WSR 25-15-141
PREPROPOSAL STATEMENT OF INQUIRY
OFFICE OF THE
INSURANCE COMMISSIONER
[Insurance Commissioner Matter R 2025-10—Filed July 22, 2025, 12:17 p.m.]
Subject of Possible Rule Making: Implementation of SSB 5579 (chapter 389, Laws of 2025), regarding public statements made by health carriers and providers on potential contract terminations.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 48.02.060; Section 2(5) of SSB 5579.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: SSB 5579 (chapter 389, Laws of 2025) was signed into law on May 20, 2025. SSB 5579 adds a new section to chapter 48.43 RCW, regulating public statements on potential contract terminations by health carriers and certain health care providers and facilities. SSB 5579 also contains requirements related to: (a) Standard template notices to health plan enrollees regarding potential contract terminations; (b) inclusion of the law's requirements in health carriers' contracts with providers and facilities; and (c) the office of the insurance commissioner (OIC) and the department of health's (DOH) enforcement of the law.
Rule making may be necessary to implement SSB 5579 and ensure that interested organizations understand their rights and obligations under the new law. OIC may amend chapter 284-170 WAC to accomplish this goal.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: OIC is considering promulgating regulations that apply to the health carriers it regulates. Other state and federal agencies regulate the subject of this potential rule making:
The Washington state health care authority (HCA) administers the public employees benefits board (PEBB) and school employees benefits board (SEBB) programs. Section 3 of SSB 5579 applies the law's requirements to PEBB and SEBB.
DOH, along with its state boards and commissions, regulate and license many health care providers and facilities in Washington state. Because SSB 5579's requirements apply to certain health care providers and facilities, DOH has an enforcement role within the new law.
OIC will coordinate with HCA and DOH in any potential rule making, including giving these agencies an opportunity to submit comments and participate in public meetings.
Process for Developing New Rule: Please submit comments by August 22, 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.
July 22, 2025
Patty Kuderer
Insurance Commissioner