Notice is HEREBY GIVEN that on March 8, 2024, the Department of Financial Services, received a petition for waiver from rule 69L-5.202(2), F.A.C., from ENCOMPASS HEALTH REHABILITATION HOSPITAL OF NAPLES, LLC. Rule 69L-5.202(2), ....

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Workers' Compensation

RULE NO.:RULE TITLE:

69L-5.202Scope of Self-Insurance Authorization

The Department of Financial Services hereby gives notice: Notice is HEREBY GIVEN that on March 8, 2024, the Department of Financial Services, received a petition for waiver from subsection 69L-5.202(2), F.A.C., from ENCOMPASS HEALTH REHABILITATION HOSPITAL OF NAPLES, LLC.

Subsection 69L-5.202(2), F.A.C., provides that the self-insurance authorization of a Current Self-Insurer is restricted to the authorization holder and its wholly or majority owned subsidiaries. Petitioner is seeking a permanent waiver of the requirement that the self-insurance authorization of a Current Self-Insurer is restricted to the authorization holder and its wholly or majority owned subsidiaries because it would create a substantial hardship or would violate the principles of fairness.

The Petition was published in Volume 50, Number 51 on March 13, 2024. A Notice of Correction was published in Volume 50, Number 56, on March 20, 2024. Upon review of the Petition, the Department found that the underlying purposes of sections 440.38 and 440.385, Florida Statutes, of ensuring that self-insured employers have the financial strength necessary to ensure timely payment of all current and future claims, would be achieved if Rule 69L-5.215, rather than 69L-5.202(2), was waived. On May 31, 2024, the Department entered an Order Granting Modified Waiver, granting Petitioner waiver from provisions of Rule 69L-5.215, F.A.C., as indicated in the Order.

A copy of the Order or additional information may be obtained by contacting: DFS Agency Clerk, 200 East Gaines Street, Tallahassee, FL 32399-0390, or [e-mail].