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 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 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 15, 2010
History: 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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