(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 trust fund
by the state treasurer and shall be known as the public
employees' and retirees' insurance reserve fund. The state
investment board shall act as the investor for the funds and,
except as provided in RCW 43.33A.160 and 43.84.160, one hundred
percent of all earnings from these investments shall accrue
directly to the public employees' and retirees' insurance reserve
fund.
(3) Any savings realized as a result of a program created
for employees and retirees under this section shall not be used
to increase benefits unless such use is authorized by statute.
(4) Reserves established by the authority to provide
insurance coverage for the basic health plan under chapter 70.47 RCW shall be held in a separate trust account in the custody of
the state treasurer and shall be known as the basic health plan
self-insurance reserve account. The state investment board shall
act as the investor for the funds as set forth in RCW 43.33A.230
and, except as provided in RCW 43.33A.160 and 43.84.160, one
hundred percent of all earnings from these investments shall
accrue directly to the basic health plan self-insurance reserve
account.
(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.
[2011 1st sp.s. c 15 § 59; 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.]
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.
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--Severability -- Savings--Captions not law--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 §§ 1, 2, 4-6, 8-10, and 12-16: See note following RCW 28A.400.391.