Title 48, Title 48 INSURANCE

Title 48 RCW constitutes the insurance code.[ 1975 1st ex.s. c 266 s 2; 1947 c 79 s .01.01; Rem. Supp. 1947 s 45.01.01.]Notes:Severability—1975 1st ex.s. c 266: "If any provision of this 1975 amendatory act, or its application to any person or circumstance is held invalid, the re…

All insurance and insurance transactions in this state, or affecting subjects located wholly or in part or to be performed within this state, and all persons having to do therewith are governed by this code.[1947 c 79 s .01.02; Rem. Supp. 1947 s 45.01.02.]

The business of insurance is one affected by the public interest, requiring that all persons be actuated by good faith, abstain from deception, and practice honesty and equity in all insurance matters. Upon the insurer, the insured, their providers, and their representatives rest…

The term "developmental disability" as used in this title means a disability attributable to intellectual disability, cerebral palsy, epilepsy, autism, or another neurological condition closely related to an intellectual disability or to require treatment similar to that required…

Insurance is a contract whereby one undertakes to indemnify another or pay a specified amount upon determinable contingencies.[1947 c 79 s .01.04; Rem. Supp. 1947 s 45.01.04.]

"Insurer" as used in this code includes every person engaged in the business of making contracts of insurance, other than a fraternal benefit society. A reciprocal or interinsurance exchange is an "insurer" as used in this code. Two or more hospitals that join and organize as a m…

"Issuer" as used in this title and chapter 26.18 RCW means insurer, fraternal benefit society, certified health plan, health maintenance organization, and health care service contractor.[ 1995 c 34 s 1.]

"Insurance transaction" includes any:(1) Solicitation.(2) Negotiations preliminary to execution.(3) Execution of an insurance contract.(4) Transaction of matters subsequent to execution of the contract and arising out of it.(5) Insuring.[1947 c 79 s .01.06; Rem. Supp. 1947 s 45.0…

"Person" means any individual, company, insurer, association, organization, reciprocal or interinsurance exchange, partnership, business trust, or corporation.[1947 c 79 s .01.07; Rem. Supp. 1947 s 45.01.07.]

Except as otherwise provided in this code, any person violating any provision of this code is guilty of a gross misdemeanor and will, upon conviction, be fined not less than ten dollars nor more than one thousand dollars, or imprisoned for not more than three hundred sixty-four d…

Continuation by this code of any office existing under any act repealed herein preserves the tenure of the individual holding the office at the effective date of this code.[1947 c 79 s .01.10; Rem. Supp. 1947 s 45.01.10.]

Every license or certificate of authority in force immediately prior to the effective date of this code and existing under any act herein repealed is valid until its original expiration date, unless earlier terminated in accordance with this code.[1947 c 79 s .01.11; Rem. Supp. 1…

Every form of insurance document in use at the effective date of this code in accordance with the commissioner's approval pursuant to any act herein repealed, may continue to be so used unless the commissioner otherwise prescribes in accordance with this code.[1947 c 79 s .01.12;…

No action or proceeding commenced, and no violation of law existing, under any act herein repealed is affected by the repeal, but all procedure hereafter taken in reference thereto shall conform to this code as far as possible.[1947 c 79 s .01.13; Rem. Supp. 1947 s 45.01.13.]

The meaning or scope of any provision is not affected by chapter, section, or paragraph headings.[1947 c 79 s .01.14; Rem. Supp. 1947 s 45.01.14.]

Provisions of this code relating to a particular kind of insurance or a particular type of insurer or to a particular matter prevail over provisions relating to insurance in general or insurers in general or to such matter in general.[1947 c 79 s .01.15; Rem. Supp. 1947 s 45.01.1…

Repeal by this code of any act shall not revive any law heretofore repealed or superseded.[1947 c 79 s .01.16; Rem. Supp. 1947 s 45.01.16.]

This code shall become effective on the first day of October, 1947.[1947 c 79 s .01.17; Rem. Supp. 1947 s 45.01.17.]

(1) A child of an insured, subscriber, or enrollee shall be considered a dependent child for insurance purposes under this title upon assumption by the insured, subscriber, or enrollee of a legal obligation for total or partial support of a child in anticipation of adoption of th…

(1) Any person who files reports, or furnishes other information, required under Title 48 RCW, required by the commissioner under authority granted by Title 48 RCW, useful to the commissioner in the administration of Title 48 RCW, or furnished to the National Association of Insur…

The activities and operations of behavioral health administrative services organizations, as defined in RCW 71.24.025, are exempt from the requirements of this title.[ 2019 c 325 s 5017; 2014 c 225 s 69; 1993 c 462 s 104.]Notes:Effective date—2019 c 325: See note following RCW 71…

An issuer and an employee welfare benefit plan, whether insured or self funded, as defined in the employee retirement income security act of 1974, 29 U.S.C. Sec. 1101 et seq. may not consider the availability of eligibility for medical assistance in this state under medical assis…

(1) An issuer and an employee welfare benefit plan, whether insured or self funded, as defined in the employee retirement income security act of 1974, 29 U.S.C. Sec. 1101 et seq. may not deny enrollment of a child under the health plan of the child's parent on the grounds that:(a…

(1) Any person, firm, partnership, corporation, or association promising, in exchange for dues, assessments, or periodic or lump sum payments, to furnish members or subscribers with assistance in matters relating to trip cancellation, bail bond service or any accident, sickness, …

(1) Except as required in RCW 48.21.045, 48.44.023, and 48.46.066, nothing in this title shall be construed to require a carrier, as defined in RCW 48.43.005, to offer any health benefit plan for sale.(2) Nothing in this title shall prohibit a carrier as defined in RCW 48.43.005 …

The activities and operations of PACE programs, as defined in RCW 74.09.523 and as authorized under sections 1894, 1905(a), and 1934 of the social security act, when registered, certified, licensed, or otherwise recognized or designated as a PACE program by the Washington state d…

(1) A private air ambulance service that solicits membership subscriptions, accepts membership applications, charges membership fees, and provides air ambulance services, to subscription members and designated members of their household is not an insurer under RCW 48.01.050, a he…

(1) It is the public policy of the state of Washington to promote ready access to legal assistance and counsel for all citizens of the state and to authorize that legal service contractors can issue legal service plans to businesses and individuals in the state of Washington.(2) …

(1) There shall be an insurance commissioner of this state who shall be elected at the time and in the manner that other state officers are elected.(2) The commissioner in office at the effective date of this code shall continue in office for the remainder of the term for which h…

The term of office of the commissioner shall be four years, commencing on the Wednesday after the second Monday in January after his or her election.[ 2009 c 549 s 7002; 1947 c 79 s .02.02; Rem. Supp. 1947 s 45.02.02.]

Before entering upon his or her duties the commissioner shall execute a bond to the state in the sum of twenty-five thousand dollars, to be approved by the state treasurer and the attorney general, conditioned upon the faithful performance of the duties of his or her office.[ 200…

The official seal of the commissioner shall be a vignette of George Washington, with the words "Insurance Commissioner, State of Washington" surrounding the vignette.[1947 c 79 s .02.05; Rem. Supp. 1947 s 45.02.05.]

(1) The commissioner has the authority expressly conferred upon him or her by or reasonably implied from the provisions of this code.(2) The commissioner must execute his or her duties and must enforce the provisions of this code.(3) The commissioner may:(a) Make reasonable rules…

The insurance commissioner may adopt rules to implement *RCW 48.21.241, 48.44.341, and 48.46.291, except that the rules do not apply to health benefit plans administered or operated under chapter 41.05 or 70.47 RCW.[ 2005 c 6 s 10.]Notes:*Reviser's note: RCW 48.21.241, 48.44.341,…

(1) Documents, materials, or other information as described in subsections (5), (6), (7), and (8) of this section are confidential by law and privileged, are not subject to public disclosure under chapter 42.56 RCW, and are not subject to subpoena directed to the commissioner or …

(1) All nonpublic personal health information obtained by, disclosed to, or in the custody of the commissioner, regardless of the form or medium, is confidential and is not subject to public disclosure under chapter 42.56 RCW. The commissioner shall not disclose nonpublic persona…

(1) The commissioner may prosecute an action in any court of competent jurisdiction to enforce any order made by him or her pursuant to any provision of this code.(2) If the commissioner has cause to believe that any person has violated any penal provision of this code or of othe…

(1) The commissioner may appoint a chief deputy commissioner, who shall have power to perform any act or duty conferred upon the commissioner. The chief deputy commissioner shall take and subscribe the same oath of office as the commissioner, which oath shall be endorsed upon the…

There is established, within the office of the insurance commissioner, the volunteer position of health care authority ombuds to assist retirees enrolled in the public employees' benefits board program. The volunteer position shall be trained as part of the existing volunteer tra…

Any power or duty vested in the commissioner by any provision of this code may be exercised or discharged by any deputy, assistant, examiner, or employee of the commissioner acting in his or her name and by his or her authority.[ 2009 c 549 s 7007; 1947 c 79 s .02.10; Rem. Supp. …

The commissioner shall have an office at the state capital, and may maintain such offices elsewhere in this state as he or she may deem necessary.[ 2009 c 549 s 7008; 1947 c 79 s .02.11; Rem. Supp. 1947 s 45.02.11.]

(1) The commissioner shall preserve in permanent form records of his or her proceedings, hearings, investigations, and examinations, and shall file such records in his or her office.(2) The records of the commissioner and insurance filings in his or her office shall be open to pu…

Whenever any documents are filed with the insurance commissioner which affect a corporate or company name, the insurance commissioner shall immediately notify the secretary of state of the filing. If any other action is taken by the insurance commissioner which affects a corporat…

(1) Any certificate or license issued by the commissioner shall bear the seal of his or her office.(2) Copies of records or documents in his or her office certified to by the commissioner shall be received as evidence in all courts in the same manner and to the same effect as if …

(1) The commissioner shall to the extent he or she deems useful for the proper discharge of his or her responsibilities under the provisions of this code:(a) Consult and cooperate with the public officials having supervision over insurance in other states.(b) Share jointly with o…

The commissioner must purchase at the expense of the state, and in the manner provided by law, printing, books, reports, furniture, equipment, and supplies as he or she deems necessary to the proper discharge of his or her duties under this code.[ 2011 c 47 s 2; 2009 c 549 s 7011…

The commissioner shall:(1) Obtain and publish for the use of courts and appraisers throughout the state, tables showing the average expectancy of life and values of annuities and of life and term estates.(2) Disseminate information concerning the insurance laws of this state.(3) …

The commissioner shall, as soon as accurate preparation enables, prepare a report of his or her official transactions during the preceding fiscal year, containing information relative to insurance as the commissioner deems proper.[ 2009 c 549 s 7012; 1987 c 505 s 53; 1977 c 75 s …

(1) The commissioner may periodically prepare and publish:(a) Title 48 RCW, Title 284 WAC, insurance bulletins and technical assistance advisories, and other laws, rules, or regulations relevant to the regulation of insurance;(b) Manuals and other material relating to examination…

(1) As used in this section:(a) "Insurance fraud surcharge" means the fees imposed by subsection (2)(b) of this section.(b) "Organization" means every insurer, as defined in RCW 48.01.050, having a certificate of authority to do business in this state, every health care service c…