33-16-1026. Rate filings. (1) A workers' compensation advisory organization shall file with the commissioner:
     (a) workers' compensation rates and rating plans that are limited to prospective loss costs;
     (b) each workers' compensation policy form to be used by its members or subscribers;
     (c) the uniform classification plan and rules of the advisory organization;
     (d) the uniform experience rating plan and rules of the advisory organization; and
     (e) any other information that the commissioner requests and is entitled to receive under this part.
     (2) Each insurer shall file with the commissioner all rates, supplementary rate information, and any changes and amendments made by it for use in this state as required by the commissioner under 33-16-1027(2).
     (3) An insurer may establish rates and supplementary rate information based upon the factors in 33-16-1021. An insurer may adopt by reference, with or without deviation, the prospective loss costs filed by the advisory organization designated under 33-16-1023 or the rates and supplementary rate information filed by another insurer.
     (4) An insurer may not make or issue a contract or policy of insurance under this part, except in accordance with the filings that are in effect for the insurer as provided in this part.
     (5) In addition to other prohibitions in this part, an advisory organization may not file rates, supplementary rate information, or supporting information on behalf of an insurer.
     (6) If each rate in a schedule of workers' compensation rates for specific classifications of risks filed by an insurer is not lower than the prospective loss costs contained in the schedule of workers' compensation rates for those classifications filed by the designated advisory organization under subsection (1), the schedule of rates filed by the insurer is not subject to 33-16-1027(1) but becomes effective upon filing.

     History: En. Sec. 8, Ch. 186, L. 1995; amd. Sec. 146, Ch. 42, L. 1997.