Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 3 - Rule 4 - Interlocal Risk Management Agency › Section XI-317 - Servicing Interlocal Risk Management Agencies; Application; Requirements; Noncompliance

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				individual, co-partnership, or corporation desiring to engage in the business
				of providing one or more services for an approved workmen's compensation
				program for an interlocal risk management agency shall apply to, and shall
				satisfy the Commissioner of Insurance that it has adequate facilities and
				competent staff within the state of Louisiana to service the self-insurance
				program in such a manner as to fulfill the employers' obligations under the
				Workmen's Compensation Act and any rules and regulations applicable thereto.
				Service may include, but is not limited to, claims adjusting, industrial safety
				engineering, underwriting, and the capacity to provide required
				reporting.
B. Application for
				approval to act as a servicing agent for an interlocal risk management agency
				shall be made on the required form. The application shall contain answers to
				all questions propounded and shall be sworn to and approved before the service
				agent enters into a contract with an interlocal risk management agency.
				Applications for approval to act as a service agent shall be granted for a
				period of one year and shall be subject to renewal annually.
C. If the service agent seeks approval to
				service claims, then proof shall be required that it has within its
				organization, or has contracted on a full-time basis with, at least one person
				who has the knowledge and experience necessary to handle claims involving the
				Workmen's Compensation Act and public liability. A resume covering that person
				or person's background shall be attached to the application of the service
				agent.
D. If the service agent
				seeks approval to provide underwriting services, then proof shall be required
				that it has within its organization, or has contracted on a full-time basis
				with at least one person who has the knowledge and experience necessary to
				provide underwriting services for workmen's compensation excess insurance and
				public liability coverage. A resume covering that person or person's background
				shall be attached to the application of the service agent.
E. If the service agent seeks approval to
				furnish safety engineering services, then proof shall be required that it has
				within its organization, or has contracted on a full-time basis with at least
				one person who has the knowledge and background necessary to adequately provide
				industrial safety and health engineering services.
F. The service agent shall maintain adequate
				staff, and the staff shall be authorized to act for the service agent on all
				matters covered by the Workmen's Compensation Act and rules and regulations
				applicable thereto.
G. The service
				agent shall file copies of all contracts entered into with interlocal risk
				management agencies as they relate to the services to be performed. Such
				reports shall be kept confidential. The service agent will handle all claims,
				with dates of injury or disease, within the contract period until their
				conclusion, unless the service agent is relieved of that responsibility by a
				successor service agent.
H. Failure
				to comply with the provisions of the Workmen's Compensation Act shall be
				considered good cause for withdrawal of the approval to act as a service agent.
				Thirty days notice of withdrawal shall be given, and notice shall be served, by
				certified or registered mail, upon all interested parties.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. Title 22, Section 2 of 1950 and Act 462 of
				  the 1979 Session of the Louisiana
				  Legislature.