WSR 09-10-053



(Public Employees Benefits Board)

[ Order 09-02 -- Filed May 4, 2009, 8:32 a.m. ]

Subject of Possible Rule Making: The public employee's benefits board (PEBB) rules related to enrollment in chapter 182-08 WAC; eligibility in chapter 182-12 WAC; and appeals in chapter 182-16 WAC.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.160.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The main purpose of this rule making is to amend PEBB rules in TITLE 182 WAC and adopt new rules to:

1. Implement provisions of ESHB 2245 affecting employee eligibility.

2. Implement PEBB policy clarifying dependent eligibility and enrollment requirements.

3. Amend rules to align with federal laws, including Michelle's law and the various economic stimulus bills.

4. Implement state legislation.

5. Allow members a maximum of twelve months following the birth or adoption of a child to provide information necessary for the health care authority (HCA) to provide health care coverage to newborn and newly adopted children back to the date of birth.

6. Define eligibility criteria for domestic partners.

7. Clarify language regarding special open enrollment events.

8. Clarify options for continuing coverage for employees when they are no longer eligible for PEBB insurance coverage paid for by their employer.

In addition to these specific subject areas, HCA will conduct a full review of PEBB rules in these chapters, make necessary technical corrections, and make necessary amendments that effectuate legislative action and PEBB policy.

Process for Developing New Rule: Stakeholder mailing and public hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Individuals wishing to receive PEBB rule-making notices are encouraged to join our LISTSERV, PEBB-RULE-MAKING-NOTICE, via this link or by logging on to and selecting our LISTSERV from the Public E-mail List.

If you have questions about this rule making, contact Barbara Scott at (360) 923-2642 or Matthew Albright at (360) 923-2629 or the Health Care Authority, P.O. Box 42684, Olympia, WA 98504-2684,,

May 4, 2009

Jason Siems

Rules Coordinator

Washington State Code Reviser's Office