Current through Register Vol. 63, No. 9, September 1, 2024
(1) Any
employer assigned under this Plan and desiring workers' compensation insurance
for operations for physical locations in states other than that covered by the
Plan may request its servicing carrier to furnish such insurance in such
additional states. If the servicing carrier is licensed in those additional
states and will write workers' compensation insurance on a voluntary basis, the
servicing carrier must do so on a voluntary basis and in accordance with the
law, rates, rules, classifications, and regulations applicable to the voluntary
workers' compensation market in those states.
(2) If the servicing carrier does not wish to
provide the insurance on a voluntary basis, the servicing carrier may provide
assigned risk coverage in such additional states subject to the following:
(a) Workers' compensation insurance may be
provided only in accordance with OAR
836-043-0001 to
836-043-0091 in those states
that have a Workers' Compensation Insurance Plan that is similar to this Plan
and that allows employers applying for coverage under those Plans to obtain
coverage for operations in Oregon;
(b) A servicing carrier providing such
insurance shall collect all premiums due based on the exposure for the physical
operations in those other states. The effective date of such insurance in such
additional states shall be the day after premium is received; however, in the
event coverage in such additional states is on an "if any" basis, the effective
date of such coverage shall be the day following receipt of an acceptable
request for such insurance by the servicing carrier. A copy of the policy
Information Page and all endorsements, properly identified as a Plan or AR
(Assigned Risk) policy, shall be submitted to the appropriate Plan
Administrator having jurisdiction in the state where the coverage is
effected;
(c) The rates, rating
plans, classifications, and policy forms used to provide coverage in such
additional states shall be those that are:
(A)
Applicable to the assigned risk market;
(B) On file and have been approved by the
regulators in those additional states; and
(C) Authorized for use in the assigned risk
market by the Plan Administrator;
(d) The servicing carrier must be a signatory
to an agreement providing reinsurance for workers' compensation insurance
policies issued to assigned risk market employers under the organizing
principles in each state where the coverage shall be provided; and
(e) A servicing carrier unwilling or unable
to provide insurance for an employer in additional states shall refer the
employer to the Plan Administrator or appropriate administrative organization
for the states where coverage is needed for instructions and
applications.
(3)
(a) An employer who applies for workers'
compensation insurance under another state's workers' compensation insurance
plan may purchase coverage for operations in Oregon without meeting the
application requirements of this Plan, provided:
(A) The employer qualifies for such insurance
under the other state's Plan;
(B)
The employer is in good faith entitled to insurance under this Plan;
(C) The other state's Plan is similar to this
Plan;
(D) That Plan also provides
for interstate assignments; and
(E)
The payroll for the employer's operation in Oregon is not greater than the
payroll in the other state;
(b) The rates, rating plans, classifications
and policy forms used to provide coverage in Oregon shall be those that are
applicable to assigned risk market risks in Oregon and are on file and have
been approved by the Insurance Commissioner and authorized for use in the
assigned risk market by the Plan Administrator;
(c) The administrator of the other Plan is
authorized to assign employers with operations in Oregon to the other Plan's
servicing carriers, subject to the following conditions:
(A) The servicing carrier must be a signatory
to the organizing principles in Oregon. In addition, if the payroll for the
employer's operation in Oregon is greater than $250,000, the servicing carrier
must also be a servicing carrier in Oregon. If there is no eligible servicing
carrier in Oregon that is also an insurer in the state of assignment, then the
Plan Administrator may remove the payroll limitation or may require the
employer to submit a separate application for coverage in Oregon; and
(B) The other state's Plan must give the Plan
Administrator in Oregon similar authority to make interstate
assignments.
(d) With
regard to interstate assignments and policies, this Plan shall have
jurisdiction over all disputes resulting from the application of rules,
programs, and procedures that are specific to Oregon. Disputes regarding
application requirements shall be under the jurisdiction of the state's Plan
where the application was filed.
(4) This section is not applicable for
unknown or unanticipated operations or exposures for which coverage may be
available under the Residual Market Limited Other States Coverage
Endorsement.
Stat. Auth.: ORS
656.427,
656.730 &
731.244
Stats. Implemented: ORS
656.427,
656.730 &
737.265
