wa-26-20-104: Insurance Commissioner, Office of the — WSR 26-20-104

WSR 26-20-104 (26-20)WSR 26-20-104PROPOSED RULESOFFICE OF THEINSURANCE COMMISSIONER[Filed October 7, 2026, 8:49 a.m.]Original Notice.Preproposal statement of inquiry was filed as WSR 26-15-123.Title of Rule and Other Identifying Information: The office of the insurance commissioner is proposing new rules to allow insurers to offer additional noninsurance benefits in life and group disability insurance policies. The new sections include WAC 284-23-590, 284-23-595, and 284-50-280. Hearing Location(s): On November 10, 2026, at 11:00 a.m. PT, via Zoom at https://wa-oic.zoom.us/meeting/register/YKm6AMhWQpW8KnrieeL9ow#/registration. Written comments are due by 11:59 p.m. on November 11, 2026. Written comments can be emailed to rulescoordinator@oic.wa.gov. Date of Intended Adoption: November 12, 2026.Submit Written Comments to: Rules Coordinator, P.O. Box 40255, Olympia, WA 98504-0255, email rulescoordinator@oic.wa.gov, fax 360-586-3109/3535, web https://www.insurance.wa.gov/laws-rules/legislation-and-rulemaking/rulemaking/allowing-additional-benefits-life-and-disability-insurance-policies-r-2026-03, beginning October 7, 2026, at 8:00 a.m. PT, by November 11, 2026, at 11:59 p.m. PT.Assistance for Persons with Disabilities: Contact rules coordinator, phone 360-725-7171, fax 360-586-3109/3535, TTY 360-586-0241, email rulescoordinator@oic.wa.gov, by 5:00 p.m. PT on November 9, 2026.Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule making proposes giving consumers access to additional noninsurance benefits beyond those allowed in RCW 48.23.525, 48.24.280, and 48.21.380. The proposed rule allows insurers to offer an expanded list of noninsurance benefits to consumers. The proposal includes three new rule sections and does not amend any existing rules.Reasons Supporting Proposal: RCW 48.23.525, 48.24.280, and 48.21.380 allow insurers to include specific noninsurance benefits in individual and group life insurance policies and group disability insurance policies. Each of these statutes also grants the insurance commissioner authority to write rules allowing insurers to offer additional services. Consumers may benefit from access to additional noninsurance benefits in life and group disability insurance policies. Statutory Authority for Adoption: RCW 48.02.060 (3)(a), 48.21.380 (1)(f) and (2), 48.23.525 (1)(e) and (3), and 48.24.280 (1)(f) and (2).Statute Being Implemented: Not applicable.Rule is not necessitated by federal law, federal or state court decision.Name of Proponent: Patty Kuderer, insurance commissioner, governmental.Name of Agency Personnel Responsible for Drafting: Tyler Langford, 302 Sid Snyder Avenue, Olympia, WA 98501, 360-725-7171; Implementation: Todd Lovshin, 5000 Capitol Boulevard S.E., Tumwater, WA 98501, 360-725-7000; and Enforcement: Sofia Pasarow, 5000 Capitol Boulevard S.E., Tumwater, WA 98501, 360-725-7000.A school district fiscal impact statement is not required under RCW 28A.305.135.A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Rules Coordinator, P.O. Box 40255, Olympia, WA 98504-0255, phone 360-725-7171, fax 360-586-3109/3535, TTY 360-586-0241, email rulescoordinator@oic.wa.gov.This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(4).Explanation of exemptions: The rule is exempt from small business economic impact statement requirements because life and disability insurers are not small businesses. (Based on preliminary 2025 employment security department covered employment data, life and disability insurers have an average of 58 employees per firm (2,216 average annual employment/38 average firms), exceeding the 50 employee per firm threshold to qualify as "small businesses").Further, the rule does not cause more than a minor cost on the industry because life and disability insurers are not required to offer noninsurance benefits and, if an insurer did offer noninsurance benefits, compliance activities (e.g., disclosures and routine form updates) are not anticipated to exceed standard costs of doing business.Scope of exemption for rule proposal:Is fully exempt.A copy of the detailed cost calculations may be obtained by contacting Rules Coordinator, P.O. Box 40255, Olympia, WA 98504-0255, phone 360-725-7171, fax 360-586-3109/3535, TTY 360-586-0241, email rulescoordinator@oic.wa.gov.October 7, 2026Patty KudererInsurance CommissionerRDS-7454.2NEW SECTIONWAC 284-23-590Noninsurance benefits in individual life insurance.(1) In addition to the noninsurance benefits listed in RCW 48.23.525 (1)(a) through (d), a life insurer may include the following noninsurance benefits as part of a policy of individual life insurance with the prior approval of the commissioner:(a) Grief counseling;(b) Funeral planning and funeral services, but it must be disclosed that this noninsurance benefit does not constitute an insurance funded prearrangement contract, pursuant to RCW 18.39.255;(c) Travel assistance services which may include only: Security advisories, destination information, vaccination and immunization information services, travel reservation services, entertainment, activity and event planning, translation assistance, emergency messaging, international legal and medical referrals, medical case monitoring, coordination of transportation arrangements, emergency cash transfer assistance, medical prescription replacement assistance, passport and travel document replacement assistance, lost luggage assistance, and concierge services;(d) Nonclinical services to enhance health and reduce the risk of death of the insured which may include only: Nutrition counseling, smoking cessation counseling, alcohol reduction counseling, and exercise coaching;(e) Caregiver education and coaching services;(f) Survivor outreach services;(g) Consultation and referrals regarding childcare or eldercare;(h) Financial wellness, education, or planning services.(2) The noninsurance benefits listed in subsection (1)(a) through (h) of this section must bear a reasonable relationship to the individual life insurance with which they are intended to be offered. In determining whether a proposed noninsurance benefit bears a reasonable relationship to the individual life insurance with which it is intended to be offered, the commissioner may consider whether the benefit will assist insureds or beneficiaries before, during, or following an insured event, or will otherwise complement the insurance coverage.NEW SECTIONWAC 284-23-595Noninsurance benefits in group life insurance.(1) In addition to the noninsurance benefits listed in RCW 48.24.280 (1)(a) through (e), a life insurer may include the following noninsurance benefits as part of a policy or certificate of group life insurance with the prior approval of the commissioner:(a) Travel assistance services which may include only: Security advisories, destination information, vaccination and immunization information services, travel reservation services, entertainment, activity and event planning, translation assistance, emergency messaging, international legal and medical referrals, medical case monitoring, coordination of transportation arrangements, emergency cash transfer assistance, medical prescription replacement assistance, passport and travel document replacement assistance, lost luggage assistance, and concierge services;(b) Nonclinical services to enhance health and reduce the risk of death of the insured which may include only: Nutrition counseling, smoking cessation counseling, alcohol reduction counseling, and exercise coaching;(c) Caregiver education and coaching services;(d) Survivor outreach services;(e) Consultation and referrals regarding childcare or eldercare;(f) Financial wellness, education, or planning services.(2) The noninsurance benefits listed in subsection (1)(a) through (f) of this section must bear a reasonable relationship to the group life insurance with which they are intended to be offered. In determining whether a proposed noninsurance benefit bears a reasonable relationship to the group life insurance with which it is intended to be offered, the commissioner may consider whether the benefit will assist insureds or beneficiaries before, during, or following an insured event, or will otherwise complement the insurance coverage.RDS-7455.2NEW SECTIONWAC 284-50-280Noninsurance benefits in group disability insurance.(1) In addition to the noninsurance benefits listed in RCW 48.21.380 (1)(a) through (e), a disability insurer may include the following noninsurance benefits as part of a policy of group disability insurance with the prior approval of the commissioner:(a) Travel assistance services which may include only: Security advisories, destination information, vaccination and immunization information services, travel reservation services, entertainment, activity and event planning, translation assistance, emergency messaging, international legal and medical referrals, medical case monitoring, coordination of transportation arrangements, emergency cash transfer assistance, medical prescription replacement assistance, passport and travel document replacement assistance, lost luggage assistance, and concierge services;(b) Nonclinical services to enhance health and reduce the risk of disability of the insured which may include only: Nutrition counseling, smoking cessation counseling, alcohol reduction counseling, and exercise coaching;(c) Caregiver education and coaching services;(d) Worksite modification services that facilitate the insured's return to work after a covered loss;(e) Consultation and referrals regarding childcare or eldercare;(f) Financial wellness, education, or planning services.(2) The noninsurance benefits listed in subsection (1)(a) through (f) of this section must bear a reasonable relationship to the group disability insurance with which they are intended to be offered. In determining whether a proposed noninsurance benefit bears a reasonable relationship to the group disability insurance with which it is intended to be offered, the commissioner may consider whether the benefit will assist insureds or beneficiaries before, during, or following an insured event, or will otherwise complement the insurance coverage.