WSR 12-10-079




[ Insurance Commissioner Matter No. R 2012-12 -- Filed May 2, 2012, 7:23 a.m. ]

Subject of Possible Rule Making: Establishing Washington state's risk adjustment program for the health benefit coverage marketplace.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Section 15, chapter 87, Laws of 2012 (E2SHB 2319); Sections 132, 1341 - 1343, Pub. L. 111-148 (2010) and implementing regulations.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Beginning January 1, 2014, a permanent risk adjustment program with the goal of limiting adverse selection becomes effective, pursuant to the requirements of Pub. L. 111-148 (2010). Chapter 87, Laws of 2012, requires the commissioner to adopt rules establishing the state's risk adjustment program pursuant to the Affordable Care Act.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Health and Human Services (HHS) regulates this subject. The commissioner continues to monitor official HHS publications related to the risk adjustment program under the Affordable Care Act, contacts the HHS with implementation questions, and participates in work groups and conference calls with HHS related to the risk adjustment program.

The state health care exchange is part of the group of stakeholders with whom the commissioner consults during the development of these rules.

Process for Developing New Rule: Submit written comments by June 6, 2012.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Meg L. Jones, P.O. Box 40258, Olympia, WA 98504, (360) 725-7170, fax (360) 725-7170, e-mail

May 2, 2012

Mike Kreidler

Insurance Commissioner

Washington State Code Reviser's Office