803 KAR 25:175. Filing of insurance coverage and notice of policy change or termination.

RELATES TO: KRS 342.0011(22), 342.340(2)


NECESSITY, FUNCTION, AND CONFORMITY: KRS 342.340 requires an insurance carrier to file proof of insurance coverage for an employer and notice of policy change or termination on a form prescribed by the commissioner. KRS 342.260(1) requires the commissioner to promulgate administrative regulations necessary to carry on the work of the department. This administrative regulation establishes the requirements for filing proof of coverage and policy change or termination of coverage.

Section 1. Definitions. (1) "Insurance carrier" is defined in KRS 342.0011(22).

(2) "NCCI" means the National Council on Compensation Insurance.

Section 2. Reporting Requirements. Each insurance carrier shall file the information required on the Form POC-1 for each new policy or a change or termination of a policy. The completed Form POC-1 shall be filed:

(1) With NCCI in the manner prescribed by Sections 3 and 4 of this administrative regulation; or

(2) Electronically with the Department of Workers? Claims. An electronic transmission of data shall have:

(a) Demonstrated its reliability in tests rendered by the department; and

(b) Received the approval of the commissioner.

Section 3. Reporting to NCCI. (1) Except as provided in Section 2(2) of this administrative regulation, an insurance carrier shall file the Form POC-1 with NCCI pursuant to the time requirements established in KRS 342.340(2).

(2) NCCI shall electronically file the information filed pursuant to subsection (1) with the Department of Workers' Claims.

(3) The time requirements established in KRS 342.340(2) shall be satisfied once the insurance carrier makes the appropriate filing with NCCI.

Section 4. (1) If an insurance carrier wants acknowledgment of a filing, the insurance carrier shall file a copy of the POC-1 form with a request for acknowledgment to NCCI with the original filing.

(2) A report that is incomplete or provides incorrect information shall:

(a) Be returned by NCCI; and

(b) Not be considered as compliance with KRS 342.340(2) until the information is completed or corrected and refiled with NCCI.

Section 5. Incorporation by Reference. (1) "POC-1 Form", December 1996 Edition, Department of Workers' Claims is incorporated by reference.

(2) The material may be inspected, copied, or obtained at the Department of Workers' Claims, Prevention Park, 657 To Be Announced Avenue, Frankfort, Kentucky 40601, Monday through Friday, 9 a.m. to 4 p.m. (24 Ky.R. 807; Am. 1113; 1262; eff. 12-15-97; 25 Ky.R. 1962; 2371; eff. 4-14-99.)