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304.13-167
Workers' compensation insurers -- Uniform classification and
experience rating systems -- Reporting -- Subclassifications, rating plans,
and other variations from manual rules -- Credit for drug-free workplace
program.
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Every workers' compensation insurer shall adhere to a uniform classification
system and uniform experience rating system filed with the commissioner by an
advisory organization designated by the commissioner.
Every workers' compensation insurer shall report its experience in accordance
with the statistical plans and other reporting requirements in use by an advisory
organization designated by the commissioner.
A workers' compensation insurer may develop subclassifications of the uniform
classification system upon which rates may be made. These subclassifications
and their filing shall be subject to the provisions of this chapter applicable to
filings generally.
A workers' compensation insurer may develop rating plans which identify loss
experience as a factor to be used. These rating plans and their filing shall be
subject to the provisions of this chapter applicable to filings generally.
The commissioner shall disapprove subclassifications, rating plans, or other
variations from manual rules filed by a workers' compensation insurer if the
insurer fails to demonstrate that the data thereby produced can be reported
consistent with the uniform classification system and experience rating system
and in such a fashion so as to allow for the application of experience rating
filed by the advisory organization.
The commissioner shall approve rating plans for workers' compensation
insurance that give specific identifiable consideration in the setting of rates to
employers who implement a drug-free workplace program pursuant to
administrative regulations adopted by the Department of Workers' Claims in the
Education and Labor Cabinet. The plans shall take effect January 1, 2008,
shall be actuarially sound, and shall state the savings anticipated to result from
such drug-free workplace programs. The credit shall be at least five percent
(5%) unless the commissioner determines that five percent (5%) is actuarially
unsound. The commissioner is also authorized to develop a schedule of
premium credits for workers' compensation insurance for employers who have
safety programs that contain certain criteria for safety programs. The
commissioner shall consult with the commissioner of the Department of
Workers' Claims in the Education and Labor Cabinet in setting such criteria. A
drug-free workplace credit under this subsection shall not be available to
employers who receive a credit under KRS 304.13-412 or KRS Chapter 351.
Effective:July 1, 2022
History: Amended 2022 Ky. Acts ch. 236, sec. 109, effective July 1, 2022. -Amended 2010 Ky. Acts ch. 24, sec. 1134, effective July 15, 2010. -- Amended
2007 Ky. Acts ch. 93, sec. 3, effective March 23, 2007. -- Created 2000 Ky. Acts
ch. 380, sec. 11, effective July 14, 2000.
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