Effective - 28 Aug 1993
374.790. Workers' compensation, residual market, department to submit report to general assembly, contents. — The department of commerce and insurance shall prepare and submit a plan to the general assembly by September 1, 1993, to reduce the number of employers insured through the residual market. The department shall specifically examine and address in its plan the following topics:
(1) The use of an employer's experience modification factor and the appropriate level thereof as an objective criterion in determining eligibility for coverage;
(2) The maximum amount of such coverage an insurer would be required to issue, expressed as a percentage of its voluntary business;
(3) Providing a system of incentives to insurers to voluntarily cover employers which had been insured through the residual market by reducing the amount of coverage required to be provided by such insurer under the plan;
(4) The effect of the implementation of such plan on the competitive voluntary insurance workers' compensation market in Missouri in terms of the number of insurers actively competing, the availability of coverage by classification and pricing by classification;
(5) Permitting insurers to file separate rates by classification for employers which they may be required to insure under such plan;
(6) Requiring that only agents which have been appointed by such insurer may submit applications for coverage under such plan;
(7) The results of this plan in other jurisdictions where it has been implemented in either workers' compensation or other lines of insurance;
(8) Requiring nonexperienced rated employers or employers not eligible for experience rating, as a condition to receive coverage, to utilize the insurer's managed care medical program and to comply with the insurer's loss control or safety engineering program.
Upon receipt of the plan, the general assembly shall, by concurrent resolution disapprove such plan by September 24, 1993. If the plan is not disapproved it shall be implemented by rule on January 1, 1994. If the plan is not submitted to the general assembly under the provisions of this section, it shall not be implemented by rule.
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(L. 1993 S.B. 251 § 16)
(1995) Where statute required director to submit plan to general assembly when legislature was not in session, court properly prohibited the director of insurance from implementing "Workers' Compensation Residual Market Depopulation Plan" by rule. Chief clerk is not member of house of representatives and has no duty to distribute plans to members, therefore there was no receipt of the plan by the house members. Statute provided that plan would become effective by rule if not disapproved by concurrent resolution within thirty days. State ex rel. Royal Insurance v. Director of the Missouri Department of Insurance, 894 S.W.2d 159 (Mo. en banc).
Structure Missouri Revised Statutes
Title XXIV - Business and Financial Institutions
Chapter 374 - Department of Commerce and Insurance
Section 374.005 - Department created, duties — definitions.
Section 374.007 - Statutory reference changes authorized.
Section 374.010 - Department — general powers.
Section 374.020 - Director — qualifications — appointment.
Section 374.030 - Director — oath — bond.
Section 374.040 - Director — duties — administrative hearing commission law not applicable.
Section 374.045 - Director authorized to make rules and regulations, procedure, this chapter.
Section 374.047 - Willful violation of state law, order — notice.
Section 374.050 - Seal of office — effect.
Section 374.051 - Refusal of license and nonrenewal, applicant may appeal, procedure.
Section 374.055 - Grievance procedure.
Section 374.056 - Rulemaking authority, delivery methods.
Section 374.057 - Filing of records and signatures authorized when in compliance with federal law.
Section 374.060 - Office location and hours.
Section 374.070 - Office and records, public — copies — records disposed of or destroyed, when.
Section 374.071 - Insurance records exempt from public disclosure — release permitted, when.
Section 374.075 - Divisions, director may establish.
Section 374.080 - Deputy director, appointment, powers — governor to appoint, when.
Section 374.085 - Division of consumer affairs, duties — legal adviser may assist.
Section 374.100 - Actuary — duties — fees.
Section 374.110 - Examiner — duties — assistants — fees.
Section 374.130 - Chief clerk, duties and powers.
Section 374.170 - Forms furnished companies.
Section 374.180 - Director to prepare report — publication — special reports.
Section 374.182 - Organization plan to be submitted — contents.
Section 374.185 - Uniformity of regulation, director to cooperate.
Section 374.190 - Investigation of companies.
Section 374.202 - Purpose of law — definitions.
Section 374.210 - False testimony — refusal to furnish information — penalties.
Section 374.215 - Failure to timely file report or statement, penalty.
Section 374.216 - False financial statements, filing of — penalty.
Section 374.217 - Covenant not to sue officers of insurer, prohibited — no force and effect.
Section 374.220 - Expenses, how paid.
Section 374.230 - Fees — paid to director.
Section 374.240 - Suit to recover fees — penalties.
Section 374.250 - Accounts of director.
Section 374.270 - Department may elect workers' compensation coverage — coverage, how provided.
Section 374.280 - Civil penalty or forfeiture ordered when, how enforced.
Section 374.284 - Health insurance advisory committee established, members, duties.
Section 374.285 - Expungement of certain disciplinary action records.
Section 374.300 - Financial institution defined.
Section 374.310 - Refusal to grant or renew insurance license, when.
Section 374.350 - Short title.
Section 374.351 - Intent of compact.
Section 374.400 - Definitions.
Section 374.405 - Reports of premiums and loss data required, when — director may review.
Section 374.415 - Product liability insurance reports required — when — contents.
Section 374.420 - Insurers not liable because of compliance.
Section 374.425 - Time for compliance may be waived or extended.
Section 374.450 - Definitions.
Section 374.455 - Premium and loss data, annual report — available to public.
Section 374.500 - Definitions.
Section 374.503 - Certificate required for utilization review agents, exceptions.
Section 374.505 - Application for certificate, content, form, fee.
Section 374.507 - Information may be required by department of commerce and insurance.
Section 374.510 - Minimum requirements for utilization review agents.
Section 374.515 - Rules and regulations authorized.
Section 374.695 - Citation of law.
Section 374.700 - Definitions.
Section 374.702 - License required, restrictions on practice.
Section 374.705 - Department, powers and duties — fees, how determined.
Section 374.710 - License required for bail bond agents, application, qualifications — exceptions.
Section 374.717 - Prohibited acts.
Section 374.720 - Examination, form, content — reexamination fee.
Section 374.730 - License, biannual renewal, fee.
Section 374.740 - Nonresident license requirements.
Section 374.750 - Refusal to issue or renew license — applicant's right to hearing.
Section 374.760 - Unsatisfied judgments, affidavit filed monthly, form — content.
Section 374.764 - Alleged violations and complaints, procedure.
Section 374.775 - Bonds of one thousand dollars or less — fee — additional fee — prohibited.
Section 374.783 - Surety recovery agents, license required — director to license, powers.
Section 374.785 - Apprehension of defendant, permitted where.
Section 374.786 - Renewal, procedure.
Section 374.787 - Complaint procedure.
Section 374.788 - Apprehension standards for breach of surety agreement or absconding.