Wash. Rev. Code § 48.155.001
Short title
This chapter may be known and cited as the Washington health care discount plan organization act.
Revised Code of Washington Chapter 48.155 — Health Care Discount Plan Organization Act
Washington · statute · Wash. Rev. Code ch. 48.155 · 18 active provisions
Provisions
Wash. Rev. Code § 48.155.003
Purpose
The purposes of this chapter are to promote the public interest by establishing standards for discount plan organizations, to protect consumers from unfair or deceptive marketing, sales, or enrollment practices, and to facilitate consumer understanding of the role and function of discount plan organizations in providin…
Wash. Rev. Code § 48.155.007
Rules
The commissioner may adopt rules to implement this chapter.
Wash. Rev. Code § 48.155.010
Definitions
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Affiliate" means a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, the person specified.(2) "Commissioner" means the Wa…
Wash. Rev. Code § 48.155.015
Application of chapter
(1) This chapter applies to all discount plans and all discount plan organizations doing business in or from this state or that affect subjects located wholly or in part or to be performed within this state, and all persons having to do with this business.(2) A discount plan organization that is a health carrier, as de…
Wash. Rev. Code § 48.155.020
License required—Application—Review—Annual renewal—Required disclosures
(1) Before conducting discount plan business to which this chapter applies, a person must obtain a license from the commissioner to operate as a discount plan organization.(2) Except as provided in subsection (4) of this section, each application for a license to operate as a discount plan organization:(a) Must be in a…
Wash. Rev. Code § 48.155.030
Minimum net worth
(1) Except under subsection (3) of this section, before the commissioner issues a license to any person required to obtain a license under RCW 48.155.020, the person seeking to operate a discount plan organization must have a net worth of at least one hundred fifty thousand dollars.(2) At all times, except under subsec…
Wash. Rev. Code § 48.155.040
Surety bond—Deposit in lieu of bond
(1) Each licensed discount plan organization shall continuously maintain in force a surety bond in its own name in an amount not less than thirty-five thousand dollars to be used in the discretion of the commissioner to protect the financial interest of Washington members. The bond must be issued by an insurance compan…
Wash. Rev. Code § 48.155.050
Investigations by commissioner—Organization must maintain detailed books and records
(1) The commissioner may conduct investigations to determine whether any person has violated any provision of this chapter and may, if the commissioner has a reason to believe that the discount plan organization is not complying with the requirements of this chapter, examine the business and affairs of any discount pla…
Wash. Rev. Code § 48.155.060
Charges and fees—When writing is required—Cancellation
(1) A discount plan organization may charge a periodic charge as well as a reasonable one-time processing fee of no more than thirty dollars for a discount plan, or such other amount as established by rule, but may not require payment of these or any other charges or fees by direct debit from a banking, credit, or debi…
Wash. Rev. Code § 48.155.070
Written health care provider agreements required—Terms—Internet website
(1)(a) A discount plan organization shall have a written health care provider agreement with all health care providers for whose health care services it provides access to a discount to its members. The written health care provider agreement may be entered into directly with the health care provider or indirectly with…
Wash. Rev. Code § 48.155.080
Marketing products—Directly to consumers—By contract with marketers
(1) A discount plan organization may market its products directly to consumers or contract with marketers for the distribution of its discount plans.(2)(a) The discount plan organization shall have an executed written agreement with a marketer prior to the marketer's marketing, promoting, selling, or distributing the d…
Wash. Rev. Code § 48.155.090
Communications with regulators and consumers—Restrictions—Required general disclosures
(1)(a) All advertisements, marketing efforts, promotions, marketing materials, discount plan documents, brochures, discount plan cards, and any other communications of a discount plan organization provided to prospective members and members must be truthful and not misleading in fact or in implication.(b) Any advertise…
Wash. Rev. Code § 48.155.100
Organization changes require notice to commissioner
Each discount plan organization shall provide the commissioner at least thirty days' advance notice of any change in the discount plan organization's name, address, principal business address, mailing address, toll-free telephone number, or internet website address.
Wash. Rev. Code § 48.155.110
Annual report required—Fee—Contents—Failure to file
(1) If the information required in subsection (2) of this section is not provided at the time of renewal of a license under RCW 48.155.020, a discount plan organization shall file an annual report with the commissioner in the form prescribed by the commissioner no later than March 31st of the following year.(2) The ann…
Wash. Rev. Code § 48.155.120
Designation of compliance officer
Each discount plan organization shall designate and provide the commissioner with the name, address, and telephone number of the organization's compliance officer responsible for ensuring compliance with this chapter.
Wash. Rev. Code § 48.155.130
Violation of chapter—Commissioner's authority—Penalties—Criminal sanctions—Civil action for recovery of damages
(1) In lieu of or in addition to suspending or revoking a discount plan organization's license under *RCW 48.155.020(8), whenever the commissioner has cause to believe that any person is violating or is about to violate any provision of this chapter or any rules adopted under this chapter or any order of the commission…
Wash. Rev. Code § 48.155.140
Temporary and permanent injunctive relief—When authorized
(1)(a) In addition to the penalties and other enforcement provisions of this chapter, the commissioner may seek both temporary and permanent injunctive relief when:(i) A discount plan is being operated by a person or entity that is not licensed under this chapter; or(ii) Any person, entity, or discount plan organizatio…