Wash. Rev. Code § 41.05.140

Current through the 2024 Regular Session
Section 41.05.140 - Payment of claims-Self-insurance-Insurance reserve fund created
(1) Except for property and casualty insurance, the authority may self-fund, self-insure, or enter into other methods of providing insurance coverage for insurance programs under its jurisdiction, including the basic health plan as provided in chapter 70.47 RCW. The authority shall contract for payment of claims or other administrative services for programs under its jurisdiction. If a program does not require the prepayment of reserves, the authority shall establish such reserves within a reasonable period of time for the payment of claims as are normally required for that type of insurance under an insured program. The authority shall endeavor to reimburse basic health plan health care providers under this section at rates similar to the average reimbursement rates offered by the statewide benchmark plan determined through the request for proposal process.
(2) Reserves established by the authority for employee and retiree benefit programs shall be held in a separate account in the custody of the state treasurer and shall be known as the public employees' and retirees' insurance reserve fund. The state treasurer may invest the moneys in the reserve fund pursuant to RCW 43.79A.040.
(3) Reserves established by the authority for school employee benefit programs shall be held in a separate account in the custody of the state treasurer and shall be known as the school employees' benefits board insurance reserve fund. The state treasurer may invest the moneys in the reserve fund pursuant to RCW 43.79A.040.
(4) Any savings realized as a result of a program created for employees or school employees and retirees under this section shall not be used to increase benefits unless such use is authorized by statute.
(5) Any program created under this section shall be subject to the examination requirements of chapter 48.03 RCW as if the program were a domestic insurer. In conducting an examination, the commissioner shall determine the adequacy of the reserves established for the program.
(6) The authority shall keep full and adequate accounts and records of the assets, obligations, transactions, and affairs of any program created under this section.
(7) The authority shall file a quarterly statement of the financial condition, transactions, and affairs of any program created under this section in a form and manner prescribed by the insurance commissioner. The statement shall contain information as required by the commissioner for the type of insurance being offered under the program. A copy of the annual statement shall be filed with the speaker of the house of representatives and the president of the senate.
(8) The provisions of this section do not apply to the administration of chapter 74.09 RCW.

RCW 41.05.140

Amended by 2018 c 260,§ 17, eff. 6/7/2018.
Amended by 2013 c 251,§ 10, eff. 6/30/2013.
Amended by 2012 c 187,§ 10, eff. 6/7/2012.
Amended by 2011SP1 c 15, § 59, eff. 7/1/2011.
2000 c 80 § 5; 2000 c 79 § 44; 1994 c 153 § 10. Prior: 1993 c 492 § 220; 1993 c 386 § 12; 1988 c 107 § 12.

Residual balance of funds-Effective date- 2013 c 251 : See notes following RCW 41.06.280.

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.

Effective date-Severability-2000 c 79: See notes following RCW 48.04.010.

Intent-Effective dates-1994 c 153: See notes following RCW 41.05.011.

Findings-Intent-1993 c 492: See notes following RCW 43.20.050.

Short title-Savings-Reservation of legislative power-Effective dates-1993 c 492: See RCW 43.72.910 through 43.72.915.

Intent-1993 c 386: See note following RCW 28A.400.391.

Effective date-1993 c 386 ss 1, 2, 4-6, 8-10, and 12-16: See note following RCW 28A.400.391.