What we do

Our Mission

We protect consumers, the public interest and our state’s economy through fair and efficient regulation of the insurance industry. 

We’re a small agency of about 280 employees who oversee the insurance market in Washington state. 

We help you with your insurance issues by:

  • Investigating complaints about your insurance company or agent
  • Proposing laws and adopting rules when consumer protections are needed
  • Making sure companies meet their financial obligations to you
  • Educating you about your insurance rights
  • Helping you understand and navigate Medicare
  • Licensing and monitoring the people and businesses that sell insurance
  • Reviewing and approving the insurance policies companies sell 

We oversee the people and companies that sell insurance through: 

  • Ensuring companies have enough money to pay claims and follow state and federal law
  • Making sure companies and agents and brokers are licensed and in good financial standing
  • Reviewing and monitoring the policies companies sell and their behavior in the market
  • Monitoring troubled companies and preventing financial harm to policyholders
  • Reviewing the benefits companies offer and the prices they charge
  • Taking enforcement action against individuals and companies who violate insurance laws and regulations 
  • Investigating potential misconduct by the people and companies we regulate

We regulate the insurance market in Washington state by: 

  • Analyzing insurance company practices and contracts for compliance 
  • Finding and prosecuting criminal organizations and individuals engaged in insurance fraud
  • Providing regulatory oversight and guidance, keeping our insurance market healthy

Calculating fraud and regulatory surcharges

Surcharge calculations

Fraud surcharge

There is no change to the 2024 rate.

Each year, we calculate the fraud surcharge based on the yearly costs of operating our fraud division. The Legislature determines these costs. At the end of a fiscal year, we use most of the leftover funds to reduce future fraud surcharges. This year, we have $475,000 in leftover funds.

Regulatory surcharge

There is no change to the 2024 rate.

Each year, we calculate the regulatory surcharge based on the yearly costs of operating our agency. The Legislature determines these costs. At the end of a fiscal year, we use most of our leftover funds to reduce future fraud surcharges. This year, we have $6,000,000 in leftover funds.

HCSC and MEWA health companies

Fraud surcharge

  • Fraud surcharge rate: 0.005200%
  • Credit factor: 0.00099918943080%
  • Net Fraud Surcharge Rate: 0.00420081056920%

Using the "Total Health Premiums" from your 2023 tax form:

  1. From "Total Health Premiums," subtract "Federal Health Employees Benefit Plan."
  2. From "Health Premiums – Additional Detail," subtract "General Assistance – Unemployable (GAU)" and "Basic Health Plan (BHP) (Subsidized Premiums)."
  3. From Schedule A – Non-Exchange Health Taxes, subtract "Medicare Title XVIII (Federally exempt only)" and "Stand-alone Medicare Part D (Federally exempt only)."

Multiply the result by the fraud surcharge rate to determine what you owe.

Regulatory surcharge

  • Regulatory surcharge rate: 0.08940%
  • Credit factor: 0.01163977045270%
  • Net Regulatory Surcharge Rate: 0.07776022954730%

Using the "Total Health Premiums" from your 2023 tax form:

  1. From "Total Health Premiums," subtract "Federal Health Employees Benefit Plan."
  2. From "Health Premiums – Additional Detail," subtract "General Assistance – Unemployable (GAU)" and "Basic Health Plan (BHP) (Subsidized Premiums)."
  3. From Schedule A – Non-Exchange Health Taxes, subtract "Medicare Title XVIII (Federally exempt only)" and "Stand-alone Medicare Part D (Federally exempt only)."

Multiply the result by the "Net Regulatory Surcharge" rate to determine what you owe.

HMO health companies

Fraud surcharge

  • Fraud surcharge rate: 0.005200%
  • Credit factor: 0.00099933783800%
  • Net Fraud Surcharge Rate: 0.00420066216200%

Using the "Total Health Premiums" from your 2023 tax form:

  1. From "Total Health Premiums," subtract "Federal Health Employees Benefit Plan."
  2. From "Health Premiums – Additional Detail," subtract "General Assistance – Unemployable (GAU)" and "Basic Health Plan (BHP) (Subsidized Premiums)."
  3. From Schedule A – Non-Exchange Health Taxes, subtract "Medicare Title XVIII (Federally exempt only)" and "Stand-alone Medicare Part D (Federally exempt only)."

Multiply the result by the fraud surcharge rate to determine what you owe.

Regulatory surcharge

  • Regulatory surcharge rate: 0.08940%
  • Credit factor: 0.01164091541820%
  • Net Regulatory Surcharge Rate: 0.07775908458180%

Using the "Total Health Premiums" from your 2023 tax form:

  1. From "Total Health Premiums," subtract "Federal Health Employees Benefit Plan."
  2. From "Health Premiums – Additional Detail," subtract "General Assistance – Unemployable (GAU)" and "Basic Health Plan (BHP) (Subsidized Premiums)." 
  3. From Schedule A – Non-Exchange Health Taxes, subtract "Medicare Title XVIII (Federally exempt only)" and "Stand-alone Medicare Part D (Federally exempt only)."

Multiply the result by the "Net Regulatory Surcharge" rate to determine what you owe.

Life/disability companies

Fraud surcharge

  • Fraud surcharge rate: 0.005200%
  • Credit factor: 0.00105639220010%
  • Net Fraud Surcharge Rate: 0.00414360779990%

Using the "Premiums and Annuities as Reported on the Annual Statement" from your 2023 tax form:

  1. Add "Life Insurance and Annuities totals (Column 1)."
  2. Subtract "Dividends to Policyholders/Refunds to Members totals (Column 7)."
  3. Add "Total Accident and Health Premiums."
  4. Subtract "Federal Employees Health Benefits Act Premiums."
  5. Subtract "Medicare Title XVIII Exempt from State Taxes or Fees."

Using the "Premiums and Annuities – Additional Detail" from your 2023 tax form:

  1. Subtract "Qualified Life Premiums."
  2. Add "Qualified Life Dividends."
  3. Subtract "Qualified Annuities."
  4. Add "Qualified Annuity Dividends."

Using "Schedule A, Life Premium Taxes," subtract "AAFES Group Life Premiums."

Using "Non-Exchange Accident and Health Taxes (Schedule B for domestic companies or Schedule C foreign companies)," subtract "AAFES Group Accidental Death and Dismemberment Premiums."

Multiply the result by the Fraud Surcharge rate to determine what you owe.

Regulatory surcharge

  • Regulatory surcharge rate: 0.1048%
  • Credit factor: 0.01403317864830%
  • Net Regulatory Surcharge Rate: 0.09076682135170%

Using the "Premiums and Annuities as Reported on the Annual Statement" from your 2023 tax form:

  1. Add "Life Insurance and Annuities totals (Column 1)."
  2. Subtract "Dividends to Policyholders/Refunds to Members totals (Column 7)."
  3. Add "Total Accident and Health Premiums."
  4. Subtract "Federal Employees Health Benefits Act Premiums."
  5. Subtract "Medicare Title XVIII Exempt from State Taxes or Fees."

Using the "Premiums and Annuities – Additional Detail" from your 2023 tax form:

  1. Subtract "Qualified Life Premiums."
  2. Add "Qualified Life Dividends."
  3. Subtract "Qualified Annuities."
  4. Add "Qualified Annuity Dividends."

Using "Schedule A, Life Premium Taxes," subtract "AAFES Group Life Premiums."

Using "Non-Exchange Accident and Health Taxes (Schedule B for domestic companies or Schedule C foreign companies)," subtract "AAFES Group Accidental Death and Dismemberment Premiums."

Multiply the result by the "Net Regulatory Surcharge" rate to determine what you owe.

Property/casualty companies

Fraud surcharge

  • Fraud surcharge rate: 0.005200%
  • Credit factor: 0.00105639220010%
  • Net Fraud Surcharge Rate: 0.00414360779990%

Using the "Premium Reporting" section of your 2023 tax form, add together "All Lines of Business" and:

  1. Subtract "Multiple Peril Crop."
  2. Subtract "Medicare Title XVIII Exempt from State Taxes or Fees."
  3. Subtract "Federal Employees Health Benefits Act (FEHBA) Premiums."
  4. Add "Finance and Service Charges."
  5. Subtract "Dividends Paid or Credited to Policy Holders on Direct Business."

Multiply the result by the fraud surcharge rate to determine what you owe.

Regulatory surcharge

  • Regulatory surcharge rate: 0.1048%
  • Credit factor: 0.01403317864830%
  • Net Regulatory Surcharge Rate: 0.09076682135170%

Using the "Premium Reporting" section of your 2023 tax form, add together "All Lines of Business" and:

  1. Subtract "Multiple Peril Crop."
  2. Subtract "Medicare Title XVIII Exempt from State Taxes or Fees."
  3. Subtract "Federal Employees Health Benefits Act (FEHBA) Premiums."
  4. Add "Finance and Service Charges."
  5. Subtract "Dividends Paid or Credited to Policy Holders on Direct Business."

Multiply the result by the "Net Regulatory Surcharge" rate to determine what you owe.

Title insurers

Fraud surcharge

  • Fraud surcharge rate: 0.005200%
  • Credit factor: 0.00105639220010%
  • Net Fraud Surcharge Rate: 0.00414360779990%

Using the "Premiums as Reported on the Annual Statement" section of your 2023 tax form, multiply the "Title Insurance" premiums by the fraud surcharge rate to determine what you owe.

Regulatory surcharge

  • Regulatory surcharge rate: 0.1048%
  • Credit factor: 0.01403317864830%
  • Net Regulatory Surcharge Rate: 0.09076682135170%

Using the "Premiums as Reported on the Annual Statement" section of your 2023 tax form, multiply the "Title Insurance" premiums by the "Net Regulatory Surcharge" rate to determine what you owe.

Accredited, certified, reciprocal jurisdiction, and trusteed alien reinsurers

Fraud surcharge

  • Fraud surcharge rate: 0.005200%
  • Credit factor: 0.00105639220010%
  • Net Fraud Surcharge Rate: 0.00414360779990%

Using the "Premiums as Reported on the Annual Statement" section of your 2023 tax form, multiply the "Reinsurer Insurance" premiums by the Fraud surcharge rate to determine what you owe.

Regulatory surcharge

  • Regulatory surcharge rate: 0.1048%
  • Credit factor: 0.01403317864830%
  • Net Regulatory Surcharge Rate: 0.09076682135170%

Using the "Premiums as Reported on the Annual Statement" section of your 2023 tax form, multiply the "Reinsurer Insurance" premiums by the "Net Regulatory Surcharge" rate to determine what you owe.

 

Ground ambulance advisory group

The Legislature directed us to work with the Department of Health and the Health Care Authority to study how to prevent balance billing from ground ambulance services and recommend if these services should be subject to Washington's Balance Billing Protection Act.

Our advisory group on this issue sent its recommendations to the legislature in October 2023. Legislation banning ground ambulance balance billing was enacted in 2024. 

Advisory group and report

Comments on draft report, policy options, findings rankings

Organization Submitted by
Aetna/ Association of Washington Healthcare Plan policy options and findings rankings (PDF 340.46KB) Christine Dolly
Association of Washington Cities letter (PDF 332.69KB) Candice Bock
Cascade Medical/ Washington State Hospital Association policy options and findings rankings (PDF 128.10KB) Pat Songer
Department of Health comments on draft (PDF 1.06MB) Catie Holstein 
Health Care Authority comments on draft (PDF 968.31KB) Andrea Philhower
KV Health/ Washington State Hospital Association comments on draft report (PDF 2.84MB) Rhonda Holden
Northwest Health Law Advocates comments on draft and findings rankings (PDF 1.80MB) Emily Brice
Olympic Ambulance policy options and findings rankings (PDF 359.83KB) Shawn Baird
Patient Coalition Washington policy options and findings rankings (PDF 186.71KB) Alex Hamasaki
Premera/ Association of Washington Healthcare Plans letter and findings rankings (PDF 440.96KB) Samuel Wilcoxson
Washington Ambulance Association policy options and findings rankings (PDF 137.52KB) Aya Samman

Advisory Group meetings

August 10 meeting materials

Comments on policy options 

July 26 meeting materials

June 15 meeting materials

May 4 meeting materials

March 31 meeting materials

February 27 meeting materials

January 20 meeting materials

Discontinuation and renewals for health plan year 2025

The U.S. Department of Health and Human Services requires you to notify consumers when discontinuing or renewing individual and small group plans. This applies to both types of plans, whether they are grandfathered or not.

Requirements for plan year 2025 notices

You may only change the bracketed text within templates. If you need help filling out a template, call the Rates and Forms Help Desk at 360-725-7111.

Small group health plans

For small group health plans, you need to notify consumers of discontinuations or renewals in writing. You do not need to use a specific template as long as you include all the required elements in the notices (PDF 104.75KB). However, we recommend using the approved templates on this page.

Individual health plans

For individual health plans, you need to notify consumers of discontinuations or renewals in writing. Use the approved templates on this page.

How to submit draft notices to us

Individual and small group plan issuers need to submit their draft notices to us through the System for Electronic Rate and Form Filing (SERFF) for review and approval. 

Templates for draft notices

You only need to file one template for each type of notice. For example, if you have:

  • One Exchange-only individual product with seven plans, but you aren't renewing any of them.
  • One individual product you offer both on and off the Exchange with three plans. You are renewing one of the plans and discontinuing the other two.
  • Three small group products you offer off the Exchange. One of the small group products has one plan, which is renewing. One of the small group products has three plans, two of which are renewing and one isn’t. One of the small group products has three plans, and you are discontinuing all three.

In the example above, you need to file four templates:

  • One discontinuation notice for individual products sold on the Exchange
  • One renewal notice for individual products sold both on and off of the Exchange
  • One renewal notice for small group products
  • One discontinuation notice for small group products

Note: Discontinuation happens at the product level. In the example above, you are discontinuing the enrollees’ plans but will map them to a different plan in the same product. Under the federal Uniform Product Modification rules, this is a renewal.

Draft notices for American Indian/Alaskan Native and cost-sharing reduction plans 

Other than cost-sharing, these plans are the same as standard plans. You should send the same notices to people on these plans. You don’t need to file them separately through SERFF.

Using templates or creating small group notices

Follow these guidelines when using our approved templates or creating small group notices.

Avoid using cover letters

Cover letters may contradict our templates. If you use a cover letter:

  • Don't include information that conflicts with an approved template.
  • Only tell Exchange enrollees they will be auto-enrolled or mapped if you're certain that will happen.

You need to send us a copy of the cover letter and give us at least three business days to review and approve it.

Send us a copy of your cover letter.

If you mention open enrollment dates in your cover letter, use the following language:

“Between November 1, 2024 and December 15, 2024, you can choose a new plan that starts on January 1, 2025 for coverage during 2025. You can also change plans from December 16, 2024 through January 15, 2025, but your new plan coverage would not start until February 1, 2025.”

As needed, use the following language in your cover letters to Exchange enrollees:

"You may or may not be [auto-enrolled in coverage next year, or mapped to a new plan]. The Washington Health Benefit Exchange (Healthplanfinder) will be contacting you if you need to take any action to renew your coverage."

Add your issuer identification

You can:

  • Add your company's identification at the bottom of each template
  • Add a logo and identification at the top of each template

If there are no changes to the template's wording, you can print templates on your company's letterhead.

Include notice of language and disability accommodations

45 CFR 156.250 requires this. 

  • Language taglines per CCIIO Technical Guidance – March 30, 2016, Guidance and Population Data for Exchanges, Qualified Health Plan Issuers, and Web-Brokers to Ensure Meaningful Access by Limited-English Proficient Speakers Under 45 CFR §155.205(c) and §156.250. We allow the Notice and Taglines to be "posted" with forms either by being embedded in the forms or as an inset enclosed with the forms.
  • Appendix A – Top 15 Non-English Languages by State

Include changes to benefits and cost-sharing tables

Show the differences between benefits and cost-sharing levels for the current and upcoming plans. Examples of “cost-sharing” include changes in:

  • Metal tiers
  • Out-of-pocket maximums
  • Deductibles

Approved templates

Individual plan templates

Renewal notices

Use these templates for the same plan or another plan within the same product. 

Discontinuation notices

With mapping or suggested new plan

Use these templates forse these templates for on- and off-Exchange discontinuation with mapping.

Without mapping

Use these templates for on- and off-Exchange discontinuation without mapping.

Catastrophic plan discontinuation

Use this plan for catastrophic plan discontinuation notices.

Withdrawal notices

Use this template for withdrawal notices.

Small group plan templates

Use these templates for small group plan enrollees.

Sending notices

When sending notices, follow these requirements and tips to comply with laws and rules.

Renewal versus discontinuation

Choose a notice based on whether you are renewing an enrollee's product (not plan) for plan year 2025. Under federal law, renewal and discontinuation happen at the product level. Therefore, you need to send a renewal notice if one of the following is true:

  • You are renewing the enrollee’s plan for plan year 2025.
  • You are not offering the enrollee’s plan in 2025, but you are renewing their product and mapping them to a different plan within that product.

You need to send a discontinuation notice if you will no longer offer an enrollee’s product (not plan) in 2025. This applies even if:

  • You are mapping the enrollee to a new product.
  • The new product is similar to the old one.

Notices for specific plans

List all enrollees on individual plan notices

We encourage you to list the names of all enrollees in the household who are on the plan. This can reduce confusion in households where some people have different plans.

Notify each enrollee on a small group plan

Under WAC 284-43-0290(3), you need to send discontinuation notices to each employee on a small group plan, not just to the employer.

This also applies when renewing a product but discontinuing one or more of its plans. For details, see the "Renewal versus discontinuation" section above.

Student health plans

You can send the notice to the school instead of students enrolled in the plan.

Standalone pediatric dental plans

We encourage you to use our renewal and discontinuation templates to notify consumers with standalone pediatric dental plans. However, this isn't a requirement.

Large group plans

Under RCW 48.43.035(4), you need to send notices for discontinuations, but not renewals, for plans with groups of up to 200 members.

Emailing notices

You can email notices to consumers who have agreed to receive electronic notifications for important issues. If an email notice is undeliverable, you need to mail a notice to that consumer.

Providing written notice of open enrollment

Under WAC 284-43-1080(4), you need to provide written notice of open enrollment to consumers each September. You can meet this requirement by adding the notice to your website.

The federal government’s waiver of the 90-day requirement for discontinuation notices

In Washington state, you need to send notices 90 days before discontinuing plans.

Qualified health plans (QHP) through the Exchange

Washington Health Benefit Exchange has information about mapping consumers with discontinued plans and products. If you have questions about Washington Healthplanfinder's QHPs or the process, contact the Exchange.

About small pharmacy reimbursement appeals

One of the following people will review your appeal and issue an initial order:

  • Our presiding officer 
  • An administrative law judge from the Office of Administrative Hearings (OAH)  

You can submit an appeal after a PBM denies your reimbursement request or if you disagree with the PBM's decision.

You need to send us your appeal within 30 days of receiving the PBM's decision or within 30 days of the PBM's deadline for responding to the first-tier appeal. 

To file an appeal, you also need to meet all the requirements below:

  • You're a small pharmacy with no more than 15 retail locations.
  • You filled the prescription in Washington state.
  • You filled the prescription for a customer with a fully insured, non-ERISA plan.
  • The prescription was for a multiple source drug(s). 
  • You completed the reimbursement process through your PBM.
  • Within the past 30 days, you received a denial or a reimbursement you disagree with. 
  • The person submitting the appeal has the authority to file it under WAC 284-180-505. 

The Small Pharmacy Appeals Program follows these laws and rules:

  • RCW 48 is the State Insurance Code. 
  • WAC 284 contains rules for the insurance industry.  
  • WAC 284-180-505 contains rules for appeals from network pharmacies.
  • RCW 34.05 is the State’s Administrative Procedure Act.
  • WAC 10-08 contains procedures for administrative hearings.