House Bill 4267

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    Florida House of Representatives - 1998                HB 4267

        By Representative Wiles






  1                      A bill to be entitled

  2         An act relating to employee leasing; creating

  3         s. 627.192, F.S.; providing purposes; providing

  4         definitions; requiring lessees of an employee

  5         leasing company to secure workers; compensation

  6         benefits; providing requirements for obtaining

  7         workers' compensation insurance in the

  8         voluntary market or in the residual market;

  9         providing reporting requirements for employee

10         leasing companies; providing for cancellation

11         or nonrenewal of workers' compensation

12         insurance policies under certain circumstances;

13         providing requirements for experience

14         modification factors for terminated lessees;

15         providing for ineligibility of workers'

16         compensation insurance coverage under certain

17         circumstances; providing audit requirements;

18         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)  The purpose of this section is to ensure that an

27  employer who leases some or all of the employer's employees

28  properly obtains workers' compensation insurance coverage for

29  such employees, including those leased from another entity,

30  and that premium is paid commensurate with exposure and

31  anticipated claim experience.

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    Florida House of Representatives - 1998                HB 4267

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  1         (2)  For purposes of this section:

  2         (a)  "Employee leasing" shall have the same meaning as

  3  provided in s. 468.520.

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

  5  services for a lessee under an employee leasing arrangement.

  6         (c)  "Lessee" means an entity which obtains all or part

  7  of its workforce from another entity through an employee

  8  leasing arrangement or which employs the services of an entity

  9  through an employee leasing arrangement.

10         (d)  "Lessor" means an employee leasing company,

11  licensed pursuant to part XI of chapter 458, that grants a

12  written lease to a lessee through an employee leasing

13  arrangement.

14         (e)  "Multiple coordinated policies basis" means a

15  methodology under which:

16         1.  Each lessee has its own policy covering its leased

17  employees who are required to be covered pursuant to the laws

18  of this state.

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

20  covered pursuant to the laws of this state, are provided

21  coverage pursuant to a separate policy issued by the same

22  insurer.

23         3.  All policies for lessees of the same lessor are

24  written by the same insurer to the extent possible.

25         4.  The insurer arranges to have the same renewal dates

26  for all such policies.

27         5.  The insurer arranges to have all notices sent to

28  the lessor and have a single master invoice sent to the lessor

29  for all policies covering the lessees of that lessor.

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

  2  lessor, there is a separate policy for the leased employees of

  3  each lessor.

  4         7.  Appropriate endorsements are used to restrict the

  5  coverage to specific employees and to coordinate coverage

  6  between lessees and the lessor.

  7         (f)  "Premium subject to dispute" means any disputed

  8  portion of workers' compensation insurance premium with

  9  respect to which an insured has provided a written notice of

10  dispute to the insurer or service carrier, has initiated any

11  applicable proceeding for resolving as prescribed by law or

12  rating organization rule, or has initiated litigation. The

13  insured must have provided a detailed explanation of the

14  specific areas of dispute and provided an estimate of the

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

16  have paid any undisputed portion of the premium.

17         (3)  A lessee shall secure workers' compensation

18  benefits under s. 440.38. If the lessee complies by purchasing

19  and maintaining a workers' compensation insurance policy, the

20  exposure and experience of the lessee shall be used in

21  determining the premium for policy.

22         (4)  Notwithstanding subsection (3), a lessor who

23  obtains coverage in the voluntary workers' compensation market

24  may, with the voluntary market insurer's knowledge and

25  consent, elect to secure the coverage on leased employees

26  through a standard workers' compensation policy issued to the

27  lessor. The lessor's insurer may take all reasonable steps to

28  ascertain exposure under the policy and collect the

29  appropriate premium by:

30         (a)  Requiring the lessor to provide a complete

31  description of lessor's operations.

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  1         (b)  Requiring periodic reporting by the lessor of the

  2  covered lessees' payroll, classifications, experience rating

  3  modification factors, and jurisdictions with exposure. Such

  4  reporting may be supplemented by a requirement for lessees to

  5  submit to the carrier Internal Revenue Service Form 941 or its

  6  equivalent on a quarterly basis.

  7         (c)  Auditing the lessor's operations.

  8         (d)  Undertaking any other reasonable measures to

  9  determine the appropriate premium.

10         (5)  A lessor who obtains coverage for leased employees

11  through the residual market, established pursuant to s.

12  627.311(4), shall secure coverage on a multiple coordinated

13  policies basis. To qualify for coverage on a multiple

14  coordinated policies basis, the lessor's officers or

15  directors, or any person with a 5 percent or greater interest

16  in the lessor, may not owe any premium to the lessor's current

17  insurer or any prior insurers of the lessor except premium

18  subject to dispute. All information required by this section

19  shall be provided and the lessor must be licensed with the

20  Department of Business and Professional Regulation. A lessor

21  who applies for coverage through the residual market shall

22  provide, with the application for coverage:

23         (a)  A list by jurisdiction of each name the lessor has

24  operated under in the preceding 5 years, including any

25  alternative names and names of predecessor and successor

26  business entities, together with the policy number and carrier

27  for each workers' compensation insurance policy issued to the

28  lessor under each such name in the preceding 5 years and a

29  copy of the most recent Internal Revenue Service Form 941 or

30  its equivalent filed with the United States Internal Revenue

31  Service by the lessor.

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  1         (b) A list of each person or entity who owns a 5

  2  percent or greater interest in the lessor at the time of

  3  application and a list of each person or entity who formerly

  4  owned a 5 percent or greater interest in the lessor or any

  5  predecessor, successor, or other form or identity of the

  6  lessor in the preceding 5 years.

  7         (c)  For each person or entity identified in the

  8  paragraph (b), a list of all other lessors in which each such

  9  person or entity owns or owned a 5 percent or greater interest

10  and a list of all other businesses in which each such person

11  or entity or combination of two or more such persons or

12  entities owns or owned a 50 percent or greater interest at the

13  time application is made and in the 12 months preceding the

14  application.

15         (d)  A list by jurisdiction for each lessee, together

16  with any other names such lessee has operated under in the

17  preceding 5 years and the Internal Revenue Service Form 941 or

18  its equivalent most recently filed with the United States

19  Internal Revenue Service with respect to each lessee and a

20  copy of the most recent Internal Revenue Service Form 941 or

21  its equivalent filed with the United States Internal Revenue

22  Service by each lessee.

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

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

25  stating the policy number and carrier for each workers'

26  compensation insurance policy issued to the lessee under each

27  name in the 5 years preceding the application.

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

29  renewal, a listing of all leased employees together with their

30  social security numbers, classification codes, and wages.

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    Florida House of Representatives - 1998                HB 4267

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

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

  3  stating that all of the lessee's nonleased employees are

  4  covered by a workers' compensation insurance policy.

  5  Additionally, the statement must provide the policy number,

  6  the identity of the carrier, a listing of the number of

  7  nonleased employees, and the aggregate payroll applicable to

  8  each classification code.

  9         (6)  A lessor who applies for coverage or is covered

10  through the voluntary market or the residual market shall also

11  maintain and provide to the insurer, or to the principal

12  rating organization through the residual market servicing

13  carrier, sufficient information to permit the calculation of

14  an experience modification factor for each lessee. Such

15  information shall include:

16         (a)  The lessee's corporate name.

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

18  number.

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

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

21  each lessee, the applicable classification code, and the

22  payroll.

23         (e)  Claims information groups by lessee, and any other

24  information necessary to permit the calculation of an

25  experience modification factor for each lessee.

26         (7)  In addition to any other provision of law, any

27  violation of this section is grounds for cancellation or

28  nonrenewal, provided the employee leasing company has been

29  provided a reasonable opportunity to cure the violation. If a

30  lessor has received notice that its workers' compensation

31  insurance policy will be canceled or nonrenewed, the lessor

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    Florida House of Representatives - 1998                HB 4267

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  1  shall notify, by certified mail within 15 days after receiving

  2  the notice, all lessees for which there is an employee leasing

  3  arrangement covered under such policy.

  4         (8)  If the employee leasing arrangement with a lessee

  5  is terminated, the lessee shall be assigned an experience

  6  modification factor which reflects its experience during the

  7  experience period specified by the approved experience rating

  8  plan, including, if applicable, experience incurred for leased

  9  employees under any employee leasing arrangements. The lessor

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

11  to the effective date of termination, or immediately upon

12  notification of cancellation by the lessee, of an employee

13  leasing arrangement with a lessee in order to allow sufficient

14  time to calculate an experience modification factor for the

15  lessee.

16         (9)  This section shall not affect any requirement by

17  law of a lessee to secure workers' compensation coverage for

18  employees not provided, supplied, or maintained by a lessor

19  pursuant to an employee leasing arrangement.

20         (10)  A lessee shall not be eligible for coverage

21  pursuant to a workers' compensation insurance policy issued to

22  a lessor in the voluntary market if the lessee owes its

23  current insurer or a prior insurer any premium for workers'

24  compensation insurance, except premium subject to dispute. A

25  lessee shall not be eligible for coverage pursuant to a

26  workers' compensation policy under a multiple coordinated

27  policy basis in the residual market if the lessee owes its

28  current insurer or a prior insurer any premium for workers'

29  compensation insurance, except premium subject to dispute.

30         (11)  Each insurer shall audit any policy issued to a

31  lessor within 90 days after the effective date of the policy

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    Florida House of Representatives - 1998                HB 4267

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  1  and may conduct quarterly audits thereafter. The purpose of

  2  the audits shall be to determine the appropriateness of all

  3  classifications, experience modification factors, and

  4  estimated payroll used with respect to the development of the

  5  premium charged to the lessor. Audits shall include, at a

  6  minimum, onsite audits conducted at the principle location of

  7  each lessee.

  8         Section 2.  This act shall take effect October 1 of the

  9  year in which enacted.

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11            *****************************************

12                          HOUSE SUMMARY

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      Provides requirements to ensure that employers who lease
14    employees properly obtains workers' compensation
      insurance coverage for such employees and that workers'
15    compensation insurance premium is paid commensurate with
      exposure and anticipated claim experience. See bill for
16    details.

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