Workers Compensation Rate-Filing Rules Unchanged By Delaware HB 228


To provide clarity around the rate approval filing processes, the Delaware Compensation Rating Bureau (DCRB) is issuing this information bulletin to notify members that the recent passage of Delaware House Bill No. 228 does not impact workers compensation insurance, and thus, all filing procedures for insurer workers compensation loss cost multiplier filings remain unchanged.

HB 228, signed into law by Governor John Carney on August 31, addresses matters surrounding the growing complexity and number of insurance carrier filings with the DE Department of Insurance.

There is an important distinction for workers compensation, and has been clarified in a recent communication from the Delaware Department of Insurance. The department released Bulletin #141 which points out the confusion around the application of HB 228 for workers compensation based on the “apparent conflict between 18 Del. C. § 2506(c) and 18 Del. C. § 2610(a)(1) & (3). However, Title 18, Chapter 26 applies specifically to workers compensation rate filings, and carriers should continue to use its rate filing rules when making workers’ compensation rate filings.

The traditional filing process for carriers is still required and necessary for the expected approval of our rate and loss cost filing, anticipated in the coming weeks. When approved, the circular will reiterate this filing process and this recent communication that reaffirms this process.

The DCRB remains committed to assisting our members in navigating regulatory changes and ensuring that members remain compliant with Delaware state law.