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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
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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