General Provisions

General Provisions 4.01.1: Purpose The purpose of this Regulation is to promulgate and adopt clear and comprehensive rules governing the establishment and operation of the Mississippi Workers' Compensation Assigned Risk Plan ("Plan") and the Mississippi Workers' Compensation Assigned Risk Pool ("Pool"). Source: Miss. Code Ann.§71-3-1, et seq and §71-3-111 (Rev. 2011) 4.01.2: Authority This Regulation is adopted pursuant to the authority granted by Section 71-3-111, Mississippi Code Annotated (Supp. 2006), as well as the provisions of Mississippi Department of Insurance Regulation No. 88-101, said Regulation being the Rules of Practice and Procedure before the Mississippi Department of Insurance. Source: Miss. Code Ann.§71-3-1, et seq and §71-3-111 (Rev. 2011) 4.01.3: Scope This Regulation shall apply to all insurance companies licensed to write workers' compensation insurance in Mississippi. Source: Miss. Code Ann.§71-3-1, et seq and §71-3-111 (Rev. 2011) 4.01.4: Definitions For purposes of this Regulation, the terms hereinafter set forth are defined as follows: A. "Advisory Board" or “Board" shall mean the Advisory Board of the Pool. B. "Plan" shall mean the Mississippi Workers' Compensation Assigned Risk Plan as provided for under Section 71-3-111, Mississippi Code Annotated (Supp. 2006). C. "Pool" shall mean the Mississippi Workers' Compensation Assigned Risk Pool as provided for under Section 71-3-111, Mississippi Code Annotated (Supp. 2006). D. "Plan Administrator" shall mean such organization as is designated by the Commissioner of Insurance for the State of Mississippi to administer the affairs of the Plan. E. "Pool Administrator" shall mean such organization as is designated by the Commissioner of Insurance for the State of Mississippi to administer the affairs of the Pool. F. "Commissioner" and/or "Regulator" shall mean the Commissioner of Insurance for the State of Mississippi, or his designee. G. "Servicing Carrier" shall mean those insurance companies licensed and writing workers' compensation insurance within Mississippi, which have been appointed by the Commissioner to provide coverage to employers who have applied for workers' compensation insurance pursuant to the Plan. H. "Residual Market" and "Residual Market Mechanism" shall mean the Plan and the Pool, collectively. I. "Member" shall mean an insurance company licensed to write workers' compensation insurance under Chapter 3 of Title 71 of the Mississippi Code of 1972, as amended, each of which is required to be a member of and participant in the Pool. Source: Miss. Code Ann.§71-3-1, et seq and §71-3-111 (Rev. 2011) 4.01.5: Other Applicable Laws and Rules The operation of the Residual Market shall be subject to the following provisions in addition to the statute referred herein and the rules contained herein: A. Chapter 3 of Title 71 of the Code of Mississippi (1972), as amended, codified as Section 71-3-1, et. seq.; B. Rules of the Mississippi Workers' Compensation Commission; C. The requirements and standards provided for in the Workers' Compensation and Employers' Liability Manuals as approved for use in Mississippi by the Commissioner, or as approved for use by members of a licensed data service organization, which manuals may include, but are not limited to, the following: 1. The Basic Manual for Workers' Compensation and Employers' Liability Insurance; 2. The Workers' Compensation Statistical Plan Manual; 3. The Experience Rating Plan Manual for Workers' Compensation and Employers' Liability Insurance; 4. The classification codes for workers' compensation and employers' liability insurance; 5. The approved workers' compensation and employers' liability insurance policy and endorsement forms; and, 6. Such other manual(s) as designated for use by the Commissioner. Source: Miss. Code Ann.§71-3-1, et seq and §71-3-111 (Rev. 2011) 4.01.6: Coverage The following coverages shall be available through the Residual Market: A. Statutory workers' compensation and occupational disease including liability under the Long shore and Harbor Workers' Compensation Act, as amended, and the Federal Coal Mine Health and Safety Act of 1969, as amended; B. Employers liability insurance written in connection with a workers' compensation policy; and, C. Such other coverages as are determined by the Plan Administrator and approved by the Commissioner.