The commissioner shall adopt rules to implement provisions of this chapter.
(a) The commissioner in issuing rules shall consider:
(1) data reporting requirements, including types of data reported, such as loss and expense data;
(2) experience rating plans;
(3) retrospective rating plans;
(4) general expenses and related expense provisions;
(5) minimum premiums;
(6) classification systems and assignment of risks to classifications;
(7) loss development and trend factors;
(8) the Workers' Compensation Reinsurance Association;
(9) requiring substantial compliance with the rules mandated by this section as a condition of workers' compensation carrier licensure;
(10) imposing limitations on the functions of workers' compensation data service organizations consistent with the introduction of competition;
(11) the rules contained in the workers' compensation rating manual adopted by the workers' compensation insurers rating association or other licensed data service organizations;
(12) the supporting data and information required in filings under section 79.56, including but not limited to, the experience of the filing insurer and the extent to which the filing insurer relies upon data service organization loss information, descriptions of the actuarial and statistical methods employed in setting rates, and the filing insurers interpretation of any statistical data relied upon; and
(13) any other factors that the commissioner deems relevant to achieve the purposes of this chapter.
(b) The rules shall provide for the following:
(1) adequate safeguards against excessive or discriminatory rates in workers' compensation;
(2) encouragement of workers' compensation insurance rates which are as low as reasonably necessary, but shall make provision against inadequate rates, insolvencies and unpaid benefits;
(3) assurances that employers are not unfairly relegated to the assigned risk pool;
(4) requiring all appropriate data and other information from insurers for the purpose of issuing rules, making legislative recommendations pursuant to this section; and
(5) preserving a framework for risk classification, data collection, and other appropriate joint insurer services.
Official Publication of the State of Minnesota
Revisor of Statutes