BILL REQ. #:  H-1186.1 

READ FIRST TIME 01/31/05.   

     AN ACT Relating to mandatory electronic data reporting under Title 51 RCW for workers' compensation self-insurers; amending RCW 51.14.110, 51.14.110, and 51.14.030; providing an effective date; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 51.14.110 and 1971 ex.s. c 289 s 35 are each amended to read as follows:
     (1) Every self-insurer shall maintain a record of all payments of compensation made under this title. The self-insurer shall furnish to the director all information ((he)) the self-insurer has in ((his)) its possession as to any disputed claim, upon forms approved by the director.
     (2)(a) The department shall establish an electronic reporting system for the submission to the department of specified self-insurance claims data to more effectively monitor the performance of self-insurers and to obtain claims information in an efficient manner.
     (b) Claims data reported to the department electronically by individual self-insurers are confidential in accordance with RCW 51.16.070 and 51.28.070. The department may publish, for statistical purposes, aggregated claims data that contain no personal identifiers.
     (3) The department shall adopt rules to administer this section.

Sec. 2   RCW 51.14.110 and 1971 ex.s. c 289 s 35 are each amended to read as follows:
     (1) Every self-insurer shall maintain a record of all payments of compensation made under this title. The self-insurer shall furnish to the director all information ((he)) the self-insurer has in ((his)) its possession as to any disputed claim, upon forms approved by the director.
     (2)(a) The department shall establish an electronic reporting system for the submission to the department of specified self-insurance claims data to more effectively monitor the performance of self-insurers and to obtain claims information in an efficient manner.
     (b) Self-insurers shall submit claims data electronically in the format and frequency prescribed by the department.
     (c) Electronic submittal to the department of specified claims data is required to maintain self-insurance certification. The department shall establish an escalating schedule of penalties for noncompliance with this requirement, up to and including withdrawal of self-insurance certification.
     (d) Claims data reported to the department electronically by individual self-insurers are confidential in accordance with RCW 51.16.070 and 51.28.070. The department may publish, for statistical purposes, aggregated claims data that contain no personal identifiers.
     (3) The department shall adopt rules to administer this section.

Sec. 3   RCW 51.14.030 and 1977 ex.s. c 323 s 10 are each amended to read as follows:
     The director may issue a certification that an employer is qualified as a self-insurer when such employer meets the following requirements:
     (1) He or she has fulfilled the requirements of RCW 51.14.020.
     (2) He or she has submitted to the department a payroll report for the preceding consecutive twelve month period.
     (3) He or she has submitted to the department a sworn itemized statement accompanied by an independent audit of the employer's books demonstrating to the director's satisfaction that the employer has sufficient liquid assets to meet his or her estimated liabilities as a self-insurer.
     (4) He or she has demonstrated to the department the existence of the safety organization maintained by him or her within his or her establishment that indicates a record of accident prevention.
     (5) He or she has submitted to the department a description of the administrative organization to be maintained by him or her to manage industrial insurance matters including:
     (a) The reporting of injuries;
     (b) The authorization of medical care;
     (c) The payment of compensation;
     (d) The handling of claims for compensation;
     (e) The name and location of each business location of the employer; and
     (f) The qualifications of the personnel of the employer to perform this service.
     (6) He or she has demonstrated to the department the ability and commitment to submit electronically the claims required by RCW 51.14.110.
     Such certification shall remain in effect until withdrawn by the director or surrendered by the employer with the approval of the director. An employer's qualification as a self-insurer shall become effective on the date of certification or any date specified in the certificate after the date of certification.

NEW SECTION.  Sec. 4   Section 1 of this act expires July 1, 2008.

NEW SECTION.  Sec. 5   Sections 2 and 3 of this act take effect July 1, 2008.