reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-03 - Public records › PUBLIC RECORDS REQUESTS › Section 284-03-040 - Review of denials of public records

Current through Register Vol. 24-14, July 15, 2024
(1)
Petition for internal
				administrative review of denial of access.
Any requestor who objects to
				the initial denial or partial denial of a records request may petition in
				writing (including e-mail) to the public records manager for a review of that
				decision. The petition should include a copy of the OIC denial, or reasonably
				identify the written statement by the public records manager or designee
				denying the request.
(2)
Review by the attorney general's office.
If the OIC denies a
				requestor access to public records because it claims the record is exempt in
				whole or in part from disclosure, the requestor may request the attorney
				general's office to review the matter.
(3)
Judicial review.
Any
				requestor may obtain court review of denials of public records requests at the
				conclusion of two business days after the initial denial regardless of any
				internal administrative appeal.
Statutory Authority:
					 RCW
					 48.02.060 and
					 42.56.040. 12-03-087 (Matter No. R
					 2011-15), §
											284-03-040, filed 1/15/12,
					 effective 2/15/12. Statutory Authority:
					 RCW
					  48.02.060,
					 48.17.250, 48.17.300,
					 70.02.050 and 42.17.250. 04-15-157
					 (Matter No. R 2003-10), §
											284-03-040, filed 7/21/04,
					 effective 8/21/04; Order R-75-1, §
											284-03-040, filed
					 5/19/75.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-04 - Privacy of consumer financial and health information › Part 1 - GENERAL PROVISIONS › Section 284-04-120 - Definitions

Current through Register Vol. 24-14, July 15, 2024
As used in this chapter, unless the context requires
				  otherwise:
(1) "Affiliate" means any
				company that controls, is controlled by or is under common control with another
				company.
(2) "Clear and
				conspicuous" means that a notice is reasonably understandable and designed to
				call attention to the nature and significance of the information in the notice.
Examples.
(a)
				Reasonably understandable. A licensee makes its notice reasonably
				understandable if it:
(i) Presents the
				information in the notice in clear, concise sentences, paragraphs, and
				sections;
(ii) Uses short
				explanatory sentences or bullet lists whenever possible;
(iii) Uses definite, concrete, everyday words
				and active voice whenever possible;
(iv) Avoids multiple negatives;
(v) Avoids legal and highly technical
				business terminology whenever possible; and
(vi) Avoids explanations that are imprecise
				and readily subject to different interpretations.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-04 - Privacy of consumer financial and health information › Part 2 - PRIVACY AND OPT OUT NOTICES FOR FINANCIAL INFORMATION › Section 284-04-200 - Initial privacy notice to consumers required

Current through Register Vol. 24-14, July 15, 2024
(1) Initial notice requirement. A licensee
				shall provide a clear and conspicuous notice that accurately reflects its
				privacy policies and practices to:
(a)
				Customer. An individual who becomes the licensee's customer, not later than
				when the licensee establishes a customer relationship, except as provided in
				subsection (5) of this section; and
(b) Consumer. A consumer, before the licensee
				discloses any nonpublic personal financial information about the consumer to
				any nonaffiliated third party, if the licensee makes a disclosure other than as
				authorized by WAC
				284-04-405 and
				284-04-410;
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-04 - Privacy of consumer financial and health information › Part 2 - PRIVACY AND OPT OUT NOTICES FOR FINANCIAL INFORMATION › Section 284-04-205 - Annual privacy notice to customers required

Current through Register Vol. 24-14, July 15, 2024
(1)
(a)
				General rule. A licensee shall provide a clear and conspicuous notice to
				customers that accurately reflects its privacy policies and practices not less
				than annually during the continuation of the customer relationship. Annually
				means at least once in any period of twelve consecutive months during which
				that relationship exists. A licensee may define the twelve-consecutive-month
				period, but the licensee shall apply it to the customer on a consistent
				basis.
(b) Example. A licensee
				provides a notice annually if it defines the twelve-consecutive-month period as
				a calendar year and provides the annual notice to the customer once in each
				calendar year following the calendar year in which the licensee provided the
				initial notice. For example, if a customer opens an account on any day of year
				one, the licensee shall provide an annual notice to that customer by December
				31 of year two.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-04 - Privacy of consumer financial and health information › Part 2 - PRIVACY AND OPT OUT NOTICES FOR FINANCIAL INFORMATION › Section 284-04-210 - Information to be included in privacy notices

Current through Register Vol. 24-14, July 15, 2024
(1) General rule. The initial, annual and
				revised privacy notices that a licensee provides under WAC
				284-04-200,
				284-04-205, and
				284-04-220 shall include each of
				the following items of information, in addition to any other information the
				licensee wishes to provide, that applies to the licensee and to the consumers
				to whom the licensee sends its privacy notice:
(a) The categories of nonpublic personal
				financial information that the licensee collects;
(b) The categories of nonpublic personal
				financial information that the licensee discloses;
(c) The categories of affiliates and
				nonaffiliated third parties to whom the licensee discloses nonpublic personal
				financial information, other than those parties to whom the licensee discloses
				information under WAC
				284-04-405 and
				284-04-410;
(d) The categories of nonpublic personal
				financial information about the licensee's former customers that the licensee
				discloses and the categories of affiliates and nonaffiliated third parties to
				whom the licensee discloses nonpublic personal financial information about the
				licensee's former customers, other than those parties to whom the licensee
				discloses information under WAC
				284-04-405 and
				284-04-410;
(e) If a licensee discloses nonpublic
				personal financial information to a nonaffiliated third party under WAC
				284-04-400 (and no other
				exception in WAC
				284-04-405 and
				284-04-410 applies to that
				disclosure), a separate description of the categories of information the
				licensee discloses and the categories of third parties with whom the licensee
				has contracted;
(f) An explanation
				of the consumer's right under WAC
				284-04-300(1) to
				opt out of the disclosure of nonpublic personal financial information to
				nonaffiliated third parties, including the methods by which the consumer may
				exercise that right at that time;
(g) Any disclosures that the licensee makes
				under section 603 (d)(2)(A)(iii) of the Federal Fair Credit Reporting Act (15 U.S.C.
				1681a(d)(2)(A)(iii))  (that
				is, notices regarding the ability to opt out of disclosures of information
				among affiliates);
(h) The
				licensee's policies and practices with respect to protecting the
				confidentiality and security of nonpublic personal information; and
(i) Any disclosure that the licensee makes
				under subsection (2) of this section.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-04 - Privacy of consumer financial and health information › Part 2 - PRIVACY AND OPT OUT NOTICES FOR FINANCIAL INFORMATION › Section 284-04-215 - Form of opt out notice to consumers and opt out methods

Current through Register Vol. 24-14, July 15, 2024
(1)
(a)
				Form of opt out notice. If a licensee is required to provide an opt out notice
				under WAC
				284-04-300(1),
				it shall provide a clear and conspicuous notice to each of its consumers that
				accurately explains the right to opt out under that section. The notice shall
				state:
(i) That the licensee discloses or
				reserves the right to disclose nonpublic personal financial information about
				its consumer to a nonaffiliated third party;
(ii) That the consumer has the right to opt
				out of that disclosure; and
(iii) A
				reasonable means by which the consumer may exercise the opt out
				right.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-04 - Privacy of consumer financial and health information › Part 2 - PRIVACY AND OPT OUT NOTICES FOR FINANCIAL INFORMATION › Section 284-04-220 - Revised privacy notices

Current through Register Vol. 24-14, July 15, 2024
(1)
				General rule. Except as otherwise authorized in this regulation, a licensee
				shall not, directly or through an affiliate, disclose any nonpublic personal
				financial information about a consumer to a nonaffiliated third party other
				than as described in the initial notice that the licensee provided to that
				consumer under WAC
				284-04-200, unless:
(a) The licensee has provided to the consumer
				a clear and conspicuous revised notice that accurately describes its policies
				and practices;
(b) The licensee has
				provided to the consumer a new opt out notice;
(c) The licensee has given the consumer a
				reasonable opportunity, before the licensee discloses the information to the
				nonaffiliated third party, to opt out of the disclosure; and
(d) The consumer does not opt out.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-04 - Privacy of consumer financial and health information › Part 2 - PRIVACY AND OPT OUT NOTICES FOR FINANCIAL INFORMATION › Section 284-04-225 - Delivery

Current through Register Vol. 24-14, July 15, 2024
(1) How to provide
				notices. A licensee shall provide any notices that this regulation requires so
				that each consumer can reasonably be expected to receive actual notice in
				writing or, if the consumer agrees, electronically.
(2)
(a)
				Examples of reasonable expectation of actual notice. A licensee may reasonably
				expect that a consumer will receive actual notice if the licensee:
(i) Hand-delivers a printed copy of the
				notice to the consumer;
(ii) Mails
				a printed copy of the notice to the last known address of the consumer
				separately, or in a policy, billing or other written communication;
(iii) For a consumer who conducts
				transactions electronically, posts the notice on the electronic site and
				requires the consumer to acknowledge receipt of the notice as a necessary step
				to obtaining a particular insurance product or service;
(iv) For an isolated transaction with a
				consumer, such as the licensee providing an insurance quote or selling the
				consumer travel insurance, posts the notice and requires the consumer to
				acknowledge receipt of the notice as a necessary step to obtaining the
				particular insurance product or service.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-04 - Privacy of consumer financial and health information › Part 2 - PRIVACY AND OPT OUT NOTICES FOR FINANCIAL INFORMATION › Section 284-04-910 - Appendix B-Federal Model Privacy Form

Current through Register Vol. 24-14, July 15, 2024
Licensees, including a group of financial holding company
				  affiliates that use a common privacy notice, may use the federal Model Privacy
				  Form, if the form is accurate for each institution that uses the form. (Note
				  that disclosure of certain information, such as assets, income and information
				  from a consumer reporting agency, may give rise to obligations under the
				  federal Fair Credit Reporting Act, such as a requirement to permit a consumer
				  to opt out of disclosures to affiliates or designation as a consumer reporting
				  agency if disclosures are made to nonaffiliated third parties.)
(1)
General instructions.
(a) How the Model Privacy Form is used.
(i) The model form may be used, (at the
				option of a "licensee"), including a group of licensees or other financial
				institutions that use a common privacy notice, to meet the content requirements
				of the privacy notice and opt-out notice set forth in WAC
				284-04-210 and
				284-04-215.
(ii) The model form is a standardized form,
				including page layout, content, format, style, pagination, and shading.
				Licensees seeking to obtain the safe harbor through use of the model form may
				modify it only as described in these instructions.
(iii) Note that disclosure of certain
				information, such as assets, income, and information from a consumer reporting
				agency, may give rise to obligations under the federal Fair Credit Reporting
				Act (FCRA), codified at  15 U.S.C. §§
												1681-1681x, such as a
				requirement to permit a consumer to opt out of disclosures to affiliates, or
				designation as a consumer reporting agency if disclosures are made to
				nonaffiliated third parties.
(iv)
				The word "customer" may be replaced by the word "member," whenever it appears
				in the model form, as appropriate.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-04 - Privacy of consumer financial and health information › Part 3 - LIMITS ON DISCLOSURES OF FINANCIAL INFORMATION › Section 284-04-300 - Limits on disclosure of nonpublic personal financial information to nonaffiliated third parties

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) Conditions for disclosure. Except as
				otherwise authorized in this regulation, a licensee may not, directly or
				through any affiliate, disclose any nonpublic personal financial information
				about a consumer to a nonaffiliated third party unless:
(i) The licensee has provided to the consumer
				an initial notice as required under WAC
				284-04-200;
(ii) The licensee has provided to the
				consumer an opt out notice as required in WAC
				284-04-215;
(iii) The licensee has given the consumer a
				reasonable opportunity, before it discloses the information to the
				nonaffiliated third party, to opt out of the disclosure; and
(iv) The consumer does not opt out.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-04 - Privacy of consumer financial and health information › Part 3 - LIMITS ON DISCLOSURES OF FINANCIAL INFORMATION › Section 284-04-305 - Limits on redisclosure and reuse of nonpublic personal financial information

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) Information the licensee receives under
				an exception. If a licensee receives nonpublic personal financial information
				from a nonaffiliated financial institution under an exception in WAC
				284-04-405 or
				284-04-410, the licensee's
				disclosure and use of that information is limited as follows:
(i) The licensee may disclose the information
				to the affiliates of the financial institution from which the licensee received
				the information;
(ii) The licensee
				may disclose the information to its affiliates, but the licensee's affiliates
				may, in turn, disclose and use the information only to the extent that the
				licensee may disclose and use the information; and
(iii) The licensee may disclose and use the
				information pursuant to an exception in WAC
				284-04-405 or
				284-04-410, in the ordinary
				course of business to carry out the activity covered by the exception under
				which the licensee received the information.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-04 - Privacy of consumer financial and health information › Part 3 - LIMITS ON DISCLOSURES OF FINANCIAL INFORMATION › Section 284-04-310 - Limits on sharing account number information for marketing purposes

Current through Register Vol. 24-14, July 15, 2024
(1) General
				prohibition on disclosure of account numbers. A licensee shall not, directly or
				through an affiliate, disclose, other than to a consumer reporting agency, a
				policy number or similar form of access number or access code for a consumer's
				policy or transaction account to any nonaffiliated third party for use in
				telemarketing, direct mail marketing or other marketing through electronic mail
				to the consumer.
(2) Exceptions.
				Subsection (1) of this section does not apply if a licensee discloses a policy
				number or similar form of access number or access code:
(a) To the licensee's service provider solely
				in order to perform marketing for the licensee's own products or services, as
				long as the service provider is not authorized to directly initiate charges to
				the account;
(b) To a licensee who
				is a producer solely in order to perform marketing for the licensee's own
				products or services; or
(c) To a
				participant in an affinity or similar program where the participants in the
				program are identified to the customer when the customer enters into the
				program.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-04 - Privacy of consumer financial and health information › Part 4 - EXCEPTIONS TO LIMITS ON DISCLOSURES OF FINANCIAL INFORMATION › Section 284-04-400 - Exception to opt out requirements for disclosure of nonpublic personal financial information for service providers and joint marketing

Current through Register Vol. 24-14, July 15, 2024
(1) General rule.
(a) The opt out requirements in WAC
				284-04-215 and
				284-04-300 do not apply when a
				licensee provides nonpublic personal financial information to a nonaffiliated
				third party to perform services for the licensee or functions on the licensee's
				behalf, if the licensee:
(i) Provides the
				initial notice in accordance with WAC
				284-04-200; and
(ii) Enters into a contractual agreement with
				the third party that prohibits the third party from disclosing or using the
				information other than to carry out the purposes for which the licensee
				disclosed the information, including use under an exception in WAC
				284-04-405 or
				284-04-410 in the ordinary course
				of business to carry out those purposes.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-04 - Privacy of consumer financial and health information › Part 4 - EXCEPTIONS TO LIMITS ON DISCLOSURES OF FINANCIAL INFORMATION › Section 284-04-405 - Exceptions to notice and opt out requirements for disclosure of nonpublic personal financial information for processing and servicing transactions

Current through Register Vol. 24-14, July 15, 2024
(1) Exceptions for
				processing transactions at consumer's request. The requirements for initial
				notice in WAC
				284-04-200(1)(b),
				the opt out in WAC
				284-04-215 and
				284-04-300 and service providers
				and joint marketing in WAC
				284-04-400 do not apply if the
				licensee discloses nonpublic personal financial information as necessary to
				effect, administer or enforce a transaction that a consumer requests or
				authorizes, or in connection with:
(a)
				Servicing or processing an insurance product or service that a consumer
				requests or authorizes;
(b)
				Maintaining or servicing the consumer's account with a licensee, or with
				another entity as part of a private label credit card program or other
				extension of credit on behalf of such entity;
(c) A proposed or actual securitization,
				secondary market sale (including sales of servicing rights) or similar
				transaction related to a transaction of the consumer; or
(d) Reinsurance or stop loss or excess loss
				insurance.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-04 - Privacy of consumer financial and health information › Part 5 - RULES FOR HEALTH INFORMATION › Section 284-04-500 - Health information privacy policies and procedures

Current through Register Vol. 24-14, July 15, 2024
All licensees shall develop and implement written policies,
				  standards and procedures for the management of health information, including
				  policies, standards and procedures to guard against the unauthorized
				  collection, use or disclosure of nonpublic personal health information by the
				  licensee consistent with regulations adopted by the U.S. Department of Health
				  and Human Services governing health information privacy (  45 C.F.R. 160 through
				  164) which shall include:
(1)
				Limitation on access to health information by only those persons who need to
				use the health information in order to perform their jobs;
(2) Appropriate training for all
				employees;
(3) Disciplinary
				measures for violations of the health information policies, standards and
				procedures;
(4) Identification of
				the job titles and job descriptions of persons that are authorized to disclose
				nonpublic personal health information;
(5) Procedures for authorizing and
				restricting the collection, use or disclosure of nonpublic personal health
				information;
(6) Methods for
				exercising the right to access and amend incorrect nonpublic personal health
				information;
(7) Methods for
				handling, disclosing, storing and disposing of health information;
(8) Periodic monitoring of the employee's
				compliance with the licensee's policies, standards and procedures in a manner
				sufficient for the licensee to determine compliance and to enforce its
				policies, standards and procedures; and
(9) Methods for informing and allowing an
				individual who is the subject of nonpublic personal health information to
				request specialized disclosure or nondisclosure of nonpublic personal health
				information as required in this chapter.
(10) A licensee shall make the health
				information policies, standards and procedures developed pursuant to this
				section available for review by the commissioner.
Statutory Authority:
					 RCW
					 48.43.505 and Gramm-Leach-Bliley Act,
					 Public Law
					 102-106, sec. 501 (b), sec. 505 (b)(2). 01-03-034
					 (Matter No. R 2000-08), §
											284-04-500, filed 1/9/01,
					 effective 2/9/01.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-04 - Privacy of consumer financial and health information › Part 5 - RULES FOR HEALTH INFORMATION › Section 284-04-505 - Nonpublic personal health information - When authorization required

Current through Register Vol. 24-14, July 15, 2024
(1) A licensee
				shall not disclose nonpublic personal health information about a consumer or
				customer unless an authorization is obtained from the consumer or customer
				whose nonpublic personal health information is sought to be
				disclosed.
(2) Except as provided
				in WAC 284-04-510, nothing in this
				section shall prohibit, restrict or require an authorization for the disclosure
				of nonpublic personal health information by a licensee for the performance of
				insurance functions by or on behalf of the licensee, for activities permitted
				under RCW
				 70.02.050, and for activities permitted under
				health privacy regulations adopted by the U.S. Department of Health and Human
				Services governing health information privacy.
Statutory Authority:
					 RCW
					 48.43.505 and Gramm-Leach-Bliley Act,
					 Public Law
					 102-106, sec. 501 (b), sec. 505 (b)(2). 01-03-034
					 (Matter No. R 2000-08), §
											284-04-505, filed 1/9/01,
					 effective 2/9/01.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-04 - Privacy of consumer financial and health information › Part 5 - RULES FOR HEALTH INFORMATION › Section 284-04-510 - Right to limit disclosure of health information

Current through Register Vol. 24-14, July 15, 2024
(1)
(a)
				Notwithstanding other provisions of this chapter, a licensee shall limit
				disclosure of any information, including health information, about an
				individual who is the subject of the information if the individual clearly
				states in writing that disclosure to specified individuals of all or part of
				that information could jeopardize the safety of the individual. Disclosure of
				information under this subsection shall be limited consistent with the
				individual's request, such as a request for the licensee to not release any
				information to a spouse to prevent domestic violence.
(b) Whenever the licensee is a health
				carrier, as defined in WAC
				284-43-0160, and the
				request relates to a protected individual, as defined in
				RCW
				 48.43.005, the health carrier must follow
				RCW
				 48.43.505.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-04 - Privacy of consumer financial and health information › Part 5 - RULES FOR HEALTH INFORMATION › Section 284-04-515 - Authorizations

Current through Register Vol. 24-14, July 15, 2024
(1) A valid
				authorization to disclose nonpublic personal health information pursuant to
				this Article V shall be in written or electronic form and shall contain all of
				the following:
(a) The identity of the
				consumer or customer who is the subject of the nonpublic personal health
				information.
(b) A general
				description of the types of nonpublic personal health information to be
				disclosed.
(c) General descriptions
				of the parties to whom the licensee discloses nonpublic personal health
				information, the purpose of the disclosure and how the information will be
				used.
(d) The signature of the
				consumer or customer who is the subject of the nonpublic personal health
				information or the individual who is legally empowered to grant authority and
				the date signed.
(e) Notice of the
				length of time for which the authorization is valid and that the consumer or
				customer may revoke the authorization at any time and the procedure for making
				such a revocation.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-04 - Privacy of consumer financial and health information › Part 5 - RULES FOR HEALTH INFORMATION › Section 284-04-520 - Authorization request delivery

Current through Register Vol. 24-14, July 15, 2024
A request for authorization and an authorization form may be
				  delivered to a consumer or a customer as part of an opt-out notice pursuant to
				  WAC 284-04-225, provided that the
				  request and the authorization form are clear and conspicuous. An authorization
				  form is not required to be delivered to the consumer or customer or included in
				  any other notices unless the licensee intends to disclose protected health
				  information pursuant to WAC
				  284-04-500(1).
Statutory Authority:
					 RCW
					 48.43.505 and Gramm-Leach-Bliley Act,
					 Public Law
					 102-106, sec. 501 (b), sec. 505 (b)(2). 01-03-034
					 (Matter No. R 2000-08), §
											284-04-520, filed 1/9/01,
					 effective 2/9/01.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-04 - Privacy of consumer financial and health information › Part 5 - RULES FOR HEALTH INFORMATION › Section 284-04-525 - Relationship to state and federal laws

Current through Register Vol. 24-14, July 15, 2024
In the event of a conflict between this chapter and the state
				  or federal laws, licensees shall comply with the state and federal laws
				  governing privacy, as such laws relate to the business of insurance, except as
				  expressly required by this chapter.
Statutory Authority:
					 RCW
					 48.43.505 and Gramm-Leach-Bliley Act,
					 Public Law
					 102-106, sec. 501 (b), sec. 505 (b)(2). 01-03-034
					 (Matter No. R 2000-08), §
											284-04-525, filed 1/9/01,
					 effective 2/9/01.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-04 - Privacy of consumer financial and health information › Part 6 - ADDITIONAL PROVISIONS › Section 284-04-600 - Protection of Fair Credit Reporting Act

Current through Register Vol. 24-14, July 15, 2024
Nothing in this regulation shall be construed to modify,
				  limit or supersede the operation of the Federal Fair Credit Reporting Act (15 U.S.C.
				  1681 et seq.), and no inference shall be
				  drawn on the basis of the provisions of this regulation regarding whether
				  information is transaction or experience information under section 603 of that
				  act.
Statutory Authority:
					 RCW
					 48.43.505 and Gramm-Leach-Bliley Act,
					 Public Law
					 102-106, sec. 501 (b), sec. 505 (b)(2). 01-03-034
					 (Matter No. R 2000-08), §
											284-04-600, filed 1/9/01,
					 effective 2/9/01.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-04 - Privacy of consumer financial and health information › Part 6 - ADDITIONAL PROVISIONS › Section 284-04-605 - Nondiscrimination

Current through Register Vol. 24-14, July 15, 2024
(1) A licensee
				shall not discriminate against any consumer or customer because that consumer
				or customer has opted out from the disclosure of his or her nonpublic personal
				financial information pursuant to the provisions of this regulation.
(2) A licensee shall not discriminate against
				a consumer or customer because that consumer or customer has not granted
				authorization for the disclosure of his or her nonpublic personal health
				information pursuant to the provisions of this regulation.
Statutory Authority:
					 RCW
					 48.43.505 and Gramm-Leach-Bliley Act,
					 Public Law
					 102-106, sec. 501 (b), sec. 505 (b)(2). 01-03-034
					 (Matter No. R 2000-08), §
											284-04-605, filed 1/9/01,
					 effective 2/9/01.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-04 - Privacy of consumer financial and health information › Part 6 - ADDITIONAL PROVISIONS › Section 284-04-610 - Violation

Current through Register Vol. 24-14, July 15, 2024
A violation of this regulation shall be deemed to be an
				  unfair method of competition or an unfair or deceptive act and practice in this
				  state.
Statutory Authority:
					 RCW
					 48.43.505 and Gramm-Leach-Bliley Act,
					 Public Law
					 102-106, sec. 501 (b), sec. 505 (b)(2). 01-03-034
					 (Matter No. R 2000-08), §
											284-04-610, filed 1/9/01,
					 effective 2/9/01.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-04 - Privacy of consumer financial and health information › Part 6 - ADDITIONAL PROVISIONS › Section 284-04-615 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any section or portion of a section of this regulation or
				  the applicability thereof to any person or circumstance is held invalid by a
				  court, the remainder of the regulation or the applicability of the provision to
				  other persons or circumstances shall not be affected.
Statutory Authority:
					 RCW
					 48.43.505 and Gramm-Leach-Bliley Act,
					 Public Law
					 102-106, sec. 501 (b), sec. 505 (b)(2). 01-03-034
					 (Matter No. R 2000-08), §
											284-04-615, filed 1/9/01,
					 effective 2/9/01.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-04 - Privacy of consumer financial and health information › Part 6 - ADDITIONAL PROVISIONS › Section 284-04-620 - Effective date; transition rule

Current through Register Vol. 24-14, July 15, 2024
(1) Effective date. These rules are effective
				July 1, 2001.
(2)
(a) Notice requirement for consumers who are
				the licensee's customers on the compliance date. By July 1, 2001, a licensee
				shall provide an initial notice, as required by WAC
				284-04-200, to consumers who are
				the licensee's customers on July 1, 2001.
(b) Example. A licensee provides an initial
				notice to consumers who are its customers on July 1, 2001, if, by that date,
				the licensee has established a system for providing an initial notice to all
				new customers and has mailed the initial notice to all the licensee's existing
				customers.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-04 - Privacy of consumer financial and health information › Part 6 - ADDITIONAL PROVISIONS › Section 284-04-625 - Security breach notification requirements

Current through Register Vol. 24-14, July 15, 2024
(1) The commissioner defines failure to
				provide notice of security breaches in compliance with this section as an
				unfair practice for the following reasons:
(a) Many licensees fail or periodically fail
				to protect personal information and protected health information as defined in
				subsection (2)(a) and (b) of this section, resulting in security breaches
				affecting their customers or consumers.
(b) When a customer or consumer whose
				personal or protected health information has been breached seeks assistance
				from the commissioner, information about security breaches and what actions a
				licensee is taking to protect customers or consumers must be available to the
				commissioner.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-05 - Washington actuaries regulation › Section 284-05-010 - Title

Current through Register Vol. 24-14, July 15, 2024
These rules, WAC
				284-05-010 through 284-05-070,
				shall be known and may be cited as the "Washington actuaries
				regulation."
Order R-72-1, §
										284-05-010, filed 2/8/72,
				  effective 7/1/72.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-05 - Washington actuaries regulation › Section 284-05-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this regulation is to establish standards for
				use of the terms "actuary" or "actuarial." It is not the purpose of this
				regulation to require any insurer or other person subject to the insurance code
				to employ an actuary except as may be otherwise required by statute or other
				administrative rule.
Order R-72-1, §
										284-05-020, filed 2/8/72,
				  effective 7/1/72.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-05 - Washington actuaries regulation › Section 284-05-030 - Scope

Current through Register Vol. 24-14, July 15, 2024
This regulation shall apply to all reports, statements, and
				other documents filed with the insurance commissioner or issued to the public
				in relation to the business of insurance.
Order R-72-1, §
										284-05-030, filed 2/8/72,
				  effective 7/1/72.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-05 - Washington actuaries regulation › Section 284-05-040 - Restriction on signing as actuary

Current through Register Vol. 24-14, July 15, 2024
No report, statement, or document shall be filed with the
				insurance commissioner or issued to the public in relation to the business of
				insurance if it is signed by a person who is represented in the instrument to
				be an actuary unless the person signing as an actuary is a qualified
				actuary.
Statutory Authority:
				  RCW
				  48.02.060 and
				  48.92.140. 98-11-089 (Matter No. R
				  98-8), §
										284-05-040, filed 5/20/98,
				  effective 6/20/98; Order R-72-1, §
										284-05-040, filed 2/8/72,
				  effective 7/1/72.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-05 - Washington actuaries regulation › Section 284-05-050 - Actuarial representation

Current through Register Vol. 24-14, July 15, 2024
No person in any representation made to the public or to the
				insurance commissioner in respect to any matter subject to this regulation
				shall use the word "actuary" or "actuarial" to indicate a degree of
				professional competence unless such representation was prepared or approved by
				a qualified actuary.
Order R-72-1, §
										284-05-050, filed 2/8/72,
				  effective 7/1/72.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-05 - Washington actuaries regulation › Section 284-05-060 - Qualified actuary defined

Current through Register Vol. 24-14, July 15, 2024
For the purpose of this regulation, a "qualified actuary" is an
				individual who in each particular case or assignment is acting within the scope
				of his or her training, experience and qualifications and:
(1) Is a member of the American Academy of
			 Actuaries; or
(2) Has otherwise
			 demonstrated his or her actuarial competence to the satisfaction of the
			 insurance commissioner, or to the satisfaction of the insurance regulatory
			 official of the domiciliary state of an insurer in the case of any actuarial
			 certification required in connection with an annual statement filed by such
			 insurer.
Statutory Authority:
				  RCW
				  48.02.060 and
				  48.92.140. 98-11-089 (Matter No. R
				  98-8), §
										284-05-060, filed 5/20/98,
				  effective 6/20/98; Order R-76-1, §
										284-05-060, filed 2/25/76; Order
				  R-72-1, §
										284-05-060, filed 2/8/72,
				  effective 7/1/72.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-07 - Requirements as to company reports and annual statements › ANNUAL LIABILITY - INSURANCE REPORT › Section 284-07-010 - Special liability insurance report required annually

Current through Register Vol. 24-14, July 15, 2024
(1) Pursuant to
				RCW
				 48.05.380, each insurer authorized to write
				property and casualty insurance in the state of Washington shall record and
				report its Washington state loss and expense experience and other data, as
				required by
				RCW
				 48.05.390, on a form issued by the
				commissioner.
(2) Each such insurer
				shall complete the form in accordance with the definitions and instructions
				provided by the commissioner.
(3)
				Each such insurer shall submit this report to the insurance commissioner
				annually. The report covering the period ending December 31 of each year must
				be submitted no later than May 1 of the following year.
(4) If an insurer has no data or experience
				to report, it is not required to submit a report.
(5) With respect to products liability data,
				the commissioner finds that comparable information is included in the annual
				statement required by
				RCW
				 48.05.250. Therefore, products liability data
				shall not be reported on the form required by this section.
Statutory Authority:
					 RCW
					 48.02.060,
					 48.05.380, and 48.30.390.
					 03-03-133 (Matter No. R 2002-09), §
											284-07-010, filed 1/22/03,
					 effective 2/22/03. Statutory Authority:
					 RCW
					  48.02.060 and
					 48.05.390. 94-20-049, §
											284-07-010, filed 9/29/94,
					 effective 10/30/94. Statutory Authority:
					 RCW
					  48.02.060 and
					 48.05.380. 89-02-016 (Order R
					 88-16), §
											284-07-010, filed 12/28/88.
					 Statutory Authority:
					 RCW
					  48.05.380. 87-05-011 (Order R 87-2), §
											284-07-010, filed
					 2/11/87.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-07 - Requirements as to company reports and annual statements › ANNUAL AND OTHER STATEMENTS › Section 284-07-050 - Financial statement instructions

Current through Register Vol. 24-14, July 15, 2024
(1) For the purpose of this section, the
				following definitions shall apply:
(a)
				"Insurer" shall have the same meaning as set forth in
				RCW
				 48.01.050. It also includes health care
				service contractors registered under
				chapter
				48.44 RCW, health
				maintenance organizations registered under
				chapter
				48.46 RCW, fraternal
				benefit societies registered under chapter 48.36A RCW, and self-funded multiple
				employer welfare arrangements authorized under chapter 48.125 RCW.
(b) "Insurance" shall have the same meaning
				as set forth in
				RCW
				 48.01.040. It also includes prepayment of
				health care services as set forth in
				RCW
				 48.44.010(3), prepayment of
				comprehensive health care services as set forth in
				RCW
				 48.46.020(1), and health
				care services under
				RCW
				 48.125.010(1).
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-07 - Requirements as to company reports and annual statements › ANNUAL AND OTHER STATEMENTS › Section 284-07-070 - Statements to be filed in electronic form

Current through Register Vol. 24-14, July 15, 2024
(1) For the purpose of this section, the
				following definition shall apply: "Insurer" shall have the same meaning as set
				forth in RCW  48.01.050. It also includes
				health care service contractors registered under
				chapter
				48.44 RCW, health
				maintenance organizations registered under
				chapter
				48.46 RCW, fraternal
				benefit societies registered under chapter 48.36A RCW, and self-funded multiple
				employer welfare arrangements authorized under chapter 48.125 RCW.
(2) Annual statements, quarterly statements,
				and other financial reports filed by an insurer with the commissioner or the
				National Association of Insurance Commissioners must be filed in electronic
				form after September 1, 2014, according to WAC
				284-07-050.
(3) Until the commissioner otherwise directs
				by letter, bulletin, or otherwise, generally or as to one or more companies,
				"electronic form" means internet fil-ing
.
(4) The
				commissioner may allow a reasonable extension of the time for filing the
				financial statements. A request for an extension must be in writing. The
				request must be received prior to the due date of the filing and must state
				good cause for the extension. An extension can only be granted in writing;
				paper, fax, or e-mail is considered "writing" for purposes of this
				subsection.
Statutory Authority:
					 RCW
					  48.02.060,
					 48.44.050, and
					 48.46.200. 02-21-120 (Matter No. R
					 2002-07), §
											284-07-070, filed 10/23/02,
					 effective 11/23/02. Statutory Authority:
					 RCW
					  48.02.060,
					 48.44.050 and
					 48.46.200. 96-17-079 (Matter No. R
					 95-18), §
											284-07-070, filed 8/21/96,
					 effective 9/21/96. Statutory Authority:
					 RCW
					  48.02.060. 93-19-003 (Order R 93-7), §
											284-07-070, filed 9/1/93,
					 effective 10/2/93.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-07 - Requirements as to company reports and annual statements › AUDITED FINANCIAL STATEMENTS › Section 284-07-100 - Purpose and scope

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of
				WAC 284-07-100 through
				284-07-230 is to improve the
				Washington state insurance commissioner's surveillance of the financial
				condition of insurers by requiring:
(a) An
				annual audit of financial statements reporting the financial position and the
				results of operations of insurers by independent certified public
				accountants;
(b) Communications of
				Internal Control Related Matters Noted in an Audit; and
(c) Management's report of internal control
				over financial reporting.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-07 - Requirements as to company reports and annual statements › AUDITED FINANCIAL STATEMENTS › Section 284-07-120 - General requirements related to filing and extensions for filing of annual audited financial reports and audit committee appointment

Current through Register Vol. 24-14, July 15, 2024
(1) All insurers
				shall have an annual audit by an independent certified public accountant and
				shall file an audited financial report with the commissioner on or before June
				1 for the year ended December 31 immediately preceding. The commissioner may
				require an insurer to file an audited financial report earlier than June 1 with
				ninety days advance notice to the insurer.
(2) Extensions of the June 1 filing date may
				be granted by the commissioner for thirty-day periods upon a showing by the
				insurer and its independent certified public accountant of the reasons for
				requesting an extension and determination by the commissioner of good cause for
				an extension. The request for extension must be submitted in writing not less
				than ten days prior to the due date in sufficient detail to permit the
				commissioner to make an informed decision with respect to the requested
				extension.
(3) If an extension is
				granted in accordance with the provisions in subsection (2) of this section, a
				similar extension of thirty days is granted to the filing of management's
				report of internal control over financial reporting.
(4) Every insurer required to file an annual
				audited financial report pursuant to WAC
				284-07-100 through
				284-07-230 shall designate a
				group of individuals as constituting its audit committee, as defined in WAC
				284-07-110(3).
				The audit committee of an entity that controls an insurer may be deemed to be
				the insurer's audit committee for purposes of WAC
				284-07-100 through
				284-07-230 at the election of the
				controlling person.
Statutory Authority:
					 RCW
					 48.02.060,
					 48.44.050,
					 48.46.200,
					 48.05.250,
					 48.44.095,
					 48.46.080,
					 48.46.200, and
					 48.125.090. 09-20-069 (Matter No.
					 R 2009-09), §
											284-07-120, filed 10/5/09,
					 effective 11/5/09. Statutory Authority:
					 RCW
					 48.02.060. 92-19-040 (Order R 92-10), §
											284-07-120, filed 9/9/92,
					 effective 10/10/92.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-07 - Requirements as to company reports and annual statements › AUDITED FINANCIAL STATEMENTS › Section 284-07-130 - Contents of annual audited financial report

Current through Register Vol. 24-14, July 15, 2024
(1) The annual audited financial report shall
				report the financial position of the insurer as of the end of the most recent
				calendar year and the results of its operations, cash flows, and changes in
				capital and surplus for the year then ended in conformity with statutory
				accounting practices prescribed, or otherwise permitted, by the commissioner of
				the state of domicile.
(2) The
				annual audited financial report shall include the following:
(a) Report of independent certified public
				accountant.
(b) Balance sheet
				reporting admitted assets, liabilities, capital, and surplus.
(c) Statement of operations.
(d) Statement of cash flows.
(e) Statement of changes in capital and
				surplus.
(f) Notes to financial
				statements. These notes shall be those required by the appropriate NAIC Annual
				Statement Instructions and
NAIC Accounting Practices and Procedures
				Manual
. The notes shall include a reconciliation of differences, if
				any, between the audited statutory financial statements and the annual
				statement filed pursuant to
				RCW
				 48.05.250,
				48.05.073,
				48.36A.260, 48.43.050,
				48.43.097,
				48.44.095,
				48.46.080, or
				48.125.090 with a written
				description of the nature of these differences.
(g) The financial statements included in the
				audited financial report shall be prepared in a form and using language and
				groupings substantially the same as the relevant sections of the annual
				statement of the insurer filed with the commissioner, and the financial
				statement shall be comparative, presenting the amounts as of December 31 of the
				current year and the amounts as of the immediately preceding December 31.
				However, in the first year in which an insurer is required to file an audited
				financial report, the comparative data may be omitted.