N.Y. Comp. Codes R. & Regs. Tit. 11 §§ 151-6.1

Current through Register Vol. 46, No. 36, September 4, 2024

Section 151-6.1 - Definitions

As used in this Part:

(a) Board means the New York Workers' Compensation Board.

(b) Insurer means an insurer authorized to write workers' compensation insurance in this State, except for the SIF.

(c) NYCIRB means the New York Workers Compensation Rating Board.

(d) SIF means the State Insurance Fund.

(e) Standard premium means:

(1) The premium determined on the basis of the insurer's approved rates; as modified by:

(i) any experience modification or merit rating factor;

(ii) any applicable territory differential premium;

(iii) the minimum premium;

(iv) any Construction Classification Premium Adjustment Program credits;

(v) any credit from return to work and/or drug and alcohol prevention programs;

(vi) any surcharge or credit from a workplace safety program;

(vii) any credit from independently-filed insurer specialty programs (for example, alternative dispute resolution, drug-free workplace, managed care or preferred provider organization programs);

(viii) any charge for the waiver of subrogation;

(ix) any charge for foreign voluntary coverage; and

(x) the additional charge for terrorism, and the charge for natural disasters and catastrophic industrial accidents.

(2) For purposes of determining standard premium, the insurer's expense constant, including the expense constant in the minimum premium, the insurer's premium discount, and premium credits for participation in any deductible program shall be excluded from the premium base.

(3) The insurer shall use the definition of standard premium set forth in this Part to report standard premium to the board.

N.Y. Comp. Codes R. & Regs. Tit. 11 §§ 151-6.1