By the Division of Insurance


Docket No. R2016-03
Workers’ Compensation Rating and Inspection Bureau of Massachusetts
Filing for Revisions to the Massachusetts Workers’
Compensation and Employer’s Liability Manual

NOTICE OF HEARING

 In accordance with the authority granted to the Commissioner of Insurance (“Commissioner”) under M. G. L. c. 152, §53A, a hearing will be held at 10:00 a.m. on January 18,  2017, at the Division of Insurance (“Division”), 1000 Washington Street, Boston, MA, to consider the request of the Workers’ Compensation Rating and Inspection Bureau of Massachusetts (“WCRIB”), an unincorporated association licensed as a rating organization pursuant to M.G.L. c. 152 §52C, to establish an Audit Noncompliance Charge (“ANC”) rule and a Records Noncompliance Premium Surcharge (“RNPS”) rule and to establish endorsements for those rules.  The ANC, if approved, would apply to policies written in the voluntary market, at the discretion of the carrier, when the policyholder does not allow its workers’ compensation carrier to examine and audit its records.  The RNPS, if approved, would apply to policyholders who do not maintain records that are required and necessary to compute policy premium.  The RNPS endorsement would be mandatory for assigned risk policies and available for use in the voluntary market at the carrier’s discretion.  The WCRIB filing proposes to adjust the premium algorithms used in both the voluntary and residual market to show the placement of these charges.   The proposed effective date for the ANC rule is January 1, 2017 and the proposed effective date for the RNPS is June 1, 2017.        

The purpose of the hearing is to afford all interested persons an opportunity to provide evidence and testimony relating to the establishment of the proposed rules.  The filing memorandum and supporting documentation that the WCRIB filed on November 22, 2016 may be inspected in the Division’s offices during normal business hours.

Any person who wishes to participate as an interested party in this hearing must comply with the procedures set forth in 211 CMR 110.05 (3).  Persons who wish to present unsworn oral or written statements at the January 18, 2017 hearing are asked to submit a notice of intent to comment no later than January 13, 2017.  Other persons who wish to speak will be heard after those who notify the Division in advance.  Any person who intends to introduce data at the hearing is urged to file such data with the Division in hard copy no later than January 10, 2017.  All notices and submissions must be sent to the Docket Clerk, Hearings and Appeals, Division of Insurance, and must refer to Docket No. R2016-03.  Notices of intent to comment may be sent by electronic mail to doidocket.mailbox@state.ma.us.

December 20, 2016
 

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Gary D.  Anderson

First Deputy Commissioner of Insurance