Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 1866 Ì647458QÎ647458 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/20/2018 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Banking and Insurance (Broxson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (6) is added to section 627.072, 6 Florida Statutes, to read: 7 627.072 Making and use of rates; qualified shared 8 underwriting result participation programs.— 9 (6)(a) As used in this subsection, the term: 10 1. “Base workers’ compensation insurance policy” means a 11 workers’ compensation insurance policy that is subject to this 12 part. 13 2. “Qualified insured” means an insured that has its 14 principal place of business in this state and has an estimated 15 annual countrywide workers’ compensation standard premium of at 16 least $500,000. 17 3. “Qualified insurer” means an insurance company that: 18 a. Is authorized to transact insurance in this state; 19 b. Had a combined ratio of less than 100 percent on January 20 1 of each of the 2 preceding years for its nationwide book of 21 workers’ compensation insurance business; 22 c. Has a surplus in excess of $500 million on January 1 of 23 the year in which the base workers’ compensation insurance 24 policy is issued; and 25 d. Has a rating of A+ from A.M. Best Company or an AA 26 rating from Fitch Ratings. 27 4. “Qualified reinsurer” means a reinsurer that: 28 a. Is an affiliate of, is controlled by, or is under common 29 control of a qualified insurer; and 30 b. Is a reinsurer where credit for its reinsurance is 31 allowed under s. 624.610(3). 32 5. “Qualified shared underwriting result participation 33 program” means an offering that: 34 a. Is issued to the same insured in connection with a base 35 workers’ compensation insurance policy; 36 b. Is effected through a separate agreement with a 37 qualified reinsurer; 38 c. Provides that the insured may participate in the 39 underwriting profit or risk that is associated with the base 40 workers’ compensation insurance policy issued to that insured 41 and that is maintained in a segregated cell account; 42 d. Contains a minimum and maximum loss participation limit; 43 e. Discloses the duration of the program; 44 f. Discloses penalties, if any, for the early termination 45 of the program; 46 g. Provides an estimated schedule of payments; 47 h. Discloses the methodology for calculating charges, 48 deposits, or other payments due, including the frequency of 49 adjustments; and 50 i. Discloses how any disputes between the parties will be 51 resolved. 52 (b) An application or proposal for a qualified shared 53 underwriting result participation program with a term longer 54 than 1 year must clearly disclose the term duration in at least 55 14-point type. 56 (c) If a qualified insurer in this state issues a base 57 workers’ compensation insurance policy on an approved form and 58 with approved rates to a qualified insured, a qualified shared 59 underwriting result participation program form must be filed 60 with the office for informational purposes only. The qualified 61 shared underwriting result participation program form does not 62 require approval under s. 627.410. 63 (d) A qualified shared underwriting result participation 64 program may be issued to a qualified insured in connection with 65 a base workers’ compensation policy issued by a qualified 66 insurer. 67 (e) Charges, deposits, or other payments agreed to by a 68 qualified insured and a qualified reinsurer pursuant to a 69 qualified shared underwriting result participation program are 70 not subject to this part. 71 (f) A qualified insurer must comply with ss. 440.41 and 72 440.42 in connection with a base workers’ compensation insurance 73 policy. 74 Section 2. This act shall take effect July 1, 2018. 75 76 ================= T I T L E A M E N D M E N T ================ 77 And the title is amended as follows: 78 Delete everything before the enacting clause 79 and insert: 80 A bill to be entitled 81 An act relating to workers’ compensation shared 82 underwriting result participation programs; amending 83 s. 627.072, F.S.; defining terms; specifying 84 disclosure requirements for applications or proposals 85 for certain qualified shared underwriting result 86 participation programs; requiring, under certain 87 circumstances, a qualified shared underwriting result 88 participation program form to be filed with the Office 89 of Insurance Regulation, for informational purposes 90 only, and providing that such form is not subject to 91 certain approval; providing that a qualified shared 92 underwriting result participation program may be 93 issued to a qualified insured in connection with a 94 base workers’ compensation policy issued by a 95 qualified insurer; providing that the Rating Law does 96 not apply to certain charges, deposits, or other 97 payments in a qualified shared underwriting result 98 participation program; requiring qualified insurers to 99 comply with specified provisions of the Workers’ 100 Compensation Law; providing an effective date.