title: RCW 47.87.150

text:
(1)(a) Any person involved in the construction of a bridge under this chapter may apply for deferral of state and local sales and use taxes on the site preparation for, the construction of, the acquisition of any related machinery and equipment that will become a part of, and the rental of equipment for use in, the bridge.
(b) Applications shall be made to the department of revenue in a form and manner prescribed by the department of revenue. The application must contain information regarding estimated or actual costs, time schedules for completion and operation, and other information required by the department of revenue. The department of revenue shall approve the application within 60 days if it meets the requirements of this section.
(2) The department of revenue shall issue a sales and use tax deferral certificate for state and local sales and use taxes imposed or authorized under chapters 82.08, 82.12, and 82.14 RCW and RCW 81.104.170 on the bridge.
(3) A person granted a tax deferral under this section shall begin paying the deferred taxes in the fifth year after the date certified by the department of revenue as the date on which the bridge is operationally complete. The project is operationally complete under this section upon notification in writing by the commission to the department of revenue that the bridge is constructed and opened to traffic. The first payment is due on December 31st of the fifth calendar year after the certified date, with subsequent annual payments due on December 31st of the following nine years. Each payment shall equal 10 percent of the deferred tax.
(4) The department of revenue may authorize an accelerated repayment schedule upon request of a person granted a deferral under this section.
(5) Interest shall not be charged on any taxes deferred under this section for the period of deferral, although all other penalties and interest applicable to delinquent excise taxes may be assessed and imposed for delinquent payments under this section. The debt for deferred taxes is not extinguished by insolvency or other failure of any private entity granted a deferral under this section.
(6) Applications and any other information received by the department of revenue under this section are not confidential and are subject to disclosure. Chapter 82.32 RCW applies to the administration of this section.
(7) A public road contractor who applies for a deferral may not invoice a commission for sales and use taxes until after the taxes have been paid to the department of revenue.
(8) The provisions of RCW 82.32.805 and 82.32.808 do not apply to this section.
(9) For purposes of this section, "person" has the same meaning as in RCW 82.04.030 and also includes a commission under this chapter.
[ 2022 c 89 s 16.]

catchline: Deferral of state and local sales and use taxes—Repayment schedule—Interest.


doc_type: statute

jurisdiction: wa

title: RCW 47.87.160

text:
The office of the attorney general must give notice that the condition in RCW 47.87.030(1) has been met to the transportation committees of the house of representatives and senate and the office of the code reviser.
[ 2022 c 89 s 17.]
Notes:
Reviser's note: The office of the code reviser has received notice from the office of the attorney general that an act by a bordering state having the same material effect as chapter 89, Laws of 2022 has been enacted.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Notice.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 47.87.900

text:
(1) This chapter is liberally construed to effectuate the purposes of the commission, and the powers and authority granted to the commission under this chapter are deemed supplemental to all other powers and authorities granted to municipal corporations under applicable law.
(2) If any provision of this chapter, or its application to any person or circumstance, is held to be invalid, all other provisions of this chapter, and the application of all of its provisions to all other persons and circumstances, shall remain valid, and to this end the provisions of this chapter are severable.
(3) No legal challenge to the formation of the commission intended to be authorized or created pursuant to this chapter may be commenced more than 30 days after the effective date of the commission formation agreement.
[ 2022 c 89 s 15.]

catchline: Construction.


title: RCW 47.98.010

text:
The provisions of this title insofar as they are substantially the same as statutory provisions repealed by this chapter, and relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. Nothing in this 1961 reenactment of this title shall be construed as authorizing any new bond issues or new or additional appropriations of moneys but the bond issue authorizations herein contained shall be construed only as continuations of bond issues authorized by prior laws herein repealed and reenacted, and the appropriations of moneys herein contained are continued herein for historical purposes only and this act shall not be construed as a reappropriation thereof and no appropriation contained herein shall be deemed to be extended or revived hereby and such appropriation shall lapse or shall have lapsed in accordance with the original enactment: PROVIDED, That this act shall not operate to terminate, extend, or otherwise affect any appropriation for the biennium commencing July 1, 1959 and ending June 30, 1961.
[ 1961 c 13 s 47.98.010.]

catchline: Continuation of existing law.


title: RCW 47.98.020

text:
The provisions of this title shall be construed in pari materia even though as a matter of prior legislative history they were not originally enacted in the same statute. The provisions of this title shall also be construed in pari materia with the provisions of Title 46 RCW, and with other laws relating to highways, roads, streets, bridges, ferries and vehicles. This section shall not operate retroactively.
[ 1961 c 13 s 47.98.020.]

catchline: Provisions to be construed in pari materia.


title: RCW 47.98.030

text:
Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any part of the law.
[ 1961 c 13 s 47.98.030.]

catchline: Title, chapter, section headings not part of law.


title: RCW 47.98.040

text:
If any provision of this title, or its application to any person or circumstance is held invalid, the remainder of the title, or the application of the provision to other persons or circumstances is not affected.
[ 1961 c 13 s 47.98.040.]

catchline: Invalidity of part of title not to affect remainder.


title: RCW 47.98.050

text: See 1961 c 13 s 47.98.050.

catchline: Repeals and saving.


title: RCW 47.98.060

text:
This act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing institutions and shall take effect immediately: PROVIDED, That the effective date of sections *47.16.160, 47.20.110, and 47.20.380 shall be July 1, 1961.
[ 1961 c 13 s 47.98.060.]
Notes:
*Reviser's note: RCW 47.16.160, 47.20.110, and 47.20.380 were repealed by 1970 ex.s. c 51.

catchline: Emergency—1961 c 13.


title: RCW 47.98.070

text:
If any part of this title or any section of this 1977 amendatory act is ruled to be in conflict with federal requirements which are a prescribed condition of the allocation of federal funds to the state, or to any department or agencies thereof, such conflicting part or section is declared to be inoperative solely to the extent of the conflict. No such ruling shall affect the operation of the remainder of the act. Any internal reorganization carried out under the terms of this title or any section of this 1977 amendatory act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state.
[ 1977 ex.s. c 151 s 76.]

catchline: Federal requirements.


title: RCW 47.98.090

text:
The rule of strict construction shall have no application to this title, and it shall be liberally construed in order to carry out the objectives for which it is designed. Any ambiguities arising from its interpretation should be resolved consistently with the broad purposes set forth in *RCW 47.01.011.
[ 1977 ex.s. c 151 s 78.]
Notes:
*Reviser's note: RCW 47.01.011 was decodified pursuant to 1985 c 6 s 26.

catchline: Liberal construction.


title: RCW 48.01.010

text:
Title 48 RCW constitutes the insurance code.
[ 1975 1st ex.s. c 266 s 2; 1947 c 79 s .01.01; Rem. Supp. 1947 s 45.01.01.]
Notes:
Severability—1975 1st ex.s. c 266: "If any provision of this 1975 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1975 1st ex.s. c 266 s 21.]

catchline: Short title.


title: RCW 48.01.020

text:
All insurance and insurance transactions in this state, or affecting subjects located wholly or in part or to be performed within this state, and all persons having to do therewith are governed by this code.
[1947 c 79 s .01.02; Rem. Supp. 1947 s 45.01.02.]

catchline: Scope of code.


title: RCW 48.01.030

text:
The business of insurance is one affected by the public interest, requiring that all persons be actuated by good faith, abstain from deception, and practice honesty and equity in all insurance matters. Upon the insurer, the insured, their providers, and their representatives rests the duty of preserving inviolate the integrity of insurance.
[ 1995 c 285 s 16; 1947 c 79 s .01.03; Rem. Supp. 1947 s 45.01.03.]
Notes:
Effective date—1995 c 285: See RCW 48.30A.900.

catchline: Public interest.


title: RCW 48.01.035

text:
The term "developmental disability" as used in this title means a disability attributable to intellectual disability, cerebral palsy, epilepsy, autism, or another neurological condition closely related to an intellectual disability or to require treatment similar to that required for persons with intellectual disabilities, which disability originates before such individual attains age eighteen, which has continued or can be expected to continue indefinitely, and which constitutes a substantial limitation to such individual.
[ 2010 c 94 s 14; 1985 c 264 s 1.]
Notes:
Purpose—2010 c 94: See note following RCW 44.04.280.

catchline: "Developmental disability" defined.


title: RCW 48.01.040

text:
Insurance is a contract whereby one undertakes to indemnify another or pay a specified amount upon determinable contingencies.
[1947 c 79 s .01.04; Rem. Supp. 1947 s 45.01.04.]

catchline: "Insurance" defined.


title: RCW 48.01.050

text:
"Insurer" as used in this code includes every person engaged in the business of making contracts of insurance, other than a fraternal benefit society. A reciprocal or interinsurance exchange is an "insurer" as used in this code. Two or more hospitals that join and organize as a mutual corporation pursuant to chapter 24.06 RCW for the purpose of insuring or self-insuring against liability claims, including medical liability, through a contributing trust fund are not an "insurer" under this code. Two or more local governmental entities, under any provision of law, that join together and organize to form an organization for the purpose of jointly self-insuring or self-funding are not an "insurer" under this code. Two or more affordable housing entities that join together and organize to form an organization for the purpose of jointly self-insuring or self-funding under chapter 48.64 RCW are not an "insurer" under this code. Two or more persons engaged in the business of commercial fishing who enter into an arrangement with other such persons for the pooling of funds to pay claims or losses arising out of loss or damage to a vessel or machinery used in the business of commercial fishing and owned by a member of the pool are not an "insurer" under this code. Two or more nonprofit corporations that join together and organize to form an organization for the purpose of jointly self-insuring or self-funding for property and liability risks under chapter 48.180 RCW are not an "insurer" under this code.
[ 2015 c 109 s 1; 2009 c 314 s 19; 2003 c 248 s 1; 1990 c 130 s 1; 1985 c 277 s 9; 1979 ex.s. c 256 s 13; 1975-'76 2nd ex.s. c 13 s 1; 1947 c 79 s .01.05; Rem. Supp. 1947 s 45.01.05.]
Notes:
Effective date—2009 c 314: See RCW 48.64.900.
Retrospective application—1985 c 277: "This act applies retrospectively to group self-funded plans formed on or after January 1, 1983." [ 1985 c 277 s 10.]
"Domestic," "foreign," "alien" insurers defined: RCW 48.05.010.
Merger, rehabilitation, liquidation situations—"Insurer" defined: RCW 48.31.020, 48.99.010.
"Reciprocal insurance, insurer" defined: RCW 48.10.010, 48.10.020.

catchline: "Insurer" defined.


title: RCW 48.01.053

text:
"Issuer" as used in this title and chapter 26.18 RCW means insurer, fraternal benefit society, certified health plan, health maintenance organization, and health care service contractor.
[ 1995 c 34 s 1.]

catchline: "Issuer" defined.


title: RCW 48.01.060

text:
"Insurance transaction" includes any:
(1) Solicitation.
(2) Negotiations preliminary to execution.
(3) Execution of an insurance contract.
(4) Transaction of matters subsequent to execution of the contract and arising out of it.
(5) Insuring.
[1947 c 79 s .01.06; Rem. Supp. 1947 s 45.01.06.]

catchline: "Insurance transaction" defined.


title: RCW 48.01.070

text:
"Person" means any individual, company, insurer, association, organization, reciprocal or interinsurance exchange, partnership, business trust, or corporation.
[1947 c 79 s .01.07; Rem. Supp. 1947 s 45.01.07.]

catchline: "Person" defined.


title: RCW 48.01.080

text:
Except as otherwise provided in this code, any person violating any provision of this code is guilty of a gross misdemeanor and will, upon conviction, be fined not less than ten dollars nor more than one thousand dollars, or imprisoned for not more than three hundred sixty-four days, or both, in addition to any other penalty or forfeiture provided herein or otherwise by law.
[ 2011 c 96 s 37; 2003 c 250 s 1; 1947 c 79 s .01.08; Rem. Supp. 1947 s 45.01.08.]
Notes:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Severability—2003 c 250: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2003 c 250 s 15.]

catchline: Penalties.


title: RCW 48.01.100

text:
Continuation by this code of any office existing under any act repealed herein preserves the tenure of the individual holding the office at the effective date of this code.
[1947 c 79 s .01.10; Rem. Supp. 1947 s 45.01.10.]

catchline: Existing officers.


title: RCW 48.01.110

text:
Every license or certificate of authority in force immediately prior to the effective date of this code and existing under any act herein repealed is valid until its original expiration date, unless earlier terminated in accordance with this code.
[1947 c 79 s .01.11; Rem. Supp. 1947 s 45.01.11.]

catchline: Existing licenses.


title: RCW 48.01.120

text:
Every form of insurance document in use at the effective date of this code in accordance with the commissioner's approval pursuant to any act herein repealed, may continue to be so used unless the commissioner otherwise prescribes in accordance with this code.
[1947 c 79 s .01.12; Rem. Supp. 1947 s 45.01.12.]

catchline: Existing insurance forms.


title: RCW 48.01.130

text:
No action or proceeding commenced, and no violation of law existing, under any act herein repealed is affected by the repeal, but all procedure hereafter taken in reference thereto shall conform to this code as far as possible.
[1947 c 79 s .01.13; Rem. Supp. 1947 s 45.01.13.]

catchline: Existing actions, violations.


title: RCW 48.01.140

text:
The meaning or scope of any provision is not affected by chapter, section, or paragraph headings.
[1947 c 79 s .01.14; Rem. Supp. 1947 s 45.01.14.]

catchline: Headings.


title: RCW 48.01.150

text:
Provisions of this code relating to a particular kind of insurance or a particular type of insurer or to a particular matter prevail over provisions relating to insurance in general or insurers in general or to such matter in general.
[1947 c 79 s .01.15; Rem. Supp. 1947 s 45.01.15.]

catchline: Particular provisions prevail.


title: RCW 48.01.160

text:
Repeal by this code of any act shall not revive any law heretofore repealed or superseded.
[1947 c 79 s .01.16; Rem. Supp. 1947 s 45.01.16.]

catchline: Repealed acts not revived.


title: RCW 48.01.170

text:
This code shall become effective on the first day of October, 1947.
[1947 c 79 s .01.17; Rem. Supp. 1947 s 45.01.17.]

catchline: Effective date—1947 c 79.


title: RCW 48.01.180

text:
(1) A child of an insured, subscriber, or enrollee shall be considered a dependent child for insurance purposes under this title upon assumption by the insured, subscriber, or enrollee of a legal obligation for total or partial support of a child in anticipation of adoption of the child. Upon the termination of such legal obligations, the child shall not be considered a dependent child for insurance purposes.
(2) Every policy or contract providing coverage for health benefits to a resident of this state shall provide coverage for dependent children placed for adoption under the same terms and conditions as apply to the natural, dependent children of the insured, subscriber, or enrollee whether or not the adoption has become final.
(3) No policy or contract may restrict coverage of any dependent child adopted by, or placed for adoption with, an insured, subscriber, or enrollee solely on the basis of a preexisting condition of the child at the time that the child would otherwise become eligible for coverage under the plan if the adoption or placement for adoption occurs while the insured, subscriber, or enrollee is eligible for coverage under the plan.
[ 1995 c 34 s 4; 1986 c 140 s 1.]
Notes:
Effective date, application—1986 c 140: "This act shall take effect January 1, 1987, and shall apply to all contracts or agreements issued, renewed, or delivered on or after January 1, 1987." [ 1986 c 140 s 6.]
Severability—1986 c 140: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1986 c 140 s 7.]

catchline: Adopted children—Insurance coverage.


title: RCW 48.01.190

text:
(1) Any person who files reports, or furnishes other information, required under Title 48 RCW, required by the commissioner under authority granted by Title 48 RCW, useful to the commissioner in the administration of Title 48 RCW, or furnished to the National Association of Insurance Commissioners at the request of the commissioner or pursuant to Title 48 RCW, shall be immune from liability in any civil action or suit arising from the filing of any such report or furnishing such information to the commissioner or the National Association of Insurance Commissioners, unless actual malice, fraud, or bad faith is shown.
(2) The commissioner and the National Association of Insurance Commissioners, and the agents and employees of each, are immune from liability in any civil action or suit arising from the publication of any report or bulletin or dissemination of information related to the official activities of the commissioner or the National Association of Insurance Commissioners, unless actual malice, fraud, or bad faith is shown.
(3) Any licensee under chapter 48.17 RCW and any trade association of the licensees under chapter 48.15 RCW, and any officer, director, employee, agent, or committee of the licensee or association who furnishes information to or for the commissioner or to or for the association regarding unauthorized insurers or regarding attempts by any person to place or actual placement by any person of business with the insurers, whether in compliance with chapter 48.15 RCW or not, shall be immune from each and every kind of liability in any civil action or suit arising in whole or in part from the information or from the furnishing of the information.
(4) The immunity granted by this section is in addition to any common law or statutory privilege or immunity enjoyed by such person, and nothing in this section is intended to abrogate or modify in any way such common law or statutory privilege or immunity.
[ 1995 c 10 s 1; 1987 c 51 s 1.]

catchline: Immunity from civil liability.


title: RCW 48.01.220

text:
The activities and operations of behavioral health administrative services organizations, as defined in RCW 71.24.025, are exempt from the requirements of this title.
[ 2019 c 325 s 5017; 2014 c 225 s 69; 1993 c 462 s 104.]
Notes:
Effective date—2019 c 325: See note following RCW 71.24.011.
Effective date—2014 c 225: See note following RCW 71.24.016.
Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.

catchline: Behavioral health administrative services organizations—Exemption.


title: RCW 48.01.230

text:
An issuer and an employee welfare benefit plan, whether insured or self funded, as defined in the employee retirement income security act of 1974, 29 U.S.C. Sec. 1101 et seq. may not consider the availability of eligibility for medical assistance in this state under medical assistance, RCW 74.09.500, or any other state under 42 U.S.C. Sec. 1396a, section 1902 of the social security act, in considering eligibility for coverage or making payments under its plan for eligible enrollees, subscribers, policyholders, or certificate holders.
[ 1995 c 34 s 2.]

catchline: Eligibility for coverage or making payments may not be contingent on eligibility for medical assistance.


title: RCW 48.01.235

text:
(1) An issuer and an employee welfare benefit plan, whether insured or self funded, as defined in the employee retirement income security act of 1974, 29 U.S.C. Sec. 1101 et seq. may not deny enrollment of a child under the health plan of the child's parent on the grounds that:
(a) The child was born out of wedlock;
(b) The child is not claimed as a dependent on the parent's federal tax return; or
(c) The child does not reside with the parent or in the issuer's, or insured or self funded employee welfare benefit plan's service area.
(2) Where a child has health coverage through an issuer, or an insured or self funded employee welfare benefit plan of a noncustodial parent, the issuer, or insured or self funded employee welfare benefit plan, shall:
(a) Provide such information to the custodial parent as may be necessary for the child to obtain benefits through that coverage;
(b) Permit the provider or the custodial parent to submit claims for covered services without the approval of the noncustodial parent. If the provider submits the claim, the provider will obtain the custodial parent's assignment of insurance benefits or otherwise secure the custodial parent's approval.
For purposes of this subsection the health care authority as the state medicaid agency under RCW 74.09.500 may reassign medical insurance rights to the provider for custodial parents whose children are eligible for services under RCW 74.09.500; and
(c) Make payments on claims submitted in accordance with (b) of this subsection directly to the custodial parent, to the provider, or to the health care authority as the state medicaid agency under RCW 74.09.500.
(3) Where a child does not reside in the issuer's service area, an issuer shall cover no less than urgent and emergent care. Where the issuer offers broader coverage, whether by policy or reciprocal agreement, the issuer shall provide such coverage to any child otherwise covered that does not reside in the issuer's service area.
(4) Where a parent is required by a court order to provide health coverage for a child, and the parent is eligible for family health coverage, the issuer, or insured or self funded employee welfare benefit plan, shall:
(a) Permit the parent to enroll, under the family coverage, a child who is otherwise eligible for the coverage without regard to any enrollment season restrictions;
(b) Enroll the child under family coverage upon application of the child's other parent, health care authority as the state medicaid agency under RCW 74.09.500, or child support enforcement program, if the parent is enrolled but fails to make application to obtain coverage for such child; and
(c) Not disenroll, or eliminate coverage of, such child who is otherwise eligible for the coverage unless the issuer or insured or self funded employee welfare benefit plan is provided satisfactory written evidence that:
(i) The court order is no longer in effect; or
(ii) The child is or will be enrolled in comparable health coverage through another issuer, or insured or self funded employee welfare benefit plan, which will take effect not later than the effective date of disenrollment.
(5) An issuer, or insured or self funded employee welfare benefit plan, that has been assigned the rights of an individual eligible for medical assistance under medicaid and coverage for health benefits from the issuer, or insured or self funded employee welfare benefit plan, may not impose requirements on the health care authority that are different from requirements applicable to an agent or assignee of any other individual so covered.
[ 2011 1st sp.s. c 15 s 76; 2003 c 248 s 2; 1995 c 34 s 3.]
Notes:
Effective date—Findings—Intent—Report—Agency transfer—References to head of health care authority—Draft legislation—2011 1st sp.s. c 15: See notes following RCW 74.09.010.

catchline: Enrollment of a child under the health plan of the child's parent—Requirements—Restrictions.


title: RCW 48.01.250

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

catchline: Assistance or services in exchange for dues, assessments, or periodic or lump sum payments—Certificate of authority required—Certain travel or automobile services excepted—Violations.


title: RCW 48.01.260

text:
(1) Except as required in RCW 48.21.045, 48.44.023, and 48.46.066, nothing in this title shall be construed to require a carrier, as defined in RCW 48.43.005, to offer any health benefit plan for sale.
(2) Nothing in this title shall prohibit a carrier as defined in RCW 48.43.005 from ceasing sale of any or all health benefit plans to new applicants if the closed plans are closed to all new applicants.
(3) This section is intended to clarify, and not modify, existing law.
[ 2000 c 79 s 40.]
Notes:
Effective date—Severability—2000 c 79: See notes following RCW 48.04.010.


title: RCW 48.01.270

text:
The activities and operations of PACE programs, as defined in RCW 74.09.523 and as authorized under sections 1894, 1905(a), and 1934 of the social security act, when registered, certified, licensed, or otherwise recognized or designated as a PACE program by the Washington state department of social and health services, are exempt from the requirements of this title.
[ 2001 c 191 s 3.]
Notes:
Finding—Effective date—2001 c 191: See notes following RCW 74.09.523.

catchline: PACE programs—Exemption.


title: RCW 48.01.280

text:
(1) A private air ambulance service that solicits membership subscriptions, accepts membership applications, charges membership fees, and provides air ambulance services, to subscription members and designated members of their household is not an insurer under RCW 48.01.050, a health carrier under chapter 48.43 RCW, a health care services contractor under chapter 48.44 RCW, or a health maintenance organization under chapter 48.46 RCW if the private air ambulance service:
(a) Is licensed in accordance with RCW 18.73.130;
(b) Attains and maintains accreditation by the commission on accreditation of medical transport services or another accrediting organization approved by the department of health as having equivalent requirements as the commission for aeromedical transport;
(c) Has been in operation in Washington for at least two years; and
(d) Has submitted evidence of its compliance with this section, the licensing requirements of RCW 18.73.130, and accreditation from the commission or another accrediting organization approved by the department of health as having equivalent requirements as the commission for aeromedical transport to the commissioner.
(2) A subscription service that solicits membership subscriptions, charges membership fees, and provides rescue, evacuation, emergency transport, and crisis management and consulting services related to an emergency while traveling more than one hundred miles away from home, to its members or designated members of a member's household is not an insurer under RCW 48.01.050, a health carrier under chapter 48.43 RCW, a health care services contractor under chapter 48.44 RCW, or a health maintenance organization under chapter 48.46 RCW. Rescue, evacuation, emergency transport, and crisis management and consulting services related to an emergency , include the following:
(a) Providing rescue, evacuation, and emergency transport and crisis management services related to the emergency;
(b) Locator services for medical and legal professionals;
(c) Visa and passport services;
(d) Emergency message services;
(e) Emergency-related travel and emergency-related services and information;
(f) Transport of human remains; and
(g) Other services established by rule of the commissioner.
(3) A subscription service that provides rescue, evacuation, emergency transport, and crisis management and consulting services related to an emergency as described in subsection (2) of this section must satisfy, or contract with a service provider which satisfies, the licensing requirements, if any, of the jurisdiction in which the services are provided. The requirements of subsection (1) of this section must be satisfied when providing air ambulance services within the state of Washington.
(4) It is not required that a subscription service under subsection (1) or (2) of this section own the vehicles, planes, helicopters, other aircraft, maritime vessels, or other means of transportation that will be used to provide the contracted services.
[ 2012 c 93 s 1; 2006 c 61 s 1.]

catchline: Private air ambulance service—Subscription service—Exempt when conditions are met.


title: RCW 48.01.290

text:
(1) It is the public policy of the state of Washington to promote ready access to legal assistance and counsel for all citizens of the state and to authorize that legal service contractors can issue legal service plans to businesses and individuals in the state of Washington.
(2) Legal service contractors are not insurers under RCW 48.01.050 and legal service plans are not insurance under RCW 48.01.040.
(3) This section does not in any way affect the practice of law in this state.
(4) This section does not apply to or affect any of the following arrangements:
(a) Retainer, fee, engagement, or representation agreements made by an attorney or firm of attorneys with any person or group other than a legal service contractor;
(b) Referral of individual clients to an attorney by a nonprofit lawyer referral service or public corporation or entity such as state or local bar association provided there is no fee or charge for such referral;
(c) Employee welfare benefit plans to the extent that state law or regulation is preempted by federal law or regulation;
(d) The provision of legal assistance to low or moderate-income persons by nonprofit legal aid organizations or legal aid programs affiliated with the Washington state bar association, a local bar association, a law school accredited by the American bar association, or a program operated in conjunction with a paralegal education program approved by the American bar association; or
(e) Policies of insurance, or coverage incidental to such insurance which may include legal defense, issued by an insurer holding a valid certificate of authority in this state and issued under applicable laws in this title pertaining to such insurance.
(5) For the purposes of this section:
(a) "Legal service contractor" means any person, entity, or group of persons, including associations, who does not engage in the practice of law or the business of insurance and who, for consideration, provides members with access to legal services through agreements with providing attorneys.
(b) "Legal service plan" or "plan" means an arrangement between a legal service contractor and an individual or person or group of individuals or persons, whereby specified legal services may be provided to, or provided at discounted rates to[,] members by providing attorneys in consideration of a periodic payment that does not constitute payment of attorney fees of any providing attorneys.
(c) "Member" means an individual, person, or group of individuals or persons eligible to receive legal services under a legal service plan.
(d) "Providing attorney" means an attorney licensed, in good standing, and eligible to practice law in this state who provides legal services under a providing attorney agreement in accordance with the terms of the legal service plan, and pursuant to an engagement agreement between the providing attorney and the member.
(e) "Providing attorney agreement" means a written contract or agreement between a legal service contractor and a providing attorney under which the providing attorney renders and provides legal services to members of a legal service plan.
[ 2023 c 3 s 1.]

catchline: Legal service plans—Practice of law—Application.


title: RCW 48.02.010

text:
(1) There shall be an insurance commissioner of this state who shall be elected at the time and in the manner that other state officers are elected.
(2) The commissioner in office at the effective date of this code shall continue in office for the remainder of the term for which he or she was elected and until his or her successor is duly elected and qualified.
(3) "Commissioner," where used in this code, means the insurance commissioner of this state.
[ 2009 c 549 s 7001; 1947 c 79 s .02.01; Rem. Supp. 1947 s 45.02.01.]

catchline: Insurance commissioner.


title: RCW 48.02.020

text:
The term of office of the commissioner shall be four years, commencing on the Wednesday after the second Monday in January after his or her election.
[ 2009 c 549 s 7002; 1947 c 79 s .02.02; Rem. Supp. 1947 s 45.02.02.]

catchline: Term of office.


title: RCW 48.02.030

text:
Before entering upon his or her duties the commissioner shall execute a bond to the state in the sum of twenty-five thousand dollars, to be approved by the state treasurer and the attorney general, conditioned upon the faithful performance of the duties of his or her office.
[ 2009 c 549 s 7003; 1947 c 79 s .02.03; Rem. Supp. 1947 s 45.02.03.]

catchline: Bond.


title: RCW 48.02.050

text:
The official seal of the commissioner shall be a vignette of George Washington, with the words "Insurance Commissioner, State of Washington" surrounding the vignette.
[1947 c 79 s .02.05; Rem. Supp. 1947 s 45.02.05.]

catchline: Seal.


title: RCW 48.02.060

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

catchline: General powers and duties—State of emergency.


title: RCW 48.02.062

text:
The insurance commissioner may adopt rules to implement *RCW 48.21.241, 48.44.341, and 48.46.291, except that the rules do not apply to health benefit plans administered or operated under chapter 41.05 or 70.47 RCW.
[ 2005 c 6 s 10.]
Notes:
*Reviser's note: RCW 48.21.241, 48.44.341, and 48.46.291 were repealed by 2025 c 227 s 11, effective January 1, 2027.
Findings—Intent—Severability—2005 c 6: See notes following RCW 41.05.600.

catchline: Mental health services—Rules.


title: RCW 48.02.065

text:
(1) Documents, materials, or other information as described in subsections (5), (6), (7), and (8) of this section are confidential by law and privileged, are not subject to public disclosure under chapter 42.56 RCW, and are not subject to subpoena directed to the commissioner or any person who received documents, materials, or other information while acting under the authority of the commissioner. The commissioner is authorized to use such documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the commissioner's official duties. The confidentiality and privilege created by this section and RCW 42.56.400(8) applies only to the commissioner, any person acting under the authority of the commissioner, the national association of insurance commissioners and its affiliates and subsidiaries, regulatory and law enforcement officials of other states and nations, the federal government, and international authorities.
(2) Neither the commissioner nor any person who received documents, materials, or other information while acting under the authority of the commissioner is permitted or required to testify in any private civil action concerning any confidential and privileged documents, materials, or information subject to subsection (1) of this section.
(3) The commissioner:
(a) May share documents, materials, or other information, including the confidential and privileged documents, materials, or information subject to subsection (1) of this section, with (i) the national association of insurance commissioners and its affiliates and subsidiaries, (ii) regulatory and law enforcement officials of other states and nations, the federal government, and international authorities, and (iii) agencies of this state, if the recipient agrees to maintain the confidentiality and privileged status of the document, material, or other information;
(b) May receive documents, materials, or information, including otherwise either confidential or privileged, or both, documents, materials, or information, from (i) the national association of insurance commissioners and its affiliates and subsidiaries, and (ii) regulatory and law enforcement officials of other states and nations, the federal government, and international authorities and shall maintain as confidential and privileged any document, material, or information received that is either confidential or privileged, or both, under the laws of the jurisdiction that is the source of the document, material, or information; and
(c) May enter into agreements governing the sharing and use of information consistent with this subsection.
(4) No waiver of an existing privilege or claim of confidentiality in the documents, materials, or information may occur as a result of disclosure to the commissioner under this section or as a result of sharing as authorized in subsection (3) of this section.
(5) Documents, materials, or information, which is either confidential or privileged, or both, which has been provided to the commissioner by (a) the national association of insurance commissioners and its affiliates and subsidiaries, (b) regulatory or law enforcement officials of other states and nations, the federal government, or international authorities, or (c) agencies of this state, is confidential and privileged only if the documents, materials, or information is protected from disclosure by the applicable laws of the jurisdiction that is the source of the document, material, or information.
(6) Working papers, documents, materials, or information produced by, obtained by, or disclosed to the commissioner or any other person in the course of a financial or market conduct examination, or in the course of financial analysis or market conduct desk audit, are not required to be disclosed by the commissioner unless cited by the commissioner in connection with an agency action as defined in RCW 34.05.010(3). The commissioner shall notify a party that produced the documents, materials, or information five business days before disclosure in connection with an agency action. The notified party may seek injunctive relief in any Washington state superior court to prevent disclosure of any documents, materials, or information it believes is confidential or privileged. In civil actions between private parties or in criminal actions, disclosure to the commissioner under this section does not create any privilege or claim of confidentiality or waive any existing privilege or claim of confidentiality.
(7) Documents, materials, or information provided to the commissioner by the federal government related to emergency management, hazard mitigation, and the national flood insurance program are confidential by law and privileged, and are not subject to public disclosure under chapter 42.56 RCW.
(8) Data requested by the commissioner from property and casualty entities regulated by the commissioner for the purpose of understanding and studying insurance market conditions outside the context of market conduct action is confidential by law and privileged and is not subject to public disclosure under chapter 42.56 RCW. Nothing in this section prohibits the commissioner from preparing and publishing reports, analysis, or other documents using the data received from individual property and casualty companies so long as the data in the report is in aggregate form and does not permit the identification of information related to individual companies. Data in the aggregate form are deemed open records available for public inspection. Nothing in this section affects, limits, or amends the commissioner's authority under chapter 48.37 RCW.
(9)(a) After receipt of a public disclosure request, the commissioner shall disclose the documents, materials, or information under subsection (6) of this section that relate to a financial or market conduct examination undertaken as a result of a proposed change of control of a nonprofit or mutual health insurer governed in whole or in part by chapter 48.31B RCW.
(b) The commissioner is not required to disclose the documents, materials, or information in (a) of this subsection if:
(i) The documents, materials, or information are otherwise privileged or exempted from public disclosure; or
(ii) The commissioner finds that the public interest in disclosure of the documents, materials, or information is outweighed by the public interest in nondisclosure in that particular instance.
(10) Any person may petition a Washington state superior court to allow inspection of information exempt from public disclosure under subsection (6) of this section when the information is connected to allegations of negligence or malfeasance by the commissioner related to a financial or market conduct examination. The court shall conduct an in-camera review after notifying the commissioner and every party that produced the information. The court may order the commissioner to allow the petitioner to have access to the information provided the petitioner maintains the confidentiality of the information. The petitioner must not disclose the information to any other person, except upon further order of the court. After conducting a regular hearing, the court may order that the information can be disclosed publicly if the court finds that there is a public interest in the disclosure of the information and the exemption of the information from public disclosure is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.
[ 2024 c 123 s 1; 2015 c 122 s 15; 2007 c 126 s 1. Prior: 2005 c 274 s 309; 2005 c 126 s 1; 2001 c 57 s 1.]
Notes:
Effective dates—2015 c 122: See note following RCW 48.31B.005.
PDF
RCW 48.02.065
Confidentiality of documents, materials, or other information—Public disclosure. (Effective July 1, 2027.)
(1) Documents, materials, or other information as described in subsections (5), (6), (7), (8), and (9) of this section are confidential by law and privileged, are not subject to public disclosure under chapter 42.56 RCW, and are not subject to subpoena directed to the commissioner or any person who received documents, materials, or other information while acting under the authority of the commissioner. The commissioner is authorized to use such documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the commissioner's official duties. The confidentiality and privilege created by this section and RCW 42.56.400(8) applies only to the commissioner, any person acting under the authority of the commissioner, the national association of insurance commissioners and its affiliates and subsidiaries, regulatory and law enforcement officials of other states and nations, the federal government, and international authorities.
(2) Neither the commissioner nor any person who received documents, materials, or other information while acting under the authority of the commissioner is permitted or required to testify in any private civil action concerning any confidential and privileged documents, materials, or information subject to subsection (1) of this section.
(3) The commissioner:
(a) May share documents, materials, or other information, including the confidential and privileged documents, materials, or information subject to subsection (1) of this section, with (i) the national association of insurance commissioners and its affiliates and subsidiaries, (ii) regulatory and law enforcement officials of other states and nations, the federal government, and international authorities, and (iii) agencies of this state, if the recipient agrees to maintain the confidentiality and privileged status of the document, material, or other information;
(b) May receive documents, materials, or information, including otherwise either confidential or privileged, or both, documents, materials, or information, from (i) the national association of insurance commissioners and its affiliates and subsidiaries, and (ii) regulatory and law enforcement officials of other states and nations, the federal government, and international authorities and shall maintain as confidential and privileged any document, material, or information received that is either confidential or privileged, or both, under the laws of the jurisdiction that is the source of the document, material, or information; and
(c) May enter into agreements governing the sharing and use of information consistent with this subsection.
(4) No waiver of an existing privilege or claim of confidentiality in the documents, materials, or information may occur as a result of disclosure to the commissioner under this section or as a result of sharing as authorized in subsection (3) of this section.
(5) Documents, materials, or information, which is either confidential or privileged, or both, which has been provided to the commissioner by (a) the national association of insurance commissioners and its affiliates and subsidiaries, (b) regulatory or law enforcement officials of other states and nations, the federal government, or international authorities, or (c) agencies of this state, is confidential and privileged only if the documents, materials, or information is protected from disclosure by the applicable laws of the jurisdiction that is the source of the document, material, or information.
(6) Working papers, documents, materials, or information produced by, obtained by, or disclosed to the commissioner or any other person in the course of a financial or market conduct examination, or in the course of financial analysis or market conduct desk audit, are not required to be disclosed by the commissioner unless cited by the commissioner in connection with an agency action as defined in RCW 34.05.010(3). The commissioner shall notify a party that produced the documents, materials, or information five business days before disclosure in connection with an agency action. The notified party may seek injunctive relief in any Washington state superior court to prevent disclosure of any documents, materials, or information it believes is confidential or privileged. In civil actions between private parties or in criminal actions, disclosure to the commissioner under this section does not create any privilege or claim of confidentiality or waive any existing privilege or claim of confidentiality.
(7) Documents, materials, or information provided to the commissioner by the federal government related to emergency management, hazard mitigation, and the national flood insurance program are confidential by law and privileged, and are not subject to public disclosure under chapter 42.56 RCW.
(8) Data requested by the commissioner from property and casualty entities regulated by the commissioner for the purpose of understanding and studying insurance market conditions outside the context of market conduct action is confidential by law and privileged and is not subject to public disclosure under chapter 42.56 RCW. Nothing in this section prohibits the commissioner from preparing and publishing reports, analysis, or other documents using the data received from individual property and casualty companies so long as the data in the report is in aggregate form and does not permit the identification of information related to individual companies. Data in the aggregate form are deemed open records available for public inspection. Nothing in this section affects, limits, or amends the commissioner's authority under chapter 48.37 RCW.
(9) Documents, materials, and information related to the commissioner's responsibility to review actuarial analyses under *RCW 18.390.040 as provided to the commissioner directly by applicants for registration as a continuing care retirement community under chapter 18.390 RCW or indirectly by the department of social and health services are confidential by law and privileged, and are not subject to public disclosure under chapter 42.56 RCW.
(10)(a) After receipt of a public disclosure request, the commissioner shall disclose the documents, materials, or information under subsection (6) of this section that relate to a financial or market conduct examination undertaken as a result of a proposed change of control of a nonprofit or mutual health insurer governed in whole or in part by chapter 48.31B RCW.
(b) The commissioner is not required to disclose the documents, materials, or information in (a) of this subsection if:
(i) The documents, materials, or information are otherwise privileged or exempted from public disclosure; or
(ii) The commissioner finds that the public interest in disclosure of the documents, materials, or information is outweighed by the public interest in nondisclosure in that particular instance.
(10) [(11)] Any person may petition a Washington state superior court to allow inspection of information exempt from public disclosure under subsection (6) of this section when the information is connected to allegations of negligence or malfeasance by the commissioner related to a financial or market conduct examination. The court shall conduct an in-camera review after notifying the commissioner and every party that produced the information. The court may order the commissioner to allow the petitioner to have access to the information provided the petitioner maintains the confidentiality of the information. The petitioner must not disclose the information to any other person, except upon further order of the court. After conducting a regular hearing, the court may order that the information can be disclosed publicly if the court finds that there is a public interest in the disclosure of the information and the exemption of the information from public disclosure is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.
[ 2026 c 140 s 7; 2024 c 123 s 1; 2015 c 122 s 15; 2007 c 126 s 1. Prior: 2005 c 274 s 309; 2005 c 126 s 1; 2001 c 57 s 1.]
Notes:
*Reviser's note: The reference to RCW 18.390.040 appears to be erroneous. Reference to RCW 18.390.100 was apparently intended.
Effective date—2026 c 140: See note following RCW 18.390.010.
Effective dates—2015 c 122: See note following RCW 48.31B.005.

catchline: Confidentiality of documents, materials, or other information—Public disclosure. (Effective until July 1, 2027.)


title: RCW 48.02.068

text:
(1) All nonpublic personal health information obtained by, disclosed to, or in the custody of the commissioner, regardless of the form or medium, is confidential and is not subject to public disclosure under chapter 42.56 RCW. The commissioner shall not disclose nonpublic personal health information except in the furtherance of regulatory or legal action brought as a part of the commissioner's official duties.
(2) The following definitions apply only for the purposes of this section:
(a) "Health information" means any information or data, except age or gender, whether oral or recorded in any form or medium, created by or derived from a health care provider or a patient, or a policyholder or enrollee, that relates to:
(i) The past, present, or future physical, mental, or behavioral health or condition of an individual;
(ii) The provision of health care to an individual; or
(iii) Payment for the provision of health care to an individual.
(b) "Health care" means preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care, services, procedures, tests, or counseling that:
(i) Relates to the physical, mental, or behavioral condition of an individual;
(ii) Affects the structure or function of the human body or any part of the human body, including the banking of blood, sperm, organs, or any other tissue; or
(iii) Prescribes, dispenses, or furnishes to an individual drugs or biologicals, or medical devices or health care equipment and supplies.
(c) "Nonpublic personal health information" means health information:
(i) That identifies an individual who is the subject of the information; or
(ii) With respect to which there is a reasonable basis to believe that the information could be used to identify an individual.
(d) "Patient" means an individual who is receiving, has received, or has sought health care. The term includes a deceased individual who has received health care.
(e) "Policyholder" or "enrollee" means a person who is covered by, enrolled in, has applied for, or purchased, an insurance policy, a health plan as defined in RCW 48.43.005, a group plan, or any other product regulated by the insurance commissioner. "Policyholder" or "enrollee" may include, without limitation, a subscriber, member, annuitant, beneficiary, spouse, or dependent.
(3) The commissioner may:
(a) Share documents, materials, or other information, including the confidential documents, materials, or information subject to subsection (1) of this section, with (i) the national association of insurance commissioners and its affiliates and subsidiaries, and (ii) regulatory and law enforcement officials of this and other states and nations, the federal government, and international authorities, if the recipient agrees to maintain the confidentiality and privileged status of the document, material, or other information;
(b) Receive documents, materials, or information, including otherwise either confidential or privileged documents, materials, or information, from (i) the national association of insurance commissioners and its affiliates and subsidiaries, and (ii) regulatory and law enforcement officials of this and other states and nations, the federal government, and international authorities and must maintain as confidential or privileged any document, material, or information received that is either confidential or privileged, or both, under the laws of the jurisdiction that is the source of the document, material, or information; and
(c) Enter into agreements governing the sharing and use of information consistent with this subsection.
(4) No waiver of an existing claim of confidentiality or privilege in the documents, materials, or information may occur as a result of disclosure to the commissioner under this section or as a result of sharing as authorized in subsection (3) of this section.
(5) The commissioner shall add language in large font to the release consumers use when filing complaints with the office, whether online or in writing, informing them that the office may share their personal health information with other entities and for the purposes authorized under subsection (3) of this section, and that the information will only be shared if it is to be held confidential by the other entity. Consumers shall be provided the opportunity to opt out at the time of filing their complaint, indicating that their personal health information may not be shared under subsection (3) of this section.
[ 2017 c 193 s 1.]

catchline: Confidentiality of personal health information—Public disclosure.


title: RCW 48.02.080

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

catchline: Enforcement.


title: RCW 48.02.090

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

catchline: Deputies—Employees.


title: RCW 48.02.093

text:
There is established, within the office of the insurance commissioner, the volunteer position of health care authority ombuds to assist retirees enrolled in the public employees' benefits board program. The volunteer position shall be trained as part of the existing volunteer training provided to the statewide health insurance benefit advisors. The position shall help retirees with questions and concerns, assist the public employees' benefits board program with identification of retiree concerns, and maintain access to updated program information.
[ 2013 c 23 s 101; 2012 c 150 s 1.]

catchline: Health care authority ombuds—Retirees—Volunteer position.


title: RCW 48.02.100

text:
Any power or duty vested in the commissioner by any provision of this code may be exercised or discharged by any deputy, assistant, examiner, or employee of the commissioner acting in his or her name and by his or her authority.
[ 2009 c 549 s 7007; 1947 c 79 s .02.10; Rem. Supp. 1947 s 45.02.10.]

catchline: Commissioner may delegate authority.


title: RCW 48.02.110

text:
The commissioner shall have an office at the state capital, and may maintain such offices elsewhere in this state as he or she may deem necessary.
[ 2009 c 549 s 7008; 1947 c 79 s .02.11; Rem. Supp. 1947 s 45.02.11.]

catchline: Office.


title: RCW 48.02.120

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

catchline: Records—Public inspection.


title: RCW 48.02.122

text:
Whenever any documents are filed with the insurance commissioner which affect a corporate or company name, the insurance commissioner shall immediately notify the secretary of state of the filing. If any other action is taken by the insurance commissioner which affects a corporate or company name, the insurance commissioner shall immediately notify the secretary of state of the action. The insurance commissioner shall cooperate with the secretary of state to ascertain that there is no duplication of corporate or company names.
[ 1998 c 23 s 19.]

catchline: Filings or actions affecting corporate or company name—Notice to secretary of state.


title: RCW 48.02.130

text:
(1) Any certificate or license issued by the commissioner shall bear the seal of his or her office.
(2) Copies of records or documents in his or her office certified to by the commissioner shall be received as evidence in all courts in the same manner and to the same effect as if they were the originals.
(3) When required for evidence in court, the commissioner shall furnish his or her certificate as to the authority of an insurer or other licensee in this state on any particular date, and the court shall receive the certificate in lieu of the commissioner's testimony.
[ 2009 c 549 s 7009; 1947 c 79 s .02.13; Rem. Supp. 1947 s 45.02.13.]

catchline: Certificates—Copies—Evidentiary effect.


title: RCW 48.02.140

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

catchline: Interstate cooperation.


title: RCW 48.02.150

text:
The commissioner must purchase at the expense of the state, and in the manner provided by law, printing, books, reports, furniture, equipment, and supplies as he or she deems necessary to the proper discharge of his or her duties under this code.
[ 2011 c 47 s 2; 2009 c 549 s 7011; 1947 c 79 s .02.15; Rem. Supp. 1947 s 45.02.15.]

catchline: Supplies.


title: RCW 48.02.160

text:
The commissioner shall:
(1) Obtain and publish for the use of courts and appraisers throughout the state, tables showing the average expectancy of life and values of annuities and of life and term estates.
(2) Disseminate information concerning the insurance laws of this state.
(3) Provide assistance to members of the public in obtaining information about insurance products and in resolving complaints involving insurers and other licensees.
[ 1988 c 248 s 1; 1947 c 79 s .02.16; Rem. Supp. 1947 s 45.02.16.]

catchline: Special duties.


title: RCW 48.02.170

text:
The commissioner shall, as soon as accurate preparation enables, prepare a report of his or her official transactions during the preceding fiscal year, containing information relative to insurance as the commissioner deems proper.
[ 2009 c 549 s 7012; 1987 c 505 s 53; 1977 c 75 s 69; 1947 c 79 s .02.17; Rem. Supp. 1947 s 45.02.17.]

catchline: Annual report.


title: RCW 48.02.180

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

catchline: Publication of insurance code and related statutes, manuals, etc.—Distribution—Sale.


title: RCW 48.02.190

text:
(1) As used in this section:
(a) "Insurance fraud surcharge" means the fees imposed by subsection (2)(b) of this section.
(b) "Organization" means every insurer, as defined in RCW 48.01.050, having a certificate of authority to do business in this state, every health care service contractor, as defined in RCW 48.44.010, every health maintenance organization, as defined in RCW 48.46.020, or self-funded multiple employer welfare arrangement, as defined in RCW 48.125.010, registered to do business in this state. "Class one" organizations consist of all insurers as defined in RCW 48.01.050. "Class two" organizations consist of all organizations registered under provisions of chapters 48.44 and 48.46 RCW. "Class three" organizations consist of self-funded multiple employer welfare arrangements as defined in RCW 48.125.010.
(c)(i) "Receipts" means (A) net direct premiums consisting of direct gross premiums, as defined in RCW 48.18.170, paid for insurance written or renewed upon risks or property resident, situated, or to be performed in this state, less return premiums and premiums on policies not taken, dividends paid or credited to policyholders on direct business, and premiums received from policies or contracts issued in connection with qualified plans as defined in RCW 48.14.021, and (B) prepayments to health care service contractors, as defined in RCW 48.44.010, health maintenance organizations, as defined in RCW 48.46.020, or participant contributions to self-funded multiple employer welfare arrangements, as defined in RCW 48.125.010, less experience rating credits, dividends, prepayments returned to subscribers, and payments for contracts not taken.
(ii) Participant contributions, under chapter 48.125 RCW, used to determine the receipts in this state under this section are determined in the same manner as premiums taxable in this state are determined under RCW 48.14.090.
(d) "Regulatory surcharge" means the fees imposed by subsection (2)(a) of this section.
(2) The annual cost of operating the office of the insurance commissioner is determined by legislative appropriation.
(a) A pro rata share of the cost, except for the cost of the insurance fraud program, is charged to all organizations as a regulatory surcharge. Each class of organization must contribute a sufficient amount to the insurance commissioner's regulatory account to pay the reasonable costs, including overhead, of regulating that class of organization.
(b) The annual cost of operating the insurance fraud program is charged to all organizations as an insurance fraud surcharge. Each class of organization must contribute a sufficient amount to the insurance commissioner's fraud account to pay the reasonable costs of the program, including overhead.
(3)(a) The regulatory surcharge is calculated separately for each class of organization. The regulatory surcharge collected from each organization is that portion of the cost of operating the insurance commissioner's office, except for the cost of operating the insurance fraud program, for that class of organization, for the ensuing fiscal year that is represented by the organization's portion of the receipts collected or received by all organizations within that class on business in this state during the previous calendar year. However, the regulatory surcharge must not exceed one-eighth of one percent of receipts and the minimum regulatory surcharge is one thousand dollars.
(b) The insurance fraud surcharge collected from each organization is the cost of operating the insurance fraud program for the ensuing fiscal year that is represented by the organization's portion of the receipts collected or received on business in this state during the previous calendar year. However, the insurance fraud surcharge may not exceed one one-hundredths of one percent of receipts and the minimum insurance fraud surcharge is one hundred dollars.
(4) The commissioner must annually, on or before July 1st, calculate and bill each organization for the amount of the regulatory and insurance fraud surcharges. The surcharges are due and payable no later than July 15th of each year. However, if the necessary financial records are not available or if the amount of the legislative appropriation is not determined in time to carry out such calculations and bill the surcharges within the time specified, the commissioner may use the surcharge factors for the prior year as the basis for the surcharges and, if necessary, the commissioner may impose supplemental fees to fully and properly charge the organizations. Any organization failing to pay the surcharges by July 31st must pay the same penalties as the penalties for failure to pay taxes when due under RCW 48.14.060. The surcharges required by this section are in addition to all other taxes and fees now imposed or that may be subsequently imposed.
(5)(a) All moneys collected for the regulatory surcharge must be deposited in the insurance commissioner's regulatory account in the state treasury which is hereby created.
(b) All moneys collected for the insurance fraud surcharge must be deposited in the insurance commissioner's fraud account in the state treasury which is hereby created.
(6) Unexpended funds in the insurance commissioner's regulatory and fraud accounts at the close of a fiscal year are carried forward to the succeeding fiscal year and are used to reduce future regulatory and insurance fraud surcharges.
(7)(a) Each insurer may annually collect regulatory and insurance fraud surcharges remitted in preceding years by means of a policyholder surcharge on premiums charged for all kinds of insurance. The recoupment is at a uniform rate reasonably calculated to collect the regulatory and insurance fraud surcharges remitted by the insurer.
(b) If an insurer fails to collect the entire amount of the recoupment in the first year under this section, it may repeat the recoupment procedure provided for in this subsection (7) in succeeding years until the regulatory and insurance fraud surcharges are fully collected or a de minimis amount remains uncollected. Any such de minimis amount may be collected as provided in (d) of this subsection.
(c) The amount and nature of any recoupment must be separately stated on either a billing or policy declaration sent to an insured. The amount of the recoupment must not be considered a premium for any purpose, including the premium tax or agents' commissions.
(d) An insurer may elect not to collect the regulatory and insurance fraud surcharges from its insured. In such a case, the insurer may recoup the regulatory and insurance fraud surcharges through its rates, if the following requirements are met:
(i) The insurer remits the amount of the surcharges not collected by election under this subsection; and
(ii) The surcharges are not considered a premium for any purpose, including the premium tax or agents' commission.
[ 2020 c 195 s 2; 2011 c 47 s 3; 2009 c 161 s 1; 2008 c 328 s 6003. Prior: 2007 c 468 s 1; 2007 c 153 s 3; 2004 c 260 s 22; 2003 1st sp.s. c 25 s 923; 2002 c 371 s 913; 1987 c 505 s 54; 1986 c 296 s 7.]
Notes:
Findings—2020 c 195: "The legislature finds that insurance fraud is not a victimless crime. The national insurance crime bureau has recognized as much as seven hundred dollars per year may be added to the average Washington household's insurance premium costs due to fraudulent insurance claims. For the 2017-2019 biennium, the insurance commissioner's insurance fraud program, known as its criminal investigations unit, reviewed over four thousand five hundred referrals from over one hundred fifty companies. The adjudicated cases from this review resulted in almost two million dollars of restitution and projected insurance claim savings.
The legislature finds it is critical to continue protecting Washington state insurance consumers from the cost of insurance fraud by funding the insurance fraud program through an insurance fraud surcharge and creating the insurance commissioner's fraud account to better manage the accountability of the funds." [ 2020 c 195 s 1.]
Effective date—2020 c 195: "This act takes effect July 1, 2020." [ 2020 c 195 s 4.]
Part headings not law—Severability—Effective date—2008 c 328: See notes following RCW 43.155.050.
Effective date—2004 c 260: See RCW 48.125.901.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Severability—Effective date—2002 c 371: See notes following RCW 9.46.100.
Severability—Effective date—1986 c 296: See notes following RCW 48.14.020.

catchline: Operating costs of office—Insurance commissioner's regulatory account—Insurance commissioner's fraud account—Regulatory and insurance fraud surcharges.


title: RCW 48.02.200

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

catchline: When legal process against a person is served on the commission.


title: RCW 48.02.220

text:
(1) The commissioner shall accept registration of health care benefit managers as established in RCW 48.200.030 and receipts shall be deposited in the insurance commissioner's regulatory account.
(2) The commissioner shall have enforcement authority over chapter 48.200 RCW consistent with requirements established in RCW 48.200.290.
(3) The commissioner may adopt rules to implement chapter 48.200 RCW and to establish registration and renewal fees that ensure the registration, renewal, and oversight activities are self-supporting.
[ 2020 c 240 s 8; 2016 c 210 s 5.]
Notes:
Rule making—Effective date—2020 c 240: See RCW 48.200.900 and 48.200.901.

catchline: Health care benefit managers—Registration—Enforcement authority—Rules.


title: RCW 48.02.250

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

catchline: Living organ donors—Discrimination prohibited.


title: RCW 48.02.260

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

catchline: Petitions for removal related to email-based violations.


title: RCW 48.02.270

text:
(1) If the commissioner has cause to believe that any ambulance service has engaged in a pattern of unresolved violations of RCW 18.73.310, the commissioner may submit information to the department of health for action. Prior to submitting information to the department of health or the appropriate disciplining authority, the commissioner may provide the ambulance service with an opportunity to cure the alleged violations or explain why the actions in question did not violate RCW 18.73.310.
(2) If any ambulance service has engaged in a pattern of unresolved violations of RCW 18.73.310, the department of health may levy a fine or cost recovery upon the ambulance service in an amount not to exceed the applicable statutory amount per violation and take other action as permitted under the authority of the department. Upon completion of its review of any potential violation submitted by the commissioner or initiated directly by an enrollee, the department of health shall notify the commissioner of the results of the review, including whether the violation was substantiated and any enforcement action taken as a result of a finding of a substantiated violation.
[ 2026 c 126 s 2.]

catchline: Ambulance service billing—Violations.


title: RCW 48.02.280

text:
The insurance commissioner is authorized to perform functions required under chapter 18.390 RCW related to the review of actuarial analyses submitted by applicants for registration as a continuing care retirement community, including establishing standards for the review of actuarial analyses, the qualifications of the actuaries preparing the actuarial analyses, and the administration of appeals under chapter 48.04 RCW for determinations that an applicant's actuarial balance is not satisfactory under RCW 18.390.100(3)(b)(ii). The insurance commissioner may adopt rules related to its responsibilities under chapter 18.390 RCW, as necessary.
[ 2026 c 140 s 6.]
Notes:
Effective date—2026 c 140: See note following RCW 18.390.010.

catchline: Continuing care retirement communities—Actuarial analysis. (Effective July 1, 2027.)


title: RCW 48.03.005

text:
This chapter applies to the financial analysis and examination of insurers and other regulated entities.
[ 2007 c 82 s 1.]

catchline: Application.


title: RCW 48.03.010

text:
(1) The commissioner shall examine the affairs, transactions, accounts, records, documents, and assets of each authorized insurer as often as he or she deems advisable. The commissioner shall so examine each insurer holding a certificate of authority or certificate of registration not less frequently than every five years. Examination of an alien insurer may be limited to its insurance transactions in the United States. In scheduling and determining the nature, scope, and frequency of an examination, the commissioner shall consider such matters as the results of financial statement analyses and ratios, changes in management or ownership, actuarial opinions, reports of independent certified public accountants, and other criteria as set forth in the examiner's handbook adopted by the National Association of Insurance Commissioners and in effect when the commissioner exercises discretion under this section.
(2) As often as the commissioner deems advisable and at least once in five years, the commissioner shall fully examine each rating organization and examining bureau licensed in this state. As often as he or she deems it advisable the commissioner may examine each advisory organization, any statistical reporting agent designated by the commissioner under RCW 48.29.017, and each joint underwriting or joint reinsurance group, association, or organization.
(3) The commissioner shall in like manner examine each insurer or rating organization applying for authority to do business in this state.
(4) In lieu of making an examination under this chapter, the commissioner may accept a full report of the last recent examination of a nondomestic rating or advisory organization, or joint underwriting or joint reinsurance group, association or organization, as prepared by the insurance supervisory official of the state of domicile or of entry. In lieu of an examination under this chapter of a foreign or alien insurer licensed in this state, the commissioner may accept an examination report on the company as prepared by the insurance department for the company's state of domicile or port-of-entry state until January 1, 1994. Thereafter, an examination report may be accepted only if: (a) That insurance department was at the time of the examination accredited under the National Association of Insurance Commissioners' financial regulation standards and accreditation program; or (b) the examination was performed either under the supervision of an accredited insurance department or with the participation of one or more examiners employed by an accredited state insurance department who, after a review of the examination work papers and report, state under oath that the examination was performed in a manner consistent with the standards and procedures required by their insurance department.
(5) The commissioner may elect to accept and rely on an audit report made by an independent certified public accountant for the insurer 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.
(6) For the purposes of completing an examination of any company under this chapter, the commissioner may examine or investigate any managing general agent or any other person, or the business of any managing general agent or other person, insofar as that examination or investigation is, in the sole discretion of the commissioner, necessary or material to the examination of the company.
[ 2013 c 65 s 3; 1993 c 462 s 43; 1982 c 181 s 1; 1979 c 139 s 1; 1947 c 79 s .03.01; Rem. Supp. 1947 s 45.03.01.]
Notes:
Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.
Severability—1982 c 181: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1982 c 181 s 28.]

catchline: Examination of insurers, bureaus.


title: RCW 48.03.020

text:
For the purpose of ascertaining its condition, or compliance with this code, the commissioner may as often as he or she deems advisable examine the accounts, records, documents, and transactions of:
(1) Any insurance producer, surplus line broker, adjuster, or title insurance agent.
(2) Any person having a contract under which he or she enjoys in fact the exclusive or dominant right to manage or control a stock or mutual insurer.
(3) Any person holding the shares of capital stock or policyholder proxies of a domestic insurer for the purpose of control of its management either as voting trustee or otherwise.
(4) Any person engaged in or proposing to be engaged in or assisting in the promotion or formation of a domestic insurer, or an insurance holding corporation, or a stock corporation to finance a domestic mutual insurer or the production of its business, or a corporation to be attorney-in-fact for a domestic reciprocal insurer.
[ 2009 c 162 s 1; 2008 c 217 s 1; 1947 c 79 s .03.02; Rem. Supp. 1947 s 45.03.02.]
Notes:
Effective date—2009 c 162: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2009." [ 2009 c 162 s 36.]
Severability—2008 c 217: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2008 c 217 s 101.]
Effective date—2008 c 217: "This act takes effect July 1, 2009." [ 2008 c 217 s 102.]

catchline: Examination of producers, surplus line brokers, adjusters, title insurance agents, managers, or promoters.


title: RCW 48.03.025

text:
Upon determining that an examination should be conducted, the commissioner or the commissioner's designee shall appoint one or more examiners to perform the examination and instruct them as to the scope of the examination. In conducting the examination, the examiner shall observe those guidelines and procedures set forth in the examiners' handbook adopted by the National Association of Insurance Commissioners. The commissioner may also employ such other guidelines or procedures as the commissioner may deem appropriate.
[ 1993 c 462 s 44.]
Notes:
Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.

catchline: Examiners—Scope of examination—Examiners' handbook.


title: RCW 48.03.030

text:
(1) Every person being examined, its officers, employees, and representatives shall produce and make freely accessible to the commissioner the accounts, records, documents, and files in his or her possession or control relating to the subject of the examination, and shall otherwise facilitate the examination.
(2) If the commissioner finds the accounts to be inadequate, or improperly kept or posted, he or she may employ experts to rewrite, post or balance them at the expense of the person being examined.
[ 2009 c 549 s 7013; 1947 c 79 s .03.03; Rem. Supp. 1947 s 45.03.03.]

catchline: Access to records on examination—Correction of accounts.