TITLE 27

Insurance

CHAPTER 27-7.1

Workers' Compensation Insurance

SECTION 27-7.1-9.1



   § 27-7.1-9.1  Membership in rating

organization. –

(a) The director shall appoint one or more advisory organizations licensed in

accordance with § 27-9-22 to assist the director in gathering, compiling,

and reporting relevant statistical information. Every workers' compensation

insurer shall record and report its workers' compensation experience to the

advisory organization as set forth in the uniform statistical plans submitted

by the advisory organization to the director.



   (b) Except for corporations organized under chapter 7.2 of

this title, each workers' compensation insurer shall be a member of an advisory

organization. Each workers' compensation insurer may adhere to the policy terms

filed by the advisory organization.



   (c) Every workers' compensation insurer shall adhere to the

uniform classification system and uniform experience rating plan as submitted

to the director and which is presently in effect. The experience rating plan

shall be the exclusive means of providing prospective premium adjustments based

upon measurement of the loss-producing characteristics of an individual insured.



   (d) Subject to the approval of the director, the advisory

organization shall develop and file rules reasonably related to the recording

and reporting of data pursuant to the uniform statistical plan, uniform

experience rating plan, and the uniform classification system.



   (e) The advisory organization shall not adopt any rule that

would prohibit or regulate the payment of dividends, savings, or unabsorbed

premium deposits allowed or returned by insurers to their policyholders,

members, or subscribers. A plan for the payment of dividends, savings, or

unabsorbed premium deposits allowed or returned by insurers to their

policyholders is not considered a rating plan or system.



History of Section.

(P.L. 1998, ch. 148, § 3.)