Hearing Scheduled for October 28, 2004

In accordance with the provisions of Massachusetts General Laws c. 152, §53A, a hearing will take place on October 28, 2004 at 10:00 a.m. at the Division of Insurance ("Division"), 5th Floor, One South Station, Boston MA to consider oral and written statements concerning a proposal of the Workers' Compensation Rating and Inspection Bureau of Massachusetts ("WCRB") to establish two new classification codes for day habilitation programs and staffed residential programs. The new classifications, designated as Codes 8870 and 9105, would include, respectively, "Professional Employees and Clerical", and "All Other Employees." The proposal, which was filed with the Division on August 12, 2004, notes that as of April 18, 2001, employees of social service agencies that operate adult day habilitation programs and staffed residential programs have been assigned to Classification Codes 8868 and 9101. The WCRB now seeks to establish separate classification codes specifically applicable to employees of those operations, for the purpose of facilitating the collection of statistical data generated by such programs. The WCRB also proposes to change the current phraseology from Social Service Agencies to Social Service Programs, to clarify that the programs need not be operated by a state agency. Until the new classifications develop sufficient data to be rated on their own experience, the WCRB proposes that their rates and rating values be equivalent to those for Codes 8868 and 9101.

The purpose of the hearing is to afford all interested parties an opportunity to provide evidence and testimony so the Commissioner of Insurance may determine whether the proposed classifications and premiums are excessive, inadequate, or unfairly discriminatory for the risks to which they apply and whether they fall within a range of reasonableness. The hearing will be conducted pursuant to 211 CMR 110.00.

Any person wishing to participate as an interested party in this proceeding must submit a request for leave to participate in accordance with 211 CMR 110.05 (3). Any person who wishes to make an oral statement at the hearing is asked to submit a Notice of Intent to Testify on or before October 26, 2004. All other persons will be heard after those who submit such notice. All submissions shall be addressed to the Docket Clerk, Hearings and Appeals, Division of Insurance, One South Station, Boston, MA 02210-2208, and shall refer to Docket No. W2004-03. The filing and supporting documentation submitted by the WCRB may be viewed at the Division's offices during regular business hours.

September 27, 2004

Julianne M. Bowler
Commissioner of Insurance