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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsNovember 2013

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(18 Del.C. §§311 and 2610 and 29 Del.C. Ch. 101)
Proposed Regulation 804 relating to Workers Compensation Ratepayer Advocate was published in the Delaware Register of Regulations on August 1, 2013. The comment period remained open until August 30, 2013. There was no public hearing on proposed Regulation 804. Public notice of the proposed Regulation 804 in the Register of Regulations was in conformity with Delaware law.
1. 18 Del.C. §§311 and 2610 of the Insurance Code requires a regulation to set forth rules and procedural requirements which the Commissioner deems necessary to carry out the provisions of the Code.
Based on the provisions of 18 Del.C. §§311 and 2610, and of 29 Del.C. Ch. 101, and the record in this docket, I hereby adopt proposed Regulation 804 as may more fully and at large appear in the version attached hereto to be effective 10 days after being published as final.
The text of proposed Regulation 804 last appeared in the Register of Regulations Vol. 17, Issue 2, pages 169-171.
This regulation is adopted and promulgated in accordance with 18 Del.C. §311 and §2610 and promulgated under 29 Del.C. Ch. 101.
Advisory Organization means the advisory organization designated by the Department pursuant to 18 Del.C. §2607.
Attorney General means the Attorney General of this State, or the Attorney General’s designee.
Commissioner means the Insurance Commissioner of this State, or the Commissioner’s designee.
Department means the Insurance Department of this State.
Ratepayer Advocate means a member of the Delaware bar appointed pursuant to 18 Del.C. §2610(e) and this regulation.
The purpose of this regulation is to implement the provisions of 18 Del.C. §§2610 (e), (f), and (g) regarding the Ratepayer Advocate who shall represent the interests of Delaware workers compensation rate-payers in connection with the filing of any application by the Advisory Organization with the Commissioner relating to rates or prospective loss costs.
At least forty-five (45) days in advance of filing an application with the Commissioner relating to rates or prospective loss costs, the Advisory Organization shall advise the Commissioner in writing of the Advisory Organization’s intention to make such a filing and the anticipated date of the filing.
6.2.1 The cost of this actuary shall be borne by the Advisory Organization. [The actuary shall be entitled to charge a reasonable hourly rate acceptable to the Commissioner and the Attorney General, and to be reimbursed for reasonable expenses.] The actuary shall submit a statement or statements for fees and expenses to the Commissioner, who shall forward each statement to the Advisory Organization for payment.
6.4 [The Advisory Organization shall provide to the Commissioner and the Ratepayer Advocate such documents and information as they may reasonably request in order to allow them to properly participate in review of the filing and in any hearing thereon. The Advisory Organization shall provide such information to the Commissioner and the Ratepayer Advocate within seven days of any request. The Advisory Organization shall provide such information in electronic format or by providing a link to information available on the internet, unless doing so would cause the Advisory Organization to incur undue expense. Following the commencement of a case concerning an application by a workers compensation advisory organization relating to rates or prospective loss costs, the Department and the Ratepayer Advocate may request from the Advisory Organization, in writing, such documents and information as they may reasonably require in order to allow them to properly participate in review of the filing and in any hearing thereon. Unless the Advisory Organization, within seven days of its receipt of the request, objects in writing to the production of such documents and information, or responds in writing that it is not able to produce the documents and information within seven days of its receipt of the request, the Advisory Organization shall provide such information to the Department and the Ratepayer Advocate within seven days of its receipt of the request. The Advisory Organization shall provide such information in electronic format or by providing a link to information available on the internet, unless doing so would cause the Advisory Organization to incur undue expense. If the Advisory Organization objects to the production of such documents and information, or responds that it is not able to produce the documents or information within seven days of its receipt to any such request, the Department or the Ratepayer Advocate may request that the Hearing Officer, if one has been appointed, or otherwise the Commissioner, issue subpoenas for witnesses and other sources of evidence, in accordance with 29 Del.C. Chapter 101.]
6.5 If the [Commissioner Department, the Ratepayer Advocate] or any other party retains an actuary who prepares a written report regarding the filing, the [Commissioner Department, the Ratepayer Advocate] or other party[, upon receipt of the written report from the actuary,] shall provide a complete copy [of the written report upon receipt from the actuary thereof] to all other parties.
6.6 Pursuant to HB 175, Section 8 (enacted June 27, 2013) (the “Act”), the Advisory Organization “shall, within 90 days after June 27, 2013 [i.e.no later than September 25, 2013], file for approval by the Commissioner prospective loss costs that shall explicitly and individually account for the impact of any statutory changes in this Act or Senate Bill 238 of the 146th General Assembly, as well as any regulatory changes proposed by the Health Care Advisory Panel within 60 days of the enactment of this Act. Any order issued by the Department of Insurance relating to said filing shall explicitly account for all statutory changes and regulatory proposals that are enumerated by the advisory organization in the filing required by this Section.” In furtherance of this directive, and to assist the Commissioner in formulating the findings required by the Act, any report prepared by an actuary retained by the Department of Insurance or the Ratepayer Advocate “shall explicitly account for all statutory changes and regulatory proposals that are enumerated by the advisory organization in the filing required by this Section.”
6.7 The parties may enter into agreements to protect confidential, [private] or proprietary information. [In the event of any dispute between the parties concerning whether any information requested or subpoenaed is of a confidential, private or proprietary nature, the party from whom the information has been requested may request that the Hearing Officer, if one has been appointed, or otherwise the Commissioner, issue an order protecting the information from disclosure.]
[6.8 Any disputes regarding requests for information shall be presented to the Hearing Officer, if one has been appointed, or otherwise to the Commissioner, for resolution.]
6.[98] The Hearing Officer, if one has been appointed, or otherwise the Commissioner, may conduct such pre-hearing or other meetings and make such rulings as appropriate to simplify the issues, obtain admissions of fact and of documents which will avoid unnecessary proof, and aid in the prompt disposition of the matter. [Nothing in this Section 6.8 nor elsewhere in this Regulation 804 is intended to be inconsistent with the provisions and requirements of 18 Del.C. Chapter 26 or 29 Del.C. Chapter 101.]
6.[109] The parties on their own initiative may submit pre-filed testimony for some or all witnesses. The parties shall submit pre-filed testimony if directed to do so by the Hearing Officer, if one has been appointed, or by the Commissioner.
6.[1110] Nothing in these regulations shall preclude the parties from resolving any matter by voluntary agreement.
This Regulation shall become effective 10 days after being published as a final regulation.
Last Updated: December 31 1969 19:00:00.
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