Final Action on Rules
Effective Date: May 6, 2006
EXEMPT FILING NOTIFICATION COMMISSIONER’S ORDER NO. 06-0342
PURSUANT TO THE INSURANCE CODE CHAPTER 5, SUBCHAPTER L, ARTICLE 5.96 ADOPTION
OF AMENDMENTS TO THE TEXAS WORKERS’ COMPENSATION STATISTICAL PLAN TO
ADD ITEM 17 TO THE REPORTING INSTRUCTIONS TO EXPLAIN HOW THE WORKERS COMPENSATION
HEALTH CARE NETWORK PREMIUM CREDIT IS TO BE REPORTED USING STATISTICAL CODE
9874 AND TO INCLUDE CODE 9874 IN THE LISTING OF STATISTICAL CODES FOR PREMIUM
NOT SUBJECT TO EXPERIENCE RATING - REPORTED ON LINES D, E, F, OR G.
The Commissioner of Insurance adopts amendments proposed by the staff of
the Data Services Division of the Property and Casualty Insurance program
at the Texas Department of Insurance (Department) to the Texas Workers’
Compensation Statistical Plan (the Plan). The Plan provides insurers licensed
in Texas to write workers’ compensation insurance with the necessary
instructions for the reporting of statistics to the Department. The adopted
amendments facilitate implementation of HB 7, enacted by the 79th Texas Legislature,
Regular Session, 2005. HB 7, in pertinent part, authorizes the establishment
of workers' compensation health care networks for the provision of workers'
compensation medical benefits and provides the statutory framework for the
establishment of standards for the certification, administration, evaluation,
and enforcement of the delivery of health care services to injured employees
by workers’ compensation health care networks. The purpose of the adopted
amendments to the Plan is to provide a means for insurers to report the premium
credit that is addressed by Rule VI, Section K of the Texas Basic Manual of
Rules, Classifications and Experience Rating Plan for Workers’ Compensation
and Employers’ Liability Insurance as recently adopted by Commissioner’s
Order No. 06-0273, dated March 22, 2006, and published in the March 31, 2006,
issue of the
Texas Register
(31 TexReg 2881).
The Commissioner adopts the amendments as proposed in the staff’s
petition filed on February 27, 2006. Notice of the proposal was published
in the March 10, 2006, issue of the
Texas Register
(31 TexReg 1735). No hearing was requested on this matter. The Department
received no comments concerning the proposed amendments.
The adopted amendments to the Plan are filed pursuant to the Insurance
Code Articles 5.58 and 5.96. Article 5.58(a) requires the Commissioner to
develop reasonable statistical plans for the reporting of workers’ compensation
insurance statistics to the Department. Article 5.96 authorizes the Commissioner
to prescribe, promulgate, adopt, approve, amend or repeal standard and uniform
manual rules, rating plans, classification plans, statistical plans and policy
and endorsement forms for workers’ compensation insurance.
The adoption amends the Plan as follows:
Amend Part III of the Plan (relating to Exposure and Premium) to add Item
17 to the reporting instructions to explain how the certified workers compensation
health care premium credit is to be reported using Statistical Code 9874.
Amend Part X of the Plan (relating to Statistical Codes) to include Code
9874 Certified Workers Compensation Health Care Network Premium Credit in
the listing of statistical codes for Premium Not Subject to Experience Rating
- Reported on Lines D, E, F, or G.
The adopted amendments are more particularly set forth in the applicable
portions of the Plan that are attached hereto and made a part hereof for all
purposes.
The Commissioner of Insurance has jurisdiction over this matter pursuant
to the Insurance Code Articles 5.58 and 5.96.
The amendments as adopted by the Commissioner are on file in the Chief
Clerk’s Office of the Texas Department of Insurance under Reference
No. W-0206-03-I and are incorporated by reference into Commissioner’s
Order No. 06-0342.
This notification is made pursuant to the Insurance Code Article 5.96,
which exempts it from the requirements of the Government Code Chapter 2001
(Administrative Procedure Act).
IT IS THEREFORE THE ORDER of the Commissioner of Insurance that amendments
to the Texas Workers’ Compensation Statistical Plan as described herein
and attached to this Order and incorporated into this Order by reference,
be adopted 15 days after notice of adoption is published in the
Texas Register.
TRD-200602112
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: April 12, 2006