1. The Washington State Health Insurance Pool is an entity created by statute for specified state purposes and lacks the authority to assume the form of a non-profit corporation. 2. The Washington State Health Insurance Pool cannot effectively, through amending its plan of operation and obtaining the approval of the Insurance Commissioner, change the extent to which its board members, officers, or employees are liable for their actions.
RCW 48.41.090 provides for assessment of members of the Washington State Health Insurance Pool based on the number of persons insured under the member's health plan. A member is not subject to assessment if the coverage provided does not fall within the definition of "health plan." RCW 48.41.030(9) defines "health plan" as an arrangement that includes coverage for both hospital and medical benefits. Thus, coverage that is limited exclusively to chiropractic services with no hospital services is not a health plan and a member is not subject to assessment with respect to persons so covered.