reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.62 - Local Government Insurance Transactions. › 48.62.034 - Joint self-insurance program—Actions authorized.

RCW 48.62.034
Joint self-insurance program—Actions authorized.
(1) For the purpose of carrying out a joint self-insurance program, a joint self-insurance program and a separate legal entity created under RCW 48.62.031 each may:
(a) Contract indebtedness and issue and sell revenue bonds evidencing such indebtedness or establish lines of credit pursuant to and in the manner provided for local governments in chapter 39.46 RCW with the joint board under RCW 39.34.030; board of directors under RCW 48.62.081; or governing board of a separate legal entity formed under RCW 48.62.031, performing the functions to be performed by the governing body of a local government under chapter 39.46 RCW and appointing a treasurer to perform the functions to be performed by the treasurer under chapter 39.46 RCW;
(b) Contract indebtedness and issue and sell short-term obligations evidencing such indebtedness pursuant to and in the manner provided for municipal corporations in chapter 39.50 RCW with the joint board under RCW 39.34.030; board of directors under RCW 48.62.081; or governing board of a separate legal entity formed under RCW 48.62.031, performing the functions to be performed by the governing body of a municipal corporation under chapter 39.50 RCW; and
(c) Contract indebtedness and issue and sell refunding bonds pursuant to and in the manner provided for public bodies in chapter 39.53 RCW with the joint board under RCW 39.34.030; board of directors under RCW 48.62.081; or governing board of a separate legal entity formed under RCW 48.62.031, performing the functions to be performed by the governing body of a public body under chapter 39.53 RCW.
(2) For the purpose of carrying out a joint self-insurance program, a joint self-insurance program and a separate legal entity formed under RCW 48.62.031 each may make loans of the proceeds of revenue bonds issued under this section to a joint self-insurance program or a local government entity that has joined or formed a joint self-insurance program.
(3) For the purpose of carrying out a joint self-insurance program, a joint self-insurance program and each local government entity that has joined or formed a joint self-insurance program may accept loans of the proceeds of revenue bonds issued under this section.
[ 2005 c 147 § 2.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.62 - Local Government Insurance Transactions. › 48.62.037 - Board of pilotage commissioners—Participation in joint self-insurance program—Liability insurance coverage.

RCW 48.62.037
Board of pilotage commissioners—Participation in joint self-insurance program—Liability insurance coverage.
The board of pilotage commissioners may participate in a local government joint self-insurance program formed or operating in accordance with this chapter. The board of pilotage commissioners may participate in the program to obtain liability insurance coverage, but not property insurance coverage.
[ 2019 c 26 § 2.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.62 - Local Government Insurance Transactions. › 48.62.061 - Rule making by state risk manager—Standards.

RCW 48.62.061
Rule making by state risk manager—Standards.
The state risk manager shall adopt rules governing the management and operation of both individual and joint local government self-insurance programs covering property or liability risks. The state risk manager shall also adopt rules governing the management and operation of both individual and joint local government self-insured health and welfare benefits programs. All rules shall be appropriate for the type of program and class of risk covered. The state risk manager's rules shall include:
(1) Standards for the management, operation, and solvency of self-insurance programs, including the necessity and frequency of actuarial analyses and claims audits;
(2) Standards for claims management procedures; and
(3) Standards for contracts between self-insurance programs and private businesses including standards for contracts between third-party administrators and programs.
[ 2010 1st sp.s. c 7 § 55; 1991 sp.s. c 30 § 6.]
NOTES:
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.62 - Local Government Insurance Transactions. › 48.62.071 - Program approval required—State risk manager—Plan of management and operation.

RCW 48.62.071
Program approval required—State risk manager—Plan of management and operation.
Before the establishment of a joint self-insurance program covering property or liability risks by local government entities, or an individual or joint local government self-insured health and welfare benefits program, the entity or entities must obtain the approval of the state risk manager. Risk manager approval is not required for the establishment of an individual local government self-insurance program covering property or liability risks. The entity or entities proposing creation of a self-insurance program requiring prior approval shall submit a plan of management and operation to the state risk manager and the state auditor that provides at least the following information:
(1) The risk or risks to be covered, including any coverage definitions, terms, conditions, and limitations or in the case of health and welfare benefits programs, the benefits to be provided, including any benefit definitions, terms, conditions, and limitations;
(2) The amount and method of financing the benefits or covered risks, including the initial capital and proposed rates and projected premiums;
(3) The proposed claim reserving practices;
(4) The proposed purchase and maintenance of insurance or reinsurance in excess of the amounts retained by the self-insurance program;
(5) In the case of a joint program, the legal form of the program, including but not limited to any bylaws, charter, or trust agreement;
(6) In the case of a joint program, the agreements with members of the program defining the responsibilities and benefits of each member and management;
(7) The proposed accounting, depositing, and investment practices of the program;
(8) The proposed time when actuarial analysis will be first conducted and the frequency of future actuarial analysis;
(9) A designation of the individual upon whom service of process shall be executed on behalf of the program. In the case of a joint program, a designation of the individual to whom service of process shall be forwarded by the risk manager on behalf of the program;
(10) All contracts between the program and private persons providing risk management, claims, or other administrative services;
(11) A professional analysis of the feasibility of creation and maintenance of the program; and
(12) Any other information required by rule of the state risk manager that is necessary to determine the probable financial and management success of the program or that is necessary to determine compliance with this chapter.
[ 1991 sp.s. c 30 § 7.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.62 - Local Government Insurance Transactions. › 48.62.081 - Multistate program participants—Requirements.

RCW 48.62.081
Multistate program participants—Requirements.
A local government entity may participate in a joint self-insurance program covering property or liability risks with similar local government entities from other states if the program satisfies the following requirements:
(1) Only those local government entities of this state and similar entities of other states that are provided insurance by the program may have ownership interest in the program;
(2) The participating local government entities of this state and other states shall elect a board of directors to manage the program, a majority of whom shall be affiliated with one or more of the participating entities;
(3) The program must provide coverage through the delivery to each participating entity of one or more written policies effecting insurance of covered risks;
(4) The program shall be financed, including the payment of premiums and the contribution of initial capital, in accordance with the plan of management and operation submitted to the state risk manager in accordance with this chapter;
(5) The financial statements of the program shall be audited annually by the certified public accountants for the program, and such audited financial statements shall be delivered to the Washington state auditor and the state risk manager not more than one hundred twenty days after the end of each fiscal year of the program;
(6) The investments of the program shall be initiated only with financial institutions and/or broker-dealers doing business in those states in which participating entities are located, and such investments shall be audited annually by the certified public accountants for the program, and a list of such investments shall be delivered to the Washington state auditor not more than one hundred twenty days after the end of each fiscal year of the program;
(7) The treasurer of a multistate joint self-insurance program shall be designated by resolution of the program and such treasurer shall be located in the state of one of the participating entities;
(8) The participating entities may have no contingent liabilities for covered claims, other than liabilities for unpaid premiums, retrospective premiums, or assessments, if assets of the program are insufficient to cover the program's liabilities; and
(9) The program shall obtain approval from the state risk manager in accordance with this chapter and shall remain in compliance with the provisions of this chapter, except to the extent that such provisions are modified by or inconsistent with this section.
[ 1991 sp.s. c 30 § 8.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.62 - Local Government Insurance Transactions. › 48.62.101 - Access to information—Executive sessions—Public records act.

RCW 48.62.101
Access to information—Executive sessions—Public records act.
(1) All self-insurance programs governed by this chapter may provide for executive sessions in accordance with chapter 42.30 RCW to consider litigation and settlement of claims when it appears that public discussion of these matters would impair the program's ability to conduct its business effectively.
(2) Notwithstanding any provision to the contrary contained in the public records act, chapter 42.56 RCW, in a claim or action against the state or a local government entity, no person is entitled to discover that portion of any funds or liability reserve established for purposes of satisfying a claim or cause of action, except that the reserve is discoverable in a supplemental or ancillary proceeding to enforce a judgment. All other records of individual or joint self-insurance programs are subject to disclosure in accordance with chapter 42.56 RCW.
(3) In accordance with chapter 42.56 RCW, bargaining groups representing local government employees shall have reasonable access to information concerning the experience and performance of any health and welfare benefits program established for the benefit of such employees.
[ 2005 c 274 § 316; 1991 sp.s. c 30 § 10.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.62 - Local Government Insurance Transactions. › 48.62.123 - Existing benefit program established as a trust—Risk manager—Limited extension of deadline for compliance.

RCW 48.62.123
Existing benefit program established as a trust—Risk manager—Limited extension of deadline for compliance.
No local government self-insured employee health and welfare benefit program established as a trust by a local government entity or entities prior to July 25, 1993, may continue in operation unless such program complies with the provisions of this chapter within one hundred eighty days after July 25, 1993. The state risk manager may extend such period if the risk manager finds that such local government entity or entities are making a good faith effort and taking all necessary steps to comply with this chapter; however, in no event may the risk manager extend the period required for compliance more than ninety days after the expiration of the initial one hundred eighty-day period.
[ 1993 c 458 § 2.]
NOTES:
Review of health care trusts—1993 c 458: See note following RCW 48.62.121.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.62 - Local Government Insurance Transactions. › 48.62.125 - Educational service districts—Rules—Superintendent of public instruction.

RCW 48.62.125
Educational service districts—Rules—Superintendent of public instruction.
All rules adopted by the superintendent of public instruction by January 1, 1992, that apply to self-insurance programs of educational service districts remain in effect until expressly amended, repealed, or superseded by the state risk manager or the state health care authority.
[ 1991 sp.s. c 30 § 31.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.62 - Local Government Insurance Transactions. › 48.62.131 - Preexisting programs—Notice to state auditor.

RCW 48.62.131
Preexisting programs—Notice to state auditor.
Every local government entity that has established a self-insurance program not subject to the prior approval requirements of this chapter shall provide written notice to the state auditor of the existence of the program. The notice must identify the manager of the program and the class or classes of risk self-insured. The notice must also identify all investments and distribution of assets of the program, the current depository of assets and the program's designation of asset depository and investment agent as required by RCW 48.62.111. In addition, the local government entity shall notify the state auditor whenever the program covers a new class of risk or discontinues the self-insurance of a class of risk.
[ 1991 sp.s. c 30 § 13.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.62 - Local Government Insurance Transactions. › 48.62.141 - Insufficient assets—Program requirement.

RCW 48.62.141
Insufficient assets—Program requirement.
Every joint self-insurance program covering liability or property risks, excluding multistate programs governed by RCW 48.62.081 and nonprofit risk pools formed under *RCW 48.62.036 and chapter 48.180 RCW, shall provide for the contingent liability of participants in the program if assets of the program are insufficient to cover the program's liabilities.
[ 2015 c 109 § 4; 1991 sp.s. c 30 § 14.]
NOTES:
*Reviser's note: RCW 48.62.036 was repealed by 2015 c 109 § 18.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.62 - Local Government Insurance Transactions. › 48.62.151 - Insurance premium taxes—Exemption.

RCW 48.62.151
Insurance premium taxes—Exemption.
A joint self-insurance program approved in accordance with this chapter is exempt from insurance premium taxes, from fees assessed under chapter 48.02 RCW, from chapters 48.32 and 48.32A RCW, from business and occupations taxes imposed under chapter 82.04 RCW, and from any assigned risk plan or joint underwriting association otherwise required by law. This section does not apply to and no exemption is provided for insurance companies issuing policies to cover program risks, nor does it apply to or provide an exemption for third-party administrators, surplus line brokers, or insurance producers serving the self-insurance program.
[ 2009 c 162 § 30; 2008 c 217 § 63; 1991 sp.s. c 30 § 15.]
NOTES:
Effective date—2009 c 162: See note following RCW 48.03.020.
Severability—Effective date—2008 c 217: See notes following RCW 48.03.020.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.62 - Local Government Insurance Transactions. › 48.62.161 - Establishment of fee to cover costs—State risk manager.

RCW 48.62.161
Establishment of fee to cover costs—State risk manager.
(1) The state risk manager shall establish and charge an investigation fee in an amount necessary to cover the costs for the initial review and approval of a self-insurance program. The fee must accompany the initial submission of the plan of operation and management.
(2) The costs of subsequent reviews and investigations shall be charged to the self-insurance program being reviewed or investigated in accordance with the actual time and expenses incurred in the review or investigation.
(3) The state risk manager may calculate, levy, and collect from each joint property and liability self-insurance program and each individual and joint health and welfare benefit program regulated by this chapter a start-up assessment to pay initial expenses and operating costs of the risk manager's office in administering this chapter. Any program failing to remit its assessment when due is subject to denial of permission to operate or to a cease and desist order until the assessment is paid.
[ 2010 1st sp.s. c 7 § 56; 1991 sp.s. c 30 § 16.]
NOTES:
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.62 - Local Government Insurance Transactions. › 48.62.171 - Dissemination of information—Civil immunity.

RCW 48.62.171
Dissemination of information—Civil immunity.
(1) Any person who files reports or furnishes other information required under Title 48 RCW, required by the risk manager or the state auditor under authority granted by Title 48 RCW, or which is useful to the risk manager or the state auditor in the administration of Title 48 RCW, shall be immune from liability in any civil action or suit arising from the filing of any such report or furnishing such information to the risk manager or to the state auditor, unless actual malice, fraud, or bad faith is shown.
(2) The risk manager and the state auditor, and the agents and employees of each, are immune from liability in any civil action or suit arising from the publication of any report or bulletins or arising from dissemination of information related to the official activities of the risk manager, the advisory boards, or the state auditor, unless actual malice, fraud, or bad faith is shown.
(3) The immunity granted by this section is in addition to any common law or statutory privilege or immunity enjoyed by such person, and nothing in this section is intended to abrogate or modify in any way such common law or statutory privilege or immunity.
[ 1991 sp.s. c 30 § 17.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.62 - Local Government Insurance Transactions. › 48.62.900 - Effective date, implementation, application—1991 sp.s. c 30.

RCW 48.62.900
Effective date, implementation, application—1991 sp.s. c 30.
(1) This act shall take effect January 1, 1992, but the state risk manager shall take all steps necessary to implement this act on its effective date.
(2) Every individual local government self-insured employee health and welfare plan and self-insurance program that has been in continuous operation for at least one year before January 1, 1992, need not obtain approval to continue operations until January 1, 1993, but must comply with all other provisions of this act.
(3) Local government entity authority to self-insure employee health and welfare benefits applies retroactively to 1979.
[ 1991 sp.s. c 30 § 30.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.64 - Affordable Housing Entities—Joint Self-Insurance Programs. › 48.64.005 - Intent—Liberal construction.

RCW 48.64.005
Intent—Liberal construction.
This chapter is intended to provide authority for two or more affordable housing entities to participate in a joint self-insurance program covering property or liability risks. This chapter provides affordable housing entities with the exclusive source of authority to jointly self-insure property and liability risks, jointly purchase insurance or reinsurance, and to contract for risk management, claims, and administrative services with other affordable housing entities. This chapter must be liberally construed to grant affordable housing entities maximum flexibility in jointly self-insuring to the extent the self-insurance programs are operated in a safe and sound manner. This chapter is intended to require prior approval for the establishment of every joint self-insurance program. In addition, this chapter is intended to require every joint self-insurance program for affordable housing entities established under this chapter to notify the state of the existence of the program and to comply with the regulatory and statutory standards governing the management and operation of the programs as provided in this chapter. This chapter is not intended to authorize or regulate self-insurance of unemployment compensation under chapter 50.44 RCW or industrial insurance under chapter 51.14 RCW.
[ 2009 c 314 § 1.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.64 - Affordable Housing Entities—Joint Self-Insurance Programs. › 48.64.010 - Definitions.

RCW 48.64.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Affordable housing" means housing projects in which some of the dwelling units may be purchased or rented on a basis that is affordable to households with an income of eighty percent or less of the county median family income, adjusted for family size.
(2) "Affordable housing entity" means any of the following:
(a) A housing authority created under the laws of this state or another state and any agency or instrumentality of a housing authority including, but not limited to, a legal entity created to conduct a joint self-insurance program for housing authorities that is operating in accordance with chapter 48.62 RCW;
(b) A nonprofit corporation, whether organized under the laws of this state or another state, that is engaged in providing affordable housing and is necessary for the completion, management, or operation of a project because of its access to funding sources that are not available to a housing authority, as described in this section; or
(c) A general or limited partnership or limited liability company, whether organized under the laws of this state or another state, that is engaged in providing affordable housing as defined in this section. A partnership or limited liability company may only be considered an affordable housing entity if a housing authority or nonprofit corporation, as described in this subsection, satisfies any of the following conditions: (i) It has, or has the right to acquire, a financial or ownership interest in the partnership or limited liability company; (ii) it possesses the power to direct management or policies of the partnership or limited liability company; or (iii) it has entered into a contract to lease, manage, or operate the affordable housing owned by the partnership or limited liability company.
(3) "Property and liability risks" includes the risk of property damage or loss sustained by an affordable housing entity and the risk of claims arising from the tortious or negligent conduct or any error or omission of the entity, its officers, employees, agents, or volunteers as a result of which a claim may be made against the entity.
(4) "Self-insurance" means a formal program of advance funding and management of entity financial exposure to a risk of loss that is not transferred through the purchase of an insurance policy or contract.
(5) "State risk manager" means the risk manager of the office of risk management within the department of enterprise services.
[ 2011 1st sp.s. c 43 § 521; 2009 c 314 § 2.]
NOTES:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.64 - Affordable Housing Entities—Joint Self-Insurance Programs. › 48.64.020 - Rules necessary to implement multistate program—State risk manager.

RCW 48.64.020
Rules necessary to implement multistate program—State risk manager.
Prior to the approval of a multistate joint self-insurance program for affordable housing entities, the state risk manager shall adopt rules further clarifying the definitions of "affordable housing" and "affordable housing entity" as defined in RCW 48.64.010, and the conditions and limitations under which affordable housing entities may participate or be expelled from the joint self-insurance program.
[ 2009 c 314 § 3.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.64 - Affordable Housing Entities—Joint Self-Insurance Programs. › 48.64.040 - When chapter not applicable.

RCW 48.64.040
When chapter not applicable.
This chapter does not apply to an affordable housing entity that:
(1) Individually self-insures for property and liability risks; or
(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 captive insurer authorized in its state of domicile.
[ 2009 c 314 § 5.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.64 - Affordable Housing Entities—Joint Self-Insurance Programs. › 48.64.050 - Management and operation of programs—Rules adopted by state risk manager.

RCW 48.64.050
Management and operation of programs—Rules adopted by state risk manager.
The state risk manager shall adopt rules governing the management and operation of joint self-insurance programs for affordable housing entities that cover property or liability risks. All rules must be appropriate for the type of program and class of risk covered. The state risk manager's rules must include:
(1) Standards for the management, operation, and solvency of joint self-insurance programs, including the necessity and frequency of actuarial analyses and claims audits;
(2) Standards for claims management procedures;
(3) Standards for contracts between joint self-insurance programs and private businesses, including standards for contracts between third-party administrators and programs; and
(4) Standards that preclude housing authorities or other public entities participating in the joint self-insurance program from subsidizing, regardless of the form of subsidy, affordable housing entities that are not housing authorities or public entities. These standards do not apply to the consideration attributable to the ownership interest of a housing authority or public entity in a separate legal or administrative entity organized with respect to the program.
[ 2009 c 314 § 6.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.64 - Affordable Housing Entities—Joint Self-Insurance Programs. › 48.64.060 - Program approval required from state risk manager—Plan submission.

RCW 48.64.060
Program approval required from state risk manager—Plan submission.
Before the establishment of a joint self-insurance program covering property or liability risks by affordable housing entities, the entities must obtain the approval of the state risk manager. The entities proposing the creation of a joint self-insurance program requiring prior approval shall submit a plan of management and operation to the state risk manager that provides at least the following information:
(1) The risk or risks to be covered, including any coverage definitions, terms, conditions, and limitations;
(2) The amount and method of funding the covered risks, including the initial capital and proposed rates and projected premiums;
(3) The proposed claim reserving practices;
(4) The proposed purchase and maintenance of insurance or reinsurance in excess of the amounts retained by the joint self-insurance program;
(5) The legal form of the program including, but not limited to, any articles of incorporation, bylaws, charter, or trust agreement or other agreement among the participating entities;
(6) The agreements with participants in the program defining the responsibilities and benefits of each participant and management;
(7) The proposed accounting, depositing, and investment practices of the program;
(8) The proposed time when actuarial analysis will be first conducted and the frequency of future actuarial analysis;
(9) A designation of the individual to whom service of process must be forwarded by the state risk manager on behalf of the program;
(10) All contracts between the program and private persons providing risk management, claims, or other administrative services;
(11) A professional analysis of the feasibility of the creation and maintenance of the program;
(12) A legal determination of the potential federal and state tax liabilities of the program; and
(13) Any other information required by rule of the state risk manager that is necessary to determine the probable financial and management success of the program or that is necessary to determine compliance with this chapter.
[ 2009 c 314 § 7.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.64 - Affordable Housing Entities—Joint Self-Insurance Programs. › 48.64.070 - Multistate programs—Conditions and requirements for participation.

RCW 48.64.070
Multistate programs—Conditions and requirements for participation.
An affordable housing entity may participate in a joint self-insurance program covering property or liability risks with similar affordable housing entities from other states if the program satisfies the following requirements:
(1) An ownership interest in the program is limited to some or all of the affordable housing entities of this state and affordable housing entities of other states that are provided insurance by the program;
(2) The participating affordable housing entities of this state and other states shall elect a board of directors to manage the program, a majority of whom must be affiliated with one or more of the participating affordable housing entities;
(3) The program must provide coverage through the delivery to each participating affordable housing entity of one or more written policies affecting insurance of covered risks;
(4) The program must be financed, including the payment of premiums and the contribution of initial capital, in accordance with the plan of management and operation submitted to the state risk manager in accordance with this chapter;
(5) The financial statements of the program must be audited annually by the certified public accountants for the program, and these audited financial statements must be delivered to the state risk manager not more than one hundred twenty days after the end of each fiscal year of the program;
(6) The investments of the program must be initiated only with financial institutions or broker-dealers, or both, doing business in those states in which participating affordable housing entities are located, and these investments must be audited annually by the certified public accountants for the program;
(7) The treasurer of a multistate joint self-insurance program must be designated by resolution of the program and the treasurer must be located in the state of one of the participating entities;
(8) The participating affordable housing entities may have no contingent liabilities for covered claims, other than liabilities for unpaid premiums, if assets of the program are insufficient to cover the program's liabilities; and
(9) The program must obtain approval from the state risk manager in accordance with this chapter and must remain in compliance with this chapter, except if provided otherwise under this section.
[ 2009 c 314 § 8.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.64 - Affordable Housing Entities—Joint Self-Insurance Programs. › 48.64.090 - Program may designate treasurer—Bond.

RCW 48.64.090
Program may designate treasurer—Bond.
(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 conditions that the program finds will protect against loss arising from mismanagement or malfeasance in investing and managing program funds. The program may pay the premium on the bond.
(2) All interest and earnings collected on joint self-insurance program funds belong to the program and must be deposited to the program's credit in the proper program account.
[ 2009 c 314 § 10.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.64 - Affordable Housing Entities—Joint Self-Insurance Programs. › 48.64.100 - Employees or officials of a participating affordable housing entity—Restrictions on receiving anything of value.

RCW 48.64.100
Employees or officials of a participating affordable housing entity—Restrictions on receiving anything of value.
(1) An employee or official of a participating affordable housing entity 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 and benefits provided by his or her employer or the reimbursement of expenses reasonably incurred in furtherance of the operation or management of the program. An employee or official of a participating affordable housing entity in a joint self-insurance program may not accept or solicit anything of value for personal benefit or for the benefit of others under circumstances in which it can be reasonably inferred that the employee's or official's independence of judgment is impaired with respect to the management and operation of the program.
(2) RCW 48.30.140, 48.30.150, and 48.30.157 apply to the use of insurance producers by a joint self-insurance program.
[ 2009 c 314 § 11.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.64 - Affordable Housing Entities—Joint Self-Insurance Programs. › 48.64.110 - Programs are exempt from certain taxes and fees.

RCW 48.64.110
Programs are exempt from certain taxes and fees.
A joint self-insurance program approved in accordance with this chapter is exempt from insurance premium taxes, fees assessed under chapter 48.02 RCW, chapters 48.32 and 48.32A RCW, business and occupation taxes imposed under chapter 82.04 RCW, and any assigned risk plan or joint underwriting association otherwise required by law. This section does not apply to, and no exemption is provided for, insurance companies issuing policies to cover program risks, and does not apply to or provide an exemption for third-party administrators or insurance producers serving the joint self-insurance program.
[ 2009 c 314 § 12.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.64 - Affordable Housing Entities—Joint Self-Insurance Programs. › 48.64.120 - Investigation fee—Amount determined by state risk manager.

RCW 48.64.120
Investigation fee—Amount determined by state risk manager.
(1) The state risk manager shall establish and charge an investigation fee in an amount necessary to cover the costs for the initial review and approval of a joint self-insurance program. The fee must accompany the initial submission of the plan of operation and management.
(2) The costs of subsequent reviews and investigations must be charged to the joint self-insurance program being reviewed or investigated in accordance with the actual time and expenses incurred in the review or investigation.
(3) Any program failing to remit its assessment when due is subject to denial of permission to operate or to a cease and desist order until the assessment is paid.
[ 2009 c 314 § 13.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.64 - Affordable Housing Entities—Joint Self-Insurance Programs. › 48.64.130 - Immunity from liability in civil actions—Filing, furnishing, or using information.

RCW 48.64.130
Immunity from liability in civil actions—Filing, furnishing, or using information.
(1) Any person who files reports or furnishes other information required under this title, required by the state risk manager under the authority granted under this title, or which is useful to the state risk manager in the administration of this title, is immune from liability in any civil action or suit arising from the filing of any such report or furnishing such information to the state risk manager, unless actual malice, fraud, or bad faith is shown.
(2) The state risk manager and his or her agents and employees are immune from liability in any civil action or suit arising from the publication of any report or bulletins or arising from dissemination of information related to the official activities of the state risk manager unless actual malice, fraud, or bad faith is shown.
(3) The immunity granted under this section is in addition to any common law or statutory privilege or immunity enjoyed by such person. This section is not intended to abrogate or modify in any way such common law or statutory privilege or immunity.
[ 2010 c 8 § 11007; 2009 c 314 § 14.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.64 - Affordable Housing Entities—Joint Self-Insurance Programs. › 48.64.900 - Effective date—2009 c 314.

RCW 48.64.900
Effective date—2009 c 314.
This act takes effect January 1, 2010.
[ 2009 c 314 § 17.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.66 - Medicare Supplemental Health Insurance Act. › 48.66.010 - Short title—Intent—Application of chapter.

RCW 48.66.010
Short title—Intent—Application of chapter.
This chapter shall be known and may be cited as "The Medicare Supplemental Health Insurance Act" and is intended to govern the content and sale of medicare supplemental insurance as defined in this chapter. The provisions of this chapter shall apply in addition to, rather than in place of, other requirements of Title 48 RCW.
[ 1981 c 153 § 1.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.66 - Medicare Supplemental Health Insurance Act. › 48.66.025 - Restrictions on issuers—Age of applicants—Preexisting conditions.

RCW 48.66.025
Restrictions on issuers—Age of applicants—Preexisting conditions.
(1) An issuer may not deny or condition the issuance or effectiveness of any medicare supplement policy or certificate available for sale in this state, or discriminate in the pricing of a policy or certificate, because of the health status, claims experience, receipt of health care, or medical condition of an applicant in the case of an application for a policy or certificate that is submitted prior to or during the six-month period beginning with the first day of the first month in which an individual is both sixty-five years of age or older and is enrolled for benefits under medicare part B. Each medicare supplement policy and certificate currently available from an insurer must be made available to all applicants who qualify under this subsection without regard to age.
(2) If an applicant qualifies under this section and submits an application during the time period referenced in subsection (1) of this section and, as of the date of application, has had a continuous period of creditable coverage of at least three months, the issuer may not exclude benefits based on a preexisting condition.
(3) If an applicant qualified under this section submits an application during the time period referenced in subsection (1) of this section and, as of the date of application, has had a continuous period of creditable coverage that is less than three months, the issuer must reduce the period of any preexisting condition exclusion by the aggregate of the period of creditable coverage applicable to the applicant as of the enrollment date.
[ 2005 c 41 § 2.]
NOTES:
Intent—2005 c 41: "This act is intended to satisfy the directive from the centers for medicare and medicaid services requiring states to implement changes to their medicare supplement insurance requirements to comply with the standards prescribed by the medicare modernization act that are consistent with amendments to the national association of insurance commissioners medicare supplement insurance minimum standards model act along with other corrections to be compliant with federal requirements." [ 2005 c 41 § 1.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.66 - Medicare Supplemental Health Insurance Act. › 48.66.030 - Renewability—Benefit standards—Benefit limitations.

RCW 48.66.030
Renewability—Benefit standards—Benefit limitations.
(1) A medicare supplement insurance policy which provides for the payment of benefits may not be based on standards described as "usual and customary," "reasonable and customary," or words of similar import.
(2) Limitations on benefits, such as policy exclusions or waiting periods, shall be labeled in a separate section of the policy or placed with the benefit provisions to which they apply, rather than being included in other sections of the policy, rider, or endorsement.
[ 1992 c 138 § 2; 1981 c 153 § 3.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.66 - Medicare Supplemental Health Insurance Act. › 48.66.035 - Commissioner's approval required.

RCW 48.66.035
Commissioner's approval required.
(1) A medicare supplement insurance policy or certificate form or application form, rider, or endorsement shall not be issued, delivered, or used unless it has been filed with and approved by the commissioner.
(2) Rates, or modification of rates, for medicare supplement policies or certificates shall not be used until filed with and approved by the commissioner.
(3) Every filing shall be received not less than thirty days in advance of any such issuance, delivery, or use. At the expiration of such thirty days the form or rate so filed shall be deemed approved unless prior thereto it has been affirmatively approved or disapproved by order of the commissioner. The commissioner may extend by not more than an additional fifteen days the period within which he or she may affirmatively approve or disapprove any such form or rate, by giving notice of such extension before expiration of the initial thirty-day waiting period. At the expiration of any such period as so extended, and in the absence of such prior affirmative approval or disapproval, any such form or rate shall be deemed approved. A filing of a form or rate or modification thereto may not be deemed approved unless the filing contains all required documents prescribed by the commissioner. The commissioner may withdraw any such approval at any time for cause. By approval of any such form or rate for immediate use, the commissioner may waive any unexpired portion of such initial thirty-day waiting period.
(4) The commissioner's order disapproving any such form or rate or withdrawing a previous approval shall state the grounds therefor.
(5) A form or rate shall not knowingly be issued, delivered, or used if the commissioner's approval does not then exist.
[ 1992 c 138 § 3.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.66 - Medicare Supplemental Health Insurance Act. › 48.66.041 - Minimum standards required by rule—Waiver.

RCW 48.66.041
Minimum standards required by rule—Waiver.
(1) The insurance commissioner shall adopt rules to establish minimum standards for benefits in medicare supplement insurance policies and certificates.
(2) The commissioner shall adopt rules to establish specific standards for medicare supplement insurance policy or certificate provisions. These rules may include but are not limited to:
(a) Terms of renewability;
(b) Nonduplication of coverage;
(c) Benefit limitations, exceptions, and reductions;
(d) Definitions of terms;
(e) Requiring refunds or credits if the policies or certificates do not meet loss ratio requirements;
(f) Establishing uniform methodology for calculating and reporting loss ratios;
(g) Assuring public access to policies, premiums, and loss ratio information of an issuer of medicare supplement insurance;
(h) Establishing a process for approving or disapproving proposed premium increases; and
(i) Establishing standards for medicare SELECT policies and certificates.
(3) The insurance commissioner may adopt rules that establish disclosure standards for replacement of policies or certificates by persons eligible for medicare.
(4) The insurance commissioner may by rule prescribe that an informational brochure, designed to improve the buyer's understanding of medicare and ability to select the most appropriate coverage, be provided to persons eligible for medicare by reason of age. The commissioner may require that the brochure be provided to applicants concurrently with delivery of the outline of coverage, except with respect to direct response insurance, when the brochure may be provided upon request but no later than the delivery of the policy.
(5) In the case of a state or federally qualified health maintenance organization, the commissioner may waive compliance with one or all provisions of this section until January 1, 1983.
[ 1993 c 388 § 1; 1992 c 138 § 4; 1982 c 200 § 1.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.66 - Medicare Supplemental Health Insurance Act. › 48.66.050 - Policy or certificate provisions prohibited by rule—Waivers restricted.

RCW 48.66.050
Policy or certificate provisions prohibited by rule—Waivers restricted.
(1) The insurance commissioner may issue reasonable rules that specify prohibited policy provisions not otherwise specifically authorized by statute which, in the opinion of the commissioner, are unfair, unjust, or unfairly discriminatory to any person insured or proposed to be insured under a medicare supplement insurance policy or certificate.
(2) No medicare supplement insurance policy may use waivers to exclude, limit, or reduce coverage or benefits for specifically named or described preexisting diseases or physical conditions.
[ 1992 c 138 § 5; 1981 c 153 § 5.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.66 - Medicare Supplemental Health Insurance Act. › 48.66.057 - Rejection of medicare eligible person—When notice and information must be provided to applicant.

RCW 48.66.057
Rejection of medicare eligible person—When notice and information must be provided to applicant.
Any medicare eligible person who is rejected for medical reasons, is required to accept restrictive riders, an up-rated premium, or preexisting conditions limitations, the effect of which is to substantially reduce coverage from that received by a person considered a standard risk by at least one member as defined in RCW 48.41.030(14) shall be provided written notice from the issuer of medicare supplement coverage to whom application was made of the decision not to accept the person's application for enrollment, or to require such restrictions. The notice shall further state that the person is eligible for medicare part C coverage offered in the person's geographic area or coverage provided by the Washington state health insurance pool for Washington residents, and shall include information about medicare part C plans offered in the person's geographic area, about the Washington state health insurance pool, and about available resources to assist the person in choosing appropriate coverage.
[ 2009 c 555 § 1.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.66 - Medicare Supplemental Health Insurance Act. › 48.66.060 - Equal coverage of sickness and accidents.

RCW 48.66.060
Equal coverage of sickness and accidents.
A medicare supplement insurance policy may not indemnify against losses resulting from sickness on a different basis than losses resulting from accidents.
[ 1981 c 153 § 6.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.66 - Medicare Supplemental Health Insurance Act. › 48.66.070 - Adjustment of benefits and premiums for medicare cost-sharing.

RCW 48.66.070
Adjustment of benefits and premiums for medicare cost-sharing.
A medicare supplement insurance policy must provide that benefits designed to cover cost-sharing amounts under medicare will be changed automatically to coincide with any changes in the applicable medicare deductible amount and copayment percentage factors. Premiums may be modified to correspond with such changes.
[ 1981 c 153 § 7.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.66 - Medicare Supplemental Health Insurance Act. › 48.66.080 - "Benefit period"—"Medicare benefit period"—Minimum requirements.

RCW 48.66.080
"Benefit period"—"Medicare benefit period"—Minimum requirements.
"Benefit period" or "medicare benefit period" may not be defined more restrictively than as defined in the medicare program.
[ 1981 c 153 § 8.]