Washington Administrative Code

The purpose of this regulation, WAC 284-74-525 through 284-74-555, is to recognize and prescribe the use of the 2017 commissioners standard ordinary (CSO) mortality table in compliance with RCW 48.74.030 (1)(a)(iii), 48.76.050 (4)(h)(vi), and WAC 284-74-340 (1) and (2).[Statutory…

(1) "2017 CSO mortality table" means that mortality table, consisting of separate rates of mortality for male and female lives, adopted by the National Association of Insurance Commissioners (NAIC) in April of 2016. The 2017 CSO mortality table is included in the 2015 Proceedings…

(1) The 2017 commissioners standard ordinary (CSO) mortality table may be used as allowed in RCW 48.74.030 (1)(a)(iii), 48.76.050 (4)(h)(vi), and WAC 284-74-340 (1) and (2), subject to the conditions in this regulation.(2) An insurer may elect to use the 2017 CSO mortality table …

(1) For each plan of insurance with separate rates for smokers and nonsmokers an insurer may use:(a) Composite mortality tables to determine minimum reserve liabilities and minimum cash surrender values and amounts of paid-up nonforfeiture benefits;(b) Smoker and nonsmoker mortal…

(1) The 2017 CSO mortality table may be used in applying WAC 284-74-300 through 284-74-380 in the following manner, subject to the transition dates for use of the 2017 CSO mortality table in WAC 284-74-535 of this regulation (unless otherwise noted, the references in this section…

(1) On or after January 1, 2017, an insurer may substitute a blended mortality table for the 2017 CSO mortality table for any ordinary life insurance policy delivered or issued for delivery in this state. The ordinary life policy must have (a) utilized the same premium rates and …

The effective date of this regulation is January 1, 2017.[Statutory Authority: RCW 48.02.060, 48.74.030, 48.76.050, and 48.02.160. WSR 17-03-074 (Matter No. R 2016-24), § 284-74-555, filed 1/11/17, effective 2/11/17.]

The purpose of these rules, WAC 284-74-560 through 284-74-580, is to recognize, permit and prescribe the use of mortality tables that reflect differences in mortality between preferred and standard lives in determining minimum reserve liabilities in accordance with RCW 48.74.030 …

(1) "2017 CSO mortality table" means that mortality table, consisting of separate rates of mortality for male and female lives, developed by the American Academy of Actuaries CSO task force from the Valuation Basic Mortality Table developed by the Society of Actuaries individual …

(1) At the election of the company, for each calendar year of issue, for any one or more specific plans of insurance and subject to satisfying the conditions stated in this regulation, the 2017 CSO preferred class structure mortality table may be substituted in place of the 2017 …

(1) For each plan of insurance with separate rates for preferred and standard nonsmoker lives, an insurer may use the super preferred nonsmoker, preferred nonsmoker, and residual standard nonsmoker tables to substitute for the nonsmoker mortality table found in the 2017 CSO morta…

The effective date of this regulation is January 1, 2017.[Statutory Authority: RCW 48.02.060, 48.74.030, 48.76.050, and 48.02.160. WSR 17-03-074 (Matter No. R 2016-24), § 284-74-580, filed 1/11/17, effective 2/11/17.]

(1) The purpose of this subchapter is to formally adopt the valuation manual adopted by the National Association of Insurance Commissioners as specified in chapter 48.74 RCW.(2) "Valuation manual" has the meaning set forth in RCW 48.74.015.[Statutory Authority: RCW 48.02.060, 48.…

(1) The insurance commissioner hereby makes the following determination: (a) The valuation manual was adopted by the National Association of Insurance Commissioners on December 2, 2012, by an affirmative vote of forty-three members, representing over three-fourths of the members …

The local government investment pool (LGIP) daily yield, as calculated by the state treasurer, is the proper interest rate to be used as the annual rate of interest for the purpose of calculating a lump sum payment to irrigation districts for lands acquired by the Washington stat…

The purpose of this chapter is to establish a joint underwriting association pursuant to chapter 141, Laws of 1986, to provide liability insurance for day care services.[Statutory Authority: RCW 48.02.060 (3)(a). WSR 86-18-043 (Order R 86-3), § 284-78-010, filed 8/29/86.]

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Insurer" means any insurance company that, on or after July 1, 1986, possesses a certificate of authority to write property and casualty insurance within this state o…

(1) A nonprofit joint underwriting association for day care insurance is hereby established. Membership in the association shall be mandatory for all insurers that on or after July 1, 1986, possess a certificate of authority to write property and casualty insurance within this st…

If the commissioner finds that any licensee is unable to obtain day care insurance with liability limits of at least one hundred thousand dollars per occurrence from the voluntary insurance market, or through any market assistance plan organized pursuant to section 906, chapter 3…

(1) The association shall be administered by a governing board, subject to the supervision of the commissioner, and operated by a manager appointed by the board.(2) The board shall consist of nine members. Five board members shall be insurers, one of which shall be appointed by t…

(1) Within thirty days after the appointment of its members by the commissioner, the board shall prepare and adopt articles of association consistent with this chapter, subject to approval by the commissioner. In a timely manner thereafter, the board shall take all actions necess…

(1) The board may calculate, levy, and collect assessments from member insurers whenever necessary for the orderly operation of the association.(2) After its formation, the board may calculate, levy, and collect from member insurers a start up assessment to pay initial expenses o…

(1) The association shall maintain separate statistics on business written and shall make the following quarterly report to the commissioner:(a) Number of applications received by the association;(b) Number of applications accepted by the association and the total and average pre…

Any licensee that is unable to obtain day care insurance with liability limits of at least one hundred thousand dollars per occurrence from the voluntary insurance market or from any market assistance plan organized pursuant to section 906, chapter 305, Laws of 1986, is eligible …

(1) All policies issued by the association shall have liability limits of at least one hundred thousand dollars per occurrence and shall be issued for a term of one year.(2) Premiums shall be based on the association's rate filings approved by the commissioner in accordance with …

(1) Policies written by the association will not automatically renew. To obtain continuing coverage by the association, a licensee must again satisfy initial eligibility requirements under WAC 284-78-090 at the end of the expiring policy term.(2) The association shall notify cove…

(1) No policy or binder issued pursuant to this chapter shall be cancelled except:(a) For nonpayment of premium, in which case cancellation of the policy shall be effected by providing ten days written notice in advance of the date of cancellation. Payment to the association of a…

(1) Any applicant or insured, currently licensed pursuant to chapter 74.15 RCW, shall have a right of appeal to the commissioner, including the right to appear personally before the commissioner or his or her designee, if requested by the person seeking appeal, from any decision …

All licensed insurance agents and brokers shall provide full cooperation in carrying out the aims and the operation of the association.[Statutory Authority: RCW 48.02.060 (3)(a). WSR 86-18-043 (Order R 86-3), § 284-78-140, filed 8/29/86.]

The association shall pay commissions as established by the board on policies issued pursuant to this chapter to the licensed agent or broker designated by the applicant.[Statutory Authority: RCW 48.02.060 (3)(a). WSR 86-18-043 (Order R 86-3), § 284-78-150, filed 8/29/86.]

Any notice of cancellation or nonrenewal of day care insurance given by an insurer to a licensee potentially eligible for coverage through the association shall include or be accompanied by an explanation of the licensee's right and procedure to obtain insurance through the assoc…

The association shall have perpetual existence, subject to repeal or modification of this chapter.[Statutory Authority: RCW 48.02.060 (3)(a). WSR 86-18-043 (Order R 86-3), § 284-78-170, filed 8/29/86.]

This chapter is effective July 1, 1986.[Statutory Authority: RCW 48.02.060 (3)(a). WSR 86-18-043 (Order R 86-3), § 284-78-180, filed 8/29/86.]

(1) Except as otherwise specifically provided, this chapter applies to all long-term care insurance policies delivered or issued for delivery in this state on or after January 1, 2009, including qualified long-term care policies and life insurance policies that accelerate benefit…

For the purpose of this chapter, the following definitions and standards apply, unless the context clearly requires otherwise.(1) "Certificate" has the meaning set forth in RCW 48.83.020(2).(2) "Exceptional increase" means only those increases filed by the issuer as exceptional f…

A long-term care insurance policy or certificate delivered or issued for delivery in this state must not use the following terms unless the terms are defined in the policy or certificate and the definitions satisfy the following standards. This section specifies minimum standards…

The following standards for policy provisions apply to all long-term care insurance policies delivered or issued for delivery in this state.(1) Renewability. The terms "guaranteed renewable" and "noncancellable" must not be used in any individual long-term care insurance policy o…

As a protection against unintentional lapse, each issuer offering long-term care insurance must comply with all of the following:(1)(a) Notice before lapse or termination. No individual long-term care policy or certificate may be issued until the issuer has received from the appl…

(1) Renewability. Long-term care insurance policies must contain a renewability provision.(a) The renewability provision must be appropriately captioned, must appear on the first page of the policy, and must clearly state that the coverage is guaranteed renewable or noncancellabl…

(1)(a) Except as provided in (b) of this subsection, this section applies to any long-term care policy or certificate issued for delivery in this state on or after January 1, 2009.(b) Certificates issued on or after January 1, 2009, under a group long-term care insurance policy a…

The issuer must provide the following information to the commissioner no fewer than thirty days prior to making a long-term care insurance form available for sale in this state:(1) A copy of each disclosure document required in WAC 284-83-035; and(2) An actuarial certification co…

(1) All applications for long-term care insurance policies or certificates except those that are guaranteed issue must contain clear and unambiguous questions designed to ascertain the health condition of the applicant.(2)(a) If an application for long-term care insurance include…

(1) If a long-term care insurance policy or certificate provides benefits for home health care or community care services, it must not limit or exclude benefits:(a) By requiring that the insured or claimant would need care in a nursing facility if home health care services were n…

(1) No issuer may offer a long-term care insurance policy in this state unless the issuer also offers to the policyholder, in addition to any other inflation protection, the option to purchase a policy that provides for benefit levels to increase with benefit maximums or reasonab…

(1) Application forms must include questions designed to elicit information as to whether, as of the date of the application, the applicant has another health, supplemental long-term care, or long-term care insurance policy or certificate in force or whether a long-term care poli…

The following notice is required in WAC 284-83-060(3):notice to applicant regarding replacement of individual [accident and sickness] [health] [SUPPLEMENTAL LONG-TERM CARE INSURANCE] or [long-term care insurance][Insurance company's name and address]save this notice! it may be im…

The following notice is required by WAC 284-83-060(4):notice to applicant regarding replacement of [accident and sickness] [health] [SUPPLEMENTAL LONG-TERM CARE] or [long-term care insurance][Insurance company's name and address]save this notice! it may be important to you in the…

(1) Every issuer must maintain records for each insurance producer of that producer's amount of replacement sales as a percent of the insurance producer's total annual sales and the amount of lapses of long-term care insurance policies sold by the insurance producer as a percent …

Upon written request and after an administrative hearing, the commissioner may enter an order to modify or suspend a specific provision or provisions of this chapter with respect to a specific long-term care insurance policy or certificate upon a written finding that:(1) The modi…

(1) If long-term care benefits are provided through the acceleration of benefits under group or individual life policies or riders to such policies, policy reserves for the benefits must be determined in accordance with RCW 48.74.030 (1)(g). Claim reserves must also be establishe…