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14.09.13.00.htm 14.09.13.00. Title 14 INDEPENDENT AGENCIES Subtitle 09 WORKERS' COMPENSATION COMMISSION Chapter 13 Individual Employer Self-Insurer Authority: Labor and Employment Article, §9-309, 9-402, 9-403, 9-405, and 9-406, Annotated Code of Maryland
14.09.13.01.htm 14.09.13.01. 01 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Acceptable financial indicators" means indicators consistent with comparable industry financial health and performance criteria as reported in rating services such as RMA Annual Financial Statement Studies or equivalent recognized indices.2) "Act" means the Maryland Workers' Compensation Act, Labor and Employment Article, Title 9, Annotated Code of Maryland.
14.09.13.02.htm 14.09.13.02. 02 Application.. A. Requirements.. 1) An initial application for individual self-insurance shall be submitted to the Commission on forms prescribed by the Commission and shall include all required information and documentation required by the Commission.2) A nonrefundable fee in the amount established by the Commission shall accompany the application.. 3) The required information on the application shall be fully completed and particularly set forth under oath by the employer
14.09.13.03.htm 14.09.13.03. 03 Revocation of Self-Insured Status.. A. Approval for self-insurance privileges shall be continuous unless and until revoked or withdrawn.. B. Deterioration in the financial strength of the self-insurer, which may affect the ability of the self-insurer to pay current and future claims when due, may result in modification or revocation of self-insurance privileges.C. Failure of a self-insurer to satisfy the Commission of its financial ability to secure compensati
14.09.13.04.htm 14.09.13.04. 04 Voluntary Withdrawal From The Self-Insurance Program.. A. A self-insurer who voluntarily withdraws its privileges or the privileges of a self-insured subsidiary shall:1) Do so in writing to the Commission. The written notice shall be made to the Commission by personal delivery or by certified mail, return receipt requested; and2) Provide the date and time of the intended withdrawal and the carrier name, policy number, and effective date of coverage of the insurer assuming th
14.09.13.05.htm 14.09.13.05. 05 Revoked and Terminated Self-Insurers.. A. Effective on the date of self-insurance revocation or termination, a revoked or terminated self-insurer shall provide the Commission with written evidence of workers' compensation insurance from an approved commercial carrier or the Maryland Injured Workers Insurance Fund, effective on the date of self-insurance termination.B. A terminated or revoked self-insurer shall maintain the security, excess policy, and parental gua
14.09.13.06.htm 14.09.13.06. 06 Security.. A. Each self-insurer shall, as a condition for the approval and continuation of its self-insurance privilege, provide a qualifying security deposit to secure the payment of compensation. The security is not subject to assignment, execution, attachment, or any legal process whatsoever, except as necessary to guarantee compensation under this chapter. The Commission may waive security requirements for individually self-insured governmental entities.
14.09.13.07.htm 14.09.13.07. 07 Excess Insurance.. A. The applicant for self-insurance shall purchase excess insurance in an amount determined by the Commission.B. Specific retention amounts as defined in the excess policy shall be no higher than 5 percent of net worth or unrestricted net assets. The specific excess limit shall be not less than 20 times the specific retention amount or as otherwise ordered by the Commission.C. The applicant for self-insurance may request the intended specific reten
14.09.13.08.htm 14.09.13.08. 08 Reporting Requirements.. A. Financial Reports.. 1) A self-insurer shall file an annual audited financial report and 10K reports, if applicable, with the Commission within 120 days of the end of the reporting period. An extension may be granted upon written request of the Commission.2) The self-insurer shall submit interim reports as requested by the Commission.. B. Claims Reports.. 1) A self-insurer shall maintain true and accurate records of workers' comp
14.09.13.09.htm 14.09.13.09. 09 Proceedings.. A. An order of denial of an application for self-insurance or a change in terms or conditions of the self-insurance program shall be served upon the designated representative or representatives of the self-insurer by personal delivery or by certified mail, return receipt requested. The order shall include the reason or reasons for denial.B. Upon receipt of the order of denial of an application for self-insurance or a change in terms or conditions of the self-in
14.09.13.10.htm 14.09.13.10. 10 Examinations.. The costs of examinations pursuant to Labor and Employment Article, §9-405(e) Annotated Code of Maryland, shall be paid by the Commission. If the self-insurer is in default, the expense of the examination shall be paid by the self-insurer.
14.09.13.11.htm 14.09.13.11. 11 Access To Workers' Compensation Records of Self-Insurer.. A self-insurer or its designee shall immediately upon notification by the Commission, or upon discontinuance of workers' compensation payments for the period while self-insured, release all relevant records to the Commission or the agent for the surety responsible for the continuation of workers' compensation payments.
14.09.13.12.htm 14.09.13.12. 12 Confidentiality of Information.. The Commission may not release to the public any information concerning a self-insurer other than confirmation that an employer is individually self-insured, its address, the effective date of the insurance program, and the name of the claims administrator, unless by order of a court, or as required by State or federal law.
14.09.13.9999.htm 14.09.13.9999. Administrative History Effective date: April 12, 2004 (31:7 Md. R. 586). Regulation .08 amended effective April 11, 2005 (32:7 Md. R. 683) ―. Chapter recodified from COMAR 14.09.10, Individual Employer Self-Insurer, to COMAR 14.09.13, Individual Employer Self-Insurer, effective March 3, 2014 (41:4 Md. R. 304)
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