The proposed new rule adopts existing policy applicable to the review and approval of workers’ compensation classifications, rules, rates, rating plans, deviations and forms. It makes clear that the filing shall be submitted electronically.

 

FINANCIAL SERVICES COMMISSION

Office of Insurance Regulation

RULE NO.: RULE TITLE:

69O-189.016 Filing Procedures for Workers' Compensation Classifications, Rules, Rates, Rating Plans, Deviations and Forms

PURPOSE, EFFECT AND SUMMARY: The proposed new rule adopts existing policy applicable to the review and approval of workers compensation classifications, rules, rates, rating plans, deviations and forms. It makes clear that the filing shall be submitted electronically.

SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Regulatory Cost was prepared.

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.

SPECIFIC AUTHORITY: 624.308(1) FS., 624.424(1)(c) FS.

LAW IMPLEMENTED: 624.307(1) FS., 624.424(1)(c) FS., 627.091 FS., 627.101 FS., 627.211 FS., 627.410 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: March 1, 2006, 9:30 a.m.

PLACE: Room 142, Larson Building, 200 East Gaines Street, Tallahassee, Florida

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this program, please advise the Office at least 5 calendar days before the program by contacting the person listed below.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Theresa Eaton, Property and Casualty Product Review, Office of Insurance Regulation, e-mail: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69O-189.016 Filing Procedures for Workers' Compensation Classifications, Rules, Rates, Rating Plans, Deviations and Forms.

(1) Purpose: To establish the procedures to be utilized by insurers in the filing of workers' compensation classifications, rules, rates, rating plans, deviations and forms pursuant to Sections 627.091, 627.211 and 627.410, F.S.

(2) Any insurer authorized to transact workers' compensation and employer's liability insurance in Florida shall file with the Office every manual of classifications, rules, rates, rating plans, deviations and every modification of any of the foregoing, which it proposes to use. An insurer may satisfy its obligation to make such filings by becoming a member of, or a subscriber to, a licensed rating organization which makes such filings and by authorizing the Office to accept such filings in its behalf. No insurer shall use any workers' compensation and employer's liability classification, rule, rate or rating plan unless it has been filed with the Office and the filing has been affirmatively approved.

(3) Any insurer authorized to transact workers' compensation and employer's liability insurance in Florida shall file with the Office all policy forms and endorsements as defined in Section 627.402, F.S., which it proposes to use. An insurer may satisfy its obligation to make such filings in part, by becoming a member of, or a subscriber to, a licensed rating organization which makes such filings and by authorizing the Office to accept such filings in its behalf. However, each individual insurer must file with the Office its own unique policy jacket, policy information page, participating language if applicable, and any other insurer specific form or endorsement. No insurer shall use any workers' compensation and employer's liability policy form or endorsement unless the form has been filed with the Office and the filing has been affirmatively approved.

(4) All filings referenced in this rule shall be submitted to the Office in accordance with the requirements outlined in subsections (5) and (6) below. The procedures in this rule supersede any other procedures relating to filing requirements. All material submitted shall be legible.

(5) Filing Submittal Requirements.

(a) Complete classification, rule, rate, rating plan, deviation and form filings shall be submitted with the following information at a minimum:

1. Form OIR-B1-582, which is adopted and incorporated pursuant to Rule 69O-170.0155, F.A.C.;

2. Cover letter; and

3. Explanatory memorandum.

(b) All filings shall:

1. Be separated into either rate only or form only filings. Classification, rule, deviation and rating plan filings are all considered rate filings for purposes of this rule;

2. Include final printed versions of either the manual pages or forms; and

3. Include only the workers' compensation line of insurance as defined in Section 624.605(1)(c), F.S. No other line of insurance may be contained within the filing.

(c) Group Filings. Insurers may submit a filing on behalf of any combination of insurers within the insurers' group, provided the information submitted in the filing is identical for every insurer identified in the filing.

(d) Changes to Previously Approved Filings. An insurer that proposes to change a previously approved filing shall provide the following additional information:

1. A detailed explanation of the change(s), including the reason or reasons for the change(s);

2. The estimated impact of the change; and

3. A strikethrough, underlined version of the proposed change(s).

(6) All filings shall be submitted electronically to the Office through the Filing Assembly and Submission System (OIR-B1-IFile) located at https://iportal.fldfs.com/ifile/default. asp and is adopted and incorporated by reference in Rule 69O-170.0155, F.A.C.

(7) Form OIR-B1-582 is located online with the Filing Assembly and Submission System at https://iportal.fldfs.com/ ifile/default.asp.

Specific Authority 624.308(1), 624.424(1)(c) FS. Law Implemented 624.307(1), 624.424(1)(c), 627.091, 627.101, 627.211, 627.410 FS. History–New________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Theresa Eaton, Property and Casualty Product Review, Office of Insurance Regulation

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Tom Streukens, Deputy Commissioner, Office of Insurance Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 25, 2005

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 4, 2005