WSR 11-21-097

EXPEDITED RULES

OFFICE OF

INSURANCE COMMISSIONER

[ Insurance Commissioner Matter No. R 2011-24 -- Filed October 19, 2011, 7:37 a.m. ]

Title of Rule and Other Identifying Information: SERFF filing instructions, amending WAC 284-44A-040, 284-44A-050, 284-46A-040, 284-46A-050, 284-58-025, and 284-58-030.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Donna Dorris, Office of the Insurance Commissioner, P.O. Box 40258, Olympia, WA 98504-0258, e-mail Donnad@oic.wa.gov , AND RECEIVED BY December 20, 2011.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposed rule will make the title of the SERFF filing instructions consistent throughout chapters 284-44, 284-46, and 284-58 WAC.

Reasons Supporting Proposal: The purpose of this proposed rule is to rename the naming convention for all SERFF filing instructions to make the titles consistent throughout the WAC chapters and prevent confusion for carriers when using the filing instructions.

Statutory Authority for Adoption: RCW 48.02.060, 48.44.050, 48.46.200, 48.110.150.

Statute Being Implemented: Chapters 48.44, 48.46, 48.21 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Mike Kreidler, insurance commissioner, governmental.

Name of Agency Personnel Responsible for Drafting: Donna Dorris, P.O. Box 40258, Olympia, WA 98504-0258, (360) 725-7040; Implementation: Beth Berendt, P.O. Box 40255, Olympia, WA 98505-0255 [98504-0255], (360) 725-7117; and Enforcement: Carol Sureau, P.O. Box 40255, Olympia, WA 98505-0255 [98504-0255], (360) 725-7050.

October 19, 2011

Mike Kreidler

Insurance Commissioner

OTS-4326.1


AMENDATORY SECTION(Amending Matter No. R 2009-04, filed 12/17/09, effective 1/17/10)

WAC 284-44A-040   Filing instructions that are incorporated into this chapter.   SERFF is a dynamic application that the NAIC will revise and enhance over time. To be consistent with NAIC filing standards and provide timely instructions to filers, the commissioner will incorporate documents posted on the SERFF web site into this chapter. By reference, the commissioner incorporates these documents into this chapter:

(1) The SERFF Industry Manual ((posted on the SERFF web site (www.serff.com))) available within the SERFF application; and

(2) ((The)) State specific rate and form filing instructions posted on the commissioner's web site (www.insurance.wa.gov), including the:

(a) Washington State SERFF Health and Disability ((Rate and)) Form Filing General Instructions ((posted on the commissioner's web site (www.insurance.wa.gov))); and

(b) Washington State SERFF Health and Disability Rate Filing General Instructions.

[Statutory Authority: RCW 48.02.060, 48.44.050, and 48.46.200. 10-01-118 (Matter No. R 2009-04), 284-44A-040, filed 12/17/09, effective 1/17/10.]


AMENDATORY SECTION(Amending Matter No. R 2009-04, filed 12/17/09, effective 1/17/10)

WAC 284-44A-050   General form and rate filing rules.   (1) Each form or rate filing must be submitted to the commissioner electronically using SERFF.

(a) Every form filed in SERFF must:

(i) Be attached to the form schedule; and

(ii) Have a unique identifying number and a way to distinguish it from other versions of the same form.

(b) Filers must send all written correspondence related to a form or rate filing in SERFF.

(2) All filed forms must be legible for both the commissioner's review and retention as a public record. Filers must submit new or revised forms to the commissioner for review in final form displayed in ten-point or larger type.

(3) Filers must submit complete filings that comply with the SERFF Industry Manual ((posted on the SERFF web site (www.serff.com) and the)) available within the SERFF application and state specific instructions posted on the commissioner's web site (www.insurance.wa.gov) including the:

(a) Washington State SERFF Health and Disability Form Filing General Instructions ((posted on the commissioner's web site (www.insurance.wa.gov))); or

(b) Washington State SERFF Health and Disability Rate Filing General Instructions.

(4) Filers must submit separate filings for each type of insurance.

[Statutory Authority: RCW 48.02.060, 48.44.050, and 48.46.200. 10-01-118 (Matter No. R 2009-04), 284-44A-050, filed 12/17/09, effective 1/17/10.]

OTS-4327.1


AMENDATORY SECTION(Amending Matter No. R 2009-04, filed 12/17/09, effective 1/17/10)

WAC 284-46A-040   Filing instructions that are incorporated into this chapter.   SERFF is a dynamic application that the NAIC will revise and enhance over time. To be consistent with NAIC filing standards and provide timely instructions to filers, the commissioner will incorporate documents posted on the SERFF web site into this chapter. By reference, the commissioner incorporates these documents into this chapter:

(1) The SERFF Industry Manual ((posted on the SERFF web site (www.serff.com))) available within the SERFF application; and

(2) ((The)) State specific rate and form filing instructions posted on the commissioner's web site (www.insurance.wa.gov), including the:

(a) Washington State SERFF Health and Disability ((Rate and)) Form Filing General Instructions ((posted on the commissioner's web site (www.insurance.wa.gov))); and

(b) Washington State SERFF Health and Disability Rate Filing General Instructions.

[Statutory Authority: RCW 48.02.060, 48.44.050, and 48.46.200. 10-01-118 (Matter No. R 2009-04), 284-46A-040, filed 12/17/09, effective 1/17/10.]


AMENDATORY SECTION(Amending Matter No. R 2009-04, filed 12/17/09, effective 1/17/10)

WAC 284-46A-050   General form and rate filing rules.   (1) Each form or rate filing must be submitted to the commissioner electronically using SERFF.

(a) Every form filed in SERFF must:

(i) Be attached to the form schedule; and

(ii) Have a unique identifying number and a way to distinguish it from other versions of the same form.

(b) Filers must send all written correspondence related to a form or rate filing in SERFF.

(2) All filed forms must be legible for both the commissioner's review and retention as a public record. Filers must submit new or revised forms to the commissioner for review in final form displayed in ten-point or larger type.

(3) Filers must submit complete filings that comply with the SERFF Industry Manual ((posted on the SERFF web site (www.serff.com) and the)) available within the SERFF application and state specific instructions posted on the commissioner's web site (www.insurance.wa.gov), including the:

(a) Washington State SERFF Health and Disability Form Filing General Instructions ((posted on the commissioner's web site (www.insurance.wa.gov))); or

(b) Washington State SERFF Health and Disability Rate Filing General Instructions.

(4) Filers must submit separate filings for each type of insurance.

[Statutory Authority: RCW 48.02.060, 48.44.050, and 48.46.200. 10-01-118 (Matter No. R 2009-04), 284-46A-050, filed 12/17/09, effective 1/17/10.]

OTS-4328.1


AMENDATORY SECTION(Amending Matter No. 2007-11, filed 10/15/08, effective 2/1/09)

WAC 284-58-025   Filing instructions that are incorporated into this chapter.   SERFF is a dynamic application that the NAIC will revise and enhance over time. To be consistent with NAIC filing standards and provide timely instructions to filers, the commissioner will incorporate documents posted on the SERFF web site into this chapter. By reference, the commissioner incorporates these documents into this chapter:

(1) The SERFF Industry Manual ((posted on the SERFF web site (www.serff.com))) available within the SERFF application; and

(2) The Washington State SERFF Life and Disability Rate and Form Filing General Instructions posted on the commissioner's web site (www.insurance.wa.gov).

[Statutory Authority: RCW 48.02.060, 48.110.150. 08-21-091 (Matter No. 2007-11), 284-58-025, filed 10/15/08, effective 2/1/09.]


AMENDATORY SECTION(Amending Matter No. 2007-11, filed 10/15/08, effective 2/1/09)

WAC 284-58-030   General form and rate filing rules.   (1) Each credit, life or disability insurance form or rate filing must be submitted to the commissioner electronically using SERFF.

(a) Every form filed in SERFF must be attached to the form schedule.

(b) Filers must send all written correspondence related to a form or rate filing in SERFF.

(2) All filed forms must be legible for both the commissioner's review and retention as a public record. Filers must submit new or revised forms to the commissioner for review in final form displayed in ten-point or larger type.

(3) Filers must submit complete filings that comply with the SERFF Industry Manual ((posted on the SERFF web site (www.serff.com))) available within the SERFF application and the Washington State SERFF Life and Disability Rate and Form Filing General Instructions posted on the commissioner's web site (www.insurance.wa.gov).

(4) Filers must submit separate filings for each type of insurance. This section does not apply to:

(a) Credit insurance filings made under RCW 48.34.040; or

(b) Group insurance where different types of insurance are incorporated into a single certificate.

[Statutory Authority: RCW 48.02.060, 48.110.150. 08-21-091 (Matter No. 2007-11), 284-58-030, filed 10/15/08, effective 2/1/09. Statutory Authority: RCW 48.02.060, 48.44.050, 48.46.200, 48.18.100, 48.19.040, 48.19.050, 48.19.070, 48.20.012, 48.21.045(2), 48.29.140, 48.43.055, 48.44.023(2), 48.44.040, 48.44.070, 48.46.030, 48.46.060, 48.46.066(2), 48.46.243, 48.96.025, 48.102.020. 96-11-004 (Matter No. R 96-1), 284-58-030, filed 5/2/96, effective 6/2/96. Statutory Authority: RCW 48.02.060. 82-23-009 (Order R 82-5), 284-58-030, filed 11/5/82.]

Washington State Code Reviser's Office