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Workers' Compensation Division (WCD)

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Cara Filsinger    503-947-7582    Proof of coverage reporting project (SB 559 Implementation) Background   The Legislature created the guaranty contract in 1965 as the way employers and insurers provide proof of workers' compensation coverage to the department. When an employer obtains workers' compensation coverage by purchasing an insurance policy from an insurer, the insurer is required to file a guaranty contract with the department. The guaranty contract is an agreement between the insurer and the state, where the insurer assumes the employer's liability for payment of compensation to injured workers. In 2007, the legislature passed Senate Bill 559 which removes the requirement for a guaranty contract filing and instead requires the insurer to provide insurance policy information to the department as the proof of workers' compensation coverage. The bill streamlines reporting requirements for insurers and eliminates an unnecessary, duplicate filing with the department. SB 559 is operative on July 1, 2009.     Sign up for project e-mail notices       Stakeholder meeting information Meeting agendas and materials from preliminary stakeholder meetings in 2007 and 2008         Project updates 1/9/08 - Industry Notice about Proof of Coverage Changes 7/31/08 - Industry Notice about insurer actions necessary for compliance with new proof of coverage law         Rules Rulemaking Advisory Committee meeting information Proposed rules filed with Secretary of State on July 15, 2008 *new         Proposed OAR 436-050         Proposed OAR 436-160 Note: Public hearing on draft rules is scheduled for August 21, 2008. Please see details in the rules documents (linked to above). Contact Fred Bruyns, Rules Coordinator, with questions about the rulemaking process, 503-947-7717.   EDI technical information *new Appendix A - Historic Policy Data File Requirements Appendix B - EDI Testing Criteria Form 4820 - Trading Partner Agreement for Guaranty Contracts after 7/1/09 Form 4821 - Oregon EDI Insurer Profile Oregon EDI Implementation Guide for Proof of Coverage - coming soon   Contact Gayle Parrish, EDI Coordinator, with questions about the EDI process, 503-947-7626.       Questions or Comments? Contact: WCD Project Sponsor - Phil Jarvis, 503-947-7600 IMD Project Manager - Karen Snipes, 503-947-7332 If you have questions about the information contained in this document, please contact Cara Filsinger, 503-947-7582.

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