The Texas Department of Insurance (TDI) accepted the National Council on Compensation Insurance (NCCI) advisory loss cost filing (SERFF tracking no. NCCI-133461874, State tracking no. S706906) with an effective date of July 1, 2023. This filing proposes an overall average decrease of 9% to the current loss cost level. These and prior years' loss costs are available for review in the Texas workers' compensation rate guide on TDI's website.
For all workers' compensation policies written with an effective date on or after July 1, 2023, insurance companies must use one of the following rate bases:
(1) their own independent, insurer-specific classification relativities; or
(2) NCCI loss costs effective July 1, 2023.
For policies with an effective date on or after July 1, 2023, insurance companies may not base their rates on the NCCI loss costs from July 1, 2022, or any prior year's loss costs or relativities.
Actions required of insurance companies
Insurance Code Section 2053.003 requires each insurance company to file with TDI all rates, supplementary rating information, and reasonable and pertinent supporting information for risks written in Texas. Insurance companies' rate filings should use the most recently available data and information.
Insurance companies that currently write workers' compensation insurance and plan to continue writing that coverage on or after July 1, 2023, should submit a rate filing no later than June 1, 2023. The rate filing must be submitted in SERFF and should contain the information specified in the attached Summary of Actions Required by Insurance Companies 2023, including the Notice of Carrier Intent and Certification.
An insurance company that is not currently writing workers' compensation insurance but plans to write its first policy with an effective date on or after July 1, 2023, should send its rate filing to TDI at least 30 days before the effective date of its first policy.
Filing forms and exhibits
The Property and Casualty Filings Made Easy (FME) Guide is an aid for making rate filings in Texas. Insurance companies may provide the required information using the current versions of the exhibits in the FME Guide or they may use their own exhibits and formats.
Property and casualty insurance companies must comply with the filing requirements in Title 28, Texas Administrative Code, Part 1, Chapter 5, Subchapter M, Division 6. Section 5.9334 addresses the requirements for each rate filing submission. Each of these requirements (along with other categories of information that may be requested) is detailed in Section 5.9332 (relating to Categories of Supporting Information).
For more information, contact David Boon in the Property and Casualty Division – Property and Casualty Actuarial Office at 512-676-6700 or email@example.com.