Ga. Comp. R. & Regs. R. 120-2-38-.06 - Administration of Plan
(1) The Administrator of the Plan shall be
appointed by the Commissioner of Insurance of the State of Georgia and shall be
removable at the discretion of the Commissioner.
(2) The Administrator shall file, in such
form as is acceptable to the Commissioner, operating rules, procedures and
guidelines for the operation of the Plan. The Commissioner shall approve such
reasonable operating rules, procedures and guidelines as are necessary or
advisable to effectuate the provisions of this Regulation.
(3) The operating rules, procedures or
guidelines for the operation of the Plan may include a provision for one or
more Carriers to assume the duties of issuing and servicing workers'
compensation insurance policies written in accordance with this Plan. Such
provision, however, shall not relieve any Carrier of its obligations under this
Plan nor affect any allotment of assignments made hereunder.
(4) The Administrator shall file with the
Commissioner for prior approval all administrative fees it intends to collect
for administering and servicing Plan business. This shall be submitted by
October 1st for the upcoming year. For purposes of this subsection,
administrative fees are defined as any revenue collected by the Administrator
involving Plan business including, but not limited to, company assessments,
service fees, interest, inspection reports fees, experience rating worksheets
fees, survey fees, agency based fees, computer service fees, and amounts
collected from the sale of reports, filings or publications using Georgia
Workers' Compensation Assigned Risk data.
On or before April 1 of each year, the Administrator shall submit a report to the Commissioner for the prior calendar year detailing all administrative fees actually collected.
(5) The Administrator shall establish
eligibility criteria and written performance standards for Assigned Carriers,
subject to the Commissioner's approval. The Commissioner may designate the
Administrator to conduct a Servicing Carrier bid process or other method of
selecting Servicing Carriers and establishing the Servicing Carrier allowance
at his discretion. Any contract issued between the Administrator and the
Servicing Carrier shall not contain any language that could circumvent or limit
the Commissioner's authority in terminating Servicing Carriers for
cause.
(6) Any Carrier interested
in becoming a Direct Assignment Carrier shall submit an application annually to
the Commissioner for approval. The Commissioner may establish eligibility
criteria for Carriers applying to qualify for Direct Assignment status. Direct
Assignment Carrier will be required to adhere to the same performance standards
and rules established by the Plan. Any Direct Assignment Carrier not complying
with Plan performance standards or rules may be terminated by the Commissioner
with thirty (30) days notice. The Administrator, at least every three years, or
more often if warranted, shall perform a performance audit to ensure compliance
with the above conditions.
(7) The
Administrator shall submit to the Commissioner on a quarterly basis or annual
basis depending on the nature of the report, true and correct copies of any
performance audits conducted by or on behalf of the Administrator on Assigned
Carriers.
(8) The Administrator
shall file, on a quarterly basis, a list of all assignments made. Such list
shall include the Carrier's name and indicate whether servicing or direct, the
name and address of the assigned Risk, original effective date of coverage,
expiration date, experience modification factor, governing class, state premium
and the Risk identification number.
(9) Any and all information collected by the
Administrator, including but not limited to policyholder information, workers'
compensation insurance data, statistical data, and information resulting from
the use of such data, in manual and automated form, shall be provided to the
Commissioner upon request in a format prescribed by the Commissioner and shall
be and remain the property of the State of Georgia.
Notes
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