WSR 02-01-031

PREPROPOSAL STATEMENT OF INQUIRY

OFFICE OF THE

INSURANCE COMMISSIONER

[ Insurance Commissioner Matter No. R 2001-14 -- Filed December 10, 2001, 10:25 a.m. ]

Subject of Possible Rule Making: The commissioner will consider rule changes to ensure Washington state compliance with the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). Subject areas may include the availability of private individual insurance coverage, the identification of "eligible individuals," provisions relating to a "creditable coverage" determination, portability of coverage, and other corrections and clarifications.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 48.02.060, 48.30.010, 48.41.040, 48.41.100, 48.41.110, 48.41.120, 48.41.200, 48.43.012, 48.43.015, 48.43.018, 48.43.025, 48.43.038, 48.43.041, 48.44.050, 48.46.200.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The federal Centers for Medicare and Medicaid services (CMS) requests rule changes in order to ensure Washington state's compliance with certain provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). This rule making is undertaken in relation to a Technical Assistance Advisory (T01-01) published on September 6, 2001, that initially outlined the CMS requirements.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The federal Centers for Medicare and Medicaid services (CMS) oversee HIPAA compliance. The Office of the Insurance Commissioner will coordinate with CMS to ensure compliance with federal standards.

Process for Developing New Rule: Agency study; and please send any comments regarding this rule to Kacy Scott, P.O. Box 40255, Olympia, WA 98504-0255, e-mail Kacyb@oic.wa.gov, fax (360) 664-2782, by February 4, 2002.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Kacy Scott, P.O. Box 40255, Olympia, WA 98504-0255, e-mail Kacyb@oic.wa.gov, fax (360) 664-2782.

December 6, 2001

Mike Kreidler

Insurance Commissioner

Washington State Code Reviser's Office