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New Hampshire Workers' Compensation Legal Library


New Hampshire Home Page   >   New Hampshire Regulations
 
CHAPTER Lab 300 WORKERS' COMPENSATION INSURANCE COVERAGE

Statutory Authority: RSA 281-A:5, I and RSA 281-A:60

PART Lab 301 PURPOSE

Lab 301.01 Purpose. This chapter sets forth the policies, procedures, and forms for carrying out the provisions of RSA 281-A pertaining to workers' compensation insurance.

Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97

New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16
PART Lab 302 POLICY

Lab 302.01 Policy. It is the policy of this department to require every employer who is subject to the statute to secure payment of benefits in accordance with RSA 281-A:5. Accordingly, employers and the insurance industry shall comply with the applicable provisions of RSA 281-A and this chapter and in providing the department with the necessary information.

Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97

New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16

PART Lab 303 DEFINITIONS

Lab 303.01 "Agency" means an insurance establishment duly licensed to provide workers' compensation coverage.

Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97

New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16

Lab 303.02 "Benefits" means compensation for wage loss, medical care, and rehabilitation as provided by RSA 281-A.

Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97

New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16

Lab 303.03 "Binder" means an agreement, or memorandum thereof, whereby an agency or carrier undertakes to provide coverage to an employer pending filing of notice of coverage with the department.

Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97

New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16

Lab 303.04 "Carrier" means an insurance company duly licensed to secure payment of benefits under RSA 281-A:5, I.

Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97

New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16 (from Lab 303.05)

Lab 303.05 "Carrier identification number" means a 3 digit number assigned to the carrier by the New Hampshire department of labor.

Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97

New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16 (from Lab 303.06)

Lab 303.06 "Coverage" means New Hampshire workers' compensation insurance.

Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97

New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16 (from Lab 303.07)

Lab 303.07 "Election" means a voluntary acceptance of the statute by an employer not otherwise subject to its provisions, as authorized by RSA 281-A:2, VI and RSA 281-A:3.

Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97

New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98 (formerly Lab 303.06); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16 (from Lab 303.08)

Lab 303.08 "Establishment" means the location or jobsite where the activities of a business are conducted.

Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97

New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98 (formerly Lab 303.07); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16 (from Lab 303.09)

Lab 303.09 "Employee" means any person who works full or part-time for an employer and persons who regularly operate businesses or practice trades who have elected to purchase workers' compensation coverage for themselves.

Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5558, eff 1-18-93 (formerly Lab 303.08), EXPIRED: 1-18-99

New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16 (from Lab 303.10)

Lab 303.10 "Employer" means any private or public entity that has one or more full or part time employees subject to the compulsory workers' compensation coverage requirements of the statute or that has any excluded individuals who have elected to purchase workers' compensation coverage for themselves. The terms "employer" and "carrier" are synonymous where an employer is self-insured under RSA 281-A:5, III.

Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97

New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98 (formerly Lab 303.09); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16 (from Lab 303.11)

Lab 303.11 "Employer identification number" means the 9 digit federal identification number assigned to an employer by the Internal Revenue Service. Forms to be used for the purpose of applying for a federal identification number may be obtained at any local office of the IRS, Post Office or from IRS, Andover, Massachusetts. Upon receipt of this number, the employer shall forward same immediately to the agent or carrier providing coverage.

Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97

New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98 (formerly Lab 303.10); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16 (from Lab 303.12)

Lab 303.12 "Exclusion" pursuant to RSA 281-A:18-a, means election not to purchase coverage by 3 or fewer executive officers of a corporation or by 3 or fewer members of a limited liability company when coverage would otherwise be compulsory.

Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97

New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98 (formerly Lab 303.11); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16 (from Lab 303.13)

Lab 303.13 "National Council on Compensation Insurance" or "NCCI" means the nonprofit service organization for insurance companies at the mailing address of PO Box 3098, Boca Raton, FL 33431-0998.

Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97

New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16

Lab 303.14 "Reinstatement" means the restoring or renewal of coverage by the same carrier without a lapse in coverage as confirmed by department records.

Source. #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97

New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98 (formerly Lab 303.12); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16 (from Lab 303.15)

Lab 303.15 "Statute" means the Workers' Compensation Law, RSA 281-A, as amended.

Source. #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97

New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98 (formerly Lab 303.13); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16 (from Lab 303.l6)

Lab 303.16 "Termination" means the cessation of coverage.

Source. #6806, eff 7-18-98 (formerly Lab 303.14); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16 (from Lab 303.17)

Lab 303.17 "Wrap up Policy" means a workers compensation insurance policy written by a carrier to cover a short term project that covers the general contractor and all subcontractors or the specific worksite. These policies are also known as "an ‘Owner Controlled Insurance Policy' (OCIP)".

Source. #6806, eff 7-18-98 (formerly Lab 303.15); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16

PART Lab 304 COVERAGE RESPONSIBILITY

Lab 304.01 Employers.

(a) The primary responsibility for coverage shall rest upon the employer. Such responsibility shall be exercised by applying for coverage as required by RSA 281-A:5, I, or II or by furnishing proof of financial ability to pay compensation and receiving permission from the labor commissioner to self-insure pursuant to RSA 281-A:5, III as specified in Lab 400.

(b) The employer's responsibility to obtain coverage shall begin before hiring any employee. An employer's responsibility to obtain coverage shall also begin when a valid termination notice canceling existing coverage is received from the carrier, and the employer shall answer the department's inquiry about the reason(s) for termination of coverage as discussed in Lab 307.03.

(c) When coverage is available only through the assigned risk plan as discussed in Lab 305, the employer's application for coverage shall constitute a valid application only when accompanied by the required premium payment.

(d) The employer shall demonstrate compliance with the coverage provisions of the statute by posting the "Notice of Compliance" form WCP-1 (4/2014), contained in appendix II in a conspicuous location available to all employees in accordance to RSA 281-A:4.

(e) Employers who have not already done so shall apply immediately to the US Internal Revenue Service for an employer identification number and supply the same to the agent, carrier as well as department of labor on request.

Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97

New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16

Lab 304.02 Agencies and Employers.

(a) Agents and employers shall share coverage responsibility by making clear the status of coverage by providing accurate information to carriers beginning upon receipt by the agent of a complete application for coverage from the employer. This shall include the information necessary to complete or change the "Exclusion of Executive Officers or Members" form 6WCex (7/2015), contained in appendix II if applicable, and also include the necessary information to complete all other coverage forms.

(b) If the agent is not successful in obtaining coverage for the employer through the voluntary market, the agent is further responsible for advising the employer of the availability of coverage under the existing assigned risk plan of the NCCI, for providing the proper application form, and for advising the employer that the application is complete only when accompanied by payment of the required premium.

(c) The agent's responsibilities delineated above shall pertain solely to workers' compensation insurance.

Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; amd by #5658, eff 6-28-93; ss by #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16

Lab 304.03 Agencies and Carriers.

(a) Agents and carriers shall share in coverage responsibility by processing the necessary paperwork and advising each other and the employer of the status of an application for coverage beginning upon the agent's receipt of a completed application for coverage, and extending until the carrier accepts the risk voluntarily or the risk is assigned to a carrier through the assigned risk plan. Agencies shall provide to the carrier the necessary information for the carrier to complete the "Exclusion of Executive Officers or Members" form 6WCex (7/2015) contained in appendix II and send it to the department. Only those specific executive officers on file with the department shall be excluded.

(b) Agencies and carriers shall advise any employer applying for coverage to apply to the U S Internal Revenue Service for a federal employer identification number if the employer has not already done so. The absence of an identification number shall not relieve the agent or carrier from the filing requirements delineated in Lab 306. As soon as the number is available, the carrier shall report the assigned ID number to the department.

Source. #4854, eff 6-29-90; amd by #5658, eff 6-28-93; ss by #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16

Lab 304.04 Carriers.

(a) Carriers shall provide access to all prescribed coverage and claims forms. Supplies of these forms shall not be provided by the department.

(b) Carriers shall furnish covered businesses with a sufficient number of posters, Notice of Compliance form WCP-1, and provide access to claims forms as required by Lab 500.

(c) The carrier shall electronically provide to the NCCI all necessary information to:

(1) Bind coverage;
(2) Write new policies;
(3) Make notice of change of Federal Identification Number;
(4) Add or delete locations;
(5) Add endorsements;
(6) Terminate and reinstate coverage; or
(7) Any other relevant changes.
(d) The carrier shall complete and file a paper "Exclusion of Executive Officers or Members" form 6WCex (7/2015) contained in appendix II, with the Department of Labor when applicable as prescribed by Lab 306 and Lab 307.

(e) The carrier shall forward by certified mail a copy of the "Exclusion of Executive Officers or Members" form 6WCex (7/2015) contained in appendix II to each of the executive officers or members listed on the form.

(f) Carriers shall contact the department to be assigned a carrier identification number prior to underwriting coverage in New Hampshire.

(g) The carrier's responsibilities delineated above shall pertain solely to workers' compensation insurance.

Source. #4854, eff 6-29-90; amd by #5558, eff 1-18-93; ss by #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16

Lab 304.05 Self-Insurance, Homogenous Self-Insured Groups and Third Party Administrators.

(a) Self-insured employers, homogenous self-insured groups and third party administrator shall provide access to all prescribed coverage and claims forms. Supplies of these forms shall not be provided by the department.

(b) Self-insured employers, homogenous self-insured groups and third party administrators shall furnish covered businesses with a sufficient number of forms "Notice of Compliance" WCP-1(4-2014), contained in appendix II.

(c) The self-insured employers, homogenous self-insured groups and third party administrator shall complete and file "Notice of Workers Compensation Insurance Coverage" form 6WC (4/2008), "Supplemental Notice of Coverage" form 6WC-S (3/2013), "Notice of Termination" form WC 100 (10/1991), "Notice of Reinstatement" form WC-100R (9/2015) as well as an "Exclusion of Executive Officers or Members" form 6WCex (7/2015), all contained in appendix II when applicable as prescribed by Lab 306 and Lab 307.

(d) The self-Insured employers, homogenous self-insured groups and third party administrators shall forward by certified mail a copy of the "Exclusion of Executive Officers or Members" form 6WCex (7/2015) contained in appendix II to each of the executive officers or members listed on the form.

(e) Self-insured employers, homogenous self-insured groups and third party administrator shall contact the department to be assigned a carrier identification number prior to underwriting coverage in New Hampshire.

(f) The self-insured employers, homogenous self-insured groups and third party administrators responsibilities delineated above shall pertain solely to workers' compensation insurance.

Source. #11065, eff 4-1-16

PART Lab 305 ASSIGNED RISK COVERAGE THROUGH THE NATIONAL COUNCIL ON COMPENSATION INSURANCE (NCCI)

Lab 305.01 Bureau Coverage. When coverage is provided by the assigned risk plan NCCI shall provide the department with proof of coverage
Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97

New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16

PART Lab 306 EVIDENCE OF COVERAGE

REVISION NOTE:

Document #4854, effective 6-29-90, made extensive changes to the wording, format, structure, and numbering of rules in Part Lab 306. Document #4854 supersedes all prior filings for the sections in this part. The prior filings for former Part Lab 306 include the following documents:

#2264, eff 1-6-83
#2935, eff 12-27-84

Lab 306.01 Filing Notice of Coverage.

(a) As explained in this part, to show any changes in coverage, the appropriate party shall complete and file with the department the appropriate "Notice of Workers Compensation Insurance Coverage" form 6WC (4/2008).

(b) Each "Notice of Workers Compensation Insurance Coverage" form 6WC (4/2008) contained in appendix II shall be completed and filed either directly by a carrier, self-insured employer, homogenous self-insured group, or third party administrator, or the form shall be completed and filed on their behalf by that party providing sufficient information to NCCI so that NCCI can complete and file the form with the department to show any changes in coverage.

(c) "Notice of Workers Compensation Insurance Coverage" form 6WC (4/2008) contained in appendix II shall be filed as soon as possible after completion of arrangements to provide coverage, but no later than 10 calendar days after the date binder is issued.

(d) Insufficient information provided to NCCI shall render the filing invalid but shall not affect the insurance coverage of the employer.

(e) Insufficient information provided to NCCI shall constitute noncompliance and shall subject the carrier to the civil penalty as prescribed by RSA 281-A: 7, I and Lab 309. The penalty shall be applied for each day of noncompliance following the carrier's notification by the department and continuing until the properly completed form is filed with the department.

(f) Notice of coverage shall be given in terms of coverage, not individual contract policy. Notice of coverage shall not be filed annually at the time of policy renewal. Once notice of coverage has been filed coverage shall remain in force until a valid termination notice has been filed with the department or until a new notice of coverage is filed.

Source. (See Revision Note at part heading for Lab 306) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97

New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16

Lab 306.02 Filing Notice of Voluntary Coverage.

(a) The appropriate party, as explained in Lab 306.01 (b) shall complete and file a "Notice of Coverage" form 6WC (4/2008) contained in appendix II in the following circumstances:

(1) When insuring an employer's business having no prior coverage in this state;

(2) When insuring a business previously insured by a company outside the carrier's group or fleet of companies;

(3) When renewing a business' coverage with the same carrier group or fleet following a lapse in the business' coverage confirmed by the department's records;

(4) When requested by the department to show proof of New Hampshire coverage for an injury that has occurred in New Hampshire;

(5) When one group or fleet of carriers is acquired by another group or fleet of carriers and coverage is transferred to the acquiring company; and

(6) When the department is notified of coverage but the NCCI records do not indicate New Hampshire coverage.

(b) The appropriate party, as explained in Lab 306.01(b), shall complete and file a "Notice of Workers Compensation Insurance Coverage" form 6WC (4/2008) contained in appendix II as notice of coverage for the employer's primary location. If the employer has 2 or more establishments, locations or job sites operating under different federal identification numbers, a separate "Notice of Workers Compensation Insurance Coverage" form 6WC (4/2008) contained in appendix II shall be completed and filed for each.

Source. (See Revision Note at part heading for Lab 306) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97

New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16

Lab 306.03 Filing Notice of Elective Coverage.

(a) When an employer purchases elective coverage alone as provided by RSA 281-A:3, or simultaneously purchases elective coverage and voluntary coverage for the business, the appropriate party, as explained in Lab 306.01(b), shall file notice of elective coverage by completing and filing both "Notice of Workers Compensation Insurance Coverage" form 6WC (4/2008) and "Election of Individuals or Partners" form 6WC-EL (07/2015), contained in appendix II. Employer election shall identify the person to be covered.

(b) When elective coverage is added after the purchase of voluntary coverage, or a person is added to existing elective coverage, the appropriate party, as explained in Lab 306.01(b), shall complete and file the pertinent section of "Election of Individuals or Partners" form 6WC- EL (7/2015) contained in appendix II.

(c) Elective coverage shall continue until canceled by filing "Notice of Workers Compensation Insurance Coverage" form 6WC (4/2008) contained in appendix II or Lab 307 termination notices. Elective coverage shall continue until properly terminated by filing a superseding "Notice of Workers Compensation Insurance Coverage" form 6WC (4/2008) contained in appendix II or a properly completed termination notice.

Source. (See Revision Note at part heading for Lab 306) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97

New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16

Lab 306.04 Filing Notice of Changes in Voluntary or Elective Coverage.

(a) The appropriate party, as explained in Lab 306.01(b), shall complete and file notice of changes in coverage by completing and filing the pertinent sections of "Supplemental Notice" form 6WC-S (3/2013), contained in appendix II, when:

(1) Reporting a newly assigned federal employer identification number if the original "Notice of Workers Compensation Insurance Coverage" form 6WC (4/2008) contained in appendix II was filed under a Social Security number;

(2) Adding to existing coverage an additional establishment, location or job site operating under the same federal employer identification number;

(3) Deleting such an establishment from coverage;

(4) Deleting only elective coverage when a prior filing indicated both elective and voluntary coverage;

(5) Deleting a partner from existing elective coverage;

(6) Changing information regarding the primary location; or

(7) Correcting the type of organization when reported incorrectly on the original "Notice of Workers Compensation Insurance Coverage" form 6WC (4/2008) contained in appendix II.

Source. #5558, eff 1-18-93; ss by #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16

Lab 306.05 Filing for Exclusion of Executive Officers or Members.

(a) A corporation or limited liability company may elect to exclude 3 or fewer executive officers or members pursuant to RSA 281-A:18-a. This shall be done by the appropriate party, as explained below, completing and filing the "Exclusion of Executive Officers or Member" form 6WCex (7/2015) contained in appendix II.

(b) Only Carriers or NCCI on a carrier's behalf shall complete and file with the department an "Exclusion of Executive Officers or Members" form 6WCex (7/2015) contained in appendix II. Any filing from another entity shall not be valid.

(c) This form shall not be valid unless there is a "Notice of Workers Compensation Insurance Coverage" form 6WC (4/2008) contained in appendix II already on file at the department with the same named employer.

(d) If the "Exclusion of Executive Officers or Members" form 6WCex (7/2015) contained in appendix II is not on file at the department, the executive officers or members shall not be excluded.

(e) The carrier shall forward a copy of the "Exclusion of Executive Officers or Members" form 6WCex (7/2015) contained in appendix II to each officer or member listed on the form by certified mail.

(f) If there is a change of carrier, a new "Exclusion of Executive Officers or Members" 6WCex (7/2015) contained in appendix II form shall be completed and filed by the new carrier.

(g) All officers or members to be excluded shall be listed on each new filing of the "Exclusion of Executive Officers or Members" form 6WCex (7/2015) contained in appendix II. Failure to complete the form accurately and fully shall negate the entire form. Each time an "Exclusion of Executive Officers or Members" form 6WCex (7/2015) contained in appendix II is completed and filed, a copy shall be sent to the listed executive officers or members by certified mail.

(h) When all of the excluded officers or members elect to be covered, a new "Exclusion of Executive Officers or Members" form 6WCex (7/2015) contained in appendix II shall be completed and filed.

(i) In the event of an injury, the "Exclusion of Executive Officers or Members" form 6WCex (7/2015) contained in appendix II that was on file with the department on the date of injury shall be the determining document as to whether that employee is excluded.

(j) Each filing of an "Exclusion of Executive Officers or Members" form 6WCex (7/2015) contained in appendix II that was on file of the department on the date of injury shall be the determining document as to whether that employee is excluded.

(k) Those executive officers or members who elect to be excluded under "Exclusion of Executive Officers or Members" form 6WCex (7/2015) contained in appendix II shall not be considered uninsured employees of a subcontractor under RSA 281-A:18.

Source. #11065, eff 4-1-16 (from Lab 306.04)

Lab 306.06 Wrap up or Owner Controlled Insurance Policy (OCIP).

(a) A carrier may elect to provide coverage for short term projects or worksites.

(b) The carrier writing such coverage shall provide the required information to the department by completing and filing a "Notice of OCIP Coverage" form 6WC-wup (7/2015), contained in appendix II as soon as possible but no later than 10 days after the date the OCIP policy is issued.

(c) Failure of a carrier to file an accurately and fully completed "Notice of OCIP Coverage" form 6WC-wup (7/2015) contained in appendix II shall constitute noncompliance and shall subject the carrier to the civil penalty as prescribed by RSA 281-A:7 I (2) (b) and Lab 309. The penalty shall be applied for each day of non-compliance following the carrier's notification by the department and continuing until the properly completed notice is filed with the department.

(d) A "Notice of OCIP Coverage" form 6WC-wup (7/2015) contained in appendix II shall be completed and filed for following circumstances, when:

(1) A wrap up or OCIP policy is issued for a specific project;

(2) A general contractor is indicated for a specific project; or

(3) A sub-contractor is indicated for a specific project.

Source. #11065, eff 4-1-16

Lab 306.07 Wrap up or Owner Controlled Insurance Policy (OCIP) Termination.

(a) A carrier shall provide all the required information to the department by completing and filing a "Notice of Termination for OCIP Coverage" form 6WC-wut (7/2015), contained in appendix II as soon as possible but no later than 10 calendar days after the date the wrap up or OCIP policy was terminated.

(b) Failure of a carrier to file an accurately and fully completed "Notice of Termination for OCIP Coverage" form 6WC-wut (7/2015) contained in appendix II shall result in continuation of such coverage until a properly completed notice is filed with the department.

(c) A notice of "Termination for OCIP Coverage" form 6WC-wut (7/2015) contained in appendix II shall be filed by the carrier to the department for each of the following circumstances:

(1) When a project is completed;

(2) When a general contractor is no longer working on a project; or

(3) When a sub-contractor is no longer working on a project.

Source. #11065, eff 4-1-16

PART Lab 307 TERMINATION AND REINSTATEMENT OF COVERAGE

REVISION NOTE:

Document #4854, effective 6-29-90, made extensive changes to the wording, format, structure, and numbering of rules in Part Lab 307. Document #4854 supersedes all prior filings for the sections in this part. The prior filings for former Part Lab 307 include the following documents:

#2264, eff 1-6-83
#2935, eff 12-27-84

Lab 307.01 Purpose. This section sets forth the requirements a carrier shall follow when terminating and reinstating workers compensation coverage.

Source. (See Revision Note at part heading for Lab 307) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97

New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16

Lab 307.02 Termination of Coverage.

(a) A carrier shall provide the department with notice of termination when it seeks to terminate an employer's coverage. A carrier shall not file such notice if it cancels a particular insurance policy contract if coverage will continue under a subsequent contract.

(b) Coverage may be terminated only for the following reasons:

(1) The employer changes carriers;

(2) The employer goes out of business;

(3) The employer's business is sold;

(4) The employer has no employees;

(5) A premium payment is past due;

(6) At the request of carrier or agency; or

(7) The revocation of a carrier's voluntary acceptance.

(c) The carrier shall electronically provide the NCCI all necessary information to terminate coverage. The termination date shall be the last date on which coverage is in effect, subject to the minimum notice requirements of RSA 281-A:9.

(d) A Self-insured group terminating a member employer shall complete and file with the department a "Termination Notice" form WC-100 (10/1991), contained in appendix II to terminate coverage. The termination date shall be the last date on which coverage is in effect, subject to minimum notice requirements of RSA 281-A: 9. If the self-insured group reinstates the member employer without a lapse after filing a form WC-100, then the group shall notify the department by completing and filing "Reinstatement Notice" form WC-100R (9/2015), contained in Appendix II.

(e) If the carrier or self-insured is merely canceling and rewriting a policy but coverage is not being affected, no termination of coverage notice shall be required.

(f) If, however, the carrier decides to continue coverage with no lapse after sending a notice of termination pursuant to Lab 307.02(b) then the carrier shall file with the NCCI all necessary information and the coverage will be considered reinstated. Reinstatement of coverage shall be the renewal of coverage or continuation of coverage by the same carrier without a lapse in coverage.

(g) Upon the department's receipt of a cancellation of coverage and in the absence of new or renewed coverage, the department shall contact the employer in writing to confirm receipt of the termination notice and reasons given by the carrier.

(h) Failure to accurately and fully complete "Termination Notice" form WC-100 (10/1991) contained in appendix II shall invalidate the filling, and coverage shall remain in effect pending proper filing of the notice.

Source. (See Revision Note at part heading for Lab 307) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97

New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16

Lab 307.03 Effective Date of Termination.

(a) Termination of coverage shall take effect no earlier than 45 days after the date the filing is received by the department except when coverage is terminated due to nonpayment of premium or when elective coverage is being revoked. In these 2 cases, termination of coverage shall take effect no earlier than 30 days after the date the filing is received by the department.

(b) The effective date of termination shall be based upon receipt in the department regardless of termination date by NCCI.

Source. (See Revision Note at part heading for Lab 307) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97

New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07 (from Lab 307.04)

Lab 307.04 Reinstatement. To reinstate coverage prior to the effective date of termination, carriers shall file with the NCCI with all necessary information, pursuant to Lab 307.02 (f). Self-insured groups and third party administrators shall complete and file "Reinstatement Notice" form WC-100 (10/1991) contained in appendix II with the department, pursuant to Lab 307.02 (d).

Source. (See Revision Note at part heading for Lab 307) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97

New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07 (from Lab 307.04)

PART Lab 308 INSTRUCTIONS FOR COMPLETING COVERAGE FORMS - REPEALED

REVISION NOTE:

Document #4854, effective 6-29-90, made extensive changes to the wording, format, structure, and numbering of rules in Part Lab 308. Document #4854 supersedes all prior filings for the sections in this part. The prior filings for former Part Lab 308 include the following documents:

#2264, eff 1-6-83
#2935, eff 12-27-84

Lab 308.01 – Lab 308.04

Source. (See Revision Note at part heading for Lab 308) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97

New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; rpld by 11065, eff 4-1-16

Lab 308.05

Source. #5558, eff 1-18-93; ss by #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; rpld by #11065, eff 4-1-16

PART Lab 309 CIVIL PENALTIES FOR NON-COMPLIANCE

Lab 309.01 Application.

(a) The commissioner shall assess civil penalties against employers who fail to secure compensation to employees pursuant to RSA 281-A: 7, as specified in Lab 309.01 (d).

(b) The commissioner shall assess a civil penalty against insurance carriers who fail to provide proper notice of coverage to the department as specified in Lab 309.01 (d).

(c) The commissioner shall assess the amount of civil penalties as specified in Lab 309.01 (d).

(d) In determining the dollar amount of a civil penalty for any violation within these rules, the commissioner shall set the penalty to advance the goal of preventing future misconduct by considering the following factors:

(1) The severity of the violation;

(2) The frequency of the violation;

(3) Whether the violator is a repeat offender; and

(4) Other similar factors that the commissioner finds demonstrate that the violation warrants a higher civil penalty.

Source. #2264, eff 1-6-83; ss by #2935, eff 12-27-84; EXPIRED: 12-27-90

New. #5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED 9-27-97

New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07; ss by #11065, eff 4-1-16

APPENDIX

Rule

Specific State Statute which the Rule Implements

Lab 301.01

RSA 281-A:5

Lab 302.01

RSA 281-A:5

Lab 303.01

RSA 281-A:5

Lab 303.02

RSA 281-A:23; RSA 281-A:25; RSA 281-A:28

Lab 303.03

RSA 281-A:5

Lab 303.04

RSA 281-A:5

Lab 303.05

RSA 281-A:2, XII

Lab 303.06

RSA 281-A:2, XII

Lab 303.07

RSA 281-A:5

Lab 303.08

RSA 281-A:2, VI, RSA 281-A:3

Lab 303.09

RSA 281-A:7

Lab 303.10

RSA 281-A:2, VI, VII; RSA 281-A:18-a

Lab 303.11

RSA 281-A:2,VIII, IX; RSA 281-A:5 III

Lab 303.12

RSA 281-A:7

Lab 303.13

RSA 281-A:18-a

Lab 303.14

RSA 281-A:4

Lab 303.15

RSA 281-A:5

Lab 303.16

RSA 281-A:1

Lab 303.17

RSA 281-A:9

Lab 303.18

RSA 281-A:5

Lab 304.01

RSA 281-A:2, VIII, IX, RSA 281-A:4,

RSA 281-A:5, I, II, III

Lab 304.02

RSA 281-A:5,7, RSA 281-A:9, RSA 281-A:18-a

Lab 304.03

RSA 281-A:5,7, RSA 281-A:9, RSA 281-A:18-a

Lab 304.04

RSA 281-A:4, RSA 281-A:7, RSA 281-A:9,

RSA 281-A:18-a

Lab 304.05

RSA 281-A:5-c RSA 281-A:5-d, RSA 281-A:18-a

Lab 305

RSA 281-A:5

Lab 306.01

RSA 541-A:5

Lab 306.02

RSA 281-A:3, RSA 281-A:5,RSA 281-A:7

Lab 306.03

RSA 281-A:5

Lab 306.04

RSA 281-A:18-a, RSA 281-A:18

Lab 306.05

RSA 281-A: 5

Lab 306.06

RSA 281-A:5

Lab 307.01

RSA 281-A:9,10

Lab 307.02

RSA 281-A:9

Lab 307.03

RSA 281-A:9, RSA 281-A:10

Lab 307.04

RSA 281-A:5, RSA 281-A:10

Lab 308 - Reserved

Lab 309

RSA 281-A:7



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