The proposed language provides a clear understanding of when Form SI-19 (Certification of Servicing for Self-Insurers) is due for one year contracts and continuous servicing contracts.

 

DEPARTMENT OF FINANCIAL SERVICES
Division of Worker’s Compensation

RULE NO.: RULE TITLE:
69L-5.216: Provision of Benefits and Safe Working Environment by Self-Insurers
PURPOSE AND EFFECT: The proposed language provides a clear understanding of when Form SI-19 (Certification of Servicing for Self-Insurers) is due for one year contracts and continuous servicing contracts.
SUMMARY: This amendment clarifies when Form SI-19 (Certification of Servicing for Self-Insurers) is due to the Division of Workers’ Compensation or Florida Self-Insurers Guaranty Association (FSIGA) for current and former self-insurers who contract with Qualified Servicing Entities for one or more years.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: There is neither a cost nor an exemption from cost associated with this rule. The clarification of language should reduce the regulatory burden on the private sector by making the certification requirements more clear. As a result, better compliance by insurers will result in the assessment of fewer penalties for late-filed certifications.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 440.38(1), (2), (3), 440.385(6), 440.525(2), 440.591 FS.
LAW IMPLEMENTED: 440.38(1), (2), (3), 440.385(1), (3), (6), 440.525 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Wednesday, October 31, 2012, 9:30 a.m.
PLACE: Room 102, Hartman Building, 2012 Capital Circle Southeast, Tallahassee, Florida.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Pam Macon @ [phone] or [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Pam Macon, Bureau Chief, Bureau of Monitoring and Audit, Division of Workers’ Compensation, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-4224, [phone] or [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

69L-5.216  Provision of Benefits and a Safe Working Environment by Self-Insurers.

(1) through (2) No change.

(3) Current Self-Insurers or and Former Self-Insurers contracting with a Qualified Servicing Entityies must submit a completed file Form DFS-F2-SI-19 (Certification of Servicing for Self-Insurers), effective 08/09, within thirty (30) days of entering into a servicing contract.  For expiring contracts renewed with the same Qualified Servicing Entity, a completed Form DFS-F2-SI-19 must be submitted within thirty (30) days of the expiration date of the contract being renewed.  For contracts that are continuous or have terms greater than three (3) years, Form DFS-F2-SI-19 must be submitted no later than three (3) years and thirty (30) days from the date of submission of the prior Form DFS-F2-SI-19.

(a) through (b) No change.

(4) through (5) No change.

Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.525(2), 440.591 FS. Law Implemented 440.38(1), (2), (3), 440.385(1), (3), (6), 440.525 FS. History–New 3-9-10, Amended_____________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Pam Macon, Bureau Chief, Bureau of Monitoring and Audit, Division of Workers’ Compensation, Department of Financial Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief Financial Officer, Department of Financial Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 1, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 20, 2012