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 :

“(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