(1) Self-insured employers may elect to have their claims administered by a third party or they may elect to self-administer their claims. Third-party administrators given the responsibility of administering the claims of workers by an employer shall be licensed by the department. All employer claims administrators given the responsibility of administering the claims of workers shall maintain certification established by the department.
(2) The department shall adopt rules to administer this section. The rules for licensing third-party administrators must:
(a) Incorporate the department's rules for self-insurers in effect as of March 2020;
(b) Include criteria for determining appropriate penalties for violation of their responsibilities and duties, including managing claims, engaging in the department's management of claims, coordinating proper employment of injured workers during the pendency of the worker's claim, making requests of the department in individual cases, or participating in appeals involving a worker's benefits in a way that furthers the purpose of this title;
(c) Consider recognized and approved claim processing practices within the industrial insurance industry, and the industrial insurance laws and rules of this state;
(d) Consider similar licensure rules under the insurance laws and rules of this state; and
(e) Include requirements for maintaining a license, and any penalties for violation of those licensing requirements.