WSR 15-17-046
[Insurance Commissioner Matter No. R 2015-03—Filed August 12, 2015, 4:51 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-11-084.
Title of Rule and Other Identifying Information: Issuer filing of attestation form regarding transparency tools for consumer information on health care cost and quality.
Hearing Location(s): Office of the Insurance Commissioner (OIC), Training Room (TR-120), 5000 Capitol Boulevard S.E., Tumwater, WA, on September 30, 2015, at 8:30 a.m.
Date of Intended Adoption: October 2, 2015.
Submit Written Comments to: Jason Siems, P.O. Box 40258, Olympia, WA 98504, e-mail, fax (360) 586-3109, by September 30, 2015.
Assistance for Persons with Disabilities: Contact Lori [Lorie] Villaflores by September 16, 2015, TTY (360) 586-0241 or (360) 725-7087.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: RCW 48.43.007 requires health plan issuers in Washington to attest to the office of the insurance commissioner that their member transparency tools meet the requirements in the statute and that access to the tools is available on the issuers home page within the health plan's secured member web site. This proposed rule directs health plan issuers to file with OIC one annual attestation for each market level of plans offered in Washington (e.g., individual, small group and large group). The proposed rule provides guidance as to how the attestation(s) should be provided to OIC.
Reasons Supporting Proposal: The proposed rule will assist health plan issuers in complying with RCW 48.43.007, by providing direction as to how and when the attestations required by the statute are to be filed with OIC.
Statutory Authority for Adoption: RCW 48.02.060, 48.43.340, 48.44.050.
Statute Being Implemented: RCW 48.43.007.
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: Jason Siems, 302 Sid Snyder Avenue, Olympia, WA 98504, (360) 725-7037; Implementation: Leslie Krier, 5000 Capitol Boulevard, Tumwater, WA 98504, (360) 725-7216; and Enforcement: AnnaLisa Gellermann, 5000 Capitol Boulevard, Tumwater, WA 98504, (360) 725-7050.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The entities that must comply with the proposed rule are not small businesses, pursuant to chapter 19.85 RCW.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Jason Siems, P.O. Box 40258, Olympia, WA 98504-0258, phone (360) 725-7037, fax (360) 725-3535, e-mail
August 12, 2015
Mike Kreidler
Insurance Commissioner
WAC 284-43-927 Issuer filing of attestation form, transparency tools.
Every issuer offering or renewing a health benefit plan on or after January 1, 2016, must attest to the insurance commissioner that the transparency tools available to their members meet the requirements of RCW 48.43.007.
(1) Annually, each health plan issuer must file an attestation form with the insurance commissioner for each line of business written by the issuer. For purposes of this section, line of business is defined as individual, small group and large group health plans.
(2) The form must be signed by an officer of the issuer that is responsible for ensuring compliance with RCW 48.43.007.
(3) The form must be submitted to the insurance commissioner no later than February 1st of each calendar year. Instructions for filing of the form will be available on the insurance commissioner's web site no later than sixty days prior to the filing deadline.