 40256, Olympia, WA 98504-0256, phone (360) 664-3784, fax (360) 664-2782, e-mail KacyB@oic.wa.gov.
October 4, 2000
D. J. Patin
Deputy Insurance Commissioner