Senate Bill 1946

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    Florida Senate - 1998                                  SB 1946

    By Senator Williams





    4-54A-98

  1                      A bill to be entitled

  2         An act relating to workers' compensation

  3         insurance; creating s. 627.192, F.S.; requiring

  4         an employer that leases its workers to obtain

  5         workers' compensation insurance coverage for

  6         all of its employees, including leased

  7         employees; requiring that premiums be paid

  8         commensurate with exposure and anticipated

  9         claim experience; providing definitions;

10         providing for voluntary market coverage;

11         providing for residual market coverage;

12         prescribing reporting requirements for lessors;

13         providing for cancellation or nonrenewal of

14         policies; providing for the assignment of an

15         experience modification factor; providing

16         lessee's obligation to secure coverage;

17         providing for policy audits providing

18         eligibility; providing an effective date.

19

20  Be It Enacted by the Legislature of the State of Florida:

21

22         Section 1.  Section 627.192, Florida Statutes, is

23  created to read:

24         627.192  Workers compensation insurance; employee

25  leasing arrangements.--

26         (1)  PURPOSE.--The purpose of this section is to ensure

27  that an employer who leases some or all of its workers

28  properly obtains workers' compensation insurance coverage for

29  all of its employees, including those leased from another

30  entity, and that premium is paid commensurate with exposure

31  and anticipated claim experience.

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    Florida Senate - 1998                                  SB 1946
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  1         (2)  DEFINITIONS.--As used in the Florida Insurance

  2  Code, the term:

  3         (a)  "Employee leasing" has the same meaning ascribed

  4  in s. 468.520(4).

  5         (b)  "Leased employee" means a person performing

  6  services for a lessee under an employee leasing arrangement.

  7         (c)  "Lessee" means a person who obtains all or part of

  8  the person's workforce from another person through an employee

  9  leasing arrangement or who employs the services of a person

10  through an employee leasing arrangement.

11         (d)  "Lessor" means an employee leasing company

12  licensed under part XI of chapter 458 which grants a written

13  lease to a lessee through an employee leasing arrangement. The

14  "lessor" may also be referred to as an employee leasing

15  company.

16         (e)  "Multiple coordinated policies basis" means:

17         1.  Each lessee must have its own policy covering its

18  leased employees required to be covered pursuant to the laws

19  of this state.

20         2.  Nonleased employees of a lessee, required to be

21  covered pursuant to the laws of this state, must be provided

22  coverage pursuant to a separate policy issued by the same

23  insurer.

24         3.  All policies for lessees of the same employee

25  leasing company must be written by the same insurer to the

26  extent possible.

27         4.  The insurer shall arrange to have the same renewal

28  dates for all such policies.

29         5.  The insurer shall arrange to have all notices sent

30  to the employee leasing company and have a single master

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    Florida Senate - 1998                                  SB 1946
    4-54A-98




  1  invoice sent to the employee leasing company for all policies

  2  covering the lessees of that company.

  3         6.  If a lessee leases employees from more than one

  4  lessor, there must be a separate policy for the leased

  5  employees of each lessor.

  6         7.  Appropriate endorsements must be used to restrict

  7  the coverage to specific employees and to coordinate coverage

  8  between lessees and lessor.

  9         (f)  "Premium subject to dispute" means that the

10  insured has provided a written notice of dispute to the

11  insurer or service carrier, has initiated any applicable

12  proceeding for resolving such disputes as prescribed by law or

13  rating organization rule, or has initiated litigation

14  regarding the premium dispute. The insured must have detailed

15  the specific areas of dispute and provided an estimate of the

16  premium the insured believes to be correct. The insured must

17  have paid any undisputed portion of the bill.

18         (3)  STATUTORY RESPONSIBILITY.--A lessee shall fulfill

19  its statutory responsibility to secure benefits under the

20  Workers' Compensation Law as provided in s. 440.38. If the

21  lessee complies by purchasing and maintaining a workers'

22  compensation insurance policy, the exposure and experience of

23  the lessee must be used in determining the premium for policy.

24         (4)  VOLUNTARY MARKET COVERAGE.--Notwithstanding

25  subsection (3), a lessor that obtains coverage in the

26  voluntary workers' compensation market may, with the voluntary

27  market insurer's knowledge and consent, elect to secure the

28  coverage on leased employees through a standard workers'

29  compensation policy issued to the lessor. The insurer of the

30  lessor may take all reasonable steps to ascertain exposure

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    Florida Senate - 1998                                  SB 1946
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  1  under the policy and collect the appropriate premium by

  2  requiring:

  3         (a)  The lessor to provide a complete description of

  4  lessor's operations;

  5         (b)  Periodic reporting by the lessor of covered

  6  lessees' payroll, classification, experience rating

  7  modification factors, and jurisdictions with exposure. This

  8  reporting may be supplemented by a requirement for lessees' to

  9  submit to the carrier internal Revenue Service Form 941 or its

10  equivalent on a quarterly basis;

11         (c)  Audit of lessor's operations; and

12         (d)  Any other reasonable measures to determine the

13  appropriate premium.

14         (5)  RESIDUAL MARKET COVERAGE.--A lessor who obtains

15  coverage through the residual market, established pursuant to

16  s. 627.311(4), for leased employees, must secure coverage on a

17  multiple coordinated policies basis. To qualify for coverage

18  on a multiple coordinated policies basis, the lessor's

19  officers or directors, or any person with a 5 percent or

20  greater interest may not owe any premium to the current or

21  prior insurers, except premium subject to dispute; all

22  information required by this section must be provided; and the

23  employee leasing company must be licensed with the Department

24  of Business and Professional Regulation. A lessor who applies

25  for coverage through the residual market must furnish the

26  following information with the application for coverage:

27         (a)  A list by jurisdiction of each name that the

28  employee leasing company has operated under in the preceding 5

29  years, including any alternative names and names of

30  predecessors and successor business entities along with the

31  policy number and carrier for each workers' compensation

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  1  insurance policy issued to the employee leasing company under

  2  each and every such name in the preceding 5 years and a copy

  3  of the most recent Form 941 or its equivalent filed with the

  4  United States Internal Revenue Service by the employee leasing

  5  company;

  6         (b)  A list of each person who owns a 5 percent or

  7  greater interest in the employee leasing business at the time

  8  of application and a list of each person who formerly owned a

  9  5 percent or greater interest in the employee leasing company

10  or its predecessors, successors, or alter egos in the

11  preceding 5 years.

12         (c)  For each person identified in paragraph (b), a

13  list of all other employee leasing companies in which each

14  such person owns or owned a 5 percent or greater interest and

15  a list of all other businesses in which each such person or

16  combination of two or more such persons owns or owned 50

17  percent or greater interest at the time application is made

18  and in the preceding 12 months;

19         (d)  A list by jurisdiction for each lessee, along with

20  any other name such lessee has operated under in the preceding

21  5 years and the Internal Revenue Service Form 941 or its

22  equivalent most recently filed with the service with respect

23  to each lessee and a copy of the most recent form 941 or its

24  equivalent filed with the United States Internal Revenue

25  Service by each lessee;

26         (e)  A sworn written statement signed by the owner,

27  partner, or officer authorized to bind the lessee legally,

28  that states the policy number and carrier for each workers'

29  compensation insurance policy issued to the lessee under each

30  name in the preceding 5 years.

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  1         (f)  For each lessee at the time of application or

  2  renewal, a listing of all leased employees along with their

  3  social security numbers, classification codes, and wages; and

  4         (g)  A sworn written statement signed by the owner,

  5  partner, or officer authorized to bind the lessee legally

  6  which states that all of the lessee's nonleased employees are

  7  covered by a workers' compensation insurance policy. In

  8  addition, the sworn written statement must provide the policy

  9  number, carrier, a listing of the number of nonleased

10  employees, and the aggregate payroll applicable to each

11  classification code.

12         (6)  REPORTING REQUIREMENTS FOR LESSORS.--A lessor that

13  applies for coverage or is covered through either the

14  voluntary market or the residual market mechanism shall also

15  maintain and furnish to the insurer or to the principal rating

16  organization through the residual market servicing carrier,

17  sufficient information to permit the calculation of an

18  experience modification factor for each lessee. Such

19  information must include:

20         (a)  The lessee's corporate name;

21         (b)  The lessee's taxpayer or employer identification

22  number.

23         (c)  The lessee's risk identification number.

24         (d)  A listing of all leased employees associated with

25  each lessee, the applicable classification code and payroll;

26  and

27         (e)  Claims information grouped by lessee and any other

28  information necessary to permit the calculation of an

29  experience modification factor for each lessee.

30         (7)  CANCELLATION OR NONRENEWAL OF POLICIES.--In

31  addition to any other statutory penalties, any violation of

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    Florida Senate - 1998                                  SB 1946
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  1  the section is grounds for cancellation or nonrenewal provided

  2  that the employee leasing company has been provided a

  3  reasonable opportunity to cure the violation. If an employee

  4  leasing company has received notice that its workers'

  5  compensation insurance policy will be canceled or nonrenewed,

  6  the leasing company shall notify by certified mail, within 15

  7  days of the receipt of the notice, all of the lessees for

  8  which there is an employee leasing arrangement covered under

  9  the to-be-canceled policy.

10         (8)  EXPERIENCE MODIFICATION FACTOR.--If the employee

11  leasing arrangement with a lessee is terminated, the lessee

12  must be assigned an experience modification factor that

13  reflects its experience during the experience period specified

14  by the approved experience rating plan, including, if

15  applicable, experience incurred for leased employees under the

16  employee leasing arrangements. The employee leasing company

17  shall notify the insurer or the service carrier 30 days prior

18  to the effective date of termination, or immediately upon

19  notification of cancellation by the lessee, of an employee

20  leasing arrangement with a lessee in order to allow sufficient

21  time to calculate an experience modification factor for the

22  lessee.

23         (9)  LESSEE'S OBLIGATION.--This section does not have

24  any effect on the statutory obligation, if any, of a lessee to

25  secure workers' compensation coverage for employees not

26  provided, supplied, or maintained by a lessor under an

27  employee leasing arrangement.

28         (10)  ELIGIBILITY.--A lessee is not eligible for

29  coverage under a workers' compensation insurance policy issued

30  to a lessor in the voluntary market if the lessee owes its

31  current or a prior insurer any premium for workers'

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    Florida Senate - 1998                                  SB 1946
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  1  compensation insurance, except premium subject to dispute. A

  2  lessee is not eligible for coverage pursuant to a workers'

  3  compensation policy under a multiple coordinated policy basis

  4  on the residual market if the lessee owes its current or a

  5  prior insurer any premium for workers' compensation insurance,

  6  except premium subject to dispute.

  7         (11)  POLICY AUDITS.--Insurers shall audit policies

  8  issued to employee leasing companies within 90 days of the

  9  policy effective date and may conduct quarterly audits

10  thereafter. The purpose of the audit is to determine whether

11  all classifications, experience modification factors, and

12  estimated payroll utilized with respect to the development of

13  the premium charged to the lessor are appropriate. Audits must

14  include, at a minimum, on-site audits conducted at the

15  principal location of each lessee.

16         Section 2.  This act shall take effect October 1, 1998.

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18            *****************************************

19                          SENATE SUMMARY

20    Requires an employer who leases its workers to obtain
      workers' compensation insurance coverage for all of its
21    employees including leased employees. Requires that
      premiums be paid commensurate with exposure and
22    anticipated claim experience. Provides definitions.
      Provides for voluntary and residual market coverage.
23    Prescribes reporting requirements for lessors. Provides
      for cancellation or nonrenewal of policies. (See bill for
24    details.)

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