287.972. Advisory organization's permitted activities — director may allow pure premium rate data to be distributed.

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287.972. Advisory organization's permitted activities — director may allow pure premium rate data to be distributed. — 1. The advisory organization, in addition to other activities not prohibited, may:

(1)Develop statistical plans, including class definitions;

(2)Collect statistical data from members, subscribers or any other source;

(3)Prepare and distribute pure premium rate data, adjusted for loss development and loss trending, in accordance with its statistical plans as specified in subsection 2 of this section. Such data and adjustments should be in sufficient detail so as to permit insurers to modify such pure premiums based on their own rating methods or interpretations of underlying data;

(4)Prepare and distribute manuals of rating rules and rating schedules that do not contain any rules or schedules including final rates of permitting calculation of final rates without information outside the manuals;

(5)Distribute information that is filed with the director and open to public inspection;

(6)Conduct research and collect statistics in order to discover, identify and classify information relating to causes or prevention of losses;

(7)Prepare and file policy forms and endorsements and consult with members, subscribers and others relative to their use and application;

(8)Collect, compile and distribute past and current prices of individual insurers if such information is made available to the general public;

(9)Conduct research and collect information to determine the impact of benefit level changes on pure premium rates;

(10)Prepare and distribute rules and rating values for the uniform experience rating plan. Calculate and disseminate individual risk premium modifications;

(11)Assist an individual insurer to develop rates, supplementary rate information or supporting information when so authorized by the individual insurer.

2. The director of the department of commerce and insurance will allow pure premium rate data, adjusted for loss development and loss trending, to be distributed, upon filing with the director with a final distribution in a format which allows a comparison of such data, adjusted for loss development without any trend factor, with a trend factor developed by the advisory organization, and with a trend factor developed by the director, for each of the various job classifications.

Such data may be used, at their option, by workers' compensation insurers, self-funded employers, or self-insured groups of employers, to determine their own final rates or charges for workers' compensation insurance coverage. The authority to establish such a reporting format shall not be interpreted as allowing the director of the department of commerce and insurance to set final rates where a competitive market exists under the provisions of sections 287.930 to 287.975 .

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(L. 1993 S.B. 251 § 34, A.L. 2005 S.B. 1 & 130)