CHAPTER 348

FORMERLY

HOUSE BILL NO. 430

AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO WORKERS COMPENSATION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend § 2607, Title 18 of the Delaware Code, by deleting subsection (c) thereof in its entirety and by inserting in lieu thereof the following:

“(c) Every workers’ compensation insurer shall adhere to a uniform classification system and uniform experience rating plan that has been filed with the Commissioner by the advisory organization and approved by the Commissioner; provided, however that:

(1) an insurer may develop subclassifications within the uniform classification system for which a rate or rates may be made;

(2) any subclassification developed under paragraph (1) of this subsection shall be filed with the advisory organization and the Commissioner thirty days prior to use; and

(3) if the insurer fails to demonstrate that the data produced under a subclassification can be reported in a manner consistent with the advisory organization’s uniform statistical plan and classification system, the Commissioner shall disapprove the subclassification.”

Approved July 12, 2004