reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.120 - Specialty Producer Licenses—Portable Electronics or Services. › 48.120.005 - Definitions.

RCW 48.120.005
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Appointing insurer" means the insurer appointing the vendor as its agent under a specialty producer license.
(2) "Customer" means a person that enters into a portable electronics transaction with a vendor.
(3) "Federal securities law" means the securities act of 1933, the securities exchange act of 1934, and the investment company act of 1940.
(4) "Location" means any physical locale in this state and any website, call center site, or similar site directed to residents of this state.
(5) "Portable electronics" means personal, self-contained, easily carried by an individual, battery-operated electronic communication, viewing, listening, recording, gaming, computing or global positioning devices and other similar devices and their accessories, and service related to the use of such devices.
(6) "Portable electronics insurance program" means an insurance program as described in RCW 48.120.015.
(7) "Portable electronics transaction" means the sale or lease of portable electronics or the sale of a service related to the use of portable electronics by a vendor to a customer.
(8) "Specialty producer license" means a license issued under RCW 48.120.010 that authorizes a vendor to offer or sell insurance as provided in RCW 48.120.015.
(9) "Supervising person" means a licensed insurer or an appointed insurance producer licensed under RCW 48.17.090 who provides training as described in RCW 48.120.020 and is appointed by an insurer to supervise the administration of a portable electronics insurance program.
(10) "Vendor" means a person in the business of, directly or indirectly, engaging in portable electronics transactions.
[ 2012 c 154 § 1; 2008 c 217 § 94; 2002 c 357 § 1.]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Severability—Effective date—2008 c 217: See notes following RCW 48.03.020.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.120 - Specialty Producer Licenses—Portable Electronics or Services. › 48.120.010 - License required—Application.

RCW 48.120.010
License required—Application.
(1) A vendor that intends to offer insurance under RCW 48.120.015 must file a specialty producer license application with the commissioner. Before the commissioner issues such a license, the vendor must be appointed as the insurance producer of one or more authorized appointing insurers under a vendor's specialty producer license.
(2) Upon receipt of an application, if the commissioner is satisfied that the application is complete, the commissioner may issue a specialty producer license to the vendor.
(3) An application for licensure pursuant to this section must conform to the requirements of chapter 48.17 RCW. However, information with respect to an applicant's officers, directors, and shareholders of record having beneficial ownership of ten percent or more of any class of securities registered under federal securities law may only be required if the vendor derives more than fifty percent of its revenue from the sale of portable electronics insurance.
[ 2012 c 154 § 2; 2008 c 217 § 95; 2002 c 357 § 2.]
NOTES:
Severability—Effective date—2008 c 217: See notes following RCW 48.03.020.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.120 - Specialty Producer Licenses—Portable Electronics or Services. › 48.120.015 - Scope of license—Authorization—Portable electronics.

RCW 48.120.015
Scope of license—Authorization—Portable electronics.
(1) A specialty producer license authorizes a vendor and its employees and authorized representatives to offer and sell to, enroll in, and bill and collect premiums from customers for insurance covering portable electronics on a master, corporate, group commercial inland marine policy, or on an individual policy basis on a month-to-month or other periodic basis at each location at which the vendor engages in portable electronics transactions. However:
(a) The supervising person must maintain a list of a vendor's locations that are authorized to sell or solicit portable electronics insurance coverage; and
(b) The list under (a) of this subsection must be provided to the commissioner within ten days of a request by the commissioner.
(2) An employee or authorized representative of a vendor may sell or offer portable electronics insurance to the vendor's customers without being individually licensed as an insurance producer if the vendor is licensed under this chapter and is acting in compliance with this chapter and any rules adopted by the commissioner.
(3) A vendor billing and collecting premiums from customers for portable electronics insurance coverage is not required to maintain these funds in a segregated account if the vendor:
(a) Is authorized by the insurer to hold the funds in an alternative manner; and
(b) Remits the funds to the supervising person within sixty days of receipt.
(4) All funds received by a vendor from an enrolled customer for the sale of portable electronics insurance are considered funds held in trust by the vendor in a fiduciary capacity for the benefit of the insurer.
(5) Any charge to the enrolled customer for coverage that is not included in the cost associated with the purchase or lease of portable electronics or related services must be separately itemized on the enrolled customer's bill.
(6) If portable electronics insurance coverage is included with the purchase or lease of portable electronics or related services, the vendor must clearly and conspicuously disclose to the enrolled customer that the portable electronics insurance coverage is included with the portable electronics or related services.
(7) Vendors may receive compensation for billing and collection services.
[ 2013 c 152 § 4; 2012 c 154 § 3; 2002 c 357 § 3.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.120 - Specialty Producer Licenses—Portable Electronics or Services. › 48.120.025 - Statutes governing vendor misconduct—Rules necessary to implement chapter.

RCW 48.120.025
Statutes governing vendor misconduct—Rules necessary to implement chapter.
(1) A vendor issued a specialty producer license under this chapter is subject to RCW 48.17.530 through 48.17.560.
(2) The commissioner may adopt rules necessary for the implementation of this chapter , including, but not limited to, rules governing:
(a) The specialty producer license application process, including any forms required to be used;
(b) The standards for approval and the required content of written materials required under RCW 48.120.020(1)(a);
(c) The approval and required content of training materials required under RCW 48.120.020(1)(c);
(d) Establishing license fees to defray the cost of administering the specialty producer licensure program;
(e) Establishing requirements for the remittance of premium funds to the supervising agent under authority from the program insurer; and
(f) Determining the applicability or nonapplicability of other provisions of this title to this chapter.
[ 2013 c 152 § 7; 2002 c 357 § 5.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.125 - Self-Funded Multiple Employer Welfare Arrangements. › 48.125.005 - Purposes.

RCW 48.125.005
Purposes.
The purposes of this chapter are to:
(1) Provide for the authorization and registration of self-funded multiple employer welfare arrangements;
(2) Regulate self-funded multiple employer welfare arrangements in order to ensure the financial integrity of the arrangements;
(3) Provide reporting requirements for self-funded multiple employer welfare arrangements; and
(4) Provide for sanctions against self-funded multiple employer welfare arrangements organized, operated, providing benefits, or maintained in this state that do not comply with this chapter.
[ 2004 c 260 § 2.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.125 - Self-Funded Multiple Employer Welfare Arrangements. › 48.125.020 - Certificate of authority required.

RCW 48.125.020
Certificate of authority required.
(1) Except as provided in subsection (3) of this section, a person may not establish, operate, provide benefits, or maintain a self-funded multiple employer welfare arrangement in this state unless the arrangement first obtains a certificate of authority from the commissioner.
(2) An arrangement is considered to be established, operated, providing benefits, or maintained in this state if (a) one or more of the employer members participating in the arrangement is either domiciled in or maintains a place of business in this state, or (b) the activities of the arrangement or employer members fall under the scope of RCW 48.01.020.
(3) An arrangement established, operated, providing benefits, or maintained in this state prior to December 31, 2003, has until April 1, 2005, to file a substantially complete application for a certificate of authority. An arrangement that files a substantially complete application for a certificate of authority by that date is allowed to continue to operate without a certificate of authority until the commissioner approves or denies the arrangement's application for a certificate of authority.
[ 2004 c 260 § 4.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.125 - Self-Funded Multiple Employer Welfare Arrangements. › 48.125.030 - Certificate of authority—Requirements for issuance.

RCW 48.125.030
Certificate of authority—Requirements for issuance.
The commissioner may not issue a certificate of authority to a self-funded multiple employer welfare arrangement unless the arrangement establishes to the satisfaction of the commissioner that the following requirements have been satisfied by the arrangement:
(1) The employers participating in the arrangement are members of a bona fide association;
(2) The employers participating in the arrangement exercise control over the arrangement, as follows:
(a) Subject to (b) of this subsection, control exists if the board of directors of the bona fide association or the employers participating in the arrangement have the right to elect at least seventy-five percent of the individuals designated in the arrangement's organizational documents as having control over the operations of the arrangement and the individuals designated in the arrangement's organizational documents in fact exercise control over the operation of the arrangement; and
(b) The use of a third-party administrator to process claims and to assist in the administration of the arrangement is not evidence of the lack of exercise of control over the operation of the arrangement;
(3) In this state, the arrangement provides only health care services;
(4) In this state, the arrangement provides or arranges benefits for health care services in compliance with those provisions of this title that mandate particular benefits or offerings and with provisions that require access to particular types or categories of health care providers and facilities;
(5) In this state, the arrangement provides or arranges benefits for health care services in compliance with RCW 48.43.500 through 48.43.535, 48.43.545, and 48.43.550;
(6) The arrangement provides health care services to not less than twenty employers and not less than seventy-five employees;
(7) The arrangement may not solicit participation in the arrangement from the general public. However, the arrangement may employ licensed insurance producers who receive a commission, unlicensed individuals who do not receive a commission, and may contract with a licensed insurance producer who may be paid a commission or other remuneration, for the purpose of enrolling and renewing the enrollments of employers in the arrangement;
(8) The arrangement has been in existence and operated actively for a continuous period of not less than ten years as of December 31, 2003, except for an arrangement that has been in existence and operated actively since December 31, 2000, and is sponsored by an association that has been in existence more than twenty-five years; and
(9) The arrangement is not organized or maintained solely as a conduit for the collection of premiums and the forwarding of premiums to an insurance company.
[ 2008 c 217 § 96; 2004 c 260 § 5.]
NOTES:
Severability—Effective date—2008 c 217: See notes following RCW 48.03.020.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.125 - Self-Funded Multiple Employer Welfare Arrangements. › 48.125.060 - Surplus required—Amount—Enforcement.

RCW 48.125.060
Surplus required—Amount—Enforcement.
Self-funded multiple employer welfare arrangements must maintain continuously a surplus equal to at least ten percent of the next twelve months projected incurred claims or two million dollars, whichever is greater. The commissioner may proceed against self-funded multiple employer welfare arrangements that fail to maintain the level of surplus required by this section in any manner that the commissioner is authorized to proceed against a health care service contractor that failed to maintain minimum net worth.
[ 2004 c 260 § 8.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.125 - Self-Funded Multiple Employer Welfare Arrangements. › 48.125.070 - Contribution rates.

RCW 48.125.070
Contribution rates.
A self-funded multiple employer welfare arrangement must establish and maintain contribution rates for participation under the arrangement that satisfy either of the following requirements:
(1) Contribution rates must equal or exceed the sum of projected incurred claims for the year, plus all projected costs of operation of the arrangement for the year, plus an amount equal to any deficiency in the surplus of the arrangement for the prior year, minus an amount equal to the surplus of the arrangement in excess of the minimum required level of surplus; or
(2) Contribution rates must equal or exceed a funding level established by a report prepared by a qualified actuary.
[ 2004 c 260 § 9.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.125 - Self-Funded Multiple Employer Welfare Arrangements. › 48.125.080 - Certificate of authority—Granting or denying application.

RCW 48.125.080
Certificate of authority—Granting or denying application.
(1) The commissioner shall grant or deny an application for a certificate of authority within one hundred eighty days of the date that a completed application, together with the items designated in RCW 48.125.050, is submitted to the commissioner.
(2) The commissioner shall grant the application of an arrangement that satisfies the applicable requirements of RCW 48.125.030 through 48.125.070.
(3) The commissioner shall deny the application of an arrangement that does not satisfy the applicable requirements of RCW 48.125.030 through 48.125.070. Denial of an application for a certificate of authority is subject to appeal under chapter 34.05 RCW.
(4) A certificate of authority granted to an arrangement is effective unless revoked by the commissioner under RCW 48.125.100.
[ 2004 c 260 § 10.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.125 - Self-Funded Multiple Employer Welfare Arrangements. › 48.125.090 - Reporting requirements.

RCW 48.125.090
Reporting requirements.
(1) A self-funded multiple employer welfare arrangement must comply with the reporting requirements of this section.
(2) Every arrangement holding a certificate of authority from the commissioner must file its financial statements as required by this title and by the commissioner in accordance with the accounting practices and procedures manuals as adopted by the national association of insurance commissioners, unless otherwise provided by law.
(3) Every arrangement must comply with the provisions of chapters 48.12 and 48.13 RCW.
(4) Every domestic arrangement holding a certificate of authority shall annually, on or before the first day of March, file with the commissioner a true statement of its financial condition, transactions, and affairs as of the thirty-first day of December of the preceding year. The statement forms must be those forms approved by the national association of insurance commissioners for health insurance. The statement must be verified by the oaths of at least two officers of the arrangement. Additional information may be required by this title or by the request of the commissioner.
(5) Every arrangement must report their annual and other statements in the same manner required of other insurers by rule of the commissioner.
(6) The arrangement must file with the commissioner a copy of the arrangement's internal revenue service form 5500 together with all attachments to the form, at the time required for filing the form.
[ 2006 c 25 § 10; 2004 c 260 § 11.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.125 - Self-Funded Multiple Employer Welfare Arrangements. › 48.125.100 - Failure to comply with chapter—Sanctions.

RCW 48.125.100
Failure to comply with chapter—Sanctions.
(1) The commissioner may impose sanctions against a self-funded multiple employer welfare arrangement that fails to comply with this chapter. The maximum fine may not exceed ten thousand dollars for each violation.
(2) The commissioner may issue a notice of intent to revoke the certificate of authority of a self-funded multiple employer welfare arrangement that fails to comply with RCW 48.125.060, 48.125.070, or 48.125.090. If, within sixty days of receiving notice under this subsection, the arrangement fails to file with the commissioner a plan to bring the arrangement into compliance with RCW 48.125.060, 48.125.070, or 48.125.090, the commissioner may revoke the arrangement's certificate of authority. A revocation of a certificate of authority is subject to appeal under chapter 34.05 RCW.
(3) An arrangement that fails to maintain the level of surplus required by RCW 48.125.060 is subject to the sanctions authorized in RCW 48.44.160 through 48.44.166.
[ 2004 c 260 § 12.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.125 - Self-Funded Multiple Employer Welfare Arrangements. › 48.125.110 - Certificate of authority—Failure to obtain.

RCW 48.125.110
Certificate of authority—Failure to obtain.
A self-funded multiple employer welfare arrangement organized, operated, providing benefits, or maintained in this state without a certificate of authority is in violation of this title.
[ 2004 c 260 § 13.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.125 - Self-Funded Multiple Employer Welfare Arrangements. › 48.125.120 - Policy must contain specific notice.

RCW 48.125.120
Policy must contain specific notice.
Each policy issued by a self-funded multiple employer welfare arrangement must contain, in ten-point type on the front page and the declaration page, the following notice:
"NOTICE
This policy is issued by a self-funded multiple employer welfare arrangement. A self-funded multiple employer welfare arrangement may not be subject to all of the insurance laws and regulations of your state. State insurance insolvency guaranty funds are not available for a self-funded multiple employer welfare arrangement."
[ 2004 c 260 § 14.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.125 - Self-Funded Multiple Employer Welfare Arrangements. › 48.125.130 - Additional compliance requirements.

RCW 48.125.130
Additional compliance requirements.
A self-funded multiple employer welfare arrangement is subject to RCW 48.43.300 through 48.43.370, the rehabilitation provisions under chapter 48.31 RCW, and chapter 48.99 RCW.
[ 2004 c 260 § 15.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.125 - Self-Funded Multiple Employer Welfare Arrangements. › 48.125.140 - Examination of operations—Commissioner's powers—Definition of affiliate.

RCW 48.125.140
Examination of operations—Commissioner's powers—Definition of affiliate.
(1) The commissioner may make an examination of the operations of any self-funded multiple employer welfare arrangement as often as he or she deems necessary in order to carry out the purposes of this chapter.
(2) Every self-funded multiple employer welfare arrangement shall submit its books and records relating to its operation for financial condition and market conduct examinations and in every way facilitate them. For the purpose of examinations, the commissioner may issue subpoenas, administer oaths, and examine the officers and principals of the self-funded multiple employer welfare arrangement.
(3) The commissioner may elect to accept and rely on audit reports made by an independent certified public accountant for the self-funded multiple employer welfare arrangement in the course of that part of the commissioner's examination covering the same general subject matter as the audit. The commissioner may incorporate the audit report in his or her report of the examination.
(4)(a) The commissioner may also examine any affiliate of the self-funded multiple employer welfare arrangement. An examination of an affiliate is limited to the activities or operations of the affiliate that may impact the financial position of the arrangement.
(b) For the purposes of this section, "affiliate" has the same meaning as defined in RCW 48.31B.005.
(5) Whenever an examination is made, all of the provisions of chapter 48.03 RCW not inconsistent with this chapter shall be applicable. In lieu of making an examination himself or herself, the commissioner may, in the case of a foreign self-funded multiple employer welfare arrangement, accept an examination report of the applicant by the regulatory official in its state of domicile. In the case of a domestic self-funded multiple employer welfare arrangement, the commissioner may accept an examination report of the applicant by the regulatory official of a state that has already licensed the arrangement.
[ 2015 c 122 § 18; 2004 c 260 § 16.]
NOTES:
Effective dates—2015 c 122: See note following RCW 48.31B.005.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.125 - Self-Funded Multiple Employer Welfare Arrangements. › 48.125.150 - Chapter not applicable.

RCW 48.125.150
Chapter not applicable.
This chapter does not apply to:
(1) Single employer entities;
(2) Taft-Hartley plans; or
(3) Self-funded multiple employer welfare arrangements that do not provide coverage for health care services.
[ 2004 c 260 § 17.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.125 - Self-Funded Multiple Employer Welfare Arrangements. › 48.125.160 - Taxable amounts—Participant contributions.

RCW 48.125.160
Taxable amounts—Participant contributions.
Participant contributions used to determine the taxable amounts in this state under RCW 48.14.0201 shall be determined in the same manner as premiums taxable in this state are determined under RCW 48.14.090.
[ 2004 c 260 § 18.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.125 - Self-Funded Multiple Employer Welfare Arrangements. › 48.125.200 - Prostate cancer screening.

RCW 48.125.200
Prostate cancer screening.
(1) Each self-funded multiple employer welfare arrangement established, operated, providing benefits, or maintained in this state after December 31, 2006, that provides coverage for hospital or medical expenses shall provide coverage for prostate cancer screening, provided that the screening is delivered upon the recommendation of the patient's physician, advanced registered nurse practitioner, or physician assistant.
(2) This section shall not be construed to prevent the application of standard policy provisions applicable to other benefits, such as deductible or copayment provisions. This section does not limit the authority of a self-funded multiple employer welfare arrangement to negotiate rates and contract with specific providers for the delivery of prostate cancer screening services.
[ 2006 c 367 § 6.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.125 - Self-Funded Multiple Employer Welfare Arrangements. › 48.125.901 - Effective date—2004 c 260.

RCW 48.125.901
Effective date—2004 c 260.
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 immediately [March 31, 2004].
[ 2004 c 260 § 29.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.130 - Interstate Insurance Product Regulation Compact. › 48.130.005 - Purposes—Insurance commissioner represents state.

RCW 48.130.005
Purposes—Insurance commissioner represents state.
Under the terms and conditions of this chapter, the state of Washington seeks to join with other states and establish the interstate insurance product regulation compact and thus become a member of the interstate insurance product regulation commission. The insurance commissioner is hereby designated to serve as the representative of this state to the commission. The purposes of the compact under this chapter are, through means of joint and cooperative action among the compacting states:
(1) To promote and protect the interest of consumers of individual and group annuity, life insurance, disability income, and long-term care insurance products;
(2) To develop uniform standards for insurance products covered under the compact;
(3) To establish a central clearinghouse to receive and provide prompt review of insurance products covered under the compact and, in certain cases, advertisements related thereto, submitted by insurers authorized to do business in one or more compacting states;
(4) To give appropriate regulatory approval to those product filings and advertisements satisfying the applicable uniform standard;
(5) To improve coordination of regulatory resources and expertise between state insurance departments regarding the setting of uniform standards and review of insurance products covered under the compact;
(6) To create the interstate insurance product regulation commission; and
(7) To perform these and such other related functions as may be consistent with the state regulation of the business of insurance.
[ 2005 c 92 § 1.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.130 - Interstate Insurance Product Regulation Compact. › 48.130.020 - Commission created.

RCW 48.130.020
Commission created.
(1) The compacting states hereby create and establish a joint public agency known as the interstate insurance product regulation commission. Under RCW 48.130.030, the commission will have the power to develop uniform standards for product lines, receive and provide prompt review of products filed therewith, and give approval to those product filings satisfying applicable uniform standards. However, it is not intended for the commission to be the exclusive entity for receipt and review of insurance product filings. This section does not prohibit any insurer from filing its product in any state wherein the insurer is licensed to conduct the business of insurance; and any such filing shall be subject to the laws of the state where filed.
(2) The commission is a body corporate and politic, and an instrumentality of the compacting states.
(3) The commission is solely responsible for its liabilities except as otherwise specifically provided in the compact.
(4) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located.
[ 2005 c 92 § 3.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.130 - Interstate Insurance Product Regulation Compact. › 48.130.050 - Commission actions—Voting.

RCW 48.130.050
Commission actions—Voting.
(1) The commission shall meet and take such actions as are consistent with the provisions of the compact and the bylaws.
(2) Each member of the commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the commission. A member shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for members' participation in meetings by telephone or other means of communication.
(3) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
[ 2005 c 92 § 6.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.130 - Interstate Insurance Product Regulation Compact. › 48.130.080 - Dispute resolution.

RCW 48.130.080
Dispute resolution.
The commission shall attempt, upon the request of a member, to resolve any disputes or other issues that are subject to this compact and which may arise between two or more compacting states, or between compacting states and noncompacting states, and the commission shall adopt an operating procedure providing for resolution of such disputes.
[ 2005 c 92 § 9.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.130 - Interstate Insurance Product Regulation Compact. › 48.130.090 - Commission approval of product—Filing—Rule making.

RCW 48.130.090
Commission approval of product—Filing—Rule making.
(1) Insurers and third-party filers seeking to have a product approved by the commission shall file the product with, and pay applicable filing fees to, the commission. This chapter does not restrict or otherwise prevent an insurer from filing its product with the insurance department in any state wherein the insurer is licensed to conduct the business of insurance, and such filing shall be subject to the laws of the states where filed.
(2) The commission shall establish appropriate filing and review processes and procedures pursuant to commission rules and operating procedures. The commission shall adopt rules to establish conditions and procedures under which the commission will provide public access to product filing information. In establishing such rules, the commission shall consider the interests of the public in having access to such information, as well as protection of personal medical and financial information and trade secrets, that may be contained in a product filing or supporting information.
(3) Any product approved by the commission may be sold or otherwise issued in those compacting states for which the insurer is legally authorized to do business.
[ 2005 c 92 § 10.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.130 - Interstate Insurance Product Regulation Compact. › 48.130.100 - Commission disapproval of product—Appeal.

RCW 48.130.100
Commission disapproval of product—Appeal.
(1) Not later than thirty days after the commission has given notice of a disapproved product or advertisement filed with the commission, the insurer or third-party filer whose filing was disapproved may appeal the determination to a review panel appointed by the commission. The commission shall adopt rules to establish procedures for appointing such review panels and provide for notice and hearing. An allegation that the commission, in disapproving a product or advertisement filed with the commission, acted arbitrarily, capriciously, or in a manner that is an abuse of discretion or otherwise not in accordance with the law, is subject to judicial review in accordance with RCW 48.130.020(4).
(2) The commission shall have authority to monitor, review, and reconsider products and advertisement subsequent to their filing or approval upon a finding that the product does not meet the relevant uniform standard. Where appropriate, the commission may withdraw or modify its approval after proper notice and hearing, subject to the appeal process in subsection (1) of this section.
[ 2005 c 92 § 11.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.130 - Interstate Insurance Product Regulation Compact. › 48.130.110 - Commission expenses—Budget—Tax exempt—Accounting.

RCW 48.130.110
Commission expenses—Budget—Tax exempt—Accounting.
(1) The commission shall pay or provide for the payment of the reasonable expenses of its establishment and organization. To fund the cost of its initial operations, the commission may accept contributions and other forms of funding from the national association of insurance commissioners, compacting states, and other sources. Contributions and other forms of funding from other sources shall be of such a nature that the independence of the commission concerning the performance of its duties shall not be compromised.
(2) The commission shall collect a filing fee from each insurer and third-party filer filing a product with the commission to cover the cost of the operations and activities of the commission and its staff in a total amount sufficient to cover the commission's annual budget.
(3) The commission's budget for a fiscal year shall not be approved until it has been subject to notice and comment as set forth in RCW 48.130.060.
(4) The commission shall be exempt from all taxation in and by the compacting states.
(5) The commission shall not pledge the credit of any compacting state, except by and with the appropriate legal authority of that compacting state.
(6) The commission shall keep complete and accurate accounts of all its internal receipts, including grants and donations, and disbursements of all funds under its control. The internal financial accounts of the commission shall be subject to the accounting procedures established under its bylaws. The financial accounts and reports including the system of internal controls and procedures of the commission shall be audited annually by an independent certified public accountant. Upon the determination of the commission, but no less frequently than every three years, the review of the independent auditor shall include a management and performance audit of the commission. The commission shall make an annual report to the governor and legislature of the compacting states, which shall include a report of the independent audit. The commission's internal accounts shall not be confidential and such materials may be shared with the commissioner of any compacting state upon request. However, any work papers related to any internal or independent audit and any information regarding the privacy of individuals and insurers' proprietary information, including trade secrets, shall remain confidential.
(7) A compacting state does not have any claim to or ownership of any property held by or vested in the commission or to any commission funds held under this chapter.
[ 2005 c 92 § 12.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.130 - Interstate Insurance Product Regulation Compact. › 48.130.120 - Compact, commission, compact amendments—When effective.

RCW 48.130.120
Compact, commission, compact amendments—When effective.
(1) Any state is eligible to become a compacting state.
(2) The compact shall become effective and binding upon legislative enactment of the compact into law by two compacting states. However, the commission shall become effective for purposes of adopting uniform standards for, reviewing, and giving approval or disapproval of products filed with the commission that satisfy applicable uniform standards only after twenty-six states are compacting states or, alternatively, by states representing greater than forty percent of the premium volume for life insurance, annuity, disability income, and long-term care insurance products, based on records of the national association of insurance commissioners for the prior year. Thereafter, it shall become effective and binding as to any other compacting state upon enactment of the compact into law by that state.
(3) Amendments to the compact may be proposed by the commission for enactment by the compacting states. An amendment does not become effective and binding upon the commission and the compacting states unless and until all compacting states enact the amendment into law.
[ 2005 c 92 § 13.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.130 - Interstate Insurance Product Regulation Compact. › 48.130.140 - Effect of compact—Other state laws—Binding on compacting states, when.

RCW 48.130.140
Effect of compact—Other state laws—Binding on compacting states, when.
(1)(a) The compact does not prevent the enforcement of any other law of a compacting state, except as provided in (b) of this subsection.
(b) For any product approved or certified to the commission, the rules, uniform standards, and any other requirements of the commission shall constitute the exclusive provisions applicable to the content, approval, and certification of such products. For advertisement that is subject to the commission's authority, any rule, uniform standard, or other requirement of the commission which governs the content of the advertisement shall constitute the exclusive provision that a commissioner may apply to the content of the advertisement. However, no action taken by the commission shall abrogate or restrict: (i) The access of any person to state courts; (ii) remedies available under state law related to breach of contract, tort, or other laws not specifically directed to the content of the product; (iii) state law relating to the construction of insurance contracts; or (iv) the authority of the attorney general of the state, including but not limited to maintaining any actions or proceedings, as authorized by law.
(c) All insurance products filed with individual states shall be subject to the laws of those states.
(2)(a) All lawful actions of the commission, including all rules and operating procedures adopted by the commission, are binding upon the compacting states.
(b) All agreements between the commission and the compacting states are binding in accordance with their terms.
(c) Upon the request of a party to a conflict over the meaning or interpretation of commission actions, and upon a majority vote of the compacting states, the commission may issue advisory opinions regarding the meaning or interpretation in dispute.
(d) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by that provision upon the commission shall be ineffective as to that compacting state, and those obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which those obligations, duties, powers, or jurisdiction are delegated by law in effect at the time the compact becomes effective.
[ 2005 c 92 § 15.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.135 - Insurance Fraud Program. › 48.135.005 - Purpose.

RCW 48.135.005
Purpose.
The purpose of this chapter and sections 14 through 17, chapter 284, Laws of 2006 is to confront the problem of insurance fraud in this state by making a concerted effort to detect insurance fraud, reduce the occurrence of fraud through criminal enforcement and deterrence, require restitution of fraudulently obtained insurance benefits and expenses incurred by an insurer in investigating fraudulent claims, and reduce the amount of premium dollars used to pay fraudulent claims. The primary focus of the insurance fraud program is on organized fraudulent activities committed against insurance companies.
[ 2006 c 284 § 1.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.135 - Insurance Fraud Program. › 48.135.007 - When chapter not applicable.

RCW 48.135.007
When chapter not applicable.
This chapter does not:
(1) Preempt the authority or relieve the duty of any other general authority law enforcement agencies to investigate, examine, and prosecute suspected violations of law;
(2) Prevent or prohibit a person from voluntarily disclosing any information concerning insurance fraud to any law enforcement agency other than the commissioner; or
(3) Limit any of the powers granted elsewhere in this title to the commissioner to investigate and examine possible violations of the law and to take appropriate action.
[ 2006 c 284 § 9.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.135 - Insurance Fraud Program. › 48.135.010 - Definitions.

RCW 48.135.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Insurance fraud" means an act or omission committed by a person who, knowingly, and with intent to defraud, commits, or conceals any material information concerning, one or more of the following:
(a) Presenting, causing to be presented, or preparing with knowledge or belief that it will be presented to or by an insurer, insurance producer, or surplus line broker, false information as part of, in support of, or concerning a fact material to one or more of the following:
(i) An application for the issuance or renewal of an insurance policy;
(ii) The rating of an insurance policy or contract;
(iii) A claim for payment or benefit pursuant to an insurance policy;
(iv) Premiums paid on an insurance policy;
(v) Payments made in accordance with the terms of an insurance policy; or
(vi) The reinstatement of an insurance policy;
(b) Willful embezzlement, abstracting, purloining, or conversion of moneys, funds, premiums, credits, or other property of an insurer or person engaged in the business of insurance; or
(c) Attempting to commit, aiding or abetting in the commission of, or conspiracy to commit the acts or omissions specified in this subsection.
The definition of insurance fraud is for illustrative purposes only under this chapter to describe the nature of the behavior to be reported and investigated, and is not intended in any manner to create or modify the definition of any existing criminal acts nor to create or modify the burdens of proof in any criminal prosecution brought as a result of an investigation under this chapter.
(2) "Insurer" means an insurance company authorized under chapter 48.05 RCW, a health care service contractor registered under chapter 48.44 RCW, and a health care maintenance organization registered under chapter 48.46 RCW.
[ 2009 c 162 § 32; 2008 c 217 § 97; 2006 c 284 § 2.]
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 48.135 - Insurance Fraud Program. › 48.135.020 - Insurance fraud program established—Commissioner's powers and duties.

RCW 48.135.020
Insurance fraud program established—Commissioner's powers and duties.
(1) There is established an insurance fraud program within the office of the insurance commissioner. The commissioner may employ supervisory, legal, and investigative personnel for the program, who must be qualified by training and experience in the areas of detection, investigation, or prosecution of fraud in which the insurance industry is a victim. The chief of the fraud program is a full-time position that is appointed by the commissioner. The chief serves at the pleasure of the commissioner. The commissioner shall provide office space, equipment, supplies, investigators, clerical staff, and other staff that are necessary for the program to carry out its duties and responsibilities under this chapter.
(2) The commissioner may fund one or more state patrol officers to work with the insurance fraud program and the funding for the officers must be paid out of the budget of the insurance fraud program.
(3) The commissioner may fund one or more assistant attorneys general and support staff to work with the insurance fraud program and the funding for the assistant attorneys general and support staff must be paid out of the budget of the insurance fraud program.
(4) The commissioner may make grants to or reimburse local prosecuting attorneys to assist in the prosecution of insurance fraud. The grants must be paid out of the budget of the insurance fraud program. The commissioner may investigate and seek prosecution of crimes involving insurance fraud upon the request of or with the concurrence of the county prosecuting attorney of the jurisdiction in which the offense has occurred. Before such a prosecution, the commissioner and the county in which the offense occurred shall reach an agreement regarding the payment of all costs, including expert witness fees, and defense attorneys' fees associated with any such prosecution.
(5) Staff levels for this program, until June 30, 2010, shall not exceed 8.0 full-time equivalents.
[ 2006 c 284 § 3.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.135 - Insurance Fraud Program. › 48.135.030 - Program operating costs.

RCW 48.135.030
Program operating costs.
The annual cost of operating the fraud program is funded from the insurance commissioner's regulatory account under RCW 48.02.190 subject to appropriation by the legislature.
[ 2006 c 284 § 4.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.135 - Insurance Fraud Program. › 48.135.040 - Program implementation—Commissioner's authority—Limited authority peace officers.

RCW 48.135.040
Program implementation—Commissioner's authority—Limited authority peace officers.
(1) The commissioner may:
(a) Employ and train personnel to achieve the purposes of this chapter and to employ legal counsel, investigators, auditors, and clerical support personnel and other personnel as the commissioner determines necessary from time to time to accomplish the purposes of this chapter;
(b) Initiate inquiries and conduct investigations when the commissioner has cause to believe that insurance fraud has been, is being, or is about to be committed;
(c) Conduct independent examinations of alleged insurance fraud;
(d) Review notices, reports, or complaints of suspected insurance fraud activities from federal, state, and local law enforcement and regulatory agencies, persons engaged in the business of insurance, and any other person to determine whether the reports require further investigation;
(e) Share records and evidence with federal, state, or local law enforcement or regulatory agencies, and enter into interagency agreements;
(f) Conduct investigations outside this state. If the information the commissioner seeks to obtain is located outside this state, the person from whom the information is sought may make the information available to the commissioner to examine at the place where the information is located. The commissioner may designate representatives, including officials of the state in which the matter is located, to inspect the information on behalf of the commissioner, and the commissioner may respond to similar requests from officials of other states;
(g) Administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records that the commissioner deems relevant or material to an inquiry concerning insurance fraud;
(h) Report incidents of alleged insurance fraud disclosed by its investigations to the appropriate prosecutorial authority, including but not limited to the attorney general and to any other appropriate law enforcement, administrative, regulatory, or licensing agency;
(i) Assemble evidence, prepare charges, and work closely with any prosecutorial authority having jurisdiction to pursue prosecution of insurance fraud; and
(j) Undertake independent studies to determine the extent of fraudulent insurance acts.
(2) The fraud program investigators who have obtained certification as a peace officer under RCW 43.101.095 have the powers and status of a limited authority Washington peace officer.
[ 2006 c 284 § 5.]