20-359. Deviations from filed workers'
compensation rates
A. Every insurer shall adhere to the filings made by the rating organization of
which it is a member, except that any member insurer may file with the director:
1. A uniform percentage decrease or increase to be applied to the statewide rate
portion of the rating organization's rate filing.
2. A subclassification rate related rule that deviates from the rules or schedule
rating plan filed by the insurer's rating organization. An insurer shall not apply a
deviation and a schedule rating plan within the same insurance company.
B. Each deviation filed shall be on file with the director for a waiting period of
at least thirty days before it becomes effective. On written application by the insurer
making the filing, the director may authorize a filing to become effective before the
waiting period expires. A deviation that is filed pursuant to subsection A, paragraph 1
of this section and that is not disapproved by the director expires the following
December 31 at midnight in this state unless the director terminates the deviation
sooner. A deviation that is filed pursuant to subsection A, paragraph 2 of this section
continues until the insurer withdraws the deviation or the director determines that the
deviation no longer meets the standards prescribed in section 20-356, paragraph 1. At any
time the director may require an insurer to actuarially support a deviation. The insurer
that files the deviation shall simultaneously send a copy of the filing to the rating
organization of which it is a member and to any designated rating organization.
C. A rating organization shall notify the director if the organization disapproves
any deviation relating to workers' compensation insurance. The director shall notify the
industrial commission of the disapproval within ten days of receipt of the disapproval
from the rating organization.
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