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Texas Department of Insurance
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EXEMPT FILING NOTIFICATION COMMISSIONER'S ORDER NO. 06-0342PURSUANT TO THE INSURANCE CODECHAPTER 5, SUBCHAPTER L, ARTICLE 5.96

ADOPTION OF AMENDMENTS TO THE TEXAS WORKERS' COMPENSATION STATISTICAL PLAN TO ADD ITEM 17 TO THE REPORTING INSTRUCTIONS TO EXPLAIN HOW THE WORKERS COMPENSATION HEALTH CARE NETWORK PREMIUM CREDIT IS TO BE REPORTED USING STATISTICAL CODE 9874 AND TO INCLUDE CODE 9874 IN THE LISTING OF STATISTICAL CODES FOR PREMIUM NOT SUBJECT TO EXPERIENCE RATING - REPORTED ON LINES D, E, F, OR G.

The Commissioner of Insurance adopts amendments proposed by the staff of the Data Services Division of the Property and Casualty Insurance program at the Texas Department of Insurance (Department) to the Texas Workers' Compensation Statistical Plan (the Plan). The Plan provides insurers licensed in Texas to write workers' compensation insurance with the necessary instructions for the reporting of statistics to the Department. The adopted amendments facilitate implementation of HB 7, enacted by the 79th Texas Legislature, Regular Session, 2005. HB 7, in pertinent part, authorizes the establishment of workers' compensation health care networks for the provision of workers' compensation medical benefits and provides the statutory framework for the establishment of standards for the certification, administration, evaluation, and enforcement of the delivery of health care services to injured employees by workers' compensation health care networks. The purpose of the adopted amendments to the Plan is to provide a means for insurers to report the premium credit that is addressed by Rule VI, Section K of the Texas Basic Manual of Rules, Classifications and Experience Rating Plan for Workers' Compensation and Employers' Liability Insurance as recently adopted by Commissioner's Order No. 06-0273, dated March 22, 2006, and published in the March 31, 2006 issue of the Texas Register (31 TexReg 2881). The Commissioner adopts the amendments as proposed in the staff's petition filed on February 27, 2006. Notice of the proposal was published in the March 10, 2006 issue of the Texas Register (31 TexReg 1735). No hearing was requested on this matter. The Department received no comments concerning the proposed amendments. The adopted amendments to the Plan are filed pursuant to the Insurance Code Articles 5.58 and 5.96. Article 5.58(a) requires the Commissioner to develop reasonable statistical plans for the reporting of workers' compensation insurance statistics to the Department. Article 5.96 authorizes the Commissioner to prescribe, promulgate, adopt, approve, amend or repeal standard and uniform manual rules, rating plans, classification plans, statistical plans and policy and endorsement forms for workers' compensation insurance. The adoption amends the Plan as follows:

1. Amend Part III of the Plan (relating to Exposure and Premium) to add Item 17 to the reporting instructions to explain how the certified workers compensation health care premium credit is to be reported using Statistical Code 9874.

2. Amend Part X of the Plan (relating to Statistical Codes) to include Code 9874 Certified Workers Compensation Health Care Network Premium Credit in the listing of statistical codes for Premium Not Subject to Experience Rating - Reported on Lines D, E, F, or G.

The adopted amendments are more particularly set forth in the applicable portions of the Plan that are attached hereto and made a part hereof for all purposes.

The Commissioner of Insurance has jurisdiction over this matter pursuant to the Insurance Code Articles 5.58 and 5.96.

The amendments as adopted by the Commissioner are on file in the Chief Clerk's Office of the Texas Department of Insurance under Reference No. W-0206-03-I and are incorporated by reference into Commissioner's Order No. 06-0342.

This notification is made pursuant to the Insurance Code Article 5.96, which exempts it from the requirements of the Government Code Chapter 2001 (Administrative Procedure Act).

For more information, contact: ChiefClerk@tdi.texas.gov