reglab/housing_qa huggingface dataset:
WA Rev Code § 48.155.040 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.155 - Health Care Discount Plan Organization Act.|48.155.040 - Surety bond—Deposit in lieu of bond.

RCW 48.155.040 Surety bond—Deposit in lieu of bond.(1) Each licensed discount plan organization shall continuously maintain in force a surety bond in its own name in an amount not less than thirty-five thousand dollars to be used in the discretion of the commissioner to protect the financial interest of Washington members. The bond must be issued by an insurance company licensed to do business in this state.(2) In lieu of the bond specified in subsection (1) of this section, a licensed discount plan organization may deposit and maintain deposited with the commissioner, or at the discretion of the commissioner, with any organization or trustee acceptable to the commissioner through which a custodial or controlled account is utilized, cash, securities, or any combination of these or other measures that are acceptable to the commissioner which always have a market value of not less than thirty-five thousand dollars.(3) All income from a deposit made under subsection (2) of this section is an asset of the discount plan organization.(4) Except for the commissioner, the assets or securities held in this state as a deposit under subsection (1) or (2) of this section are not subject to levy by a judgment creditor or other claimant of the discount plan organization.[ 2009 c 175 § 7.]
WA Rev Code § 48.155.050 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.155 - Health Care Discount Plan Organization Act.|48.155.050 - Investigations by commissioner—Organization must maintain detailed books and records.

RCW 48.155.050 Investigations by commissioner—Organization must maintain detailed books and records.(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 business and affairs of any discount plan organization.(2) An examination conducted under subsection (1) of this section must be performed in accordance with chapter 48.03 RCW, except that RCW 48.03.060 (1) and (2) shall not be applicable to the examination of persons registered under this chapter.(3) The commissioner may:(a) Order any discount plan organization or applicant that operates a discount plan organization to produce any records, books, files, advertising, and solicitation materials or other information; and(b) Gather evidence and take statements under oath to determine whether the discount plan organization or applicant is in violation of the law or is acting contrary to the public interest.(4) The discount plan organization or applicant that is the subject of the examination or investigation shall pay the expenses incurred in conducting the examination or investigation. Failure by the discount plan organization or applicant to pay the expenses is grounds for denial or revocation of a license to operate as a discount plan organization.(5) All discount plan organizations or applicants that are subject to examinations, investigations, or annual reporting requirements under this chapter shall maintain detailed books and records of the following:(a) Records documenting all Washington transactions, showing all funds received and all funds disbursed to Washington members, prospective members, providers, and provider networks;(b) All contracts or agreements with providers of the services under a discount plan offered in Washington or sold to Washington residents; and(c) Telephone scripts for marketing activities to which this chapter applies.The discount plan organization shall maintain the books and records described in this section, in addition to the books and records required to be maintained under RCW 48.155.070, for a period of at least two years.[ 2009 c 175 § 8.]
WA Rev Code § 48.155.060 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.155 - Health Care Discount Plan Organization Act.|48.155.060 - Charges and fees—When writing is required—Cancellation.

RCW 48.155.060 Charges and fees—When writing is required—Cancellation.(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 direct debit from a banking, credit, or debit card account unless that method of payment is clearly and conspicuously disclosed to the prospective member. All charges and fees must be provided in writing to the member when the member first joins the plan.(2) When a marketer or discount plan organization solicits a discount plan in conjunction with any other product, all charges that a member or prospective member must pay for each discount plan must be provided in writing as a separate item to the member or prospective member, unless the entire amount of the periodic charge which includes the periodic discount plan charge will be refunded if the member cancels his or her membership in the discount plan organization within the first thirty days after the date of receipt of the written documents for the discount plan as provided in subsection (3) of this section.(3)(a)(i) If a member cancels his or her membership in the discount plan organization within the first thirty days after the date of receipt of the written documents for the discount plan described in RCW 48.155.090(4), the member must receive a reimbursement of all periodic charges upon return of the discount plan card to the discount plan organization.(ii)(A) Cancellation occurs when notice of cancellation is given to the discount plan organization.(B) Notice of cancellation is given when delivered by hand or deposited in a mailbox, properly addressed and postage prepaid to the mailing address of the discount plan organization, or emailed to the email address of the discount plan organization.(iii) A discount plan organization shall return in full any periodic charge charged or collected after the member has given the discount plan organization notice of cancellation.(b) If the discount plan organization cancels a membership for any reason other than nonpayment of charges by the member, the discount plan organization shall make a pro rata reimbursement of all periodic charges to the member.[ 2009 c 175 § 9.]
WA Rev Code § 48.155.070 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.155 - Health Care Discount Plan Organization Act.|48.155.070 - Written health care provider agreements required—Terms—Internet website.

RCW 48.155.070 Written health care provider agreements required—Terms—Internet website.(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 health care provider or indirectly with a health care provider network to which the health care provider belongs.(b) A health care provider agreement between a discount plan organization and a health care provider must provide the following:(i) A list of the health care services and products to be provided at a discount;(ii) The amount or amounts of the discounts or, alternatively, a fee schedule that reflects the health care provider's discounted rates; and(iii) That the health care provider may not charge members more than the discounted rates.(c) A health care provider agreement between a discount plan organization and a health care provider network must require that the health care provider network have written agreements with its health care providers that:(i) Contain the provisions described in (b) of this subsection;(ii) Authorize the health care provider network to contract with the discount plan organization on behalf of the health care provider; and(iii) Require the health care provider network to maintain an up-to-date list of its contracted health care providers and to provide the list on a monthly basis to the discount plan organization.(d) A health care provider agreement between a discount plan organization and an entity that contracts with a health care provider network must require that the entity, in its contract with the health care provider network, require the health care provider network to have written agreements with its health care providers that comply with (c) of this subsection.(e) The discount plan organization shall maintain a copy of each health care provider agreement into which it has entered and shall promptly furnish a copy of each agreement to the commissioner when requested.(2)(a) Each discount plan organization shall maintain on an internet website a list of the names and addresses of the health care providers with which it has a current provider agreement directly or through a health care provider network. This list must be updated every thirty days. The internet website address must be prominently displayed on all of its advertisements, marketing materials, brochures, and discount plan cards.(b) This subsection applies to those health care providers with which the discount plan organization has a current provider agreement directly as well as those health care providers that are members of a health care provider network with which the discount plan organization has a current provider agreement.[ 2009 c 175 § 10.]
WA Rev Code § 48.155.080 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.155 - Health Care Discount Plan Organization Act.|48.155.080 - Marketing products—Directly to consumers—By contract with marketers.

RCW 48.155.080 Marketing products—Directly to consumers—By contract with marketers.(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, promoting, selling, or distributing the discount plan organization's discount plans.(b) The agreement between the discount plan organization and the marketer must prohibit the marketer from using advertising, marketing materials, brochures, and discount plan cards without first having the discount plan organization's approval in writing.(c) The discount plan organization is bound by and responsible for the activities of a marketer that are within the scope of the marketer's agency relationship with the organization.(3) A discount plan organization shall approve in writing all advertisements, marketing materials, brochures, and discount cards used by marketers to market, promote, sell, or distribute the discount plan prior to their use.(4) Upon request, a discount plan organization shall submit to the commissioner all advertising, marketing materials, and brochures used or to be used in connection with the organization's discount plans.[ 2009 c 175 § 11.]
WA Rev Code § 48.155.100 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.155 - Health Care Discount Plan Organization Act.|48.155.100 - Organization changes require notice to commissioner.

RCW 48.155.100 Organization changes require notice to commissioner.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 § 13.]
WA Rev Code § 48.155.110 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.155 - Health Care Discount Plan Organization Act.|48.155.110 - Annual report required—Fee—Contents—Failure to file.

RCW 48.155.110 Annual report required—Fee—Contents—Failure to file.(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 March 31st of the following year.(2) The annual report must be filed with the commissioner, accompanied by the twenty dollar annual reporting fee to be deposited into the general fund. The annual report must include:(a) Audited financial statements prepared in accordance with generally accepted accounting principles certified by an independent certified public accountant, including the organization's balance sheet, income statement, and statement of changes in cash flow for the preceding year. However, subject to the approval of the commissioner, an organization that is an affiliate of a parent entity that is publicly traded and that prepares audited financial statements reflecting the consolidated operations of the parent entity may submit the audited financial statement of the parent entity and a written guaranty that the minimum capital requirements required under RCW 48.155.030 will be met by the parent entity instead of the audited financial statement of the organization;(b) If different from the initial application for a license, or at the time of renewal of a license, or the last annual report, as appropriate, a list of the names and residence addresses of all persons responsible for the conduct of the organization's affairs, together with a disclosure of the extent and nature of any contracts or arrangements with these persons and the discount plan organization, including any possible conflicts of interest;(c) The number of current members the discount plan organization has in the state; and(d) Any other information relating to the performance of the discount plan organization that may be required by the commissioner.(3) Any discount plan organization that fails to file an annual report in the form and within the time required by this section is subject to the following:(a) Monetary penalties of:(i) Up to five hundred dollars each day for the first ten days during which the violation continues; and(ii) Up to one thousand dollars each day after the first ten days during which the violation continues; and(b) Upon notice by the commissioner, loss, suspension, or revocation of its license and authority to enroll new members or to do business in this state while the violation continues.[ 2009 c 175 § 14.]
WA Rev Code § 48.155.120 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.155 - Health Care Discount Plan Organization Act.|48.155.120 - Designation of compliance officer.

RCW 48.155.120 Designation of compliance officer.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 § 15.]
WA Rev Code § 48.155.130 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.155 - Health Care Discount Plan Organization Act.|48.155.130 - Violation of chapter—Commissioner's authority—Penalties—Criminal sanctions—Civil action for recovery of damages.

RCW 48.155.130 Violation of chapter—Commissioner's authority—Penalties—Criminal sanctions—Civil action for recovery of damages.(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 this chapter or any order of the commissioner, the commissioner may:(a) Issue a cease and desist order; and(b) After hearing or with the consent of the discount plan organization and in addition to or in lieu of the suspension, revocation, or refusal to renew any license, impose a monetary penalty of not less than one hundred dollars for each violation and not more than ten thousand dollars for each violation.(2) A person that willfully operates as or aids and abets another operating as a discount plan organization in violation of RCW 48.155.020(1) commits insurance fraud and is subject to RCW 48.15.020 and 48.15.023, as if the unlicensed discount plan organization were an unauthorized insurer, and the fees, dues, charges, or other consideration collected from the members by the unlicensed discount plan organization or marketer were insurance premiums.(3) A person that collects fees for purported membership in a discount plan but willfully fails to provide the promised benefits commits a theft and upon conviction is subject to the provisions of Title 9A RCW. In addition, upon conviction, the person shall pay restitution to persons aggrieved by the violation of this chapter.(4) Any person damaged by acts that violate this chapter may maintain an action for the recovery of damages caused by that act or acts.(a) An action for violation of this section may be brought:(i) In the county where the plaintiff resides;(ii) In the county where the plaintiff conducts business; or(iii) In the county where the discount plan was sold, marketed, promoted, advertised, or otherwise distributed.(b) The acceptance or use of any discount plan or discount plan card does not operate as a waiver of any civil, criminal, or administrative claim that may be asserted under this chapter.[ 2009 c 175 § 16.]NOTES:*Reviser's note: RCW 48.155.020 was amended by 2011 c 47 § 18, changing subsection (8) to subsection (9).
WA Rev Code § 48.155.140 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.155 - Health Care Discount Plan Organization Act.|48.155.140 - Temporary and permanent injunctive relief—When authorized.

RCW 48.155.140 Temporary and permanent injunctive relief—When authorized.(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 person, entity, or discount plan organization has engaged in any activity prohibited by this chapter or any rule adopted under this chapter.(b) The venue for any court proceeding brought under this section is Thurston county.(2) The commissioner's authority to seek injunctive relief is not conditioned on having conducted any proceeding under chapter 34.05 RCW.[ 2009 c 175 § 17.]
WA Rev Code § 48.160.001 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.160 - Guaranteed Asset Protection Waivers.|48.160.001 - Purpose—Application.

RCW 48.160.001 Purpose—Application.(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 regulated financial institution operating under 12 C.F.R. Part 37 of the office of the comptroller of the currency regulations or credit unions operating under 12 C.F.R. 721.3(g) of the national credit union administration regulations, or state regulated banks, credit unions, financial institutions operating pursuant to chapter 63.14 RCW, and consumer loan companies operating pursuant to chapter 31.04 RCW. However, an exempt federal or state chartered bank, credit union, or financial institution may elect to offer a guaranteed asset protection waiver that complies with this section, RCW 48.160.010, and 48.160.030 through 48.160.060.(3) Guaranteed asset protection waivers are governed under this chapter and are exempt from all other provisions of this title, except RCW 48.02.060 and 48.02.080, chapter 48.04 RCW, and as provided in this chapter.[ 2009 c 334 § 1.]
WA Rev Code § 48.160.005 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.160 - Guaranteed Asset Protection Waivers.|48.160.005 - Guaranteed asset protection waiver account.

RCW 48.160.005 Guaranteed asset protection waiver account.The guaranteed asset protection waiver account is created in the custody of the state treasurer. The fees and fines collected under this chapter must be deposited into the account. Expenditures from the account may be used to implement, administer, and enforce this chapter. Only the commissioner or the commissioner's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.[ 2009 c 334 § 10.]
WA Rev Code § 48.160.010 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.160 - Guaranteed Asset Protection Waivers.|48.160.010 - Definitions.

RCW 48.160.010 Definitions.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 programs.(2) "Borrower" means a debtor, retail buyer, or lessee, under a finance agreement, or a person who receives a loan or enters into a retail installment contract to purchase or lease a motor vehicle or vessel under chapter 63.14 RCW.(3) "Creditor" means:(a) The lender in a loan or credit transaction;(b) The lessor in a lease transaction;(c) Any retail seller of motor vehicles that provides credit to retail buyers of motor vehicles provided the seller complies with this chapter;(d) The seller in commercial retail installment transactions; or(e) The assignees of any creditor under this subsection to whom the credit obligation is payable.(4) "Finance agreement" means a loan, lease, or retail installment sales contract for the purchase or lease of a motor vehicle.(5) "Free look period" means the period of time from the effective date of the waiver until the date the borrower may cancel the waiver without penalty, fees, or costs to the borrower. This period of time must not be shorter than thirty days.(6) "Guaranteed asset protection waiver" or "waiver" means a contractual agreement wherein a creditor agrees for a separate charge to cancel or waive all or part of amounts due that creditor on a borrower's finance agreement with that creditor in the event of a total physical damage loss or unrecovered theft of the motor vehicle, which agreement must be part of, or a separate addendum to, the finance agreement.(7) "Insurer" means an insurance company licensed, registered, or otherwise authorized to do business under the insurance laws of this state.(8) "Motor vehicle" means self-propelled or towed vehicles designed for personal or commercial use, including but not limited to automobiles, trucks, motorcycles, recreational vehicles, all-terrain vehicles, snowmobiles, campers, boats, personal watercraft, and motorcycle, boat, camper, and personal watercraft trailers.(9) "Motor vehicle dealer" has the same meaning as "vehicle dealer" in RCW 46.70.011.(10) "Person" includes an individual, company, association, organization, partnership, business trust, corporation, and every form of legal entity.(11) "Retail buyer" means a person who buys or agrees to buy a motor vehicle or obtain motor vehicle services or agrees to have motor vehicle services rendered or furnished from a retail seller.(12) "Retail seller" means a person engaged in the business of selling motor vehicles or motor vehicle services to retail buyers.(13) "Unregistered marketers" means persons who offer for sale and sell guaranteed asset protection waivers who are not registered under this chapter and who are not otherwise exempt under this chapter.[ 2009 c 334 § 2.]