CHAPTER
Lab 300 WORKERS' COMPENSATION INSURANCE
COVERAGE
Statutory
Authority: RSA 281-A:5, I and RSA
281-A:60
PART
Lab 301 PURPOSE
Lab 301.01 Purpose. This chapter sets forth the policies,
procedures and forms for carrying out the provisions of RSA 281-A pertaining to
workers' compensation insurance.
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07
PART Lab 302 POLICY
Lab 302.01 Policy. It is the policy of this department to
require every employer who is subject to the statute to secure payment of
benefits in accordance with RSA 281-A:5. Accordingly, employers and the
insurance industry shall comply with the applicable provisions of RSA 281-A and
this chapter and in providing the department with the necessary information.
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New.
#9019, eff 11-1-07
PART Lab 303 DEFINITIONS
Lab 303.01 "Agency" means an insurance
establishment duly licensed to provide workers' compensation coverage.
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New.
#9019, eff 11-1-07
Lab 303.02 "Benefits" means compensation for
wage loss, remedial care and rehabilitation as provided by RSA 281-A.
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07
Lab 303.03 "Binder" means an agreement, or
memorandum thereof, whereby an agency or carrier undertakes to provide coverage
to an employer pending filing of notice of coverage with the department.
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New.
#9019, eff 11-1-07
Lab 303.04 "Bureau" means the National Council
on Compensation Insurance,
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New.
#9019, eff 11-1-07
Lab 303.05 "Carrier" means an insurance
company duly licensed to secure payment of benefits under RSA 281-A:5, I.
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New.
#9019, eff 11-1-07
Lab 303.06 "Carrier identification number"
means a 3 digit number assigned to the carrier by the
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New.
#9019, eff 11-1-07
Lab 303.07 "Coverage" means workers'
compensation insurance.
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98 (formerly Lab 303.06); ss
by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
New.
#9019, eff 11-1-07
Lab 303.08 "Election" means a voluntary
acceptance of the statute by an employer not otherwise subject to its
provisions, as authorized by RSA 281-A:2, VI and RSA 281-A:3.
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98 (formerly Lab 303.07); ss
by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
New.
#9019, eff 11-1-07
Lab 303.09 "Establishment" means the
location or jobsite where the activities of a business are conducted.
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5558, eff 1-18-93 (formerly Lab 303.08), EXPIRED:
1-18-99
New.
#9019, eff 11-1-07
Lab 303.10 "Employee" means any person who
works full or part-time for an employer, including those sole proprietors,
partners, members of a limited liability company with less than 4 members, and
executive officers of a corporation with less than 4 executive officers and no
other employees who, although excluded from compulsory coverage requirements,
have elected to purchase workers' compensation coverage for themselves. Employee also includes any executive officers
or members in excess of 3.
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98 (formerly Lab 303.09); ss
by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
New.
#9019, eff 11-1-07
Lab 303.11 "Employer" means any private or
public entity that has one or more full or part time employees subject to the
compulsory workers' compensation coverage requirements of the statute or that
has any excluded individuals who have elected to purchase workers' compensation
coverage for themselves. The terms
"employer" and "carrier" are synonymous where an employer
is self-insured under RSA 281-A:5, III.
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98 (formerly Lab 303.10); ss
by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
New.
#9019, eff 11-1-07
Lab 303.12 "Employer identification number"
means the 9 digit federal identification number assigned to an employer by the
Internal Revenue Service. Forms to be
used for the purpose of applying for a federal identification number may be
obtained at any local office of the IRS, Post Office or from IRS,
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New.
#6806, eff 7-18-98 (formerly Lab
303.11); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
New.
#9019, eff 11-1-07
Lab 303.13 "Exclusion" pursuant to RSA
281-A:18-a, means election not to purchase coverage by 3 or less executive
officers of a corporation or by 3 or less members of a limited liability
company when coverage would otherwise be compulsory.
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07
Lab 303.14 "Poster" means the employer's notice
of compliance with the insurance coverage provisions of the statute.
Source. #4854, eff 6-29-90; ss by #5235, eff 9-27-91,
EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98 (formerly Lab 303.12); ss
by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
New.
#9019, eff 11-1-07
Lab 303.15 "Reinstatement" means the restoring
or renewal of coverage by the same carrier without a lapse in coverage as confirmed
by department records.
Source. #4854, eff 6-29-90; ss by #5235, eff 9-27-91,
EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98 (formerly Lab 303.13); ss by
#8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
New.
#9019, eff 11-1-07
Lab 303.16 "Statute" means the Workers'
Compensation Law, RSA 281-A, as amended.
Source. #6806, eff 7-18-98 (formerly Lab 303.14); ss
by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
New.
#9019, eff 11-1-07
Lab 303.17 "Termination" means the cessation
of coverage.
Source. #6806, eff 7-18-98 (formerly Lab 303.15); ss
by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
New.
#9019, eff 11-1-07
PART
Lab 304 COVERAGE RESPONSIBILITY
Lab 304.01 Employers.
(a) The primary responsibility for coverage shall
rest upon the employer. Such
responsibility shall be exercised by applying for coverage as required by RSA 281-A:5,
I, or II or by furnishing proof of financial ability to pay compensation and
receiving permission from the labor commissioner to self-insure pursuant to RSA
281-A:5, III as specified in Lab 400.
(b) The employer's responsibility to obtain
coverage shall begin before hiring any employee. An employer's responsibility to obtain
coverage shall also begin when a valid termination notice canceling existing
coverage is received from the carrier and the employer shall answer the
department's inquiry about the reason(s) for termination of coverage as
discussed in Lab 307.03.
(c) When coverage is available only through the
assigned risk plan as discussed in Lab 305, the employer's application for
coverage shall constitute a bona fide application only when accompanied by the
required premium payment.
(d) The employer shall demonstrate compliance
with the coverage provisions of the statute by posting the "Notice of
Compliance", form WCP-1 as described in Lab 308.04, in a conspicuous
location available to all employees in accordance to RSA 281-A:4.
(e) Employers who have not already done so shall
apply immediately to the US Internal Revenue Service for an employer
identification number and supply same to agent, carrier as well as department
of labor on request.
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New.
#9019, eff 11-1-07
Lab 304.02 Agencies and Employers.
(a) Agents and employers shall share coverage
responsibility by making clear the status of coverage by providing accurate information
beginning upon receipt by the agent of a complete application for coverage,
oral or in writing, from the employer.
This shall include the information necessary to complete or change the
"Exclusion of Executive Officers or Members", form 6WCex if
applicable, and also include the necessary information to complete all other
coverage forms.
(b) If the agent is not successful in obtaining
coverage for the employer through the voluntary market, the agent is further
responsible for advising the employer of the availability of coverage under the
existing assigned risk plan of the National Council on Compensation Insurance,
for providing the proper application form, and for advising the employer that
the application is complete only when accompanied by payment of the required
premium.
(c) The agent's responsibilities delineated above
shall pertain solely to workers' compensation insurance.
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; amd by #5658, eff 6-28-93; ss by #6631, INTERIM, eff
11-16-97, EXPIRED: 3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07
Lab 304.03 Agencies and Carriers.
(a) Agents and carriers shall share in coverage
responsibility by processing the necessary paperwork and advising of the status
of an application for coverage beginning upon the agent's receipt of a
completed application for coverage, whether oral or in writing, and extending
until the carrier accepts the risk voluntarily or the risk is assigned to a
carrier through the assigned risk plan.
Agencies shall provide to the carrier the necessary information for the
carrier the "Exclusion of Executive Officers or Members" form and
send it to the department. Only those
specific executive officers on file with the department shall be excluded.
(b) Agencies and carriers shall advise any
employer applying for coverage to apply to the U S Internal Revenue Service for
a federal employer identification number if the employer has not already done
so. The absence of an identification number shall not relieve the agent or
carrier from the filing requirements delineated in Lab 306. As soon as the number is available, the carrier
shall report the assigned ID number to the department.
Source. #4854, eff 6-29-90; amd by #5658, eff
6-28-93; ss by #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New.
#9019, eff 11-1-07
Lab 304.04 Carriers.
(a) Carriers shall print or purchase all
prescribed coverage and claims forms. Supplies of these forms shall not be
provided by the department.
(b) Carriers shall furnish covered businesses
with a sufficient number of posters, form WCP-1, and with an adequate supply of
claims forms as required by Lab 500.
(c) The carrier shall file a completed
"Notice of Coverage", form 6WC, supplemental notice of coverage,
Form 6WC-S a completed "Notice of Termination or
Reinstatement", form to complete WC 100 as well as an "Exclusion of
Executive Officers or Members", form 6WCex, when applicable as prescribed
by Lab 306 and Lab 307.
(d) The carrier shall forward by certified mail a
copy of the "Exclusion of Executive Officers or Members" form to each
of the executive officers or members listed on the form.
(e) Carriers shall contact the department to be
assigned a "Carrier Identification Number" prior to underwriting
coverage in
(f) The carrier's responsibilities delineated
above shall pertain solely to workers' compensation insurance.
Source. #4854, eff 6-29-90; amd by #5558, eff 1-18-93;
ss by #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New.
#9019, eff 11-1-07
PART Lab 305 ASSIGNED RISK
Lab 305.01 Bureau Coverage. When coverage is provided by the assigned
risk plan of the National Council on Compensation Insurance, the bureau shall
provide the department with a copy of the assignment letter.
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019,
eff 11-1-07
PART Lab 306
EVIDENCE OF COVERAGE
REVISION NOTE:
Document
#4854, effective 6-29-90, made extensive changes to the wording, format,
structure, and numbering of rules in Part Lab 306. Document #4854 supersedes all prior filings
for the sections in this part. The prior
filings for former Part Lab 306 include the following documents:
#2264, eff 1-6-83
#2935, eff 12-27-84
Lab 306.01 Filing Notice of Ordinary Coverage.
(a) Carriers shall provide the department with
evidence of coverage by filing a completed "Notice of Workers'
Compensation Coverage", form 6WC, as soon as possible after completion of
arrangements to provide coverage, but no later than 10 calendar days after date
of binder issued. Notice may be filed by mail or by facsimile
transmission or electronically.
(b) The carrier shall accurately and fully
complete the "Notice of Coverage", form 6WC. Defect as to form or
contents shall render the filing invalid but shall not affect the insurance
coverage of the employer.
(c) Failure of a carrier to file an accurately
and fully completed "Notice of Coverage", form 6WC shall constitute
noncompliance and shall subject the carrier to the civil penalty as prescribed
by RSA 281-A:7, I. The penalty shall be
applied for each day of noncompliance following the carrier's notification by
the department and continuing until the properly completed notice is filed with
the department.
(d) Notice shall be given in terms of coverage,
not policy. Notice of coverage shall not
be filed annually at the time of policy renewal. Once notice of coverage has
been filed by the carrier, coverage shall remain in force until a valid
termination notice has been filed by the carrier with the department or until a
new coverage notice is filed by a new carrier, form 6WC.
(e) "Notice of Coverage", form 6WC
shall be filed by the carrier in the following circumstances:
(1) When insuring an employer's business with no
prior coverage in this state;
(2) When insuring a business previously insured
by a company outside the carrier's group or fleet of companies;
(3) When renewing a business' coverage with the
same carrier group or fleet following a lapse in the business' coverage
confirmed by the department's records;
(4) When requested by the department to show
proof of
(5) When one group or fleet of carriers is
acquired by another group or fleet of carriers and coverage is transferred to
the acquiring company;
(6) When an employer changes their federal
identification number, or;
(7) When an employer changes their type of
organization.
(f) Carriers shall not file notice, form 6WC, in
the following circumstances:
(1) When rewriting a policy;
(2) When reinstating coverage without a lapse in
coverage confirmed by department records; or
(3) When substituting one carrier for another
within the same group or fleet of companies.
(g) Form 6WC shall be filed with the department
by the carrier as notice of coverage for the business' primary location. If the business has 2 or more establishments,
locations or job sites operating under different federal employer
identification numbers, the carrier shall file a separate form 6WC for each
establishment.
(h) If the business has additional establishments,
locations or job sites operating under the same federal employer identification
number, the carrier shall file form 6WC for the primary location and a
"Supplemental Notice", form 6WC-S, for each of the supplemental
establishments.
(i) Carriers desiring acknowledgment of filing of
notice with the department shall mail the notice, return receipt requested and
shall send the notice and one copy with a self-addressed, stamped envelope.
(j) Agencies desiring a copy of the notice shall
write to the department and request same, enclosing a self-addressed, stamped
envelope.
Source. (See Revision Note at part heading for Lab
306) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07
Lab 306.02 Filing Notice of Elective Coverage.
(a) Employer election shall identify the person to
be covered under this insurance policy.
The carrier shall file notice of elective coverage by completing both
form 6WC and 6WC-S when an employer purchases elective coverage alone or
simultaneously purchases elective coverage and ordinary coverage for the
business as provided by RSA 281-A:3.
(b) The carrier shall file notice of elective
coverage by completing the pertinent section of "Supplemental
Notice", form 6WC-S, when elective coverage is added after the purchase of
ordinary coverage.
(c) Elective coverage shall continue until
canceled by filing form 6WC-S or WC-100 as described in Lab 308.02 and Lab
308.03 with the department as provided by Lab 306.03(a)(6) and (7) or Lab 307
termination notices.
Source. (See Revision Note at part heading for Lab
306) #4854,
eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019,
eff 11-1-07
Lab 306.03 Filing Notice of Changes in Ordinary or
Elective Coverage.
(a) The carrier shall file notice of changes in
coverage by completing the pertinent sections of Supplemental Notice",
form 6WC-S, when:
(1) Reporting a newly assigned federal employer
identification number if the original Notice of Coverage, form 6WC was filed
under the Social Security Number;
(2) Adding a location to existing coverage;
(3) Adding elective coverage to existing ordinary
coverage;
(4) Adding a partner to existing elective
coverage;
(5) Deleting a location from existing coverage;
(6) Deleting only elective coverage when prior
filings reflected both elective and original coverage;
(7) Deleting a partner from existing elective
coverage;
(8) Changing
information regarding the primary location, or
(9) Correcting
the type of organization when reported incorrectly on the original 6WC filing.
Source. (See Revision Note at part heading for Lab
306) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New.
#9019, eff 11-1-07
Lab 306.04 Filing for Exclusion of Executive Officers
or Members.
(a) A corporation or limited liability
corporation may elect to exclude 3 or less executive officers or members. This shall be done by completing the
"Exclusion of Executive Officers or Member" form.
(b) Carriers shall provide the department with a
completed "Exclusion of Executive Officers or Members" form as per
Lab 308.05.
(c) This form shall not be valid unless there is
a 6WC form on file at the department with the same.
(d) If the "Exclusion of Executive Officers
or Members" form is not on file at the department, the executive officers
or members shall not be excluded.
(e)
The carrier shall forward a copy of the "Exclusion of Executive
Officers or Members" form to officer listed on the form by certified mail.
(f) If
there is a change of carrier, a new 6WCex form shall be filed by the new
carrier.
(g)
All officers or members to be excluded shall be listed on each new
filing of the 6WCex form. Failure to accurately and fully complete the form
shall negate the entire form. Each time a 6WCex form is filed, a copy shall be
sent to the listed executive officers or members by certified mail.
(h)
When all of the excluded officers or members elect to be covered, a new
"Exclusion of Executive Officers or Members" form, 6WCex shall be
filed.
(i) In
the event of an injury, the form 6WCex, that was on file with the department on
the date of injury shall be the determining document as to whether that
employee is excluded.
(j)
Each filing of a 6WCex shall invalidate any previously filed 6WCex
forms, except as in (i) above.
(k)
Those executive officers or members who elect to be excluded under 6WCex
shall not be considered uninsured employees of a subcontractor under RSA
281-A:18.
Source. #5558, eff 1-18-93; ss by #6631, INTERIM, eff
11-16-97, EXPIRED: 3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07
PART Lab 307
TERMINATION AND REINSTATEMENT OF COVERAGE
REVISION NOTE:
Document
#4854, effective 6-29-90, made extensive changes to the wording, format,
structure, and numbering of rules in Part Lab 307. Document #4854 supersedes all prior filings
for the sections in this part. The prior
filings for former Part Lab 307 include the following documents:
#2264, eff
1-6-83
#2935, eff
12-27-84
Lab 307.01
Purpose. This section sets
forth the requirements a carrier must follow when terminating and reinstating
workers compensation coverage.
Source. (See Revision Note at part heading for Lab
307) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019,
eff 11-1-07
Lab 307.02
Termination of Coverage.
Notice of termination refers to coverage, not insurance policy. The carrier shall file a notice of
termination with the department only when the intent is to cancel an employer’s
coverage.
(a) If
the carrier is merely canceling and rewriting a policy but coverage is not
being affected, no termination of coverage notice shall be filed with the
department.
(b)
If, however, a notice of termination is sent to the department and the
carrier determines that they will continue coverage with no lapse, the carrier
shall file a reinstatement notice (WC100R) notifying the department of the
continuation of coverage. Reinstatement of coverage is the
renewal of coverage by the same carrier without a lapse in coverage.
Source. (See Revision Note at part heading for Lab
307) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07
Lab 307.03
Filing.
(a)
Cessation of coverage shall be allowed for one of the following reasons:
(1) Change of carrier;
(2) Out of business;
(3) Business sold;
(4) No employees;
(5) Premium payment due;
(6) Request of carrier and/or agency; or
(7) Revocation of voluntary acceptance.
(b)
Carriers shall file with the department "Termination Notice",
form WC-100 to terminate coverage.
(c)
Carriers shall mail the "Termination Notice" to the department
by certified mail, return receipt requested.
Such receipt shall identify the business whose coverage is subject to
termination. Carriers filing multiple
termination notices at one time, shall include a list of the termination
notices enclosed which the department shall reconcile with the contents of the
envelope. A self-addressed, stamped envelope
shall be enclosed for return of the reconciled list.
(d)
Carriers shall serve a copy of the "Termination Notice", form
WC-100, to the employer.
(e) Upon the department's receipt of the
"Termination Notice" and in the absence of new or renewed coverage, the
department shall contact the employer in writing to confirm receipt of the
termination notice and reasons given by the carrier.
(f)
Failure to accurately and fully complete form WC-100, shall invalidate
the filing, and coverage shall remain in effect pending proper filing of the
notice.
(g) When filing the "Termination
Notice" with the department, carriers shall retain in their files the copy
labeled "Reinstatement" for possible use at a later date as discussed
in Lab 307.02 (b) and Lab 307.05.
(h) Notice of termination shall not be filed when
rewriting a policy or when substituting one carrier for another within the same
group or fleet of companies or when there is a change in agent.
Source. (See Revision Note at part heading for Lab
307) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019,
eff 11-1-07 (from Lab 307.02)
Lab 307.04 Effective Date of
Termination.
(a)
Termination of coverage shall take effect no earlier than 45 days after
the date the filing is received by the department except when coverage is
terminated due to nonpayment of premium or when elective coverage is being
revoked. In these two cases, termination
of coverage shall take effect no earlier than 30 days after the date the filing
is received by the department.
Source. (See Revision Note at part heading for Lab
307) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff
11-1-07 (from Lab 307.03)
Lab 307.05
Reinstatement. To
reinstate coverage prior to the effective date of termination, carriers shall
file with the department the reinstatement portion of form WC-100.
Source. #9019, eff 11-1-07 (from Lab 307.04)
PART Lab
308 INSTRUCTIONS FOR COMPLETING COVERAGE
FORMS
REVISION NOTE:
Document
#4854, effective 6-29-90, made extensive changes to the wording, format,
structure, and numbering of rules in Part Lab 308. Document #4854 supersedes all prior filings
for the sections in this part. The prior
filings for former Part Lab 308 include the following documents:
#2264, eff
1-6-83
#2935, eff
12-27-84
Lab 308.01
Instructions for Completing Form 6WC. The "Notice of Workers' Compensation
Insurance Coverage", form 6WC, shall be completed as follows:
(a)
The federal employer identification number shall be a 9 digit number as
defined by Lab 303.12 and discussed in Lab 304.01(e) and 304.03(b);
(b)
The number of employees shall be the maximum number of employees working
in the primary location, and if there are no employees, enter zero (0).
(c)
The primary business name shall be the doing business as (D/B/A) or
trade name;
(d) The
secondary name shall be the name of the individual or corporate entity that, as
representative of the business, is to be contacted by the department when there
is a need;
(e)
The mailing address shall include the street number, rural route or post
office box number; city; state; and zip code of the insured business;
(f)
The
(g)
Type of organization shall be coded as one of the 9 identified in the
form, as follows:
(1) Individual;
(2) Partnership;
(3) Corporation;
(4) Estate;
(5) Professional association;
(6) Government;
(7) Religious;
(8) Limited Liability Corporation; or
(9) Other.
(h)
The effective date of coverage shall be the date of the original policy
upon which the carrier became bound to the insured risk and the date shall be
entered as MM/DD/YYYY. All 4 digits of
the year shall be required.
(i)
The type of coverage shall be coded as one of the 3 identified in the
form, as follows:
(1) Voluntary;
(2) Assigned risk; or
(3) Self-insured.
(j) If
elective coverage is requested or coverage is to be excluded, form 6WC-S or 6WCex,
respectively, shall be completed.
(k)
The carrier telephone number and contact person shall be the name and
telephone number of the individual completing the form.
(l)
The carrier name shall be the name of the insurance company underwriting
coverage.
(m)
The carrier ID number shall be the 3 digit number assigned by the
department to the carrier underwriting coverage.
(n)
The carrier address shall be the mailing address to which the carrier
wants forms or correspondence to be directed by the department.
(o)
The agent name, address and phone number shall be the name, mailing
address and telephone number of the agent who produced the application for
coverage.
Source. (See Revision Note at part heading for Lab
308) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07
Lab 308.02
Instructions for Completing Form 6WC-S.
(a)
Section one of form 6WC-S shall always be completed to provide the
following items:
(1) The code identifying the type of action to be
accomplished by the filing such as, adding or deleting a location or adding or
deleting elective coverage or changing information about the primary location;
(2) The effective date of the action;
(3) The federal employer identification number,
as it was listed on the 6WC filing, of the establishment for which the change
of information applies and
(4) The business name as it was listed on the
original 6WC filing.
(b)
Section 2 of form 6WC-S shall be completed only to change information
about the primary location as follows:
(1) The employer identification number shall be
completed to provide the newly assigned or corrected federal employer
identification number;
(2) The number of employees shall be completed to
provide new or corrected information regarding the maximum number of employees in
the business' primary location;
(3) The primary name shall be completed to list
the new or changed primary name of the business;
(4) The secondary name item shall be completed to
list a new or changed contact person, as described in Lab 308.01(d), or the
last names of all partners when a change in partnership has occurred;
(5) The mailing address, city & state, and
zip code items shall be completed to provide the new or corrected address of
the primary location of the business;
(6) The
(7) The change type of organization item shall be
completed by entering the new or corrected code that best reflects the type of
business; and
(8) The change in agent shall be completed by
providing the corrected name and address of the most current agent.
(c)
Section 3 shall be completed only when changing information about
elective coverage.
(d)
Section 3 shall be completed as follows:
(1) The elective coverage item shall be completed
by entering the code which best reflects the change being made for example, to
add or delete;
(2) The name and date of birth shall be
completed for each individual being added to or deleted from coverage. Complete one form 6WC-S for additions and
another form 6WC-S for cancellations/deletions; and
(3) This form shall not be used for adding or
deleting members of a limited liability company or officers of a corporation, as
this is addressed in Lab 308.05.
(e)
All items in Section 4 shall be completed when adding or deleting a
location other than the primary location.
(f)
There shall be one form 6WC-S completed for additions and another form
6WC-S shall be completed for deletions as follows:
(1) The location item shall be completed by
entering the code which best reflects the change being made such as to add or
delete a location;
(2) The location name shall be completed to
provide the name of the branch location being added or deleted;
(3) The business address, city & state, zip
shall be completed to provide the physical location of the branch location
being added or deleted; and
(4) The number of employees shall be completed to
indicate the maximum number of employees working at the branch location being
added or deleted.
(g)
Section 5 shall always be completed to provide the following
information:
(1) Carrier phone number which shall be the
telephone number of the insurance company filing the form;
(2) Carrier name which shall be the name of the
insurance company filing the form; and
(3) Carrier ID number which shall be the 3 digit
number assigned by the department to the carrier underwriting coverage.
Source. (See Revision Note at part heading for Lab
308) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07
Lab 308.03
Instructions for Completing Form WC-100. Form WC-100, "Termination Notice",
shall be completed as follows:
(a) Employer identification number shall be a 9 digit
number as defined by Lab 303.12 and discussed in Lab 304.01(e) and 304.03(b);
(b) Employer, D/B/A, or trade name shall be the
primary name of the business;
(c) Employer mailing address shall be the street
number, rural route or post office box number of the business' primary
location;
(d) Employer city, state, zip shall be the city
name, the 2 letter state abbreviation and 5 to 9 digit zip code of the
business' primary location;
(e) Carrier number shall be the 3 digit number
assigned by the department as defined in Lab 304.04(e);
(f) Carrier name shall be the name of the carrier
filing the notice;
(g) Carrier address shall be the mailing address
of the carrier filing the notice; and
(h) Carrier city, state, zip shall be the city name,
the 2 letter state abbreviation and the 5 to 9 digit zip code of the carrier
filing the notice.
(i) Termination date shall be the last date on
which coverage is in effect subject to minimum notice requirements as follows:
(1) 45 days after the date the filing is received
by the department as evidenced by date stamp, for reasons numbered 1, 2, 3, 4,
and 6 as defined in Lab 307.03(a);
(2) 30 days after the date the filing is received
by the department, as evidenced by date stamp, for reasons numbered 5 and 7 as
defined in Lab 307.0 3(a);
(3) The department shall correct termination
dates which do not meet the minimum notice requirements and coverage shall stay
in force until the date determined by the department and in accordance with RSA
281-A:9 and
(4) In the event of dispute, the date assigned by
the department shall be the effective date of termination.
(j) The carrier shall select one of the following
reasons for termination:
(1) "Change of carrier" when there is a
substitution of one carrier for another at the option of an agent or his
insured;
(2) "Out of business" when there is a
definitive conclusion of the operation of a business, including the activities
required to close down;
(3) "Business sold” when there is a
substitution of one employer for another by reason of change in ownership;
(4) "No employees" when there is a
discharge of all employees;
(5) "Premium payment due" when there is
the absence of full payment of premium by the covered business for the current
policy period due to audit or other reason, or for a new policy period. The
term shall not apply to an employer no longer in business;
(6) "Request of carrier and/or agency"
when there is a termination which serves the purposes of a carrier or agency,
including non renewal of a policy; or
(7) Revocation of voluntary acceptance, on the
termination notice when elective coverage is being terminated and no further
coverage exists for any other employees.
Source. (See Revision Note at part heading for Lab
308) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07
Lab 308.04
Instructions for Completing Form WCP-1. Form WCP-1, "Notice of Compliance",
shall be completed as follows and posted conspicuously in the employer's place
of business:
(a)
Name of insurance company shall be completed by the carrier to provide
the name of the insurance carrier providing coverage for an employer or specify
if the business is self-insured;
(b)
Name of employer shall be completed to provide the name of the employer
covered by the insurance policy;
(c)
The form shall be signed by the employer in the designated space; and
(d)
The employer identification number shall be completed to provide the 9
digit number defined by Lab 303.12.
Source. (See Revision Note at part heading for Lab
308) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07
Lab 308.05
Instructions for Completing Form 6WCex.
(a) Section 1 of form 6WCex shall always be
completed to provide the following information:
(1) The date the form is completed;
(2) The date the exclusion is to be effective;
(3) The carrier number as provided by the
department;
(4) The carrier name and address;
(5) The agent name and phone number;
(6) The employer identification number; and
(7) The employer name and address.
(b) Section 2 of form 6WCex shall include the name
of all excluded officers or members by listing the following information:
(1) Date of birth;
(2) Name and address of executive officer or
member; and
(3) Specific, not generic, title of officer, or
member such as President, Vice President, Treasurer, Secretary.
(c) Section 3 of form 6WCex shall be completed
only when all previously excluded officers or members are no longer excluded.
Source. #5558, eff 1-18-93; ss by #6631, INTERIM, eff
11-16-97, EXPIRED: 3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07
PART
Lab 309 CIVIL PENALTIES FOR
NON-COMPLIANCE
Lab 309.01
Application.
(a)
The commissioner shall assess civil penalties against employers who fail
to secure compensation to employees pursuant to RSA 281-A:7, as follows:
(1) In determining the severity of the civil
penalty, the commissioner shall consider the prior history of compliance with
the statute and with the rules and orders of the department;
(2) Penalties shall be on a graduated basis of
$100, $250, $500, $1,000, and $2,500 based on documented non-compliance; and
(3) The employer shall be further assessed a
penalty of $100 per day per employee for each day of non-compliance.
(b)
The commissioner shall assess a civil penalty of $10.00 per day on
insurance carriers who fail to provide proper notice of coverage to the
department. This fine shall begin on the date of written notification by the
department to the carrier.
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
EXPIRED: 12-27-90
New. #5041, eff 1-9-91; ss by #5235, eff 9-27-91,
EXPIRED 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07
APPENDIX
|
Rule |
|
|
Lab 301.01 |
RSA 281-A:5 |
|
Lab 302.01 |
RSA 281-A:5 |
|
Lab 303.01 |
RSA 281-A:5 |
|
Lab 303.02 |
RSA 281-A:23; RSA
281-A:25; RSA 281-A:28 |
|
Lab 303.03 |
RSA 281-A:5 |
|
Lab 303.04 |
RSA 281-A:5 |
|
Lab 303.05 |
RSA 281-A:2, XII |
|
Lab 303.06 |
RSA 281-A:2, XII |
|
Lab 303.07 |
RSA 281-A:5 |
|
Lab 303.08 |
RSA 281-A:2, VI, RSA
281-A:3 |
|
Lab 303.09 |
RSA 281-A:7 |
|
Lab 303.10 |
RSA 281-A:2, VI, VII;
RSA 281-A:18-a |
|
Lab 303.11 |
RSA 281-A:2,VIII, IX;
RSA 281-A:5 III |
|
Lab 303.12 |
RSA 281-A:7 |
|
Lab 303.13 |
RSA 281-A:18-a |
|
Lab 303.14 |
RSA 281-A:4 |
|
Lab 303.15 |
RSA 281-A:7 |
|
Lab 303.16 |
RSA 281-A:1 |
|
Lab 303.17 |
RSA 281-A:9 |
|
Lab 304.01 |
RSA 281-A:2, VIII, IX,
RSA 281-A:4, RSA 281-A:5, I, II,
III |
|
Lab 304.02 |
RSA 281-A:7, RSA
281-A:9, RSA 281-A:18-a |
|
Lab 304.03 |
RSA 281-A:7, RSA 281-A:9,
RSA 281-A:18-a |
|
Lab 304.04 |
RSA 281-A:4, RSA
281-A:7, RSA 281-A:9, RSA 281-A:18-a |
|
Lab 305 |
RSA 281-A:7 |
|
Lab 306.01 |
RSA 541-A:7 ,I |
|
Lab 306.02 |
RSA 281-A:3, RSA
281-A:5,RSA 281-A:7 |
|
Lab 306.03 |
RSA 281-A:5 |
|
Lab 306.04 |
RSA 281-A:18-a, RSA
281-A:18 |
|
Lab 307.01 |
RSA 281-A:7 |
|
Lab 307.02 |
RSA 281-A:7 |
|
Lab 307.03 |
RSA 281-A:9, RSA
281-A:10 |
|
Lab 307.04 |
RSA 281-A:5, RSA
281-A:10 |
|
Lab 308 |
RSA 541-A:16, I (b) I,
RSA 281-A:7, RSA 281-A:9, RSA 281-A:18-a, RSA 281-A:4 |
|
Lab 309 |
RSA 281-A:7 |
|
Lab
309 |
RSA
281-A:7 |