Subdivision 1. Premium reduction. Each insurer, including the assigned risk plan, issuing a policy of insurance, must make available to an employer, upon request, the option to agree to pay an amount per claim selected by the employer and specified in the policy toward the total of any claim payable under chapter 176. The amount of premium to be paid by an employer who selects a policy with a deductible shall be reduced based upon a rating schedule or rating plan filed with and approved by the commissioner of commerce. Administration of claims shall remain with the insurer as provided in the terms and conditions of the policy. Each insurer shall notify its agents authorized to write workers' compensation insurance about the availability and terms and conditions of deductibles required by this section, using a brochure in a format approved by the commissioner.
Subd. 2. Procedure for paying deductible. If an insured employer chooses a deductible, the insured employer is liable for the amount of the deductible. The insurer shall administer the claim as provided in the terms and conditions of the insurance policy and seek reimbursement from the insured employer for the deductible. The payment or nonpayment of deductible amounts by the insured employer to the insurer shall be treated under the policy insuring the liability for workers' compensation in the same manner as payment or nonpayment of premiums.
Subd. 3. Credit risk; exception. An insurer is not required to offer a deductible to an employer if, as a result of a credit investigation, the insurer determines that the employer is not sufficiently financially stable to be responsible for the payment of deductible amounts.
Subd. 4. Reporting requirement. The existence of an insurance contract with a deductible or the fact of payment as a result of a deductible does not affect the requirement of an employer to report an injury or death to an insurer or the commissioner of labor and industry.
Subd. 5. No employee liability. Nothing in this section alters the obligation of the employer to provide the benefits required by this chapter. An employee is not responsible to pay all or a part of the deductible chosen by an employer.
1992 c 510 art 3 s 1
Structure Minnesota Statutes
Chapters 59A - 79A — Insurance
Chapter 79 — Workers' Compensation Insurance
Section 79.074 — Discrimination.
Section 79.081 — Mandatory Deductibles.
Section 79.085 — Safety Programs.
Section 79.095 — Appointment Of Actuary.
Section 79.096 — Access To Rate-making Data.
Section 79.10 — Review Of Acts Of Insurers.
Section 79.211 — Certain Premium Determination Practices.
Section 79.251 — Administration Of Assigned Risk Plan.
Section 79.252 — Assigned Risk Plan.
Section 79.253 — Assigned Risk Safety Account.
Section 79.255 — Workers' Compensation Insurance; Lessors Of Employees.
Section 79.34 — Creation Of Reinsurance Association.
Section 79.35 — Duties; Responsibilities; Powers.
Section 79.36 — Additional Powers.
Section 79.361 — Post-1992 Distribution Of Workers' Compensation Reinsurance Association Surplus.
Section 79.362 — Workers' Compensation Reinsurance Association Excess Surplus Distribution.
Section 79.363 — Distribution Of Excess Surplus.
Section 79.37 — Board Of Directors.
Section 79.38 — Plan Of Operation.
Section 79.39 — Applicability Of Chapter 79.
Section 79.40 — Premium Inclusion In Ratemaking.
Section 79.53 — Premium Calculation.
Section 79.531 — Negligently Paid Claims.
Section 79.55 — Standards For Rates.
Section 79.56 — Filing Rates And Rating Information.
Section 79.561 — Disapproval Of Rates Or Rating Plans.
Section 79.59 — Insurers And Data Service Organizations; Prohibited Activities.
Section 79.60 — Insurers; Required And Permitted Activity.
Section 79.61 — Data Service Organizations; Required And Permitted Activity.
Section 79.62 — Data Service Organizations; Licensing, Examination.