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Requirements Applicable to Workers Compensation Deductible Policies

211 CMR 115.00

Dockets G2016-11 and G2016-12 (Workers’ Compensation)


Pursuant to M.G.L. c. 30A and the authority granted to the Commissioner of Insurance (“Commissioner”) under M.G.L. c. 175 and c. 152, a hearing will be held at 10:00 a.m. on July 18, 2016, at the Division of Insurance (“Division”), Hearing Room 1-E, 1000 Washington Street, Boston, Massachusetts. The purpose of the hearing is to afford all interested persons an opportunity to provide oral and written statements regarding three regulations that are the subject of proposed amendments or rescission. The docket number assigned to each regulation and a description of the proposed actions to be taken follow.

Docket No. G2016-11

211 CMR 67.00.    Workers’ Compensation Self-Insurance Groups.  The regulation implements the provisions of M.G.L. c. 152, §§25E through 25U, that governs the formation, operation and oversight of all workers’ compensation self-insurance groups in Massachusetts.   The Division proposes to amend 211 CMR 67.00 to revise definitions, to further define the types of investments in which the group may invest and acceptable forms of security, to revise the requirement for experience rating for certain groups, to remove the authority to acquire actuarial services from the group administrator, and to authorize the Commissioner in certain circumstances to waive some requirements for the purchase of reinsurance. Other amendments delete outdated provisions and make changes necessary to conform 211 CMR 67.00 to current Massachusetts insurance laws.        

Docket No. G2016-12

211 CMR 113.00.   Requirements Regarding Workers’ Compensation Insurance Deductibles.

211 CMR 115.00.   Requirements Applicable to Workers’ Compensation Deductible Policies. 

211 CMR 113.00, promulgated in 1992, established conditions for offering reasonable claim deductibles and premium credits on all workers’ compensation insurance policies. 211 CMR 115.00, promulgated in 2003, established conditions specifically applicable to offers of “large deductible” policies. The Division proposes to integrate the provisions of 211 CMR 113.00 into 211 CMR 115.00, creating a single comprehensive regulation governing all workers’ compensation insurance policy deductible plans and premium credits on small and medium deductible plans.  Concurrently with amending 211 CMR 115.00, the Division proposes to rescind 211 CMR 113.00 because it is no longer necessary.

             The proposed regulations may be inspected in the Division’s offices during normal business hours or viewed on the Division’s website, www.mass.gov/doi. Persons who wish to present unsworn oral or written statements at the July 18, 2016 hearing are asked to submit a notice of intent to comment no later than July 14, 2016.  Other persons who wish to speak will be heard after those who notify the Division in advance. The hearing record will remain open for a week after conclusion of the July 18, 2016 hearing to receive any additional written statements.

All notices and submissions must refer to the Docket Number(s) for the particular regulation(s) that the person intends to address. Notices and submissions in hard copy may be sent by mail to the Docket Clerk, Hearings and Appeals, Division of Insurance, at the address above or by electronic mail to doidocket.mailbox@state.ma.us.

June 14, 2016

Daniel R. Judson
Commissioner of Insurance

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