reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.01 - Initial Provisions. › 48.01.190 - Immunity from civil liability.

RCW 48.01.190
Immunity from civil liability.
(1) Any person who files reports, or furnishes other information, required under Title 48 RCW, required by the commissioner under authority granted by Title 48 RCW, useful to the commissioner in the administration of Title 48 RCW, or furnished to the National Association of Insurance Commissioners at the request of the commissioner or pursuant to 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 commissioner or the National Association of Insurance Commissioners, unless actual malice, fraud, or bad faith is shown.
(2) The commissioner and the National Association of Insurance Commissioners, 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 bulletin or dissemination of information related to the official activities of the commissioner or the National Association of Insurance Commissioners, unless actual malice, fraud, or bad faith is shown.
(3) Any licensee under chapter 48.17 RCW and any trade association of the licensees under chapter 48.15 RCW, and any officer, director, employee, agent, or committee of the licensee or association who furnishes information to or for the commissioner or to or for the association regarding unauthorized insurers or regarding attempts by any person to place or actual placement by any person of business with the insurers, whether in compliance with chapter 48.15 RCW or not, shall be immune from each and every kind of liability in any civil action or suit arising in whole or in part from the information or from the furnishing of the information.
(4) 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.
[ 1995 c 10 § 1; 1987 c 51 § 1.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.01 - Initial Provisions. › 48.01.220 - Behavioral health administrative services organizations—Exemption.

RCW 48.01.220
Behavioral health administrative services organizations—Exemption.
The activities and operations of behavioral health administrative services organizations, as defined in RCW 71.24.025, are exempt from the requirements of this title.
[ 2019 c 325 § 5017; 2014 c 225 § 69; 1993 c 462 § 104.]
NOTES:
Effective date—2019 c 325: See note following RCW 71.24.011.
Effective date—2014 c 225: See note following RCW 71.24.016.
Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.01 - Initial Provisions. › 48.01.230 - Eligibility for coverage or making payments may not be contingent on eligibility for medical assistance.

RCW 48.01.230
Eligibility for coverage or making payments may not be contingent on eligibility for medical assistance.
An issuer and an employee welfare benefit plan, whether insured or self funded, as defined in the employee retirement income security act of 1974, 29 U.S.C. Sec. 1101 et seq. may not consider the availability of eligibility for medical assistance in this state under medical assistance, RCW 74.09.500, or any other state under 42 U.S.C. Sec. 1396a, section 1902 of the social security act, in considering eligibility for coverage or making payments under its plan for eligible enrollees, subscribers, policyholders, or certificate holders.
[ 1995 c 34 § 2.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.01 - Initial Provisions. › 48.01.250 - Assistance or services in exchange for dues, assessments, or periodic or lump sum payments—Certificate of authority required—Certain travel or automobile services excepted—Violations.

RCW 48.01.250
Assistance or services in exchange for dues, assessments, or periodic or lump sum payments—Certificate of authority required—Certain travel or automobile services excepted—Violations.
(1) Any person, firm, partnership, corporation, or association promising, in exchange for dues, assessments, or periodic or lump sum payments, to furnish members or subscribers with assistance in matters relating to trip cancellation, bail bond service or any accident, sickness, or death insurance benefit program must:
(a) Have a certificate of authority, issued by the insurance commissioner, authorizing the person, firm, partnership, corporation, or association to sell that coverage in this state; or
(b) Purchase the service or insurance from a company that holds a certificate of authority, issued by the insurance commissioner, authorizing the company to sell that coverage in this state. If coverage cannot be procured from an authorized insurer holding a certificate of authority issued by the insurance commissioner, insurance may be procured from an unauthorized insurer subject to chapter 48.15 RCW.
(2) Travel or automobile related products or assistance including but not limited to community traffic safety service, travel and touring service, theft or reward service, map service, towing service, emergency road service, lockout or lost key service, reimbursement of emergency expenses due to a vehicle disabling accident, or legal fee reimbursement service in the defense of traffic offenses shall not be considered to be insurance for the purposes of Title 48 RCW.
(3) Violation of this section is subject to the enforcement provisions of RCW 48.02.080 and to the hearing and appeal provisions of chapter 48.04 RCW.
[ 1998 c 303 § 1.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.01 - Initial Provisions. › 48.01.260 - Health benefit plans—Carriers—Clarification.

RCW 48.01.260
Health benefit plans—Carriers—Clarification.
(1) Except as required in RCW 48.21.045, 48.44.023, and 48.46.066, nothing in this title shall be construed to require a carrier, as defined in RCW 48.43.005, to offer any health benefit plan for sale.
(2) Nothing in this title shall prohibit a carrier as defined in RCW 48.43.005 from ceasing sale of any or all health benefit plans to new applicants if the closed plans are closed to all new applicants.
(3) This section is intended to clarify, and not modify, existing law.
[ 2000 c 79 § 40.]
NOTES:
Effective date—Severability—2000 c 79: See notes following RCW 48.04.010.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.01 - Initial Provisions. › 48.01.270 - PACE programs—Exemption.

RCW 48.01.270
PACE programs—Exemption.
The activities and operations of PACE programs, as defined in RCW 74.09.523 and as authorized under sections 1894, 1905(a), and 1934 of the social security act, when registered, certified, licensed, or otherwise recognized or designated as a PACE program by the Washington state department of social and health services, are exempt from the requirements of this title.
[ 2001 c 191 § 3.]
NOTES:
Finding—Effective date—2001 c 191: See notes following RCW 74.09.523.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.02 - Insurance Commissioner. › 48.02.010 - Insurance commissioner.

RCW 48.02.010
Insurance commissioner.
(1) There shall be an insurance commissioner of this state who shall be elected at the time and in the manner that other state officers are elected.
(2) The commissioner in office at the effective date of this code shall continue in office for the remainder of the term for which he or she was elected and until his or her successor is duly elected and qualified.
(3) "Commissioner," where used in this code, means the insurance commissioner of this state.
[ 2009 c 549 § 7001; 1947 c 79 § .02.01; Rem. Supp. 1947 § 45.02.01.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.02 - Insurance Commissioner. › 48.02.020 - Term of office.

RCW 48.02.020
Term of office.
The term of office of the commissioner shall be four years, commencing on the Wednesday after the second Monday in January after his or her election.
[ 2009 c 549 § 7002; 1947 c 79 § .02.02; Rem. Supp. 1947 § 45.02.02.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.02 - Insurance Commissioner. › 48.02.030 - Bond.

RCW 48.02.030
Bond.
Before entering upon his or her duties the commissioner shall execute a bond to the state in the sum of twenty-five thousand dollars, to be approved by the state treasurer and the attorney general, conditioned upon the faithful performance of the duties of his or her office.
[ 2009 c 549 § 7003; 1947 c 79 § .02.03; Rem. Supp. 1947 § 45.02.03.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.02 - Insurance Commissioner. › 48.02.050 - Seal.

RCW 48.02.050
Seal.
The official seal of the commissioner shall be a vignette of George Washington, with the words "Insurance Commissioner, State of Washington" surrounding the vignette.
[1947 c 79 § .02.05; Rem. Supp. 1947 § 45.02.05.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.02 - Insurance Commissioner. › 48.02.060 - General powers and duties—State of emergency.

RCW 48.02.060
General powers and duties—State of emergency.
(1) The commissioner has the authority expressly conferred upon him or her by or reasonably implied from the provisions of this code.
(2) The commissioner must execute his or her duties and must enforce the provisions of this code.
(3) The commissioner may:
(a) Make reasonable rules for effectuating any provision of this code, except those relating to his or her election, qualifications, or compensation. Rules are not effective prior to their being filed for public inspection in the commissioner's office.
(b) Conduct investigations to determine whether any person has violated any provision of this code.
(c) Conduct examinations, investigations, hearings, in addition to those specifically provided for, useful and proper for the efficient administration of any provision of this code.
(4) When the governor proclaims a state of emergency under RCW 43.06.010(12), the commissioner may issue an order that addresses any or all of the following matters related to insurance policies issued in this state:
(a) Reporting requirements for claims;
(b) Grace periods for payment of insurance premiums and performance of other duties by insureds;
(c) Temporary postponement of cancellations and nonrenewals; and
(d) Medical coverage to ensure access to care.
(5) An order by the commissioner under subsection (4) of this section may remain effective for not more than sixty days unless the commissioner extends the termination date for the order for an additional period of not more than thirty days. The commissioner may extend the order if, in the commissioner's judgment, the circumstances warrant an extension. An order of the commissioner under subsection (4) of this section is not effective after the related state of emergency is terminated by proclamation of the governor under RCW 43.06.210. The order must specify, by line of insurance:
(a) The geographic areas in which the order applies, which must be within but may be less extensive than the geographic area specified in the governor's proclamation of a state of emergency and must be specific according to an appropriate means of delineation, such as the United States postal service zip codes or other appropriate means; and
(b) The date on which the order becomes effective and the date on which the order terminates.
(6) The commissioner may adopt rules that establish general criteria for orders issued under subsection (4) of this section and may adopt emergency rules applicable to a specific proclamation of a state of emergency by the governor.
(7) The rule-making authority set forth in subsection (6) of this section does not limit or affect the rule-making authority otherwise granted to the commissioner by law.
[ 2010 c 27 § 1; 2009 c 335 § 1; 1947 c 79 § .02.06; Rem. Supp. 1947 § 45.02.06.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.02 - Insurance Commissioner. › 48.02.062 - Mental health services—Rules.

RCW 48.02.062
Mental health services—Rules.
The insurance commissioner may adopt rules to implement RCW 48.21.241, 48.44.341, and 48.46.291, except that the rules do not apply to health benefit plans administered or operated under chapter 41.05 or 70.47 RCW.
[ 2005 c 6 § 10.]
NOTES:
Findings—Intent—Severability—2005 c 6: See notes following RCW 41.05.600.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.02 - Insurance Commissioner. › 48.02.080 - Enforcement.

RCW 48.02.080
Enforcement.
(1) The commissioner may prosecute an action in any court of competent jurisdiction to enforce any order made by him or her pursuant to any provision of this code.
(2) If the commissioner has cause to believe that any person has violated any penal provision of this code or of other laws relating to insurance he or she shall certify the facts of the violation to the public prosecutor of the jurisdiction in which the offense was committed.
(3) If the commissioner has cause to believe that any person is violating or is about to violate any provision of this code or any regulation or order of the commissioner, he or she may:
(a) issue a cease and desist order; and/or
(b) bring an action in any court of competent jurisdiction to enjoin the person from continuing the violation or doing any action in furtherance thereof.
(4) The attorney general and the several prosecuting attorneys throughout the state shall prosecute or defend all proceedings brought pursuant to the provisions of this code when requested by the commissioner.
[ 2009 c 549 § 7005; 1967 c 150 § 1; 1947 c 79 § .02.08; Rem. Supp. 1947 § 45.02.08.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.02 - Insurance Commissioner. › 48.02.090 - Deputies—Employees.

RCW 48.02.090
Deputies—Employees.
(1) The commissioner may appoint a chief deputy commissioner, who shall have power to perform any act or duty conferred upon the commissioner. The chief deputy commissioner shall take and subscribe the same oath of office as the commissioner, which oath shall be endorsed upon the certificate of his or her appointment and filed in the office of the secretary of state.
(2) The commissioner may appoint additional deputy commissioners for such purposes as he or she may designate.
(3) The commissioner shall be responsible for the official acts of his or her deputies, and may revoke at will the appointment of any deputy.
(4) The commissioner may employ examiners, and such actuarial, technical, and administrative assistants and clerks as he or she may need for proper discharge of his or her duties.
(5) The commissioner, or any deputy or employee of the commissioner, shall not be interested, directly or indirectly, in any insurer except as a policyholder; except, that as to such matters wherein a conflict of interests does not exist on the part of any such person, the commissioner may employ insurance actuaries or other technicians who are independently practicing their professions even though such persons are similarly employed by insurers.
(6) The commissioner may require any deputy or employee to be bonded as he or she shall deem proper but not to exceed in amount the sum of twenty-five thousand dollars. The cost of any such bond shall be borne by the state.
[ 2009 c 549 § 7006; 1949 c 190 § 1; 1947 c 79 § .02.09; Rem. Supp. 1949 § 45.02.09.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.02 - Insurance Commissioner. › 48.02.093 - Health care authority ombuds—Retirees—Volunteer position.

RCW 48.02.093
Health care authority ombuds—Retirees—Volunteer position.
There is established, within the office of the insurance commissioner, the volunteer position of health care authority ombuds to assist retirees enrolled in the public employees' benefits board program. The volunteer position shall be trained as part of the existing volunteer training provided to the statewide health insurance benefit advisors. The position shall help retirees with questions and concerns, assist the public employees' benefits board program with identification of retiree concerns, and maintain access to updated program information.
[ 2013 c 23 § 101; 2012 c 150 § 1.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.02 - Insurance Commissioner. › 48.02.100 - Commissioner may delegate authority.

RCW 48.02.100
Commissioner may delegate authority.
Any power or duty vested in the commissioner by any provision of this code may be exercised or discharged by any deputy, assistant, examiner, or employee of the commissioner acting in his or her name and by his or her authority.
[ 2009 c 549 § 7007; 1947 c 79 § .02.10; Rem. Supp. 1947 § 45.02.10.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.02 - Insurance Commissioner. › 48.02.110 - Office.

RCW 48.02.110
Office.
The commissioner shall have an office at the state capital, and may maintain such offices elsewhere in this state as he or she may deem necessary.
[ 2009 c 549 § 7008; 1947 c 79 § .02.11; Rem. Supp. 1947 § 45.02.11.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.02 - Insurance Commissioner. › 48.02.120 - Records—Public inspection.

RCW 48.02.120
Records—Public inspection.
(1) The commissioner shall preserve in permanent form records of his or her proceedings, hearings, investigations, and examinations, and shall file such records in his or her office.
(2) The records of the commissioner and insurance filings in his or her office shall be open to public inspection, except as otherwise provided by RCW 48.200.040 and 48.43.731 and this code.
(3) Except as provided in subsection (4) of this section, actuarial formulas, statistics, and assumptions submitted in support of a rate or form filing by an insurer, health care service contractor, or health maintenance organization or submitted to the commissioner upon his or her request shall be withheld from public inspection in order to preserve trade secrets or prevent unfair competition.
(4) For individual and small group health benefit plan rate filings submitted on or after July 1, 2011, subsection (3) of this section applies only to the numeric values of each small group rating factor used by a health carrier as authorized by RCW 48.21.045(3)(a), 48.44.023(3)(a), and 48.46.066(3)(a). Subsection (3) of this section may continue to apply for a period of one year from the date a new individual or small group product filing is submitted or until the next rate filing for the product, whichever occurs earlier, if the commissioner determines that the proposed rate filing is for a new product that is distinct and unique from any of the carrier's currently or previously offered health benefit plans. Carriers must make a written request for a product classification as a new product under this subsection and must receive subsequent written approval by the commissioner for this subsection to apply.
(5) Unless the commissioner has determined that a filing is for a new product pursuant to subsection (4) of this section, for all individual or small group health benefit rate filings submitted on or after July 1, 2011, the health carrier must submit part I rate increase summary and part II written explanation of the rate increase as set forth by the department of health and human services at the time of filing, and the commissioner must:
(a) Make each filing and the part I rate increase summary and part II written explanation of the rate increase available for public inspection on the tenth calendar day after the commissioner determines that the rate filing is complete and accepts the filing for review through the electronic rate and form filing system; and
(b) Prepare a standardized rate summary form, to explain his or her findings after the rate review process is completed. The commissioner's summary form must be included as part of the rate filing documentation and available to the public electronically.
[ 2020 c 240 § 7; 2011 c 312 § 1; 1985 c 264 § 2; 1979 ex.s. c 130 § 1; 1947 c 79 § .02.12; Rem. Supp. 1947 § 45.02.12.]
NOTES:
Rule making—Effective date—2020 c 240: See RCW 48.200.900 and 48.200.901.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.02 - Insurance Commissioner. › 48.02.122 - Filings or actions affecting corporate or company name—Notice to secretary of state.

RCW 48.02.122
Filings or actions affecting corporate or company name—Notice to secretary of state.
Whenever any documents are filed with the insurance commissioner which affect a corporate or company name, the insurance commissioner shall immediately notify the secretary of state of the filing. If any other action is taken by the insurance commissioner which affects a corporate or company name, the insurance commissioner shall immediately notify the secretary of state of the action. The insurance commissioner shall cooperate with the secretary of state to ascertain that there is no duplication of corporate or company names.
[ 1998 c 23 § 19.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.02 - Insurance Commissioner. › 48.02.130 - Certificates—Copies—Evidentiary effect.

RCW 48.02.130
Certificates—Copies—Evidentiary effect.
(1) Any certificate or license issued by the commissioner shall bear the seal of his or her office.
(2) Copies of records or documents in his or her office certified to by the commissioner shall be received as evidence in all courts in the same manner and to the same effect as if they were the originals.
(3) When required for evidence in court, the commissioner shall furnish his or her certificate as to the authority of an insurer or other licensee in this state on any particular date, and the court shall receive the certificate in lieu of the commissioner's testimony.
[ 2009 c 549 § 7009; 1947 c 79 § .02.13; Rem. Supp. 1947 § 45.02.13.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.02 - Insurance Commissioner. › 48.02.140 - Interstate cooperation.

RCW 48.02.140
Interstate cooperation.
(1) The commissioner shall to the extent he or she deems useful for the proper discharge of his or her responsibilities under the provisions of this code:
(a) Consult and cooperate with the public officials having supervision over insurance in other states.
(b) Share jointly with other states in the employment of actuaries, statisticians, and other insurance technicians whose services or the products thereof are made available and are useful to the participating states and to the commissioner.
(c) Share jointly with other states in establishing and maintaining offices and clerical facilities for purposes useful to the participating states and to the commissioner.
(2) All arrangements made jointly with other states under items (b) and (c) of subsection (1) of this section shall be in writing executed on behalf of this state by the commissioner. Any such arrangement, as to participation of this state therein, shall be subject to termination by the commissioner at any time upon reasonable notice.
(3) For the purposes of this code "National Association of Insurance Commissioners" means that voluntary organization of the public officials having supervision of insurance in the respective states, districts, and territories of the United States, whatever other name such organization may hereafter adopt, and in the affairs of which each of such public officials is entitled to participate subject to the constitution and bylaws of such organization.
[ 2009 c 549 § 7010; 1947 c 79 § .02.14; Rem. Supp. 1947 § 45.02.14.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.02 - Insurance Commissioner. › 48.02.150 - Supplies.

RCW 48.02.150
Supplies.
The commissioner must purchase at the expense of the state, and in the manner provided by law, printing, books, reports, furniture, equipment, and supplies as he or she deems necessary to the proper discharge of his or her duties under this code.
[ 2011 c 47 § 2; 2009 c 549 § 7011; 1947 c 79 § .02.15; Rem. Supp. 1947 § 45.02.15.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.02 - Insurance Commissioner. › 48.02.160 - Special duties.

RCW 48.02.160
Special duties.
The commissioner shall:
(1) Obtain and publish for the use of courts and appraisers throughout the state, tables showing the average expectancy of life and values of annuities and of life and term estates.
(2) Disseminate information concerning the insurance laws of this state.
(3) Provide assistance to members of the public in obtaining information about insurance products and in resolving complaints involving insurers and other licensees.
[ 1988 c 248 § 1; 1947 c 79 § .02.16; Rem. Supp. 1947 § 45.02.16.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.02 - Insurance Commissioner. › 48.02.170 - Annual report.

RCW 48.02.170
Annual report.
The commissioner shall, as soon as accurate preparation enables, prepare a report of his or her official transactions during the preceding fiscal year, containing information relative to insurance as the commissioner deems proper.
[ 2009 c 549 § 7012; 1987 c 505 § 53; 1977 c 75 § 69; 1947 c 79 § .02.17; Rem. Supp. 1947 § 45.02.17.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.02 - Insurance Commissioner. › 48.02.180 - Publication of insurance code and related statutes, manuals, etc.—Distribution—Sale.

RCW 48.02.180
Publication of insurance code and related statutes, manuals, etc.—Distribution—Sale.
(1) The commissioner may periodically prepare and publish:
(a) Title 48 RCW, Title 284 WAC, insurance bulletins and technical assistance advisories, and other laws, rules, or regulations relevant to the regulation of insurance;
(b) Manuals and other material relating to examinations for licensure; and
(c) Any other publications authorized under Title 48 RCW.
(2) The commissioner may provide copies of the publications referred to in subsection (1)(a) of this section free of charge to:
(a) Public offices and officers in this state;
(b) Public officials of other states and jurisdictions that regulate insurance;
(c) The library of congress; and
(d) Officers of the armed forces of the United States of America located at military installations in this state who are concerned with insurance transactions at or involving the military installations.
(3) Except as provided in subsection (2) of this section, the commissioner shall sell the publications referred to in subsection (1) of this section. The commissioner may charge a reasonable price that is not less than the cost of publication, handling, and distribution. The commissioner shall promptly deposit all funds received under this subsection with the state treasurer to the credit of the insurance commissioner's regulatory account. For appropriation purposes, the funds received and deposited by the commissioner are a recovery of a previous expenditure.
[ 2005 c 223 § 1; 1981 c 339 § 1; 1977 c 75 § 70; 1959 c 225 § 1.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.02 - Insurance Commissioner. › 48.02.200 - When legal process against a person is served on the commission.

RCW 48.02.200
When legal process against a person is served on the commission.
(1) Legal process against a person (a) for whom the commissioner has been appointed attorney for service of process, or (b) who may be served by service of process upon the commissioner, must be served upon the commissioner either by a person competent to serve a summons or by registered mail. At the time of service, the plaintiff must pay to the commissioner ten dollars, taxable as costs in the action.
(2) As soon as practicable, the commissioner must send or make available a copy of the process to the person on whose behalf he or she has been served by mail, electronic means, or other means reasonably calculated to give notice. The copy must be sent or made available in a manner that is secure and with a receipt that is verifiable.
(3) The commissioner must keep a record of the day and hour of service upon him or her of all legal process.
(4) Proceedings must not be had against the person, and the person must not be required to appear, plead, or answer until the expiration of forty days after the date of service upon the commissioner.
(5) The commissioner may adopt rules to implement this section.
[ 2010 c 18 § 5.]
NOTES:
Effective date—2010 c 18: See note following RCW 48.15.070.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.02 - Insurance Commissioner. › 48.02.220 - Health care benefit managers—Registration—Enforcement authority—Rules.

RCW 48.02.220
Health care benefit managers—Registration—Enforcement authority—Rules.
(1) The commissioner shall accept registration of health care benefit managers as established in RCW 48.200.030 and receipts shall be deposited in the insurance commissioner's regulatory account.
(2) The commissioner shall have enforcement authority over chapter 48.200 RCW consistent with requirements established in RCW 48.200.290.
(3) The commissioner may adopt rules to implement chapter 48.200 RCW and to establish registration and renewal fees that ensure the registration, renewal, and oversight activities are self-supporting.
[ 2020 c 240 § 8; 2016 c 210 § 5.]
NOTES:
Rule making—Effective date—2020 c 240: See RCW 48.200.900 and 48.200.901.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.02 - Insurance Commissioner. › 48.02.250 - Living organ donors—Discrimination prohibited.

RCW 48.02.250
Living organ donors—Discrimination prohibited.
(1) Notwithstanding any other provision of law, all insurers, fraternal benefit societies, health carriers including disability insurers, health maintenance organizations, and health care service contractors, and limited health care service contractors may not:
(a) Decline or limit coverage of a person under a policy or contract solely due to the status of the person as a living organ donor;
(b) Preclude a person from donating all or part of an organ as a condition of receiving or continuing to receive a policy or contract; or
(c) Otherwise discriminate in the offering, issuance, cancellation, amount of coverage, price, or any other condition of a policy or contract for a person based solely and without any additional actuarial risks upon the status of the person as a living organ donor. Except as provided in RCW 48.43.0128, 48.44.220, or 48.46.370, this subsection does not prohibit fair discrimination on the basis of sex, or marital status, or the presence of any sensory, mental, or physical handicap when bona fide statistical differences in risk or exposure have been substantiated.
(2) The commissioner shall make educational materials available to the health plans and the public on the access of living organ donors to insurance.
(3) The commissioner may adopt rules to implement this section.
(4) For purposes of this section, "living organ donor" means an individual who has donated all or part of an organ and is not deceased.
[ 2021 c 172 § 1.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.02 - Insurance Commissioner. › 48.02.260 - Petitions for removal related to email-based violations.

RCW 48.02.260
Petitions for removal related to email-based violations.
(1) The commissioner shall develop and implement a process for an affected licensee to petition the commissioner for the removal of any disciplinary investigations and orders on the affected licensee's public disciplinary record related solely to an email-based violation of RCW 48.15.103 or 48.17.475 as those sections existed prior to July 1, 2023. An affected licensee who petitions the commissioner shall provide documentation demonstrating that the disciplinary investigations and orders on the affected licensee's record were solely the result of an email-based violation of RCW 48.15.103 or 48.17.475 as those sections existed prior to July 1, 2023. Upon receipt of a petition with appropriate documentation, the commissioner shall immediately:
(a) Remove any related disciplinary investigations and orders from the affected licensee's public disciplinary record;
(b) Send a notice to the national insurance producer registry that the commissioner erroneously took administrative action against the affected licensee and request that the national insurance producer registry expunge any related record of the administrative action from the affected licensee's history; and
(c) Send to the affected licensee, by certified mail, a copy of the commissioner's notice to the national insurance producer registry.
(2) The commissioner shall identify the amount of money collected as fines from each affected licensee solely for email-based violations of RCW 48.15.103 or 48.17.475 as those sections existed prior to July 1, 2023, and, as soon as practicable, refund such money to each affected licensee from the existing operating budget for the commissioner's office.
(3) As used in this section:
(a) "Affected licensee" means any licensee regulated by the commissioner who was penalized by the commissioner solely for an email-based violation of RCW 48.15.103 or 48.17.475 as those sections existed prior to July 1, 2023.
(b) "Email-based violation" means a violation solely of RCW 48.15.103 or 48.17.475, as those sections existed prior to July 1, 2023, resulting from an affected licensee's failure to provide a timely response to an inquiry of the commissioner where such inquiry was only sent to the affected licensee by email. A violation of RCW 48.17.475 or 48.15.103 that is connected to a different violation of any insurance laws or rules is not an email-based violation subject to this section.
[ 2023 c 27 § 5.]
NOTES:
Effective date—2023 c 27: See note following RCW 48.17.170.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.03 - Examinations. › 48.03.020 - Examination of producers, surplus line brokers, adjusters, title insurance agents, managers, or promoters.

RCW 48.03.020
Examination of producers, surplus line brokers, adjusters, title insurance agents, managers, or promoters.
For the purpose of ascertaining its condition, or compliance with this code, the commissioner may as often as he or she deems advisable examine the accounts, records, documents, and transactions of:
(1) Any insurance producer, surplus line broker, adjuster, or title insurance agent.
(2) Any person having a contract under which he or she enjoys in fact the exclusive or dominant right to manage or control a stock or mutual insurer.
(3) Any person holding the shares of capital stock or policyholder proxies of a domestic insurer for the purpose of control of its management either as voting trustee or otherwise.
(4) Any person engaged in or proposing to be engaged in or assisting in the promotion or formation of a domestic insurer, or an insurance holding corporation, or a stock corporation to finance a domestic mutual insurer or the production of its business, or a corporation to be attorney-in-fact for a domestic reciprocal insurer.
[ 2009 c 162 § 1; 2008 c 217 § 1; 1947 c 79 § .03.02; Rem. Supp. 1947 § 45.03.02.]
NOTES:
Effective date—2009 c 162: "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 takes effect July 1, 2009." [ 2009 c 162 § 36.]
Severability—2008 c 217: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2008 c 217 § 101.]
Effective date—2008 c 217: "This act takes effect July 1, 2009." [ 2008 c 217 § 102.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.03 - Examinations. › 48.03.025 - Examiners—Scope of examination—Examiners' handbook.

RCW 48.03.025
Examiners—Scope of examination—Examiners' handbook.
Upon determining that an examination should be conducted, the commissioner or the commissioner's designee shall appoint one or more examiners to perform the examination and instruct them as to the scope of the examination. In conducting the examination, the examiner shall observe those guidelines and procedures set forth in the examiners' handbook adopted by the National Association of Insurance Commissioners. The commissioner may also employ such other guidelines or procedures as the commissioner may deem appropriate.
[ 1993 c 462 § 44.]
NOTES:
Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.03 - Examinations. › 48.03.030 - Access to records on examination—Correction of accounts.

RCW 48.03.030
Access to records on examination—Correction of accounts.
(1) Every person being examined, its officers, employees, and representatives shall produce and make freely accessible to the commissioner the accounts, records, documents, and files in his or her possession or control relating to the subject of the examination, and shall otherwise facilitate the examination.
(2) If the commissioner finds the accounts to be inadequate, or improperly kept or posted, he or she may employ experts to rewrite, post or balance them at the expense of the person being examined.
[ 2009 c 549 § 7013; 1947 c 79 § .03.03; Rem. Supp. 1947 § 45.03.03.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.03 - Examinations. › 48.03.050 - Reports withheld.

RCW 48.03.050
Reports withheld.
The commissioner may withhold from public inspection any examination or investigation report for so long as he or she deems it advisable, subject to RCW 48.32.080.
[ 1993 c 462 § 46; 1947 c 79 § .03.05; Rem. Supp. 1947 § 45.03.05.]
NOTES:
Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.03 - Examinations. › 48.03.065 - Appointments by commissioner—Examiners—Exceptions.

RCW 48.03.065
Appointments by commissioner—Examiners—Exceptions.
(1) No examiner may be appointed by the commissioner if the examiner, either directly or indirectly, has a conflict of interest or is affiliated with the management of or owns a pecuniary interest in a person subject to examination under this chapter. This section does not automatically preclude an examiner from being:
(a) A policyholder or claimant under an insurance policy;
(b) A grantor of a mortgage or similar instrument on the examiner's residence to a regulated entity if done under customary terms and in the ordinary course of business;
(c) An investment owner in shares of regulated diversified investment companies; or
(d) A settlor or beneficiary of a blind trust into which any otherwise impermissible holdings have been placed.
(2) Notwithstanding the requirements of subsection (1) of this section, the commissioner may retain from time to time, on an individual basis, qualified actuaries, certified public accountants, or other similar individuals who are independently practicing their professions, even though those persons may from time to time be similarly employed or retained by persons subject to examination under this chapter.
[ 1993 c 462 § 48.]
NOTES:
Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.03 - Examinations. › 48.03.070 - Witnesses—Subpoenas—Depositions—Oaths.

RCW 48.03.070
Witnesses—Subpoenas—Depositions—Oaths.
(1) The commissioner may take depositions, may subpoena witnesses or documentary evidence, administer oaths, and examine under oath any individual relative to the affairs of any person being examined, or relative to the subject of any hearing or investigation: PROVIDED, That the provisions of RCW 34.05.446 shall apply in lieu of the provisions of this section as to subpoenas relative to hearings in rule-making and adjudicative proceedings.
(2) The subpoena shall be effective if served within the state of Washington and shall be served in the same manner as if issued from a court of record.
(3) Witness fees and mileage, if claimed, shall be allowed the same as for testimony in a court of record. Witness fees, mileage, and the actual expense necessarily incurred in securing attendance of witnesses and their testimony shall be itemized, and shall be paid by the person as to whom the examination is being made, or by the person if other than the commissioner, at whose request the hearing is held.
(4) Enforcement of subpoenas shall be in accord with RCW 34.05.588.
[ 1989 c 175 § 112; 1967 c 237 § 15; 1963 c 195 § 1; 1949 c 190 § 2; 1947 c 79 § .03.07; Rem. Supp. 1949 § 45.03.07.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.03 - Examinations. › 48.03.075 - Legal protection for commissioner, authorized representatives, and examiners—Good faith—Attorneys' fees—Payment by commissioner.

RCW 48.03.075
Legal protection for commissioner, authorized representatives, and examiners—Good faith—Attorneys' fees—Payment by commissioner.
(1) No cause of action may arise nor may any liability be imposed against the commissioner, the commissioner's authorized representatives, or an examiner appointed by the commissioner for statements made or conduct performed in good faith while carrying out this chapter.
(2) No cause of action may arise nor may any liability be imposed against any person for the act of communicating or delivering information or data to the commissioner or the commissioner's authorized representative or examiner pursuant to an examination made under this chapter, if that act of communication or delivery was performed in good faith and without fraudulent intent or the intent to deceive.
(3) This section does not modify a privilege or immunity previously enjoyed by a person identified in subsection (1) of this section.
(4) A person identified in subsection (1) of this section is entitled to an award of attorneys' fees and costs if he or she is the prevailing party in a civil cause of action for libel, slander, or any other tort arising out of activities in carrying out this chapter and the party bringing the action was not substantially justified in doing so. For purposes of this section a proceeding is "substantially justified" if it had a reasonable basis in law or fact at the time that it was initiated.
(5) If a claim is made or threatened of the sort described in subsection (1) of this section, the commissioner shall provide or pay for the defense of himself or herself, the examiner or representative, and shall pay a judgment or settlement, until it is determined that the person did not act in good faith or did act with fraudulent intent or the intent to deceive.
(6) The immunity, indemnification, and other protections under this section are in addition to those now or hereafter existing under other law.
[ 1993 c 462 § 49.]
NOTES:
Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.04 - Hearings and Appeals. › 48.04.020 - Stay of action.

RCW 48.04.020
Stay of action.
(1) Such demand for a hearing received by the commissioner prior to the effective date of action taken or proposed to be taken by him or her shall stay such action pending the hearing, except as to action taken or proposed
(a) under an order on hearing, or
(b) under an order pursuant to an order on hearing, or
(c) under an order to make good an impairment of the assets of an insurer, or
(d) under an order of temporary suspension of license issued pursuant to RCW 48.17.540 as now or hereafter amended.
(2) In any case where an automatic stay is not provided for, and if the commissioner after written request therefor fails to grant a stay, the person aggrieved thereby may apply to the superior court for Thurston county for a stay of the commissioner's action.
(3) A stay of action is not available for actions taken by the commissioner under RCW 48.13.475.
[ 2000 c 221 § 9; 1982 c 181 § 2; 1949 c 190 § 3; 1947 c 79 § .04.02; Rem. Supp. 1949 § 45.04.02.]
NOTES:
Severability—1982 c 181: See note following RCW 48.03.010.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.04 - Hearings and Appeals. › 48.04.030 - Place of hearing.

RCW 48.04.030
Place of hearing.
The hearing shall be held at the place designated by the commissioner, and at his or her discretion it may be open to the public.
[ 2009 c 549 § 7014; 1947 c 79 § .04.03; Rem. Supp. 1947 § 45.04.03.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.04 - Hearings and Appeals. › 48.04.050 - Show cause notice.

RCW 48.04.050
Show cause notice.
If any person is entitled to a hearing by any provision of this code before any proposed action is taken, the notice of the proposed action may be in the form of a notice to show cause stating that the proposed action may be taken unless such person shows cause at a hearing to be held as specified in the notice, why the proposed action should not be taken, and stating the basis of the proposed action.
[1947 c 79 § .04.05; Rem. Supp. 1947 § 45.04.05.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.04 - Hearings and Appeals. › 48.04.060 - Adjourned hearings.

RCW 48.04.060
Adjourned hearings.
The commissioner may adjourn any hearing from time to time and from place to place without other notice of the adjourned hearing than announcement thereof at the hearing.
[1947 c 79 § .04.06; Rem. Supp. 1947 § 45.04.06.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.04 - Hearings and Appeals. › 48.04.070 - Nonattendance, effect of.

RCW 48.04.070
Nonattendance, effect of.
The validity of any hearing held in accordance with the notice thereof shall not be affected by failure of any person to attend or to remain in attendance.
[1947 c 79 § .04.07; Rem. Supp. 1947 § 45.04.07.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.04 - Hearings and Appeals. › 48.04.140 - Stay of action on appeal.

RCW 48.04.140
Stay of action on appeal.
(1) The taking of an appeal shall not stay any action taken or proposed to be taken by the commissioner under the order appealed from unless a stay is granted by the court at a hearing held as part of the proceedings on appeal.
(2) A stay shall not be granted by the court in any case where the granting of a stay would tend to injure the public interest. In granting a stay, the court may require of the person taking the appeal such security or other conditions as it deems proper.
[ 1988 c 248 § 3; 1947 c 79 § .04.14; Rem. Supp. 1947 § 45.04.14.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.05 - Insurers—General Requirements. › 48.05.010 - "Domestic," "foreign," "alien" insurers defined.

RCW 48.05.010
"Domestic," "foreign," "alien" insurers defined.
(1) A "domestic" insurer is one formed under the laws of this state.
(2) A "foreign" insurer is one formed under the laws of the United States, of a state or territory of the United States other than this state, or of the District of Columbia.
(3) An "alien" insurer is one formed under the laws of a nation other than the United States.
(4) For the purposes of this code, "United States," when used to signify place, means only the states of the United States, the government of Puerto Rico and the District of Columbia.
[ 1961 c 194 § 1; 1947 c 79 § .05.01; Rem. Supp. 1947 § 45.05.01.]
NOTES:
"Insurer" defined: RCW 48.01.050.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.05 - Insurers—General Requirements. › 48.05.030 - Certificate of authority required.

RCW 48.05.030
Certificate of authority required.
(1) No person shall act as an insurer and no insurer shall transact insurance in this state other than as authorized by a certificate of authority issued to it by the commissioner and then in force; except, as to such transactions as are expressly otherwise provided for in this code.
(2) Every certificate of authority shall specify the name of the insurer, the location of its principal office, the name and location of the principal office of its attorney-in-fact if a reciprocal insurer, and the kind or kinds of insurance it is authorized to transact in this state.
(3) The investigation and adjustment of any claim in this state arising under an insurance contract issued by an unauthorized insurer, shall not be deemed to constitute the transacting of insurance in this state.
[1947 c 79 § .05.03; Rem. Supp. 1947 § 45.05.03.]