CHAPTER
Lab 300 WORKERS' COMPENSATION INSURANCE
COVERAGE
Statutory
Authority: RSA 281-A:5, I and RSA
281-A:60
PART
Lab 301 PURPOSE
Lab 301.01 Purpose. This chapter sets forth the policies, procedures,
and forms for carrying out the provisions of RSA 281-A pertaining to workers'
compensation insurance.
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16
PART Lab 302 POLICY
Lab 302.01 Policy. It is the policy of this department to
require every employer who is subject to the statute to secure payment of
benefits in accordance with RSA 281-A:5. Accordingly, employers and the
insurance industry shall comply with the applicable provisions of RSA 281-A and
this chapter and in providing the department with the necessary information.
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07;
ss by #11065, eff 4-1-16
PART Lab 303 DEFINITIONS
Lab 303.01
"Agency" means an insurance establishment duly licensed to provide
workers' compensation coverage.
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07;
ss by #11065, eff 4-1-16
Lab 303.02 "Benefits" means compensation for
wage loss, medical care, and rehabilitation as provided by RSA 281-A.
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07;
ss by #11065, eff 4-1-16
Lab 303.03 "Binder" means an agreement, or
memorandum thereof, whereby an agency or carrier undertakes to provide coverage
to an employer pending filing of notice of coverage with the department.
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07;
ss by #11065, eff 4-1-16
Lab 303.04 "Carrier" means an insurance
company duly licensed to secure payment of benefits under RSA 281-A:5, I.
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16
(from Lab 303.05)
Lab 303.05 "Carrier identification number"
means a 3 digit number assigned to the carrier by the
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16
(from Lab 303.06)
Lab 303.06 "Coverage" means
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16
(from Lab 303.07)
Lab 303.07 "Election" means a voluntary
acceptance of the statute by an employer not otherwise subject to its
provisions, as authorized by RSA 281-A:2, VI and RSA 281-A:3.
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98 (formerly Lab 303.06); ss
by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16
(from Lab 303.08)
Lab 303.08 "Establishment" means the location or jobsite where the activities of a
business are conducted.
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98 (formerly Lab 303.07); ss
by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16
(from Lab 303.09)
Lab 303.09 "Employee" means any person who
works full or part-time for an employer and persons who regularly operate
businesses or practice trades who have elected to purchase workers'
compensation coverage for themselves.
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5558, eff 1-18-93 (formerly Lab 303.08),
EXPIRED: 1-18-99
New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16
(from Lab 303.10)
Lab 303.10 "Employer" means any private or
public entity that has one or more full or part time employees subject to the
compulsory workers' compensation coverage requirements of the statute or that
has any excluded individuals who have elected to purchase workers' compensation
coverage for themselves. The terms
"employer" and "carrier" are synonymous where an employer
is self-insured under RSA 281-A:5, III.
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98 (formerly Lab 303.09); ss
by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16
(from Lab 303.11)
Lab 303.11 “Employer identification number" means
the 9 digit federal identification number assigned to an employer by the
Internal Revenue Service. Forms to be
used for the purpose of applying for a federal identification number may be
obtained at any local office of the IRS, Post Office or from IRS,
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98 (formerly Lab 303.10); ss
by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16
(from Lab 303.12)
Lab 303.12 "Exclusion" pursuant to RSA 281-A:18-a,
means election not to purchase coverage by 3 or fewer executive officers of a
corporation or by 3 or fewer members of a limited liability company when
coverage would otherwise be compulsory.
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98 (formerly Lab 303.11); ss
by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16
(from Lab 303.13)
Lab 303.13 “National Council on Compensation Insurance”
or “NCCI” means the nonprofit service organization for insurance companies at
the mailing address of
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16
Lab 303.14 “Reinstatement" means the restoring or
renewal of coverage by the same carrier without a lapse in coverage as
confirmed by department records.
Source. #4854, eff 6-29-90; ss by #5235, eff 9-27-91,
EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98 (formerly Lab 303.12); ss
by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16
(from Lab 303.15)
Lab 303.15 “Statute" means the Workers'
Compensation Law, RSA 281-A, as amended.
Source. #4854, eff 6-29-90; ss by #5235, eff 9-27-91,
EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98 (formerly Lab 303.13); ss
by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16
(from Lab 303.l6)
Lab 303.16 “Termination" means the cessation of
coverage.
Source. #6806, eff 7-18-98 (formerly Lab 303.14); ss
by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16
(from Lab 303.17)
Lab 303.17 “Wrap up Policy” means a workers compensation
insurance policy written by a carrier to cover a short term project that covers
the general contractor and all subcontractors or the specific worksite. These
policies are also known as “an ‘Owner Controlled Insurance Policy’ (OCIP)”.
Source. #6806, eff 7-18-98 (formerly Lab 303.15); ss
by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16
PART Lab 304 COVERAGE RESPONSIBILITY
Lab 304.01 Employers.
(a) The primary responsibility for coverage shall
rest upon the employer. Such
responsibility shall be exercised by applying for coverage as required by RSA
281-A:5, I, or II or by furnishing proof of financial ability to pay
compensation and receiving permission from the labor commissioner to
self-insure pursuant to RSA 281-A:5, III as specified in Lab 400.
(b) The employer's responsibility to obtain
coverage shall begin before hiring any employee. An employer's responsibility to obtain
coverage shall also begin when a valid termination notice canceling existing
coverage is received from the carrier, and the employer shall answer the
department's inquiry about the reason(s) for termination of coverage as
discussed in Lab 307.03.
(c) When coverage is available only through the
assigned risk plan as discussed in Lab 305, the employer's application for
coverage shall constitute a valid application only when accompanied by the
required premium payment.
(d) The employer shall demonstrate compliance
with the coverage provisions of the statute by posting the “Notice of
Compliance” form WCP-1 (4/2014), contained in appendix II in a conspicuous
location available to all employees in accordance to RSA 281-A:4.
(e) Employers who have not already done so shall
apply immediately to the US Internal Revenue Service for an employer
identification number and supply the same to the agent, carrier as well as
department of labor on request.
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16
Lab 304.02 Agencies and Employers.
(a) Agents and employers shall share coverage
responsibility by making clear the status of coverage by providing accurate
information to carriers beginning upon receipt by the agent of a complete
application for coverage from the employer.
This shall include the information necessary to complete or change the
“Exclusion of Executive Officers or Members” form 6WCex (7/2015), contained in
appendix II if applicable, and also include the necessary information to
complete all other coverage forms.
(b) If the agent is not successful in obtaining
coverage for the employer through the voluntary market, the agent is further responsible
for advising the employer of the availability of coverage under the existing
assigned risk plan of the NCCI, for providing the proper application form, and
for advising the employer that the application is complete only when
accompanied by payment of the required premium.
(c) The agent's responsibilities delineated above
shall pertain solely to workers' compensation insurance.
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; amd by #5658, eff 6-28-93;
ss by #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16
Lab 304.03 Agencies and Carriers.
(a) Agents and carriers shall share in coverage
responsibility by processing the necessary paperwork and advising each other
and the employer of the status of an application for coverage beginning upon
the agent's receipt of a completed application for coverage, and extending
until the carrier accepts the risk voluntarily or the risk is assigned to a
carrier through the assigned risk plan.
Agencies shall provide to the carrier the necessary information for the
carrier to complete the “Exclusion of Executive Officers or Members” form 6WCex
(7/2015) contained in appendix II and send it to the department. Only those specific executive officers on
file with the department shall be excluded.
(b) Agencies and carriers shall advise any
employer applying for coverage to apply to the U S Internal Revenue Service for
a federal employer identification number if the employer has not already done
so. The absence of an identification number shall not relieve the agent or
carrier from the filing requirements delineated in Lab 306. As soon as the number is available, the
carrier shall report the assigned ID number to the department.
Source. #4854, eff 6-29-90; amd
by #5658, eff 6-28-93; ss by #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16
Lab 304.04 Carriers.
(a) Carriers shall provide access to all
prescribed coverage and claims forms. Supplies of these forms shall not be
provided by the department.
(b) Carriers shall furnish covered businesses
with a sufficient number of posters, Notice of Compliance form WCP-1, and
provide access to claims forms as required by Lab 500.
(c) The carrier shall electronically provide to
the NCCI all necessary information to:
(1) Bind coverage;
(2) Write new
policies;
(3) Make notice
of change of Federal Identification Number;
(4) Add or delete locations;
(5) Add
endorsements;
(6) Terminate
and reinstate coverage; or
(7) Any other
relevant changes.
(d) The carrier shall complete and file a paper
“Exclusion of Executive Officers or Members” form 6WCex (7/2015) contained in
appendix II, with the Department of Labor when applicable as prescribed by Lab
306 and Lab 307.
(e) The carrier shall forward by certified mail a
copy of the “Exclusion of Executive Officers or Members” form 6WCex (7/2015)
contained in appendix II to each of the executive officers or members listed on
the form.
(f) Carriers shall contact the department to be
assigned a carrier identification number prior to underwriting coverage in
(g) The carrier's responsibilities delineated
above shall pertain solely to workers' compensation insurance.
Source. #4854, eff 6-29-90; amd
by #5558, eff 1-18-93; ss by #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16
Lab 304.05 Self-Insurance, Homogenous Self-Insured
Groups and Third Party Administrators.
(a)
Self-insured employers, homogenous self-insured groups and third party
administrator shall provide access to all prescribed coverage and claims
forms. Supplies of these forms shall not
be provided by the department.
(b)
Self-insured employers, homogenous self-insured groups and third party
administrators shall furnish covered businesses with a sufficient number of
forms “Notice of Compliance” WCP-1(4-2014), contained in appendix II.
(c)
The self-insured employers, homogenous self-insured groups and third
party administrator shall complete and file “Notice of Workers Compensation
Insurance Coverage” form 6WC (4/2008), “Supplemental Notice of Coverage” form
6WC-S (3/2013), “Notice of Termination” form WC 100 (10/1991), “Notice of
Reinstatement” form WC-100R (9/2015) as well as an “Exclusion of Executive
Officers or Members” form 6WCex (7/2015), all contained in appendix II when
applicable as prescribed by Lab 306 and Lab 307.
(d)
The self-Insured employers, homogenous self-insured groups and third
party administrators shall forward by certified mail a copy of the “Exclusion
of Executive Officers or Members” form 6WCex (7/2015) contained in appendix II
to each of the executive officers or members listed on the form.
(e)
Self-insured employers, homogenous self-insured groups and third party administrator
shall contact the department to be assigned a carrier identification number
prior to underwriting coverage in
(f)
The self-insured employers, homogenous self-insured groups and third
party administrators responsibilities delineated above shall pertain solely to
workers’ compensation insurance.
Source. #11065, eff 4-1-16
PART Lab 305
ASSIGNED RISK COVERAGE THROUGH THE NATIONAL COUNCIL ON COMPENSATION INSURANCE
(NCCI)
Lab 305.01 Bureau Coverage. When coverage is provided by the assigned
risk plan NCCI shall provide the department with proof of coverage
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New.
#9019, eff 11-1-07; ss by #11065, eff 4-1-16
PART Lab 306 EVIDENCE OF COVERAGE
REVISION NOTE:
Document
#4854, effective 6-29-90, made extensive changes to the wording, format,
structure, and numbering of rules in Part Lab 306. Document #4854 supersedes all prior filings
for the sections in this part. The prior
filings for former Part Lab 306 include the following documents:
#2264, eff
1-6-83
#2935, eff
12-27-84
Lab 306.01 Filing Notice of Coverage.
(a) As explained in this part, to show any
changes in coverage, the appropriate party shall complete and file with the
department the appropriate “Notice of Workers Compensation Insurance Coverage”
form 6WC (4/2008).
(b) Each “Notice of Workers Compensation
Insurance Coverage” form 6WC (4/2008) contained in appendix II shall be
completed and filed either directly by a carrier, self-insured employer,
homogenous self-insured group, or third party administrator, or the form shall
be completed and filed on their behalf by that party providing sufficient
information to NCCI so that NCCI can complete and file the form with the
department to show any changes in coverage.
(c) “Notice of Workers Compensation Insurance
Coverage” form 6WC (4/2008) contained in appendix II shall be filed as soon as
possible after completion of arrangements to provide coverage, but no later
than 10 calendar days after the date binder is issued.
(d) Insufficient information provided to NCCI
shall render the filing invalid but shall not affect the insurance coverage of
the employer.
(e) Insufficient information provided to NCCI
shall constitute noncompliance and shall subject the carrier to the civil
penalty as prescribed by RSA 281-A: 7, I and Lab 309. The penalty shall be
applied for each day of noncompliance following the carrier’s notification by
the department and continuing until the properly completed form is filed with
the department.
(f) Notice of coverage shall be given in terms of
coverage, not individual contract policy.
Notice of coverage shall not be filed annually at the time of policy
renewal. Once notice of coverage has
been filed coverage shall remain in force until a valid termination notice has
been filed with the department or until a new notice of coverage is filed.
Source. (See Revision Note at part heading for Lab
306) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New.
#9019, eff 11-1-07; ss by #11065, eff 4-1-16
Lab 306.02 Filing Notice of Voluntary Coverage.
(a) The appropriate party, as explained in Lab
306.01 (b) shall complete and file a “Notice of Coverage” form 6WC (4/2008)
contained in appendix II in the
following circumstances:
(1) When insuring an employer's business having
no prior coverage in this state;
(2) When insuring a business previously insured
by a company outside the carrier's group or fleet of companies;
(3) When renewing a business' coverage with the
same carrier group or fleet following a lapse in the business' coverage
confirmed by the department's records;
(4) When requested by the department to show
proof of New Hampshire coverage for an injury that has occurred in New
Hampshire;
(5) When one group or fleet of carriers is
acquired by another group or fleet of carriers and coverage is transferred to
the acquiring company; and
(6) When the department is notified of coverage
but the NCCI records do not indicate
(b) The appropriate party, as explained in Lab
306.01(b), shall complete and file a “Notice of Workers Compensation Insurance
Coverage” form 6WC (4/2008) contained in appendix II as notice of coverage for
the employer’s primary location. If the employer has 2 or more establishments,
locations or job sites operating under different federal identification
numbers, a separate “Notice of Workers Compensation Insurance Coverage” form
6WC (4/2008) contained in appendix II shall be completed and filed for each.
Source. (See Revision Note at part heading for Lab
306) #4854,
eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16
Lab 306.03 Filing Notice of Elective Coverage.
(a) When an
employer purchases elective coverage alone as provided by RSA 281-A:3, or
simultaneously purchases elective coverage and voluntary coverage for the
business, the appropriate party, as explained in Lab 306.01(b), shall file
notice of elective coverage by completing and filing both “Notice of Workers
Compensation Insurance Coverage” form 6WC (4/2008) and “Election of Individuals
or Partners” form 6WC-EL (07/2015), contained in appendix II. Employer election
shall identify the person to be covered.
(b)
When elective coverage is added after the purchase of voluntary
coverage, or a person is added to existing elective coverage, the appropriate
party, as explained in Lab 306.01(b), shall complete and file the pertinent
section of “Election of Individuals or Partners” form 6WC- EL (7/2015)
contained in appendix II.
(c) Elective coverage shall continue until
canceled by filing “Notice of Workers Compensation Insurance Coverage” form 6WC
(4/2008) contained in appendix II or Lab 307 termination notices. Elective
coverage shall continue until properly terminated by filing a superseding
“Notice of Workers Compensation Insurance Coverage” form 6WC (4/2008) contained
in appendix II or a properly completed termination notice.
Source. (See Revision Note at part heading for Lab
306) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16
Lab 306.04 Filing Notice of Changes in Voluntary or
Elective Coverage.
(a) The appropriate party, as explained in Lab
306.01(b), shall complete and file notice of changes in coverage by completing
and filing the pertinent sections of “Supplemental Notice” form 6WC-S (3/2013),
contained in appendix II, when:
(1) Reporting a newly assigned federal employer
identification number if the original “Notice of Workers Compensation Insurance
Coverage” form 6WC (4/2008) contained in appendix II was filed under a Social
Security number;
(2) Adding to existing coverage an additional
establishment, location or job site operating under the same federal employer
identification number;
(3) Deleting such an establishment from coverage;
(4) Deleting only elective coverage when a prior filing
indicated both elective and voluntary coverage;
(5) Deleting a partner from existing elective
coverage;
(6) Changing
information regarding the primary location; or
(7) Correcting
the type of organization when reported incorrectly on the original “Notice of
Workers Compensation Insurance Coverage” form 6WC (4/2008) contained in
appendix II.
Source. #5558, eff 1-18-93; ss by #6631, INTERIM, eff
11-16-97, EXPIRED: 3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16
Lab 306.05 Filing for Exclusion of Executive Officers
or Members.
(a) A corporation or limited liability company
may elect to exclude 3 or fewer executive officers or members pursuant to RSA
281-A:18-a. This shall be done by the
appropriate party, as explained below, completing and filing the “Exclusion of
Executive Officers or Member” form 6WCex (7/2015) contained in appendix II.
(b) Only Carriers or NCCI on a carrier’s behalf
shall complete and file with the department an “Exclusion of Executive Officers
or Members” form 6WCex (7/2015) contained in appendix II. Any filing from
another entity shall not be valid.
(c) This form shall not be valid unless there is
a “Notice of Workers Compensation Insurance Coverage” form 6WC (4/2008)
contained in appendix II already on file at the department with the same named
employer.
(d) If the “Exclusion of Executive Officers or
Members” form 6WCex (7/2015) contained in appendix II is not on file at the
department, the executive officers or members shall not be excluded.
(e) The carrier shall forward a copy of the
“Exclusion of Executive Officers or Members” form 6WCex (7/2015) contained in
appendix II to each officer or member listed on the form by certified mail.
(f) If there is a change of carrier, a new
“Exclusion of Executive Officers or Members” 6WCex (7/2015) contained in appendix
II form shall be completed and filed by the new carrier.
(g) All officers or members to be excluded shall
be listed on each new filing of the “Exclusion of Executive Officers or
Members” form 6WCex (7/2015) contained in appendix II. Failure to complete the
form accurately and fully shall negate the entire form. Each time an “Exclusion
of Executive Officers or Members” form 6WCex (7/2015) contained in appendix II
is completed and filed, a copy shall be sent to the listed executive officers
or members by certified mail.
(h) When all of the excluded officers or members
elect to be covered, a new “Exclusion of Executive Officers or Members” form 6WCex
(7/2015) contained in appendix II shall be completed and filed.
(i) In the event of
an injury, the “Exclusion of Executive Officers or Members” form 6WCex (7/2015)
contained in appendix II that was on file with the department on the date of
injury shall be the determining document as to whether that employee is
excluded.
(j) Each filing of an “Exclusion of Executive
Officers or Members” form 6WCex (7/2015) contained in appendix II that was on
file of the department on the date of injury shall be the determining document
as to whether that employee is excluded.
(k) Those executive officers or members who elect
to be excluded under “Exclusion of Executive Officers or Members” form 6WCex
(7/2015) contained in appendix II shall not be considered uninsured employees
of a subcontractor under RSA 281-A:18.
Source. #11065, eff 4-1-16 (from Lab 306.04)
Lab 306.06 Wrap up or Owner Controlled Insurance
Policy (OCIP).
(a) A carrier may elect to provide coverage for
short term projects or worksites.
(b) The carrier writing such coverage shall
provide the required information to the department by completing and filing a
“Notice of OCIP Coverage” form 6WC-wup (7/2015), contained in appendix II as
soon as possible but no later than 10 days after the date the OCIP policy is
issued.
(c) Failure of a carrier to file an accurately
and fully completed “Notice of OCIP Coverage” form 6WC-wup (7/2015) contained
in appendix II shall constitute noncompliance and shall subject the carrier to
the civil penalty as prescribed by RSA 281-A:7 I (2) (b) and Lab 309. The penalty shall be applied for each day of
non-compliance following the carrier’s notification by the department and
continuing until the properly completed notice is filed with the department.
(d) A “Notice of OCIP Coverage” form 6WC-wup
(7/2015) contained in appendix II shall be completed and filed for following
circumstances, when:
(1) A wrap up or OCIP policy is issued for a
specific project;
(2) A general contractor is indicated for a
specific project; or
(3) A sub-contractor is indicated for a specific
project.
Source. #11065, eff 4-1-16
Lab 306.07 Wrap up or Owner Controlled Insurance
Policy (OCIP) Termination.
(a)
A carrier shall provide all the required information to the department by
completing and filing a “Notice of Termination for OCIP Coverage” form 6WC-wut
(7/2015), contained in appendix II as soon as possible but no later than 10
calendar days after the date the wrap up or OCIP policy was terminated.
(b)
Failure of a carrier to file an accurately and fully completed “Notice
of Termination for OCIP Coverage” form 6WC-wut (7/2015) contained in appendix
II shall result in continuation of such coverage until a properly completed
notice is filed with the department.
(c)
A notice of “Termination for OCIP Coverage” form 6WC-wut (7/2015)
contained in appendix II shall be filed by the carrier to the department for
each of the following circumstances:
(1) When a project is completed;
(2) When a general contractor is no longer working
on a project; or
(3) When a sub-contractor is no longer working on
a project.
Source. #11065, eff 4-1-16
PART Lab 307 TERMINATION AND REINSTATEMENT OF COVERAGE
REVISION NOTE:
Document
#4854, effective 6-29-90, made extensive changes to the wording, format,
structure, and numbering of rules in Part Lab 307. Document #4854 supersedes all prior filings
for the sections in this part. The prior
filings for former Part Lab 307 include the following documents:
#2264,
eff 1-6-83
#2935,
eff 12-27-84
Lab 307.01 Purpose. This section sets forth the requirements a
carrier shall follow when terminating and reinstating workers compensation
coverage.
Source. (See Revision Note at part heading for Lab
307) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New.
#9019, eff 11-1-07; ss by #11065, eff 4-1-16
Lab 307.02 Termination of Coverage.
(a) A carrier shall provide the department with
notice of termination when it seeks to terminate an employer’s coverage. A carrier shall not file such notice if it
cancels a particular insurance policy contract if coverage will continue under
a subsequent contract.
(b) Coverage may be terminated only for the
following reasons:
(1) The employer changes carriers;
(2) The employer goes out of business;
(3) The employer’s business is sold;
(4) The employer has no employees;
(5) A premium payment is past due;
(6) At the request of carrier or agency; or
(7) The revocation of a carrier’s voluntary
acceptance.
(c) The carrier shall electronically provide the
NCCI all necessary information to terminate coverage. The termination date
shall be the last date on which coverage is in effect, subject to the minimum
notice requirements of RSA 281-A:9.
(d) A Self-insured group terminating a member
employer shall complete and file with the department a “Termination Notice”
form WC-100 (10/1991), contained in appendix II to terminate coverage. The
termination date shall be the last date on which coverage is in effect, subject
to minimum notice requirements of RSA 281-A: 9. If the self-insured group
reinstates the member employer without a lapse after filing a form WC-100, then
the group shall notify the department by completing and filing “Reinstatement
Notice” form WC-100R (9/2015), contained in Appendix II.
(e) If the carrier or self-insured is merely
canceling and rewriting a policy but coverage is not being affected, no
termination of coverage notice shall be required.
(f) If, however, the carrier decides to continue
coverage with no lapse after sending a notice of termination pursuant to Lab
307.02(b) then the carrier shall file with the NCCI all necessary information
and the coverage will be considered reinstated. Reinstatement of coverage
shall be the renewal of coverage or continuation of coverage by the same
carrier without a lapse in coverage.
(g) Upon the department’s receipt of a
cancellation of coverage and in the absence of new or renewed coverage, the department
shall contact the employer in writing to confirm receipt of the termination
notice and reasons given by the carrier.
(h) Failure to accurately and fully complete
“Termination Notice” form WC-100 (10/1991) contained in appendix II shall
invalidate the filling, and coverage shall remain in effect pending proper
filing of the notice.
Source. (See Revision Note at part heading for Lab
307) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16
Lab 307.03 Effective
Date of Termination.
(a) Termination of coverage shall take effect no
earlier than 45 days after the date the filing is received by the department
except when coverage is terminated due to nonpayment of premium or when
elective coverage is being revoked. In
these 2 cases, termination of coverage shall take effect no earlier than 30
days after the date the filing is received by the department.
(b) The effective date of termination shall be
based upon receipt in the department regardless of termination date by NCCI.
Source. (See Revision Note at part heading for Lab
307) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New.
#9019, eff 11-1-07 (from Lab 307.04); ss by #11065, eff 4-1-16
Lab 307.04 Reinstatement. To reinstate coverage prior to the effective date
of termination, carriers shall file with the NCCI with all necessary
information, pursuant to Lab 307.02 (f). Self-insured groups and third party
administrators shall complete and file “Reinstatement Notice” form WC-100
(10/1991) contained in appendix II with the department, pursuant to Lab 307.02
(d).
Source. (See Revision Note at part heading for Lab
307) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New.
#9019, eff 11-1-07 (from Lab 307.04) ; ss by #11065, eff 4-1-16
PART Lab
308 INSTRUCTIONS FOR COMPLETING COVERAGE
FORMS - REPEALED
REVISION NOTE:
Document
#4854, effective 6-29-90, made extensive changes to the wording, format,
structure, and numbering of rules in Part Lab 308. Document #4854 supersedes all prior filings
for the sections in this part. The prior
filings for former Part Lab 308 include the following documents:
#2264,
eff 1-6-83
#2935,
eff 12-27-84
Lab 308.01 – Lab 308.04
Source. (See Revision Note at part heading for Lab
308) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07; rpld
by 11065, eff 4-1-16
Lab 308.05
Source. #5558, eff 1-18-93; ss by #6631, INTERIM, eff
11-16-97, EXPIRED: 3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07; rpld
by #11065, eff 4-1-16
PART
Lab 309 CIVIL PENALTIES FOR
NON-COMPLIANCE
Lab 309.01 Application.
(a) The commissioner shall assess civil penalties
against employers who fail to secure compensation to employees pursuant to RSA
281-A: 7, as specified in Lab 309.01 (d).
(b) The commissioner shall assess a civil penalty
against insurance carriers who fail to provide proper notice of coverage to the
department as specified in Lab 309.01 (d).
(c) The commissioner shall assess the amount of
civil penalties as specified in Lab 309.01 (d).
(d) In determining the dollar amount of a civil penalty
for any violation within these rules, the commissioner shall set the penalty to
advance the goal of preventing future misconduct by considering the following
factors:
(1) The severity of the violation;
(2) The frequency of the violation;
(3) Whether the violator is a repeat offender;
and
(4) Other similar factors that the commissioner
finds demonstrate that the violation warrants a higher civil penalty.
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84;
EXPIRED: 12-27-90
New. #5041, eff 1-9-91; ss by #5235, eff 9-27-91,
EXPIRED 9-27-97
New. #6631, INTERIM, eff 11-16-97, EXPIRED:
3-16-98
New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff
7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16
APPENDIX
|
Rule |
|
|
Lab 301.01 |
RSA 281-A:5 |
|
Lab 302.01 |
RSA 281-A:5 |
|
Lab 303.01 |
RSA 281-A:5 |
|
Lab 303.02 |
RSA 281-A:23;
RSA 281-A:25; RSA 281-A:28 |
|
Lab 303.03 |
RSA 281-A:5 |
|
Lab 303.04 |
RSA 281-A:5 |
|
Lab 303.05 |
RSA 281-A:2, XII |
|
Lab 303.06 |
RSA 281-A:2, XII |
|
Lab 303.07 |
RSA 281-A:5 |
|
Lab 303.08 |
RSA 281-A:2, VI,
RSA 281-A:3 |
|
Lab 303.09 |
RSA 281-A:7 |
|
Lab 303.10 |
RSA 281-A:2, VI,
VII; RSA 281-A:18-a |
|
Lab 303.11 |
RSA
281-A:2,VIII, IX; RSA 281-A:5 III |
|
Lab 303.12 |
RSA 281-A:7 |
|
Lab 303.13 |
RSA 281-A:18-a |
|
Lab 303.14 |
RSA 281-A:4 |
|
Lab 303.15 |
RSA 281-A:5 |
|
Lab 303.16 |
RSA 281-A:1 |
|
Lab 303.17 |
RSA 281-A:9 |
|
Lab 303.18 |
RSA 281-A:5 |
|
Lab 304.01 |
RSA 281-A:2,
VIII, IX, RSA 281-A:4, RSA 281-A:5, I,
II, III |
|
Lab 304.02 |
RSA 281-A:5,7,
RSA 281-A:9, RSA 281-A:18-a |
|
Lab 304.03 |
RSA 281-A:5,7,
RSA 281-A:9, RSA 281-A:18-a |
|
Lab 304.04 |
RSA 281-A:4, RSA
281-A:7, RSA 281-A:9, RSA 281-A:18-a |
|
Lab 304.05 |
RSA 281-A:5-c
RSA 281-A:5-d, RSA 281-A:18-a |
|
Lab 305 |
RSA 281-A:5 |
|
Lab 306.01 |
RSA 541-A:5 |
|
Lab 306.02 |
RSA 281-A:3, RSA
281-A:5,RSA 281-A:7 |
|
Lab 306.03 |
RSA 281-A:5 |
|
Lab 306.04 |
RSA 281-A:18-a,
RSA 281-A:18 |
|
Lab 306.05 |
RSA 281-A: 5 |
|
Lab 306.06 |
RSA 281-A:5 |
|
Lab 307.01 |
RSA 281-A:9,10 |
|
Lab 307.02 |
RSA 281-A:9 |
|
Lab 307.03 |
RSA 281-A:9, RSA
281-A:10 |
|
Lab 307.04 |
RSA 281-A:5, RSA
281-A:10 |
|
Lab 308 -
Reserved |
|
|
Lab 309 |
RSA 281-A:7 |