Title 48 — Title 48 INSURANCE
101 chapters · 2,134 sections in this title.
RCW 48.155.050 Investigations by commissioner—Organization must maintain detailed books and records.
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(1) The commissioner may conduct investigations to determine whether any person has violated any provision of this chapter and may, if the commissioner has a reason to believe that the discount plan organization is not complying with the requirements of this chapter, examine the …
RCW 48.155.060 Charges and fees—When writing is required—Cancellation.
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(1) A discount plan organization may charge a periodic charge as well as a reasonable one-time processing fee of no more than thirty dollars for a discount plan, or such other amount as established by rule, but may not require payment of these or any other charges or fees by dire…
RCW 48.155.070 Written health care provider agreements required—Terms—Internet website.
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(1)(a) A discount plan organization shall have a written health care provider agreement with all health care providers for whose health care services it provides access to a discount to its members. The written health care provider agreement may be entered into directly with the …
RCW 48.155.080 Marketing products—Directly to consumers—By contract with marketers.
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(1) A discount plan organization may market its products directly to consumers or contract with marketers for the distribution of its discount plans.(2)(a) The discount plan organization shall have an executed written agreement with a marketer prior to the marketer's marketing, p…
RCW 48.155.090 Communications with regulators and consumers—Restrictions—Required general disclosures.
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(1)(a) All advertisements, marketing efforts, promotions, marketing materials, discount plan documents, brochures, discount plan cards, and any other communications of a discount plan organization provided to prospective members and members must be truthful and not misleading in …
RCW 48.155.100 Organization changes require notice to commissioner.
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Each discount plan organization shall provide the commissioner at least thirty days' advance notice of any change in the discount plan organization's name, address, principal business address, mailing address, toll-free telephone number, or internet website address.[ 2009 c 175 s…
RCW 48.155.110 Annual report required—Fee—Contents—Failure to file.
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(1) If the information required in subsection (2) of this section is not provided at the time of renewal of a license under RCW 48.155.020, a discount plan organization shall file an annual report with the commissioner in the form prescribed by the commissioner no later than Marc…
RCW 48.155.120 Designation of compliance officer.
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Each discount plan organization shall designate and provide the commissioner with the name, address, and telephone number of the organization's compliance officer responsible for ensuring compliance with this chapter.[ 2009 c 175 s 15.]
RCW 48.155.130 Violation of chapter—Commissioner's authority—Penalties—Criminal sanctions—Civil action for recovery of damages.
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(1) In lieu of or in addition to suspending or revoking a discount plan organization's license under *RCW 48.155.020(8), whenever the commissioner has cause to believe that any person is violating or is about to violate any provision of this chapter or any rules adopted under thi…
RCW 48.155.140 Temporary and permanent injunctive relief—When authorized.
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(1)(a) In addition to the penalties and other enforcement provisions of this chapter, the commissioner may seek both temporary and permanent injunctive relief when:(i) A discount plan is being operated by a person or entity that is not licensed under this chapter; or(ii) Any pers…
RCW 48.160.001 Purpose—Application.
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(1) The purpose of this chapter is to provide a framework within which guaranteed asset protection waivers are defined and may be offered within this state.(2) This chapter does not apply to:(a) An insurance policy offered by an insurer under this title; or(b) A federally regulat…
RCW 48.160.010 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Administrator" means a person, other than an insurer or creditor that performs administrative or operational functions pursuant to guaranteed asset protection waiver p…
RCW 48.160.020 Waivers limited to motor vehicle financing—Registration, when required—Application.
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(1) This chapter applies only to guaranteed asset protection waivers for financing of motor vehicles as defined in this chapter. Any person or entity must register with the commissioner before marketing, offering for sale or selling a guaranteed asset protection waiver, and befor…
RCW 48.160.030 Waivers—Requirements for offering, selling, or providing—Terms—Insuring obligations—Funds—Assignment.
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(1) Waivers may be offered, sold, or provided to borrowers in this state in compliance with this chapter.(2) Waivers may, at the option of the creditor, be sold for a single payment or may be offered with a monthly or periodic payment option.(3) Notwithstanding any other provisio…
RCW 48.160.040 Insuring waiver obligations—Contractual liability or other insurance policies.
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(1) Contractual liability or other insurance policies insuring waivers must state the obligation of the insurer to reimburse or pay to the creditor any sums the creditor is legally obligated to waive under the waivers issued by the creditor and purchased or held by the borrower. …
RCW 48.160.050 Required disclosures.
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Guaranteed asset protection waivers must disclose, as applicable, in writing and in clear, understandable language that is easy to read, the following:(1) The name and address of the initial creditor and the borrower at the time of sale, and the identity of any administrator if d…
RCW 48.160.060 Cancellations—Refunds—Free look period—Disclosure required.
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(1) Guaranteed asset protection waiver agreements may be cancellable or noncancellable after the free look period. Waivers must provide that if a borrower cancels a waiver within the free look period, the borrower will be entitled to a full refund of the purchase price, so long a…
RCW 48.160.070 Commissioner's authority to enforce chapter—Rules.
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(1) The commissioner may, subject to chapter 48.04 RCW, take action that is necessary or appropriate to enforce this chapter and to protect guaranteed asset protection waiver holders in this state, which includes:(a) Suspending, revoking, or refusing to issue the registration of …
RCW 48.160.080 Failure to register when required—Criminal and civil penalties—Personal liability.
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(1) Any person who markets, offers for sale or sells a guaranteed asset protection waiver, or acts as an obligor for a guaranteed asset protection waiver without a registration, unless otherwise exempt from registration or exempt from this chapter, is acting in violation of this …
RCW 48.160.900 Date of application—2009 c 334.
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Chapter 334, Laws of 2009 is applicable to all guaranteed asset protection waiver agreements entered into on or after January 1, 2010.[ 2009 c 334 s 13.]
RCW 48.165.005 Findings—Intent.
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The legislature finds that:(1) The health care system in the nation and in Washington state costs nearly twice as much per capita as other industrialized nations.(2) The fragmentation and variation in administrative processes prevalent in our health care system contribute to the …
RCW 48.165.010 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Commissioner" means the insurance commissioner as established under chapter 48.02 RCW.(2) "Health care provider" or "provider" has the same meaning as in RCW 48.43.005…
RCW 48.165.030 Designation of lead organizations—Coordination responsibility—Qualifications—Lead organization's duties—Commissioner's duties.
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(1) The commissioner shall designate one or more lead organizations to coordinate development of processes, guidelines, and standards to streamline health care administration and to be adopted by payors and providers of health care services operating in the state. The lead organi…
RCW 48.165.0301 Prior authorization requirements—Lead organization and work group to develop recommendations—Rules.
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(1) The insurance commissioner must reauthorize the efforts with the lead organization established in RCW 48.165.030, and establish a new work group to develop recommendations for prior authorization requirements. The focus of the prior authorization efforts must include the full…
RCW 48.165.035 Lead organization tasks—Uniform electronic process.
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By December 31, 2010, the lead organization shall:(1) Develop a uniform electronic process for collecting and transmitting the necessary provider-supplied data to support credentialing, admitting privileges, and other related processes that:(a) Reduces the administrative burden o…
RCW 48.165.040 Lead organization tasks—Uniform standard companion document and data set.
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The lead organization shall:(1) Establish a uniform standard companion document and data set for electronic eligibility and coverage verification. Such a companion guide will:(a) Be based on nationally accepted ANSI X12 270/271 standards for eligibility inquiry and response and, …
RCW 48.165.045 Lead organization tasks—Implementation guidelines—Code development and standardization—Denial review process.
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(1) By December 31, 2010, the lead organization shall develop implementation guidelines and promote widespread adoption of such guidelines for:(a) The use of the national correct coding initiative code edit policy by payors and providers in the state;(b) Publishing any variations…
RCW 48.165.050 Lead organization tasks—Develop and promote uniform practices—Medical management protocols.
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(1) By December 31, 2010, the lead organization shall:(a) Develop and promote widespread adoption by payors and providers of guidelines to:(i) Ensure payors do not automatically deny claims for services when extenuating circumstances make it impossible for the provider to: (A) Ob…
RCW 48.170.005 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Commissioner" means the insurance commissioner of this state.(2) "Occupant" means a person, or his or her sublessee, successor, or assign, who is entitled to the use o…
RCW 48.170.007 Rules.
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The commissioner may adopt rules necessary to implement and administer this chapter.[ 2009 c 119 s 9.]
RCW 48.170.010 License required.
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(1) An owner; or officer, director, or employee of an owner; may not offer, sell, or solicit the purchase of self-service storage insurance unless that person is:(a) Licensed as an insurance producer with a property line of authority under chapter 48.17 RCW; or(b) Licensed as a s…
RCW 48.170.020 Application for a license—Requirements.
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An owner may apply to be licensed as a self-service storage insurance producer under, and if in compliance with, this chapter by filing the following documents with the commissioner:(1) A written application for licensure, signed by the applicant or by an officer of the applicant…
RCW 48.170.030 Licensee exempt from continuing education requirements.
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An owner issued a self-service storage insurance producer license under this chapter is not subject to the prelicensure or continuing education requirements in chapter 48.17 RCW.[ 2009 c 119 s 4.]
RCW 48.170.040 Authority conveyed by license.
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(1) A self-service storage insurance producer license authorizes a self-service storage insurance producer and its employees to offer and sell to, enroll in, and bill and collect premiums from occupants for insurance covering the loss of or damage to personal property stored at a…
RCW 48.170.050 Preconditions to soliciting insurance.
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A self-service storage insurance producer may not solicit insurance under RCW 48.170.010 unless:(1) At every location where occupants are enrolled in self-service storage insurance programs, written disclosure material regarding the program is made available to prospective occupa…
RCW 48.170.060 Required written disclosure material—Contents.
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The written disclosure material required in RCW 48.170.050(1) must:(1) Summarize the material terms of insurance coverage offered to occupants, including the name, address, telephone number of the insurer, price, benefits, exclusions, and conditions;(2) Prominently and conspicuou…
RCW 48.170.070 Employee acting under authority of license—Conditions—Limitations.
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(1) An employee of a self-service storage insurance producer may be authorized to offer, sell, or solicit self-service storage insurance under the authority of the self-service storage insurance producer's license, if all of the following conditions have been satisfied:(a) The em…
RCW 48.170.900 Effective date—2009 c 119.
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This act takes effect July 1, 2010.[ 2009 c 119 s 13.]
RCW 48.177.005 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Commercial transportation services" or "services" means all times the driver is logged in to a commercial transportation services provider's digital network or softwar…
RCW 48.180.005 Intent—Liberal construction.
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This chapter is intended to provide authority for two or more nonprofit corporations to participate in a joint self-insurance program covering property or liability risks. This chapter provides nonprofit corporations with the authority to jointly self-insure property and liabilit…
RCW 48.180.010 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Nonprofit corporation" or "corporation" has the same meaning as defined in RCW 24.03A.010.(2) "Property and liability risks" includes the risk of property damage or lo…
RCW 48.180.015 Agreement to form joint self-insurance program—Authorized activities—State risk manager as attorney for receipt of service.
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(1) The governing body of a nonprofit corporation may join or form a self-insurance program together with one or more other nonprofit corporations, and may jointly purchase insurance or reinsurance with one or more other nonprofit corporations for property and liability risks onl…
RCW 48.180.020 When chapter does not apply.
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This chapter does not apply to a nonprofit corporation that:(1) Individually self-insures for property and liability risks;(2) Participates in a risk pooling arrangement, including a risk retention group or a risk purchasing group, regulated under chapter 48.92 RCW, or is a capti…
RCW 48.180.025 Rules by state risk manager—Requirements.
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The state risk manager shall adopt rules governing the management and operation of joint self-insurance programs for nonprofit corporations that cover property or liability risks. All rules must be appropriate for the type of program and class of risk covered. The state risk mana…
RCW 48.180.030 Program approval required from state risk manager—Management and operations plan—Contents of plan.
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Before the establishment of a joint self-insurance program covering property or liability risks by nonprofit corporations, the entities must obtain the approval of the state risk manager. The entities proposing the creation of a joint self-insurance program requiring prior approv…
RCW 48.180.035 Participation by nonprofit corporations from other states—Requirements.
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A nonprofit corporation may participate in a joint self-insurance program covering property or liability risks with similar nonprofit corporations from other states if the program satisfies the following requirements:(1) An ownership interest in the program is limited to some or …
RCW 48.180.040 Approval or disapproval by state risk manager—Within one hundred twenty days—Risk manager's powers and duties—Program's obligations.
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(1) Within one hundred twenty days of receipt of a plan of management and operation, the state risk manager shall either approve or disapprove of the formation of the joint self-insurance program after reviewing the plan to determine whether the proposed program complies with thi…
RCW 48.180.045 Treasurer may be designated by resolution—Bond—Program's interest and earnings.
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(1) A joint self-insurance program may by resolution of the program designate a person having experience with investments or financial matters as treasurer of the program. The program must require a bond obtained from a surety company in an amount and under the terms and conditio…
RCW 48.180.050 Prohibition on receiving anything of value for services rendered.
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(1) An employee or official of a participating nonprofit corporation in a joint self-insurance program may not directly or indirectly receive anything of value for services rendered in connection with the operation and management of a self-insurance program other than the salary …
RCW 48.180.055 Program exempt from certain taxes and fees.
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A joint self-insurance program approved in accordance with this chapter is exempt from insurance premium taxes, fees assessed under chapters 48.02, 48.32, and 48.32A RCW, business and occupation taxes imposed under chapter 82.04 RCW, and any assigned risk plan or joint underwriti…