OAR 836-043-0050
Interstate Assignments

(1)

Any employer assigned under this Plan and desiring workers’ compensation insurance for operations for physical locations in states other than that covered by the Plan may request its servicing carrier to furnish such insurance in such additional states. If the servicing carrier is licensed in those additional states and will write workers’ compensation insurance on a voluntary basis, the servicing carrier must do so on a voluntary basis and in accordance with the law, rates, rules, classifications, and regulations applicable to the voluntary workers’ compensation market in those states.

(2)

If the servicing carrier does not wish to provide the insurance on a voluntary basis, the servicing carrier may provide assigned risk coverage in such additional states subject to the following:

(a)

Workers’ compensation insurance may be provided only in accordance with OAR 836-043-0001 (Statutory Authority; Purpose;) to 836-043-0091 (Self-Funded Plan) in those states that have a Workers’ Compensation Insurance Plan that is similar to this Plan and that allows employers applying for coverage under those Plans to obtain coverage for operations in Oregon;

(b)

A servicing carrier providing such insurance shall collect all premiums due based on the exposure for the physical operations in those other states. The effective date of such insurance in such additional states shall be the day after premium is received; however, in the event coverage in such additional states is on an “if any” basis, the effective date of such coverage shall be the day following receipt of an acceptable request for such insurance by the servicing carrier. A copy of the policy Information Page and all endorsements, properly identified as a Plan or AR (Assigned Risk) policy, shall be submitted to the appropriate Plan Administrator having jurisdiction in the state where the coverage is effected;

(c)

The rates, rating plans, classifications, and policy forms used to provide coverage in such additional states shall be those that are:

(A)

Applicable to the assigned risk market;

(B)

On file and have been approved by the regulators in those additional states; and

(C)

Authorized for use in the assigned risk market by the Plan Administrator;

(d)

The servicing carrier must be a signatory to an agreement providing reinsurance for workers’ compensation insurance policies issued to assigned risk market employers under the organizing principles in each state where the coverage shall be provided; and

(e)

A servicing carrier unwilling or unable to provide insurance for an employer in additional states shall refer the employer to the Plan Administrator or appropriate administrative organization for the states where coverage is needed for instructions and applications.

(3)

Intentionally left blank —Ed.

(a)

An employer who applies for workers’ compensation insurance under another state’s workers’ compensation insurance plan may purchase coverage for operations in Oregon without meeting the application requirements of this Plan, provided:

(A)

The employer qualifies for such insurance under the other state’s Plan;

(B)

The employer is in good faith entitled to insurance under this Plan;

(C)

The other state’s Plan is similar to this Plan;

(D)

That Plan also provides for interstate assignments; and

(E)

The payroll for the employer’s operation in Oregon is not greater than the payroll in the other state;

(b)

The rates, rating plans, classifications and policy forms used to provide coverage in Oregon shall be those that are applicable to assigned risk market risks in Oregon and are on file and have been approved by the Insurance Commissioner and authorized for use in the assigned risk market by the Plan Administrator;

(c)

The administrator of the other Plan is authorized to assign employers with operations in Oregon to the other Plan’s servicing carriers, subject to the following conditions:

(A)

The servicing carrier must be a signatory to the organizing principles in Oregon. In addition, if the payroll for the employer’s operation in Oregon is greater than $250,000, the servicing carrier must also be a servicing carrier in Oregon. If there is no eligible servicing carrier in Oregon that is also an insurer in the state of assignment, then the Plan Administrator may remove the payroll limitation or may require the employer to submit a separate application for coverage in Oregon; and

(B)

The other state’s Plan must give the Plan Administrator in Oregon similar authority to make interstate assignments.

(d)

With regard to interstate assignments and policies, this Plan shall have jurisdiction over all disputes resulting from the application of rules, programs, and procedures that are specific to Oregon. Disputes regarding application requirements shall be under the jurisdiction of the state’s Plan where the application was filed.

(4)

This section is not applicable for unknown or unanticipated operations or exposures for which coverage may be available under the Residual Market Limited Other States Coverage Endorsement.

Source: Rule 836-043-0050 — Interstate Assignments, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=836-043-0050.

836–043–0001
Statutory Authority 836–043–0005
Definitions for the Workers’ Compensation Insurance Plan 836–043–0009
Participation by Insurers and Insurance Producers 836–043–0017
Plan Administrator 836–043–0021
Servicing Carriers 836–043–0024
Right to Apply 836–043–0028
Application by Electronic Transmission or Telephone 836–043–0032
Nonelectronic Application 836–043–0034
Surety Bonds 836–043–0041
Application Review 836–043–0044
Binding Coverage 836–043–0046
Rates and Forms, Policy Term, Additional Coverages and Other Provisions 836–043–0048
Additional States’ Coverage 836–043–0050
Interstate Assignments 836–043–0053
Premium Obligations 836–043–0056
Insurer Cancellation and Nonrenewal of Workers’ Compensation Insurance Policies or Surety Bonds 836–043–0060
Assignment Formula 836–043–0062
Issuance and Continuation of Policy 836–043–0064
Renewal, Nonrenewal 836–043–0066
Reassignment 836–043–0068
Cancellation 836–043–0071
Dispute Resolution Procedures 836–043–0072
Voluntary Coverage 836–043–0076
Takeout Credit 836–043–0079
Notification of Outstanding Premium 836–043–0082
Policyholder Services 836–043–0087
Producer Changes and Compensation 836–043–0089
Confidentiality of Information 836–043–0091
Self-Funded Plan 836–043–0101
Statutory Authority 836–043–0105
Definitions 836–043–0110
Insurer Premium Audit Program 836–043–0115
Insurer Audit Procedure Guide 836–043–0120
Minimum Standards of Insured Education Program 836–043–0125
Purpose 836–043–0130
Selection of Risks for Test Audit 836–043–0135
Test Audits 836–043–0145
Disposition of Test Audits 836–043–0150
Summary of Test Audit Results 836–043–0155
Test Audit Standards 836–043–0165
Monitoring Audit Program System 836–043–0170
Premium Audit Hearings 836–043–0175
Statutory Authority 836–043–0180
Definitions 836–043–0185
Insurer Classification Notice 836–043–0200
Statutory Authority 836–043–0210
Definitions 836–043–0220
Committee Participation 836–043–0230
Committee Operating Rules 836–043–0240
Committee Activities 836–043–0300
Qualifications for Workers’ Compensation Rating Oganizations 836–043–0310
Exchange of Data Among Workers’ Compensation Rating Organizations 836–043–0320
Competitive Selection Process
Last Updated

Jun. 8, 2021

Rule 836-043-0050’s source at or​.us