reglab/housing_qa huggingface dataset:
WA Rev Code § 48.87.010 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.87 - Midwives and Birthing Centers—Joint Underwriting Association.|48.87.010 - Intent.

RCW 48.87.010 Intent.Certified nurse midwives and licensed midwives experience a major problem in both the availability and affordability of malpractice insurance. In particular midwives practicing outside hospital settings are unable to obtain malpractice insurance at any price in this state at this time. Licensed midwives have been unable to obtain hospital privileges due in part to the requirement of almost all Washington hospitals that professional staff members have liability insurance.The services performed by midwives are in demand by many women for childbirth and prenatal care. Women often choose to have a home or birth center birth instead of a hospital birth. Women are entitled to the provider of their choice at such a critical life event. Studies document the safety of midwife-attended births and the safety of home births for low-risk women.At a time when safety, cost-effectiveness, and individual choice are of paramount concern to the citizens of Washington state, midwifery care in a variety of settings must be available to the public. This is essential to the goals of increased access to maternity care and increased cost-effectiveness of care, as well as addressing problems of provider shortage. One of the primary impediments to the availability of maternity services performed by midwives is the lack of available and affordable malpractice liability insurance coverage.This chapter is intended to increase the availability of cost-effective, high quality maternity care by making malpractice insurance available for midwives. This chapter is implemented by requiring all insurers authorized to write commercial or professional liability insurance to be members of a joint underwriting association created to provide malpractice insurance for midwives.[ 1993 c 112 § 1.]
WA Rev Code § 48.87.020 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.87 - Midwives and Birthing Centers—Joint Underwriting Association.|48.87.020 - Definitions.

RCW 48.87.020 Definitions.Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Association" means the joint underwriting association established under this chapter.(2) "Midwifery and birth center malpractice insurance" means insurance coverage against the legal liability of the insured and against loss damage or expense incident to a claim arising out of the death or injury of a person as a result of negligence or malpractice in rendering professional service by a licensee.(3) "Licensee" means a person or facility licensed to provide midwifery services under chapter 18.50, 18.79, or 18.46 RCW.[ 2002 c 300 § 1; 1993 c 112 § 2.]
WA Rev Code § 48.87.030 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.87 - Midwives and Birthing Centers—Joint Underwriting Association.|48.87.030 - Plan for establishing association—Commissioner's duty—Market assistance plan.

RCW 48.87.030 Plan for establishing association—Commissioner's duty—Market assistance plan.The insurance commissioner shall approve by December 31, 1993, a reasonable plan for the establishment of a nonprofit, joint underwriting association for midwifery and birth center malpractice insurance subject to the conditions and limitations contained in this chapter. Such plan shall include a market assistance plan to be used prior to activating a joint underwriting association.[ 1993 c 112 § 3.]
WA Rev Code § 48.87.040 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.87 - Midwives and Birthing Centers—Joint Underwriting Association.|48.87.040 - Composition of association.

RCW 48.87.040 Composition of association.The association shall be comprised of all insurers possessing a certificate of authority to write and engaged in writing medical malpractice insurance within this state and general casualty companies. Every insurer shall be a member of the association and shall remain a member as a condition of its authority to continue to transact business in this state. Only licensed midwives under chapter 18.50 RCW, certified nurse midwives licensed under chapter 18.79 RCW, or birth centers licensed under chapter 18.46 RCW may participate in the joint underwriting authority.[ 2002 c 300 § 2; 1993 c 112 § 4.]
WA Rev Code § 48.87.050 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.87 - Midwives and Birthing Centers—Joint Underwriting Association.|48.87.050 - Midwifery and birth center malpractice insurance—Rating plan modified according to practice volume.

RCW 48.87.050 Midwifery and birth center malpractice insurance—Rating plan modified according to practice volume.A licensee may apply to the association to purchase midwifery and birth center malpractice insurance and the association shall offer a policy with liability limits of one million dollars per claim and three million dollars per annual aggregate, or such other minimum level of mandated coverage as determined by the department of health. The insurance commissioner shall require the use of a rating plan for midwifery malpractice insurance that permits rates to be modified according to practice volume. Any rating plan for midwifery malpractice insurance used under this section must be based on sound actuarial principles. Coverage may not exclude midwives who engage in home birth or birth center deliveries.[ 1994 c 90 § 1; 1993 c 112 § 5.]NOTES:Effective date—1994 c 90: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 23, 1994]." [ 1994 c 90 § 2.]
WA Rev Code § 48.87.060 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.87 - Midwives and Birthing Centers—Joint Underwriting Association.|48.87.060 - Administering a plan.

RCW 48.87.060 Administering a plan.The commissioner may select an insurer to administer a plan established under this chapter. The insurer must be admitted to transact the business of insurance of the state of Washington.[ 1993 c 112 § 6.]
WA Rev Code § 48.87.070 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.87 - Midwives and Birthing Centers—Joint Underwriting Association.|48.87.070 - Policies written on a claims made basis—Commissioner may not approve without insurer guarantees.

RCW 48.87.070 Policies written on a claims made basis—Commissioner may not approve without insurer guarantees.The insurance commissioner may not approve a policy written on a claims made basis by an insurer doing business in this state unless the insurer guarantees to the commissioner the continued availability of suitable liability protection for midwives subsequent to the discontinuance of professional practice by the midwife or the sooner termination of the insurance policy by the insurer for so long as there is a reasonable probability of a claim for injury for which the health care provider might be liable.[ 1993 c 112 § 7.]
WA Rev Code § 48.87.080 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.87 - Midwives and Birthing Centers—Joint Underwriting Association.|48.87.080 - Risk management program—Part of plan.

RCW 48.87.080 Risk management program—Part of plan.A risk management program for insureds of the association must be established as a part of the plan. This program must include but not be limited to: Investigation and analysis of frequency, severity, and causes of adverse or untoward outcomes; development of measures to control these injuries; systematic reporting of incidents; investigation and analysis of patient complaints; and education of association members to improve quality of care and risk reduction.[ 1993 c 112 § 8.]
WA Rev Code § 48.87.100 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.87 - Midwives and Birthing Centers—Joint Underwriting Association.|48.87.100 - Rule making.

RCW 48.87.100 Rule making.The commissioner may adopt all rules necessary to ensure the efficient, equitable operation of the association, including but not limited to, rules requiring or limiting certain policy provisions.[ 1993 c 112 § 10.]
WA Rev Code § 48.88.010 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.88 - Day Care Services—Joint Underwriting Association.|48.88.010 - Intent.

RCW 48.88.010 Intent.Day care service providers have experienced major problems in both the availability and affordability of liability insurance. Premiums for such insurance policies have recently grown as much as five hundred percent and the availability of such insurance in Washington markets has greatly diminished.The availability of quality day care is essential to achieving such goals as increased workforce productivity, family self-sufficiency, and protection for children at risk due to poverty and abuse. The unavailability of adequate liability insurance threatens to decrease the availability of day care services.This chapter is intended to remedy the problem of unavailable liability insurance for day care services by requiring all insurers authorized to write commercial or professional liability insurance to be members of a joint underwriting association created to provide liability insurance for day care services.[ 1986 c 141 § 1.]
WA Rev Code § 48.88.020 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.88 - Day Care Services—Joint Underwriting Association.|48.88.020 - Definitions.

RCW 48.88.020 Definitions.Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Association" means the joint underwriting association established pursuant to the provisions of this chapter.(2) "Day care insurance" means insurance coverage against the legal liability of the insured and against loss, damage, or expense incident to a claim arising out of the death or injury of any person as the result of negligence or malpractice in rendering professional service by any licensee.(3) "Licensee" means any person or facility licensed to provide day care services pursuant to chapter 74.15 RCW.[ 1986 c 141 § 2.]
WA Rev Code § 48.88.030 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.88 - Day Care Services—Joint Underwriting Association.|48.88.030 - Plan for joint underwriting association.

RCW 48.88.030 Plan for joint underwriting association.The commissioner shall approve by July 1, 1986, a reasonable plan for the establishment of a nonprofit, joint underwriting association for day care insurance, subject to the conditions and limitations contained in this chapter.[ 1986 c 141 § 3.]
WA Rev Code § 48.88.040 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.88 - Day Care Services—Joint Underwriting Association.|48.88.040 - Association—Membership.

RCW 48.88.040 Association—Membership.The association shall be comprised of all insurers possessing a certificate of authority to write and engage in writing property and casualty insurance within this state on a direct basis, including the liability portion of multiperil policies, but not of ocean marine insurance. Every such insurer shall be a member of the association and shall remain a member as a condition of its authority to continue to transact business in this state.[ 1986 c 141 § 4.]
WA Rev Code § 48.88.050 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.88 - Day Care Services—Joint Underwriting Association.|48.88.050 - Policies—Liability limits—Rating plan.

RCW 48.88.050 Policies—Liability limits—Rating plan.Any licensee may apply to the association to purchase day care insurance, and the association shall offer a policy with liability limits of at least one hundred thousand dollars per occurrence. The commissioner shall require the use of a rating plan for day care insurance that permits rates to be modified for individual licensees according to the type, size and past loss experience of the licensee including any other difference among licensees that can be demonstrated to have a probable effect upon losses.[ 1986 c 141 § 5.]
WA Rev Code § 48.88.070 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.88 - Day Care Services—Joint Underwriting Association.|48.88.070 - Rules.

RCW 48.88.070 Rules.The commissioner may adopt all rules necessary to ensure the efficient, equitable operation of the association, including but not limited to, rules requiring or limiting certain policy provisions.[ 1986 c 141 § 7.]
WA Rev Code § 48.90.010 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.90 - Child Day Care Centers—Self-Insurance.|48.90.010 - Findings and intent.

RCW 48.90.010 Findings and intent.(1) Day care providers are facing a major crisis in that adequate and affordable business liability insurance is no longer available within this state for persons who care for children. Many child day care centers have been forced to purchase inadequate coverage at prohibitive premium rates from unregulated foreign surplus line carriers over which the state has minimal control.(2) There is a danger that a substantial number of child day care centers who cannot afford the escalating premiums will be unable or unwilling to remain in business without adequate coverage. As a result the number of available facilities will be drastically reduced forcing some parents to leave the workforce to care for their children. A corresponding demand upon the state's resources will result in the form of public assistance to unemployed parents and day care providers.(3) There is a further danger that a substantial number of child day care centers now licensed pursuant to state law, who currently provide specific safeguards for the health and safety of children but are unable to procure insurance, may choose to continue to operate without state approval, avoiding regulation and payment of legitimate taxes, and forcing some parents to place their children in facilities of unknown quality and questionable levels of safety.(4) Most child day care centers are small business enterprises with limited resources. The state's policies encourage the growth and development of small businesses.(5)(a) This chapter is intended to remedy the problem of nonexistent or unaffordable liability coverage for child day care centers, and to encourage compliance with state laws protecting children while meeting the state's sound economic policies of encouraging small business development, sustaining an active workforce, and discouraging policies that result in an increased drain on the state's resources through public assistance and other forms of public funding.(b) This chapter will empower child day care centers to create self-insurance pools, to purchase insurance coverage, and to contract for risk management and administrative services through an association with demonstrated responsible fiscal management.The intent of this legislation is to allow these associations maximum flexibility to create and administer plans to provide coverage and risk management services to licensed child day care centers.[ 2003 c 248 § 21; 1986 c 142 § 1.]
WA Rev Code § 48.90.020 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.90 - Child Day Care Centers—Self-Insurance.|48.90.020 - Definitions.

RCW 48.90.020 Definitions.The definitions in this section apply throughout this chapter.(1) "Child day care center" means an agency that regularly provides care for one or more children for periods of less than twenty-four hours as defined in *RCW 74.15.020(1)(a).(2) "Association" means a corporation organized under Title 24 RCW, representative of one or more categories of child day care centers not formed for the sole purpose of establishing and operating a self-insurance program that:(a) Maintains a roster of current names and addresses of member child day care centers and of former member child day care centers or their representatives, and of all employees of member or former member child day care centers;(b) Has a membership of a size and stability to ensure that it will be able to provide consistent and responsible fiscal management; and(c) Maintains a regular newsletter or other periodic communication to member child day care centers.(3) "Subscriber" means a child day care center that:(a) Subscribes to a plan created pursuant to this chapter;(b) Complies with all state licensing requirements;(c) Is a member in good standing of an association;(d) Has consistently maintained its license free from revocation for cause, except where the revocation was not later rescinded or vacated by appellate or administrative decision; and(e) Is prepared to demonstrate the willingness and ability to bear its share of the financial responsibility of its participation in the plan for each applicable contractual period.[ 2003 c 248 § 22; 1986 c 142 § 2.]NOTES:*Reviser's note: RCW 74.15.020 was amended by 2006 c 265 § 401, deleting subsection (1)(a).
WA Rev Code § 48.90.030 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.90 - Child Day Care Centers—Self-Insurance.|48.90.030 - Authority to self-insure.

RCW 48.90.030 Authority to self-insure.Associations meeting the criteria of RCW 48.90.020 are empowered to create and operate self-insurance plans to provide general liability coverage to member child day care centers who choose to subscribe to the plans.[ 2003 c 248 § 23; 1986 c 142 § 3.]
WA Rev Code § 48.90.040 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.90 - Child Day Care Centers—Self-Insurance.|48.90.040 - Chapter exclusive.

RCW 48.90.040 Chapter exclusive.Except as provided in this chapter, self-insurance plans formed and implemented pursuant to this chapter shall be governed by this chapter and shall be exempt from all other provisions of the insurance laws of this state.[ 1986 c 142 § 4.]
WA Rev Code § 48.90.050 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.90 - Child Day Care Centers—Self-Insurance.|48.90.050 - Elements of plan.

RCW 48.90.050 Elements of plan.Any association desiring to establish a plan pursuant to this chapter shall prepare and submit to the commissioner a proposed plan of organization and operation, including the following elements:(1) A statement that the association meets the requirements of this chapter.(2) A financial plan specifying:(a) The coverage to be offered by the self-insurance pool, setting forth a deductible level and maximum level of claims that the pool will self-insure;(b) The amount of cash reserves to be maintained for the payment of claims;(c) The amount of insurance, if any, to be purchased to cover claims in excess of the amount of claims to be satisfied directly from the association's own cash reserves;(d) The amount of stop-loss coverage to be purchased in the event the joint self-insurance pool's resources are exhausted in a given fiscal period;(e) A mechanism for determining and assessing the contingent liability of subscribers in the event the assets in the contributing trust fund are at any time insufficient to cover liabilities; and(f) Certification that all subscribers in the pool are apprised of the limitations of coverage to be provided.(3) A plan of management setting forth:(a) The means of fulfilling the requirements in RCW 48.90.050(2);(b) The names and addresses of board members and their terms of office, and a copy of the corporate bylaws defining the method of election of board members;(c) The frequency of studies or other evaluation to establish the periodic contribution rates for each of the subscribers;(d) The responsibilities of subscribers, including procedures for entry into and withdrawal from the pool, the allocation of contingent liabilities and a procedure for immediate assessments if the contributing trust fund falls below the level set in RCW 48.90.050(2)(b);(e) A plan for monitoring risks and disseminating information with respect to their reduction or elimination;(f) A contract with a professional insurance management corporation, for the management and operation of any joint self-insurance pool established by the association; and(g) The corporate address of the association.[ 1986 c 142 § 5.]
WA Rev Code § 48.90.060 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.90 - Child Day Care Centers—Self-Insurance.|48.90.060 - Approval of plan.

RCW 48.90.060 Approval of plan.If the plan submitted complies with RCW 48.90.050 and if the terms of the plan reflect sound financial management, the commissioner shall approve the plan submitted pursuant to RCW 48.90.050.[ 1986 c 142 § 6.]
WA Rev Code § 48.90.070 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.90 - Child Day Care Centers—Self-Insurance.|48.90.070 - Contributing trust fund.

RCW 48.90.070 Contributing trust fund.All funds contributed for the purpose of the self-insurance plan shall be deposited in a contributing trust fund, which shall at all times be maintained separately from the general funds of the association. The association shall not contribute to or draw upon the contributing trust fund at any time or for any reason other than administration of the trust fund and operation of the plan. All administration and operating costs related to the trust fund shall be drawn from it.[ 1986 c 142 § 7.]
WA Rev Code § 48.90.080 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.90 - Child Day Care Centers—Self-Insurance.|48.90.080 - Initial implementation of plan—Conditions.

RCW 48.90.080 Initial implementation of plan—Conditions.The initial implementation of the plan shall be conditioned upon establishment of the minimum deposits in the contributing trust fund at least thirty days prior to the first effective date of the program for its first year of operation.[ 1986 c 142 § 8.]
WA Rev Code § 48.90.090 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.90 - Child Day Care Centers—Self-Insurance.|48.90.090 - Standard of care in fund management—Fiduciary.

RCW 48.90.090 Standard of care in fund management—Fiduciary.In managing the assets of the contributing trust fund, the association shall exercise the reasonable judgment and care that ordinary persons of prudence, intelligence, and discretion exercise in the sound management of their affairs, not in regard to speculation but in regard to preservation of their funds with maximum return, given the information reasonably available. The association may delegate this duty to a responsible fiduciary. If the fiduciary has special skills or represents that it has special skills, then the fiduciary is under a duty to use those skills in the management of the fund's assets.[ 1986 c 142 § 9.]
WA Rev Code § 48.90.100 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.90 - Child Day Care Centers—Self-Insurance.|48.90.100 - Annual report.

RCW 48.90.100 Annual report.The association shall provide an annual report of the operations of the plan to all subscribers, to the secretary of social and health services, and to the commissioner. This report shall:(1) Review claims made, judgments entered, and claims rejected;(2) Certify that the current level of the contributing trust fund is sufficient to meet reasonable needs, or provide a plan for establishing such a level within a reasonable time; and(3) Make recommendations for specific measures of risk reduction.[ 1986 c 142 § 10.]