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Aliera Healthcare, Inc.

This may not be a complete record of the materials in this case. Additional material may be obtained through the OIC Public Records Office.

Hearing information and documents

About this case:

On August 7, 2019, the OIC Hearings Unit received and filed the Demand for Hearing submitted on behalf of Aliera Healthcare, Inc. to appeal the Order to Cease & Desist No. 19-0251 issued by the Legal Department of the OIC.  Aliera Healthcare, Inc., is, inter alia, the administrator of Trinity Healthshare, Inc., that represented itself as a health care sharing ministry (HCSM). See also related matter, in re: Appeal of Trinity Healthshare, Inc., No. 19-0252

The Cease & Desist Order was effective May 13, 2019 and alleged violations of RCW 48.15.020; RCW 48.17.060; RCW 48.30.040; RCW 48.44.015(1); RCW 48.155.020(1), with fine impositions pursuant to RCW 48.02.080; RCW 48.15.023; RCW 48.17.063; RCW 48.30.010; RCW 48.44.016; RCW 48.155.130(1).

The following is a list of issues that was agreed on by the parties for the Notice of Hearing; the answers to these questions are taken from the Final Order on Summary Judgment (entered November 13, 2020):

1.  Did Aliera violate RCW 48.17.060 by selling, soliciting or negotiating insurance in Washington state without a license?

  • "Because Trinity HealthShare Inc.’s (“Trinity”) products qualify as “insurance” under the definition in RCW 48.01.040, and because Trinity Healthshare Inc. does not meet the criteria in RCW 48.43.009, and by incorporation, 26 U.S.C. § 5000A(d)(2)(B)(ii), Aliera violated RCW 48.17.060 by selling, soliciting, or negotiating insurance in Washington without a license." -- Final Order at Para. 4, p.2

2.  Did Aliera represent an unauthorized insurer in violation of RCW 48.15.020(2)(a)?

  • "Because Trinity’s products fall under the definition of insurance under RCW 48.01.040, and because Trinity does not meet the criteria in RCW 48.43.009, and by incorporation, 26 U.S.C. § 5000A(d)(2)(B)(ii), Aliera violated RCW 48.15.020(2)(a) by representing an unauthorized insurer (Trinity)." -- Final Order at Para. 5, p.2

3.  Did Aliera violate RCW 48.44.015(1) by acting as a healthcare service contractor without first being registered by the commissioner?

  • "As Aliera is “otherwise engaged in insurance business,” it can only be found to have acted as an unlicensed healthcare service contractor if Trinity either qualifies as a healthcare sharing ministry or the plans do not meet the definition of insurance. In that case, Aliera violated RCW 48.44.015(1) by acting as a healthcare service contractor without first being registered with the commissioner." -- Final Order at Para. 6, p.2

4.  Did Aliera operate as a discount plan organization without first obtaining a license in violation of RCW 48.155.020(1)?

  • "Aliera operated as a discount plan organization without first obtaining a license in violation of RCW 48.155.020(1)." -- Final Order at Para 7, p.2

5.  Did Aliera knowingly make, publish, or disseminate any false, deceptive or misleading representation or advertising in the conduct of the business of insurance, or relative to the business of insurance, or relative to any person engaged therein, in violation of RCW 48.30.040?

  • "Because Aliera sold Trinity products that qualify as insurance, Aliera did not violate RCW 48.30.040 by advertising insurance like products." -- Final Order at Para 8, p.2

6. Did Aliera violate Washington disability insurance advertising regulations in WAC 284-50-050 and WAC 284-50-060?

  • "Because Aliera sold Trinity products that qualify as insurance, Aliera did not violate WAC 284-50-050 and WAC 284-50-060." -- Final Order at Para 9, p.2

Per the Final Order on Summary Judgment:

  1. The OIC's Motion for Summary Judgment is granted; All further proceedings are stricken
  2. Aliera's Motion for Summary Judgment is denied.
  3. Per the reasons outlined (above and in the order), it is ordered that the Order to Cease & Desist No. 19-0251 remains in effect.

Scheduled events:

  • October 29, 2019  - Prehearing Conference, (held by telephone)
  • March 30, 2020 - Motion Hearing, in re: OIC's Motion to Compel Discovery (held by telephone)
  • September 14-18, 2020 - Evidentiary Hearing - CHANGED to December 7-11, 2020
  • October 19, 2020 - Motion Hearing, in re: Cross-motions for Summary Judgment  (by telephone, see Notice of Motion Hearing and Call-in instructions below)
  • December 7-11, 2020  - Evidentiary Hearing (see Amended Notice of Hearing and Amended Case Schedule below) STRICKEN

Docket number:

19-0251

Status

Closed

Type of action:

Cease & Desist Order

Outcome:

Judgement awarded to OIC, C&D remains in effect.

Documents: