Sec. 28.1. (a) The assigned risk plan is established.
(b) The bureau shall administer the assigned risk plan with the commissioner's approval.
(c) All companies authorized to write worker's compensation insurance shall participate in the assigned risk plan providing for the equitable apportionment among them of insurance that may be afforded to applicants who are in good faith entitled to but who are unable to procure such insurance through ordinary methods. The bureau shall file, at least thirty (30) days before their effective date, the plan of operation, rates, rating plans, rules, policy forms, and any future modifications thereof, with the commissioner for approval. Such rates shall reflect experience in the assigned risk plan to the extent it is actuarially appropriate. The rates must reflect the varied categories of rejected risks covered by the assigned risk plan and must include at least two (2) rating plans, one (1) of which may not exceed the recommended minimum premiums and rates filed by the bureau under section 4 of this chapter.
(d) The commissioner shall disapprove any filing that does not meet the requirements of section 20.1 of this chapter. A filing shall be deemed to meet such requirements unless disapproved by the commissioner within thirty (30) days after the filing is made. In disapproving a filing made under this section, the commissioner shall have the same authority and follow the same procedure as in disapproving a filing under section 20.3 of this chapter.
(e) The assigned risk plan may be substantially modified or eliminated only as the general assembly provides by statute.
As added by P.L.249-1989, SEC.14. Amended by P.L.204-2018, SEC.16.
Structure Indiana Code
Article 7. Special Types of Insurance
Chapter 2. Worker's Compensation
27-7-2-1.1. Purposes of Chapter
27-7-2-1.2. Insurers and Underwriters Subject to Chapter
27-7-2-3. Worker's Compensation Rating Bureau; Membership
27-7-2-4. Rate Filings; Notice
27-7-2-4.5. Premium or Rate Discount for Municipal Corporations or Volunteer Fire Departments
27-7-2-5. Management of Bureau
27-7-2-7. Resolution of Tie Votes
27-7-2-8. Membership in Bureau
27-7-2-9. Charges and Expenses of Bureau; Apportionment; Review
27-7-2-12. Representative of Department; Appointment; Powers and Duties
27-7-2-15. Approval of System of Schedule Rating
27-7-2-18. Exclusion of Physical Impairment of Employees in Rate Making
27-7-2-20. Adherence to Approved Rules, Forms, Plans, and Systems; Annual Reports
27-7-2-20.1. Minimum Premiums and Rates
27-7-2-20.3. Minimum Premiums or Rates; Disapproval
27-7-2-20.4. Arrangements in Restraint of Trade; Presumption; Subsidiary Companies
27-7-2-24. Appointment of Resident Agent for Service of Process
27-7-2-25. Annual License of Rating Bureau
27-7-2-27. Jurisdiction of Courts of Marion County; Review
27-7-2-28. Duty to Insure and Accept Certain Rejected Risks
27-7-2-28.2. Examination of Records; Costs
27-7-2-29. Rejected Risks; Designation of Insurer; Reinsurance
27-7-2-32. Considerations in Designating Insurer to Assume Rejected Risk; Review of Reasons
27-7-2-33. Designated Insurer Carrying Rejected Risk; Additional Inspection; Renewal Rates
27-7-2-34. Information Concerning Rejected Risks; Automatic Insurance
27-7-2-37. Cancellation of Rejected Risk Coverage; Grounds; Effect
27-7-2-37.5. Refund of Dividends, Savings, or Unabsorbed Premium Deposits
27-7-2-38. Violations; Penalties; Suspension or Revocation of License
27-7-2-39. Appointment and Compensation of Personnel; Appropriation
27-7-2-40. Confidential Data; Data Sharing With Department or Worker's Compensation Board