2006 Ohio Revised Code - 4123.29. Classification of occupations or industries; fixing of premium rates; alternative plans; group plans; early payment discount.

§ 4123.29. Classification of occupations or industries; fixing of premium rates; alternative plans; group plans; early payment discount.
 

(A)  The administrator of workers' compensation, subject to the approval of the workers' compensation oversight commission, shall do all of the following: 

(1) Classify occupations or industries with respect to their degree of hazard and determine the risks of the different classes according to the categories the national council on compensation insurance establishes that are applicable to employers in this state; 

(2) Fix the rates of premium of the risks of the classes based upon the total payroll in each of the classes of occupation or industry sufficiently large to provide a fund for the compensation provided for in this chapter and to maintain a state insurance fund from year to year. The administrator shall set the rates at a level that assures the solvency of the fund. Where the payroll cannot be obtained or, in the opinion of the administrator, is not an adequate measure for determining the premium to be paid for the degree of hazard, the administrator may determine the rates of premium upon such other basis, consistent with insurance principles, as is equitable in view of the degree of hazard, and whenever in this chapter reference is made to payroll or expenditure of wages with reference to fixing premiums, the reference shall be construed to have been made also to such other basis for fixing the rates of premium as the administrator may determine under this section. 

The administrator in setting or revising rates shall furnish to employers an adequate explanation of the basis for the rates set. 

(3) Develop and make available to employers who are paying premiums to the state insurance fund alternative premium plans. Alternative premium plans shall include retrospective rating plans. The administrator may make available plans under which an advanced deposit may be applied against a specified deductible amount per claim. 

(4) Offer to insure the obligations of employers under this chapter under a plan that groups, for rating purposes, employers, and pools the risk of the employers within the group provided that the employers meet all of the following conditions: 

(a) All of the employers within the group are members of an organization that has been in existence for at least two years prior to the date of application for group coverage; 

(b) The organization was formed for purposes other than that of obtaining group workers' compensation under this division; 

(c) The employers' business in the organization is substantially similar such that the risks which are grouped are substantially homogeneous; 

(d) The group of employers consists of at least one hundred members or the aggregate workers' compensation premiums of the members, as determined by the administrator, are expected to exceed one hundred fifty thousand dollars during the coverage period; 

(e) The formation and operation of the group program in the organization will substantially improve accident prevention and claims handling for the employers in the group; 

(f) Each employer seeking to enroll in a group for workers' compensation coverage has an industrial insurance account in good standing with the bureau of workers' compensation such that at the time the agreement is processed no outstanding premiums, penalties, or assessments are due from any of the employers. 

In providing employer group plans under division (A)(4) of this section, the administrator shall consider an employer group as a single employing entity for purposes of retrospective rating. No employer may be a member of more than one group for the purpose of obtaining workers' compensation coverage under this division. 

In providing employer group plans under division (A)(4) of this section, the administrator shall establish a program designed to mitigate the impact of a significant claim that would come into the experience of a private, state fund group-rated employer for the first time and be a contributing factor in that employer being excluded from a group-rated plan. The administrator shall establish eligibility criteria and requirements that such employers must satisfy in order to participate in this program. For purposes of this program, the administrator shall establish a discount on premium rates applicable to employers who qualify for the program. 

In no event shall division (A)(4) of this section be construed as granting to an employer status as a self-insuring employer. 

The administrator shall develop classifications of occupations or industries that are sufficiently distinct so as not to group employers in classifications that unfairly represent the risks of employment with the employer. 

(5) Generally promote employer participation in the state insurance fund through the regular dissemination of information to all classes of employers describing the advantages and benefits of opting to make premium payments to the fund. To that end, the administrator shall regularly make employers aware of the various workers' compensation premium packages developed and offered pursuant to this section. 

(6) Make available to every employer who is paying premiums to the state insurance fund a program whereby the employer or the employer's agent pays to the claimant or on behalf of the claimant the first five thousand dollars of a compensable workers' compensation medical-only claim filed by that claimant that is related to the same injury or occupational disease. If an employer elects to enter the program, the administrator shall not reimburse the employer for such amounts paid and shall not charge the first five thousand dollars of any medical-only claim paid by an employer to the employer's experience or otherwise use it in merit rating or determining the risks of any employer for the purpose of payment of premiums under this chapter. If an employer elects to enter the program and the employer fails to pay a bill for a medical-only claim included in the program, the employer shall be liable for that bill and the employee for whom the employer failed to pay the bill shall not be liable for that bill. The administrator shall adopt rules to implement and administer division (A)(6) of this section. 

(B)  The administrator, with the advice and consent of the oversight commission, by rule, may do both of the following: 

(1) Grant an employer who makes the employer's semiannual premium payment at least one month prior to the last day on which the payment may be made without penalty, a discount as the administrator fixes from time to time; 

(2) Levy a minimum annual administrative charge upon risks where semiannual premium reports develop a charge less than the administrator considers adequate to offset administrative costs of processing. 
 

HISTORY: GC § 1465-53; 103 v 72, § 6; 108 v PtI, 313; 115 v 422; 119 v 565; 120 v 449; Bureau of Code Revision, 10-1-53; 136 v S 545 (Eff 1-17-77); 138 v H 184 (Eff 6-27-79); 141 v S 307 (Eff 8-22-86); 143 v H 222 (Eff 11-3-89); 145 v H 107 (Eff 10-20-93); 146 v H 7. Eff 9-1-95; 151 v S 7, § 1, eff. 6-30-06.
 

See provisions of § 3 of 151 v S 7 following RC § 4121.10. 

 

Effect of Amendments

151 v S 7, effective June 30, 2006, inserted the second paragraph following (A)(4)(f); in (A)(6), substituted "five" for "one" twice, and inserted the next to last sentence; and made gender neutral changes.