Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 115.00 - Requirements applicable to workers' compensation insurance deductible plans
Section 115.05 - Requirements Applicable to Large Deductible Plans

Universal Citation: 211 MA Code of Regs 211.115

Current through Register 1531, September 27, 2024

(1) Large Deductible Plans may be offered only to Insureds whose Massachusetts workers' compensation full coverage standard premium plus ARAP would otherwise exceed $375,000. Insureds with either:

(a) at least $50,000 of annual non-Massachusetts workers' compensation premium; or

(b) at least $10,000 of annual non-Massachusetts workers' compensation premium and payroll in at least two states other than Massachusetts, only need $100,000 or more in countrywide workers' compensation premium to be eligible to be written on Large Deductible Plans. Premium determinations for eligibility to offer Large Deductible Plans shall not include self-insurance "premium".

(2) All Large Deductible Plans shall include a reasonable aggregate deductible limit. For Insureds having less than $500,000 in countrywide workers' compensation premium, such reasonable aggregate deductible limit may not exceed three times standard premium.

(3) Rates for Large Deductible Plans shall be convertible to approved retrospectively-rated programs, using the most recently approved parameters, in a manner acceptable to the Division. The Division shall make available to Insurers an example of an approvable rate structure.

(4) All Large Deductible Plans or LRARO products offered, written or renewed in the Commonwealth shall comply with 211 CMR 115.00.

(5) For Large Deductible Plans on projects, the premium size requirements set forth in 211 CMR 115.05 may be met by summing the standard premium of the individual contractors within a Wrap-up.

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