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2015 SESSION

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HB 1372 Motor vehicle accidents; not-at-fault accidents.

Introduced by: Michael J. Webert | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED HOUSE: (all summaries)

Workers' compensation insurance; use of experience modification factor in contracting; not-at-fault motor vehicle accidents. States that any contract or offer to contract entered into or issued on or after July 1, 2016, that requires the contractor or bidder to have an experience modification factor equal to or less than any specified value shall be construed as requiring the contractor or person responding to the offer to have a secondary experience modification factor equal to or less than the specified value. Similarly, a term of an offer to contract issued on or after July 1, 2016, that requires that the successful bidder have an experience modification factor equal to or less than any specified value shall be satisfied by any bidder that has a secondary experience modification factor equal to or less than the specified value. Every uniform experience rating plan shall provide for a calculation of a secondary experience modification factor. The methodology for calculating a secondary experience modification factor for an employer shall be the same methodology used in assigning an experience modification factor except that it shall exclude loss experience arising from a motor vehicle accident for which the employee was not wholly or partially at fault. If liability for the accident has not yet been finally determined, the rate service organization shall not use information about the accident in its calculation of an employer's secondary experience modification factor until a final determination of liability has been made.


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