Okla. Stat. tit. 85A, § 85A-95
This is the official text of Okla. Stat. tit. 85A, § 85A-95, part of Oklahoma’s Stat. tit. 85A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 85A,." Browse the sections below, each linked to its official government source.
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Deductibles
Official statutory text
A. On approval by the Insurance Commissioner, and following the
adoption of such rules as the Insurance Commissioner deems
necessary, each insurer issuing a policy under this act shall offer,
as a part of the policy or as an optional endorsement to the policy,
deductibles optional to the policyholder for benefits payable under
this act. Deductible amounts offered shall be fully disclosed to
the prospective policyholder in writing. The policyholder
exercising the deductible option shall choose only one deductible
amount.
B. Optional deductibles shall be offered in each policy
insuring liability for workers' compensation that is issued,
delivered, issued for delivery, or renewed under this act on or
after approval by the Insurance Commissioner, unless an insured
employer and insurer agree to renegotiate a workers' compensation
policy in effect on that date so as to include a provision allowing
for a deductible.
C. If the policyholder exercises the option and chooses a
deductible, the insured employer shall be liable for the amount of
the deductible for benefits paid for each compensable claim of work
injury suffered by an employee. The insurer shall pay all or part
Oklahoma Statutes - Title 85A. Workers' Compensation Page 113
of the deductible amount, whichever is applicable to a compensable
claim, to the person or medical provider entitled to the benefits
conferred by this act and seek reimbursement from the insured
employer for the applicable deductible amount. The payment or
nonpayment of deductible amounts by the insured employer to the
insurer shall be treated under the policy insuring the liability for
workers' compensation in the same manner as payment or nonpayment of
premiums.
D. If the Insurance Commissioner determines it to be feasible,
and under such rules as he or she may adopt, premium reduction for
deductibles may be determined before the application of any
experience modification, premium surcharge, or premium discounts,
and, to the extent that an employer's experience rating or safety
record is based on benefits paid, money paid by the insured employer
under a deductible as provided in this section may not be included
as benefits paid so as to harm the experience rating of the
employer.
E. This section shall not apply to employers who are approved
to self-insure against liability for workers' compensation or group
self-insurance funds for workers' compensation.
adoption of such rules as the Insurance Commissioner deems
necessary, each insurer issuing a policy under this act shall offer,
as a part of the policy or as an optional endorsement to the policy,
deductibles optional to the policyholder for benefits payable under
this act. Deductible amounts offered shall be fully disclosed to
the prospective policyholder in writing. The policyholder
exercising the deductible option shall choose only one deductible
amount.
B. Optional deductibles shall be offered in each policy
insuring liability for workers' compensation that is issued,
delivered, issued for delivery, or renewed under this act on or
after approval by the Insurance Commissioner, unless an insured
employer and insurer agree to renegotiate a workers' compensation
policy in effect on that date so as to include a provision allowing
for a deductible.
C. If the policyholder exercises the option and chooses a
deductible, the insured employer shall be liable for the amount of
the deductible for benefits paid for each compensable claim of work
injury suffered by an employee. The insurer shall pay all or part
Oklahoma Statutes - Title 85A. Workers' Compensation Page 113
of the deductible amount, whichever is applicable to a compensable
claim, to the person or medical provider entitled to the benefits
conferred by this act and seek reimbursement from the insured
employer for the applicable deductible amount. The payment or
nonpayment of deductible amounts by the insured employer to the
insurer shall be treated under the policy insuring the liability for
workers' compensation in the same manner as payment or nonpayment of
premiums.
D. If the Insurance Commissioner determines it to be feasible,
and under such rules as he or she may adopt, premium reduction for
deductibles may be determined before the application of any
experience modification, premium surcharge, or premium discounts,
and, to the extent that an employer's experience rating or safety
record is based on benefits paid, money paid by the insured employer
under a deductible as provided in this section may not be included
as benefits paid so as to harm the experience rating of the
employer.
E. This section shall not apply to employers who are approved
to self-insure against liability for workers' compensation or group
self-insurance funds for workers' compensation.
Status: in_force · Read it on the official government site
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