WSR 25-14-069
PREPROPOSAL STATEMENT OF INQUIRY
OFFICE OF THE
INSURANCE COMMISSIONER
[Insurance Commissioner Matter R 2025-06—Filed June 29, 2025, 11:53 a.m.]
Subject of Possible Rule Making: Implementation of ESSB 5291 (chapter 380, Laws of 2025), supplemental long-term care insurance.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 48.02.060 (3)(a) and 48.85.030(1); and sections 31, 32, 34, 37, and 48, chapter 380, Laws of 2025.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: ESSB 5291 (chapter 380, Laws of 2025) was signed into law on May 20, 2025. The bill creates a new chapter under Title 48 RCW concerning supplemental long-term care insurance. Supplemental long-term care insurance is a new product designed to provide coverage once WA Cares benefits under chapter 50B.04 RCW have been exhausted. Because it is a new insurance product, there are currently no rules that address supplemental long-term care insurance. Rule making is needed to ensure affected parties understand their rights and obligations under the new law.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The office of the insurance commissioner (OIC) is the sole regulator of supplemental long-term care insurance. The Washington long-term care partnership program, which was modified by ESSB 5291 to include supplemental long-term care insurance, is jointly administered by OIC, the department of social and health services (DSHS), the employment security department, and the Washington health care authority (HCA). The WA Cares program is primarily administered by DSHS. Both DSHS and HCA will be invited to participate in this rule making.
Process for Developing New Rule: Submit comments by July 30, 2025.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Rules Coordinator, 302 Sid Snyder Avenue S.W., Olympia, WA 98504, phone 360-725-7171, fax 360-586-3109, TTY 360-586-0241, email rulescoordinator@oic.wa.gov, website www.insurance.wa.gov.
June 29, 2025
Patty Kuderer
Insurance Commissioner