New Mexico Administrative Code
Title 11 - LABOR AND WORKERS' COMPENSATION
Chapter 4 - WORKERS' COMPENSATION
Part 2 - DATA REPORTING AND SAFETY REQUIREMENTS
Section 11.4.2.8 - DATA COLLECTION
Universal Citation: 11 NM Admin Code 11.4.2.8
Current through Register Vol. 35, No. 18, September 24, 2024
A. General provisions:
(1) Paper copies of FROI and SROI
will not be accepted by the WCA as of January 1, 2017. Beginning January 1,
2017, FROI and SROI data shall only be submitted through EDI or the WCA
website.
(2) It is the claims
administrator's or an uninsured employer's responsibility to timely submit all
data required under the data collection rules.
(3) Time frames for submission of reports are
not waived when the WCA acknowledges and returns an erroneous submission that
needs correction.
(4) It is the
responsibility of the claims administrator to report to the WCA required
financial, legal and medical claims activity for the insured including
reporting of the first dollar of indemnity benefits paid by, or on behalf of,
an employer who has a deductible policy.
(5) It is the responsibility of the claims
administrator to provide a loss run to the WCA upon request for reconciliation
of a noted discrepancy.
(6) Claims
administrators that file any required report at the time of the mediation
conference, either with the mediator or at the clerk of the courts office, have
not met their filing obligation with the WCA and must electronically file all
required FROI and SROI data. The date of actual filing is the date of
acceptance by the WCA, which will be used to determine compliance with filing
requirements.
(7) Electronic filing
(a) A claims administrator shall file
electronically with the WCA.
(b)
EDI trading partner profile must be on record with the WCA before electronic
filings can be accepted. A sample EDI trading partner profile is available on
the WCA website.
(c) The
transmission format is the international association of industrial accident
boards and commissions (IAIABC) 148 and A49 record scheme. Transmission header
and trailer records are also required under this format. The transmission
record formats are also available on the WCA website.
(d) Electronic transmissions must be in the
ASCII format. The file may be transmitted by electronic transmission via the
internet.
(e) Electronic mailboxes
must be registered with the management information systems (MIS) bureau of the
WCA.
(f) Receipts for all TA, TE,
and TR transmissions will be returned electronically.
(g) TR codes must be corrected within 30
days.
B. FROI:
(1) FROI data must be submitted, within
10 days of notification, for all injuries or occupational diseases that result
in more than seven cumulative days of lost time.
(2) FROI data must be timely submitted even
if the claim is disputed.
(3) The
claims administrator must furnish a copy of the FROI data to the worker and the
employer at the time of electronic submission to the WCA. If the employer is
uninsured, the employer must furnish a copy of the FROI data to the
worker.
(4) When an employer has
notice of an accident and receives a complaint, FROI data must be submitted
immediately after receiving an initial pleading involving an injury or illness
that is not otherwise already supported by FROI data.
C. SROI must be submitted:
(1) within 10 days of the date of initial
payment of the indemnity portion of any claim;
(2) within 50 days of the filing of an order
of the WCA, or of the date upon which a recommended resolution became a
compensation order for payment made to or on behalf of an injured worker,
unless an order staying enforcement of a compensation order is filed with the
clerk; and
(3) within 30 days of
the date of the closing payment of the indemnity portion of the claim;
and
(4) within 30 days of any
change in benefits; and
(5) within
90 days of the date of the initial payment of a medical-only claim with
cumulative payments over $300, provided, however, that a E-6 closing report
shall be submitted with respect to all claims for which expenses have been
previously reported;
(6) for
medical-only claims with cumulative payments over $300, the initial and closing
E-6 may be submitted on one form.
D. Annual expenditure report: Claims administrators shall file an annual expenditure report with the economic research and policy bureau of the WCA. The annual expenditure report must:
(1) be submitted electronically using the WCA
website;
(2) identify the
carrier(s), groups, pools or self-insured employer(s), by the name and the
federal employers identification number (FEIN);
(3) be submitted for all expenditures
reported in a calendar year (January 1-December 31); and
(4) be received by the WCA no later than
February 15th of the year following the reporting period.
E. Failure to file. Any failure to timely file a statistical report as required by 11.4.2 NMAC shall be considered a violation of these rules and may be penalized pursuant to Section 52-1 -61 NMSA 1978.
F. Waiver: Any provision of 11.4.2.8 NMAC may be waived, either permanently or temporarily, by written order of the director upon good cause shown.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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