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Individual State Agency Fiscal Note — 5319 SB, Pet Insurance, Office of Insurance Commissioner

Summary

Individual State Agency Fiscal Note for 5319 SB, titled Pet Insurance, from the Office of Insurance Commissioner (agency 160). Part I lists operating expenditures of $152,468 in FY 2024, $85,453 in FY 2025 and $237,921 for 2023-25 from the Insurance Commissioners Regulatory Account-State, with estimated cash receipts of NONE; the box for new rule making is marked X. The narrative says Section 3(1) requires insurers to use the definitions set forth in the bill and that Section 4(2)(a) gives pet insurance applicants a right to examine and return the policy and to have the premium refunded. It states that normal rulemaking is required in FY2024 to address wellness program marketing practices on websites that contain insurance products.

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“Individual State Agency Fiscal Note — 5319 SB, Pet Insurance, Office of Insurance Commissioner.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-01-24-a30526-d249085-5319-sb-fn-01-17-23-f393c0d4df/, SHA-256 2a5159ccc5e0de0fcafbd7ab3cf850d3ddb2a9a12595816f177962f840b36592.

Full text

                            Individual State Agency Fiscal Note

Bill Number:      5319 SB                Title:     Pet Insurance                                             Agency: 160-Office of Insurance
                                                                                                                      Commissioner

Part I: Estimates
      No Fiscal Impact

Estimated Cash Receipts to:

      NONE


Estimated Operating Expenditures from:
                                                       FY 2024               FY 2025              2023-25              2025-27              2027-29
 FTE Staff Years                                                  1.1                   0.7              0.9                      0.7              0.7
 Account
 Insurance Commissioners Regulatory                          152,468                 85,453            237,921               170,906             166,797
 Account-State       138-1
                                Total $                      152,468                 85,453            237,921               170,906             166,797


Estimated Capital Budget Impact:

    NONE




   The cash receipts and expenditure estimates on this page represent the most likely fiscal impact. Factors impacting the precision of these estimates,
   and alternate ranges (if appropriate), are explained in Part II.

  Check applicable boxes and follow corresponding instructions:
      If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note
  X
      form Parts I-V.
      If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I).

      Capital budget impact, complete Part IV.

  X   Requires new rule making, complete Part V.


   Legislative Contact:     Kellee Gunn                                                       Phone: 786-7429                Date: 01/11/2023
   Agency Preparation:      David Forte                                                       Phone: 360-725-7042            Date: 01/16/2023
   Agency Approval:         Michael Wood                                                      Phone: 360-725-7007            Date: 01/16/2023
  OFM Review:               Jason Brown                                                       Phone: (360) 742-7277          Date: 01/17/2023

Form FN (Rev 1/00) 177,988.00                                                                                                      Request # 23-16-1
FNS063 Individual State Agency Fiscal Note                              1                                                              Bill # 5319 SB
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact
Significant provisions of the bill and any related workload or policy assumptions that have revenue or expenditure impact on the responding agency by
section number.

 Section 3(1) requires insurers to use the definitions set forth in section 2 and include the definition of the terms in the policy
 if the insurer uses any of the terms in a policy of pet insurance.

 Section 4(2)(a) gives the right to pet insurance applicants, unless the insured has filed a claim under the pet insurance policy,
 to examine and return the policy, certificate, or endorsement to the company or an insurance producer appointed by the
 company within 15 days of its receipt and to have the premium refunded if the applicant is not satisfied for any reason.
 Section 4(2)(b) requires pet insurance policies, certificates, and endorsements to have a notice prominently printed on the
 first page or attached thereto including specific instructions to accomplish a return.

 Section 4(1), and 4(3) through 4(10) establishes pet insurance disclosure requirements for pre-existing conditions, hereditary
 disorders, congenital anomalies/disorders, chronic conditions, other policy exclusions, waiting periods, coverage limits,
 underwriting company name, summary description of claim payment basis or formula, benefit schedules, usual and
 customary fee limitation provisions, medical examinations required to effectuate coverage, and waiting periods and the
 requirements applicable to them. Insurers must provide a separate document disclosing these policy provisions to
 consumers and post the document through a clear and conspicuous link on the main page of either the pet insurer’s website
 or the pet insurer’s program administrator’s website.

 Section 5 establishes the parameters for pre-existing condition exclusions and waiting periods for sickness and injury.
 Pre-existing conditions may be excluded with proper disclosure to the insured. Waiting periods for injury are not allowed and
 those for illness are limited to 30 days.

 Section 8 authorizes the OIC to adopt rules necessary to implement and administer the chapter.

 Section 10 creates an effective date of January 1, 2024.
II. B - Cash receipts Impact
Cash receipts impact of the legislation on the responding agency with the cash receipts provisions identified by section number and when appropriate, the
detail of the revenue sources. Description of the factual basis of the assumptions and the method by which the cash receipts impact is derived. Explanation
of how workload assumptions translate into estimates. Distinguished between one time and ongoing functions.

II. C - Expenditures
Agency expenditures necessary to implement this legislation (or savings resulting from this legislation), with the provisions of the legislation that result in
the expenditures (or savings) identified by section number. Description of the factual basis of the assumptions and the method by which the expenditure
impact is derived. Explanation of how workload assumptions translate into cost estimates. Distinguished between one time and ongoing functions.


 Section 3(1) requires insurers to use the definitions set forth in section 2 and include the definition of the terms in the policy
 if the insurer uses any of the terms in a policy of pet insurance.

 Section 4(2)(a) gives the right to pet insurance applicants, unless the insured has filed a claim under the pet insurance policy,
 to examine and return the policy, certificate, or endorsement to the company or an insurance producer appointed by the
 company within 15 days of its receipt and to have the premium refunded if the applicant is not satisfied for any reason.
 Section 4(2)(b) requires pet insurance policies, certificates, and endorsements to have a notice prominently printed on the
 first page or attached thereto including specific instructions to accomplish a return.

 Section 4(1), and 4(3) through 4(10) establishes pet insurance disclosure requirements for pre-existing conditions, hereditary
 disorders, congenital anomalies/disorders, chronic conditions, other policy exclusions, waiting periods, coverage limits,
 underwriting company name, summary description of claim payment basis or formula, benefit schedules, usual and

Pet Insurance                                                                                                    160-Office of Insurance Commissioner
Form FN (Rev 1/00) 177,988.00                                                                                                       Request # 23-16-1
FNS063 Individual State Agency Fiscal Note                                2                                                              Bill # 5319 SB
 customary fee limitation provisions, medical examinations required to effectuate coverage, and waiting periods and the
 requirements applicable to them. Insurers must provide a separate document disclosing these policy provisions to
 consumers and post the document through a clear and conspicuous link on the main page of either the pet insurer’s website
 or the pet insurer’s program administrator’s website.

 Section 5 establishes the parameters for pre-existing condition exclusions and waiting periods for sickness and injury.
 Pre-existing conditions may be excluded with proper disclosure to the insured. Waiting periods for injury are not allowed and
 those for illness are limited to 30 days.

 Sections 3, 4, and 5 will require insurers issuing pet insurance products to make a one-time filing to refile rates and forms to
 account for policy definitions and provisions, waiting periods, disclosure document, and the 15-day free look period. There
 are currently 43 approved pet insurance product rate filings, with an average of 9 rate filing updates received each year,
 and 127 approved pet insurance product form filings. Each rate filing takes an average of 4 hours, and each form filing
 takes an average of 1.5 hours to review. In FY2024, one-time costs of 12 hours of a Functional Program Analyst 4 (FPA4)
 to update filing review standards, update checklist documents, and train staff; and one-time costs of 136 hours (34 rate
 filings x 4 hours) of an Actuary 2 and 190.5 hours (127 form filings x 1.5 hours) of a Functional Program Analyst 3 (FPA3)
 to conduct rate and form filing reviews will be required.

 Sections 3 through 7 create conditions that are new to the pet insurance line of business and will require additional market
 analysis and market conduct examinations of pet insurers. The OIC conducted 11 pet insurance company market analysis
 reviews and 8 market conduct examinations between 2017 and 2022. Market analysis reviews require an average of 50
 hours and market conduct examinations require an average of 120 hours per insurer to complete. The OIC assumes an
 additional 6 market analysis reviews and 6 market conduct examinations will be required each year beginning in FY2024
 requiring 300 hours (6 market reviews x 50 hours) of a FPA4 and 720 hours (6 market conduct examinations x 120 hours)
 of a FPA3 to ensure the use of definitions are correct, disclosure required have been transmitted and properly written,
 waiting periods and use of preexisting conditions are closely followed, wellness plans are not intermingled with insurance
 products, and insurers are monitoring that producers have the required training.

 OIC further assumes this bill will provide market clarity and uniformity across states that adopt the model. It is much more
 cost beneficial for insurance companies to enter marketplaces that have a uniform standard the same as other markets they
 are already in, because they do not have to create unique products and pricing. OIC assumes this will result in one new
 insurer entering the WA marketplace each year for at least for the next five years. Each new company application takes an
 average of 40 hours, each rate filing takes an average of 4 hours, and each form filing takes an average of 1.5 hours to
 review. For FY2024 through FY2028, costs of 40 hours of a FPA4, 4 hours of an Actuary 2 and 1.5 hours of a FPA3 to
 conduct rate and form filing reviews will be required each year.

 Section 8 authorizes the OIC to adopt rules necessary to implement and administer the chapter. In FY2024, normal
 rulemaking is required to address wellness program marketing practices on websites that contain insurance products,
 provide a format for the disclosure document referenced in section 4, and to define "service provider" in section 6 that is not
 defined in section 2.

 Ongoing Costs:
 Salary, benefits and associated costs for .22 FTE Functional Program Analyst 4 and .44 FTE Functional Program Analyst 3.

Part III: Expenditure Detail
III. A - Operating Budget Expenditures
Account Account Title          Type            FY 2024            FY 2025          2023-25           2025-27          2027-29
 138-1      Insurance          State               152,468             85,453         237,921            170,906         166,797
            Commissioners
            Regulatory Account
                                 Total $            152,468             85,453         237,921            170,906          166,797


Pet Insurance                                                                               160-Office of Insurance Commissioner
Form FN (Rev 1/00) 177,988.00                                                                                  Request # 23-16-1
FNS063 Individual State Agency Fiscal Note                    3                                                     Bill # 5319 SB
 III. B - Expenditures by Object Or Purpose
                                                      FY 2024                  FY 2025             2023-25                 2025-27               2027-29
  FTE Staff Years                                                  1.1                      0.7              0.9                     0.7                    0.7
  A-Salaries and Wages                                        90,567                     50,043          140,610               100,086                97,658
  B-Employee Benefits                                         31,407                     18,319           49,726                36,638                35,779
  C-Professional Service Contracts
  E-Goods and Other Services                                  30,494                     17,091           47,585                34,182                33,360
  G-Travel
  J-Capital Outlays
  M-Inter Agency/Fund Transfers
  N-Grants, Benefits & Client Services
  P-Debt Service
  S-Interagency Reimbursements
  T-Intra-Agency Reimbursements
  9-
                                Total $                      152,468                     85,453          237,921               170,906               166,797

 III. C - Operating FTE Detail: List FTEs by classification and corresponding annual compensation. Totals need to agree with total FTEs in
          Part I and Part IIIA

  Job Classification                                Salary               FY 2024             FY 2025       2023-25            2025-27             2027-29
  Actuary 2                                              132,612                   0.1                               0.0
  Functional Program Analyst 3                            73,260                   0.6             0.4               0.5                   0.4              0.4
  Functional Program Analyst 4                            80,952                   0.3             0.2               0.3                   0.2              0.2
  Senior Policy Analyst                                  108,432                   0.2                               0.1
                        Total FTEs                                                 1.1             0.7               0.9                   0.7              0.7



III. D - Expenditures By Program (optional)
 NONE


 Part IV: Capital Budget Impact
  IV. A - Capital Budget Expenditures
       NONE

 IV. B - Expenditures by Object Or Purpose
        NONE

IV. C - Capital Budget Breakout
 Acquisition and construction costs not reflected elsewhere on the fiscal note and description of potential financing methods.
       NONE

 IV. D - Capital FTE Detail: FTEs listed by classification and corresponding annual compensation. Totals agree with total FTEs in Part IVB.


      NONE

Part V: New Rule Making Required
Provisions of the bill that require the agency to adopt new administrative rules or repeal/revise existing rules.

Section 8 authorizes the OIC to adopt rules necessary to implement and administer the chapter. In FY2024, normal
rulemaking is required to address wellness program marketing practices on websites that contain insurance products, provide
a format for the disclosure document referenced in section 4, and to define "service provider" in section 6 that is not defined in

Pet Insurance                                                                                                      160-Office of Insurance Commissioner
Form FN (Rev 1/00) 177,988.00                                                                                                         Request # 23-16-1
FNS063 Individual State Agency Fiscal Note                                 4                                                               Bill # 5319 SB
section 2.




Pet Insurance                                    160-Office of Insurance Commissioner
Form FN (Rev 1/00) 177,988.00                                       Request # 23-16-1
FNS063 Individual State Agency Fiscal Note   5                           Bill # 5319 SB


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