Florida Cabinet To Consider Workers’ Compensation Application and Audit Procedures Rule at January 26 Meeting

Jan 25, 2010

 

At its meeting tomorrow, January 26, 2010, the Florida Cabinet is expected to vote on the final adoption of proposed Rule 69O-189.003: Workers’ Compensation; Application and Audit Procedures.

Amendments to the proposed Rule would allow electronic signatures in applications for workers’ compensation coverage, as well as in annual audits, as long as the electronic signature process complies with Florida’s Uniform Electronic Transaction Act. 

While the current Rule incorporates National Council on Compensation Insurance (“NCCI”) publications by reference, the proposed Rule explicitly provides the procedures for audits that are required by the current Rule.

The NCCI, a non-profit owned by its member insurers, annually collects data covering more than four million workers’ compensation claims and two million policies.  It provides the data, as well as its analysis to insurance companies, state workers’ compensation insurance funds, regulatory authorities, employers needing information on workers’ compensation issues and non-governmental workers’ compensation agencies.

Pursuant to Section 440.381, F.S., the Florida Financial Services Commission is required to promulgate rules for applications for workers’ compensation coverage, as well as for audits of payroll and worker classifications.  In 2008, NCCI filed a proposal for a Rule addressing these matters on behalf of its carriers with the Florida Office of Insurance Regulation (“OIR”). The proposed Rule under consideration by the Cabinet tomorrow is based on NCCI’s proposal.

To view the complete OIR Cabinet agenda for January 26, click here.

Other insurance-related regulations scheduled for consideration by the Cabinet include proposed Rules relating to the Florida Hurricane Catastrophe Fund Reimbursement Contract.  To view the State Board of Administration agenda, click here.

 

Should you have any comments or questions, please contact Colodny Fass.

 

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