As a POC service provider NCCI’s approach is to provide guidance to carriers on proof of coverage reporting guidelines. This guide is not intended to provide carrier notice to insured filing requirements. All information provided in this guide is subject to change and dependent on notification from the state. Please refer to the applicable Workers Compensation Statutes or Rules for additional information. |
| NCCI POC Service Start Date | January 1, 2006 |
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POC Contact Information |
Kentucky Department of Workers Claims (DWC)
657 Chamberlin Avenue
Frankfort, KY 40601
Contact Name: Howard Lawson
Tel:
502-782-4486
Fax:
502-564-0916
Email:
HowardC.Lawson@ky.gov
Web:
www.labor.ky.gov/comp |
| How NCCI Provides POC Data to State | - IAIABC POC 2.1 Format
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Proof of Coverage Inquiry
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Data providers must submit the
authorization form (PDF) to NCCI for this service in order for NCCI to forward this data to the DWC.
Data providers writing workers compensation policies in Kentucky for the first time must complete the necessary Electronic Data Interchange Trading Partner forms found at:
https://labor.ky.gov/comp/edi/Pages/Proof-of-Coverage-(POC).aspx |
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POC Timeliness Reporting Requirements |
| Transaction Received Date | NCCI’s received date is used to determine timeliness on POC transactions accepted by the state. |
| Policies | Due within 10 days after the Policy Effective Date. POC Notices may be submitted if the policy will not be issued within 10 days after the Policy Effective Date. This does not eliminate the need to submit the policy. The binder will automatically cancel 90 days after the effective date if a full policy has not been accepted. |
| Cancellations | Cancellations must not be received by the Kentucky DWC more than 75 days prior to the effective date of the cancellation. |
| Reinstatements | Due within 10 days after the Reinstatement Effective Date. The Reinstatement Effective Date must fall between the Policy Effective Date and the Cancellation Effective Date—no lapse of coverage allowed. |
| Nonrenewals | Kentucky is a continuous coverage state. Nonrenewals are required and must not be received by the Kentucky DWC more than 75 days prior to the effective date of the nonrenewal. |
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POC Data Reporting Requirements |
Data Elements: -
Industry Code—A valid 2012, 2017, or 2022 North American Industry Classification System (NAICS) code must be reported
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Number of Employees—Must be reported on Address Type Codes 1 and 2
- Refer to the POC Data Element Requirements Chart located in NCCI’s
Policy and Proof of Coverage (POC) Reporting Guidebook for all requirements
Address Reporting—No Physical Location: - When there is no physical location in the state, Kentucky will accept Employer Names linked to:
- Address Type 2—Location of Operations with an Out-of-State Address reported with State Code Link 16
- Kentucky does not accept Employer Names linked to Address Type 6—No Physical Location
- If the Employer Name is different from the Primary Insured Name, then the employer should be reported with the insured’s out-of-state address
State Processing Exceptions: - A Policy Effective Date cannot be changed to a future date.
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POC Penalties & Appeals |
| POC Fines | The Kentucky DWC compliance requirements maintain that POC must be filed within 10 days after the issuance of a new or renewal policy. The criteria used to determine timeliness follows: - <= 10 days between Policy Effective Date and date of receipt by the Kentucky DWC—TIMELY
- > 10 days between Policy Effective Date and date of receipt by the Kentucky DWC—UNTIMELY
The state penalty amounts will not be less than $100 nor more than $1,000 for each offense. |
| Appeals | If, within 15 days from the receipt of a penalty/citation, a cited party fails to notify the Kentucky DWC that it intends to contest the penalty/citation, the penalty/citation will be deemed final. If a cited party notifies the Kentucky DWC that it intends to challenge the penalty/citation issued, a show cause will be scheduled with the DWC general counsel and commissioner. |
Disclaimer:
This guide is comprised of materials and information which are proprietary to NCCI and are protected by United States and international copyright and other intellectual property laws. This guide is provided solely as a reference tool to be used for the limited purpose of providing information to carriers regarding the reporting of proof of coverage information in various states. The information in this guide shall not be construed or interpreted as providing of legal or any other advice as to the cancellation, renewal or nonrenewal of an insurance policy or contract. Use of this guide for any purpose other than as set forth herein is strictly prohibited. The guide is furnished “As Is” and includes information available at the time of publication only. NCCI makes no representations or warranties of any kind relating to this guide, and expressly disclaims any and all express, statutory, or implied warranties including the implied warranty of merchantability and fitness for a particular purpose. Additionally, you assume responsibility for the use of, and for any and all results, conclusions, analyses, or decisions developed, derived or obtained as a result of this guide and NCCI does not endorse, approve, or otherwise acquiesce in your actions, results, analyses, or decisions, nor shall NCCI have any liability thereto. |
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