WSR 19-20-110
PROPOSED RULES
OFFICE OF THE
INSURANCE COMMISSIONER
[Insurance Commissioner Matter R 2019-06—Filed October 2, 2019, 9:39 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-14-112.
Title of Rule and Other Identifying Information: Revise WAC concerning system for electronic rate and form filing (SERFF) general filing instructions.
Hearing Location(s): On November 6, 2019, at 1:30 p.m., at the Office of the Insurance Commissioner (OIC), 5000 Capitol Boulevard S.E., Tumwater, WA 98501.
Date of Intended Adoption: December 8, 2019.
Submit Written Comments to: Meg L. Jones, P.O. Box 40260, Olympia, WA 98504-0260, email rulescoordinator@oic.wa.gov, fax 360-586-3109, by November 5, 2019.
Assistance for Persons with Disabilities: Melanie Watness, phone 360-725-7013, fax 360-586-2023, TTY 360-586-0241, email MelanieW@oic.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The commissioner proposes amending the four WAC chapters identifying the applicable SERFF filing instructions for charitable gift annuity, health coverage and life and disability filers. A recent rates and forms division project revised and renamed the filing instructions, necessitating an update to the WAC chapters used by filers as references. The anticipated effect of the proposed rule is providing the correct reference in WAC, and confirming that the names of documents in the WAC match documents posted in SERFF and on the OIC's web site.
Reasons Supporting Proposal: In order to correctly submit documents in SERFF for review and approval by OIC, filers must understand which sets of instructions govern their filing. Because the requirement to use SERFF is found in the WAC, the references must be correct in terms of the applicable sets of instructions.
Statutory Authority for Adoption: RCW 48.02.060, 48.18.030, 48.19.035, 48.20.025, 48.20.550, 48.38.075, 48.43.730, 48.43.733, 48.44.050, 48.46.030.
Statute Being Implemented: RCW 18.18.100, 48.19.040, 48.20.012, 48.20.025, 48.20.028, 48.20.029, 48.20.042, 48.38.010, 48.38.020, 48.38.030, 48.43.730, 48.43.733, 48.44.017, 48.44.020, 48.44.022, 48.44.023, 48.44.080, 48.44.120, 48.46.060, 48.46.062, 48.46.064, 48.46.066.
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: Meg Jones, P.O. Box 40260, Olympia, WA, 360-725-7169; Implementation: Molly Nollette, P.O. Box 40255, Tumwater, WA, 360-725-7117; and Enforcement: Toni Hood, P.O. Box 40255, Tumwater, WA, 360-725-7050.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. The rule is a procedural rule pursuant to RCW 34.05.328 (5)(c)(i).
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.
Is exempt under RCW 34.05.328 (5)(b)(v).
October 2, 2019
Mike Kreidler
Insurance Commissioner
AMENDATORY SECTION(Amending WSR 14-05-017, filed 2/10/14, effective 3/15/14)
WAC 284-38-100Filing 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 must 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 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.))State specific rate and form filing instructions posted on the commissioner's web site (www.insurance.wa.gov), including the:
Washington State SERFF Life and Disability Form Filing General Instructions.
AMENDATORY SECTION(Amending WSR 14-05-017, filed 2/10/14, effective 3/15/14)
WAC 284-38-110General charitable gift annuity contract filing rules.
Filers and certificate holders must submit complete filings that comply with these rules:
(1) ((Filings must comply with the filing instructions and procedures in the SERFF Industry Manual available within the SERFF application and Washington State SERFF Life and Disability Rate and Form Filing General Instructions.))Filers must submit complete filings that comply with the SERFF Industry Manual available within the SERFF application as well as state specific instructions applicable to the particular filing, as posted on the commissioner's web site (www.insurance.wa.gov), including the:
Washington State SERFF Life and Disability Form Filing General Instructions.
(2) Filers must submit every charitable gift annuity contract to the commissioner electronically using SERFF.
(a) Every charitable gift annuity contract filed in SERFF must be attached to the form schedule.
(b) All written correspondence related to a charitable gift annuity contract filing must be sent in SERFF.
(3) All filed contracts must be legible for both the commissioner's review and retention as a public record. Filers must submit new and replaced contracts to the commissioner for review in final printed form displayed in ten-point or larger type.
(4) Each contract must have a unique identifying number and a way to distinguish it from other editions of the same contract.
(5) Filers must submit a completed compliance checklist provided in the SERFF application with each new charitable gift annuity contract as supporting documentation. If the filing includes more than one new contract, the filer may:
(a) Complete a separate checklist for each charitable gift annuity contract; or
(b) Complete one checklist and submit an explanatory memorandum that lists any material differences between the filed contracts.
AMENDATORY SECTION(Amending WSR 12-01-103, filed 12/21/11, effective 1/21/12)
WAC 284-44A-040Filing 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 available within the SERFF application; and
(2) 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))Life and Disability Form Filing General Instructions; ((and))
(b) Washington State SERFF Life, Health and Disability Rate Filing General Instructions;
(c) Washington State SERFF Health and Disability Form Filing General Instructions; and
(d) Washington State SERFF Health and Disability Binder Filing General Instructions (also called "plan management instructions").
AMENDATORY SECTION(Amending WSR 12-01-103, filed 12/21/11, effective 1/21/12)
WAC 284-44A-050General 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 available within the SERFF application and state specific instructions applicable to the particular filing, as revised from time to time and posted on the commissioner's web site (www.insurance.wa.gov) including the:
(a) Washington State SERFF ((Health))Life and Disability Form Filing General Instructions; ((or))
(b) Washington State SERFF Health and Disability Rate Filing General Instructions;
(c) Washington State SERFF Health and Disability Form Filing General Instructions; and
(d) Washington State SERFF Health and Disability Binder Filing General Instructions (also called "plan management instructions").
(4) Filers must submit separate filings for each type of insurance.
AMENDATORY SECTION(Amending WSR 12-01-103, filed 12/21/11, effective 1/21/12)
WAC 284-46A-040Filing 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 available within the SERFF application; and
(2) 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))Life and Disability Form Filing General Instructions; ((and))
(b) Washington State SERFF Health and Disability Rate Filing General Instructions;
(c) Washington State SERFF Health and Disability Form Filing General Instructions; and
(d) Washington State SERFF Health and Disability Binder Filing General Instructions (also called "plan management instructions").
AMENDATORY SECTION(Amending WSR 12-01-103, filed 12/21/11, effective 1/21/12)
WAC 284-46A-050General 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 available within the SERFF application and state specific instructions applicable to the particular filing as revised from time to time and posted on the commissioner's web site (www.insurance.wa.gov), including the:
(a) Washington State SERFF ((Health))Life and Disability Form Filing General Instructions; ((or))
(b) Washington State SERFF Life, Health and Disability Rate Filing General Instructions;
(c) Washington State SERFF Health and Disability Form Filing General Instructions; and
(d) Washington State SERFF Health and Disability Binder Filing General Instructions (also called "plan management instructions").
(4) Filers must submit separate filings for each type of insurance.
AMENDATORY SECTION(Amending WSR 12-01-103, filed 12/21/11, effective 1/21/12)
WAC 284-58-025Filing 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 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 Life and Disability ((Rate and)) Form Filing General Instructions((posted on the commissioner's web site (www.insurance.wa.gov)));
(b) Washington State Life, Health and Disability Rate Filing General Instructions;
(c) Washington State SERFF Health and Disability Form Filing General Instructions; and
(d) Washington State SERFF Health and Disability Binder Filing General Instructions (also called "plan management instructions").
AMENDATORY SECTION(Amending WSR 12-01-103, filed 12/21/11, effective 1/21/12)
WAC 284-58-030General 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 available within the SERFF application and ((the Washington State SERFF Life and Disability Rate and Form Filing General Instructions))state specific filing instructions applicable to the particular filing, as revised from time to time and posted on the commissioner's web site (www.insurance.wa.gov), including the:
(a) Washington State SERFF Life and Disability Form Filing General Instructions;
(b) Washington State SERFF Life, Health and Disability Rate Filing General Instructions;
(c) Washington State SERFF Health and Disability Form Filing General Instructions; and
(d) Washington State SERFF Health and Disability Binder Filing General Instructions (also called "plan management instructions").
(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.