WSR 20-01-048
PERMANENT RULES
OFFICE OF THE
INSURANCE COMMISSIONER
[Insurance Commissioner Matter No. R 2019-06—Filed December 9, 2019, 10:35 a.m., effective January 9, 2020]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Update the references in Title 284 WAC to system for electronic rate and form filing general filing instructions.
Citation of Rules Affected by this Order: Amending WAC 284-38-100, 284-38-110, 284-44A-040, 284-44A-050, 284-46A-040, 284-46A-050, 284-58-025, and 284-58-030.
Adopted under notice filed as WSR 19-20-110 on October 2, 2019.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 8, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: December 9, 2019.
Mike Kreidler
Insurance Commissioner
AMENDATORY SECTION(Amending WSR 14-05-017, filed 2/10/14, effective 3/15/14)
WAC 284-38-100Filing instructions that are incorporated into this chapter.
SERFF is a dynamic application that the NAIC will revise and enhance over time. To be consistent with NAIC filing standards and provide timely instructions to filers, the commissioner must incorporate documents posted on the SERFF web site into this chapter. By reference, the commissioner incorporates these documents into this chapter:
(1) The SERFF Industry Manual available within the SERFF application; and
(2) ((The Washington State SERFF Life and Disability Rate and Form Filing General Instructions posted on the commissioner's web site, www.insurance.wa.gov.))State specific rate and form filing instructions posted on the commissioner's web site (www.insurance.wa.gov), including the:
Washington State SERFF Life and Disability Form Filing General Instructions.
AMENDATORY SECTION(Amending WSR 14-05-017, filed 2/10/14, effective 3/15/14)
WAC 284-38-110General charitable gift annuity contract filing rules.
Filers and certificate holders must submit complete filings that comply with these rules:
(1) ((Filings must comply with the filing instructions and procedures in the SERFF Industry Manual available within the SERFF application and Washington State SERFF Life and Disability Rate and Form Filing General Instructions.))Filers must submit complete filings that comply with the SERFF Industry Manual available within the SERFF application as well as state specific instructions applicable to the particular filing, as posted on the commissioner's web site (www.insurance.wa.gov), including the:
Washington State SERFF Life and Disability Form Filing General Instructions.
(2) Filers must submit every charitable gift annuity contract to the commissioner electronically using SERFF.
(a) Every charitable gift annuity contract filed in SERFF must be attached to the form schedule.
(b) All written correspondence related to a charitable gift annuity contract filing must be sent in SERFF.
(3) All filed contracts must be legible for both the commissioner's review and retention as a public record. Filers must submit new and replaced contracts to the commissioner for review in final printed form displayed in ten-point or larger type.
(4) Each contract must have a unique identifying number and a way to distinguish it from other editions of the same contract.
(5) Filers must submit a completed compliance checklist provided in the SERFF application with each new charitable gift annuity contract as supporting documentation. If the filing includes more than one new contract, the filer may:
(a) Complete a separate checklist for each charitable gift annuity contract; or
(b) Complete one checklist and submit an explanatory memorandum that lists any material differences between the filed contracts.
AMENDATORY SECTION(Amending WSR 12-01-103, filed 12/21/11, effective 1/21/12)
WAC 284-44A-040Filing instructions that are incorporated into this chapter.
SERFF is a dynamic application that the NAIC will revise and enhance over time. To be consistent with NAIC filing standards and provide timely instructions to filers, the commissioner will incorporate documents posted on the SERFF web site into this chapter. By reference, the commissioner incorporates these documents into this chapter:
(1) The SERFF Industry Manual available within the SERFF application; and
(2) State specific rate and form filing instructions posted on the commissioner's web site (www.insurance.wa.gov), including the:
(a) Washington State SERFF ((Health))Life and Disability Form Filing General Instructions; ((and))
(b) Washington State SERFF Life, Health and Disability Rate Filing General Instructions;
(c) Washington State SERFF Health and Disability Form Filing General Instructions; and
(d) Washington State SERFF Health and Disability Binder Filing General Instructions (also called "plan management instructions").
AMENDATORY SECTION(Amending WSR 12-01-103, filed 12/21/11, effective 1/21/12)
WAC 284-44A-050General form and rate filing rules.
(1) Each form or rate filing must be submitted to the commissioner electronically using SERFF.
(a) Every form filed in SERFF must:
(i) Be attached to the form schedule; and
(ii) Have a unique identifying number and a way to distinguish it from other versions of the same form.
(b) Filers must send all written correspondence related to a form or rate filing in SERFF.
(2) All filed forms must be legible for both the commissioner's review and retention as a public record. Filers must submit new or revised forms to the commissioner for review in final form displayed in ten-point or larger type.
(3) Filers must submit complete filings that comply with the SERFF Industry Manual available within the SERFF application and state specific instructions applicable to the particular filing, as revised from time to time and posted on the commissioner's web site (www.insurance.wa.gov) including the:
(a) Washington State SERFF ((Health))Life and Disability Form Filing General Instructions; ((or))
(b) Washington State SERFF Life, Health and Disability Rate Filing General Instructions;
(c) Washington State SERFF Health and Disability Form Filing General Instructions; and
(d) Washington State SERFF Health and Disability Binder Filing General Instructions (also called "plan management instructions").
(4) Filers must submit separate filings for each type of insurance.
AMENDATORY SECTION(Amending WSR 12-01-103, filed 12/21/11, effective 1/21/12)
WAC 284-46A-040Filing instructions that are incorporated into this chapter.
SERFF is a dynamic application that the NAIC will revise and enhance over time. To be consistent with NAIC filing standards and provide timely instructions to filers, the commissioner will incorporate documents posted on the SERFF web site into this chapter. By reference, the commissioner incorporates these documents into this chapter:
(1) The SERFF Industry Manual available within the SERFF application; and
(2) State specific rate and form filing instructions posted on the commissioner's web site (www.insurance.wa.gov), including the:
(a) Washington State SERFF ((Health))Life and Disability Form Filing General Instructions; ((and))
(b) Washington State SERFF Life, Health and Disability Rate Filing General Instructions;
(c) Washington State SERFF Health and Disability Form Filing General Instructions; and
(d) Washington State SERFF Health and Disability Binder Filing General Instructions (also called "plan management instructions").
AMENDATORY SECTION(Amending WSR 12-01-103, filed 12/21/11, effective 1/21/12)
WAC 284-46A-050General form and rate filing rules.
(1) Each form or rate filing must be submitted to the commissioner electronically using SERFF.
(a) Every form filed in SERFF must:
(i) Be attached to the form schedule; and
(ii) Have a unique identifying number and a way to distinguish it from other versions of the same form.
(b) Filers must send all written correspondence related to a form or rate filing in SERFF.
(2) All filed forms must be legible for both the commissioner's review and retention as a public record. Filers must submit new or revised forms to the commissioner for review in final form displayed in ten-point or larger type.
(3) Filers must submit complete filings that comply with the SERFF Industry Manual available within the SERFF application and state specific instructions applicable to the particular filing as revised from time to time and posted on the commissioner's web site (www.insurance.wa.gov), including the:
(a) Washington State SERFF ((Health))Life and Disability Form Filing General Instructions; ((or))
(b) Washington State SERFF Life, Health and Disability Rate Filing General Instructions;
(c) Washington State SERFF Health and Disability Form Filing General Instructions; and
(d) Washington State SERFF Health and Disability Binder Filing General Instructions (also called "plan management instructions").
(4) Filers must submit separate filings for each type of insurance.
AMENDATORY SECTION(Amending WSR 12-01-103, filed 12/21/11, effective 1/21/12)
WAC 284-58-025Filing instructions that are incorporated into this chapter.
SERFF is a dynamic application that the NAIC will revise and enhance over time. To be consistent with NAIC filing standards and provide timely instructions to filers, the commissioner will incorporate documents posted on the SERFF web site into this chapter. By reference, the commissioner incorporates these documents into this chapter:
(1) The SERFF Industry Manual available within the SERFF application; and
(2) ((The))State specific rate and form filing instructions posted on the commissioner's web site (www.insurance.wa.gov), including the:
(a)Washington State SERFF Life and Disability ((Rate and)) Form Filing General Instructions((posted on the commissioner's web site (www.insurance.wa.gov)));
(b) Washington State Life, Health and Disability Rate Filing General Instructions;
(c) Washington State SERFF Health and Disability Form Filing General Instructions; and
(d) Washington State SERFF Health and Disability Binder Filing General Instructions (also called "plan management instructions").
AMENDATORY SECTION(Amending WSR 12-01-103, filed 12/21/11, effective 1/21/12)
WAC 284-58-030General form and rate filing rules.
(1) Each credit, life or disability insurance form or rate filing must be submitted to the commissioner electronically using SERFF.
(a) Every form filed in SERFF must be attached to the form schedule.
(b) Filers must send all written correspondence related to a form or rate filing in SERFF.
(2) All filed forms must be legible for both the commissioner's review and retention as a public record. Filers must submit new or revised forms to the commissioner for review in final form displayed in ten-point or larger type.
(3) Filers must submit complete filings that comply with the SERFF Industry Manual available within the SERFF application and ((the Washington State SERFF Life and Disability Rate and Form Filing General Instructions))state specific filing instructions applicable to the particular filing, as revised from time to time and posted on the commissioner's web site (www.insurance.wa.gov), including the:
(a) Washington State SERFF Life and Disability Form Filing General Instructions;
(b) Washington State SERFF Life, Health and Disability Rate Filing General Instructions;
(c) Washington State SERFF Health and Disability Form Filing General Instructions; and
(d) Washington State SERFF Health and Disability Binder Filing General Instructions (also called "plan management instructions").
(4) Filers must submit separate filings for each type of insurance. This section does not apply to:
(a) Credit insurance filings made under RCW
48.34.040; or
(b) Group insurance where different types of insurance are incorporated into a single certificate.