Louisiana § RS 23:1399 - Duties of the board

§ RS 23:1399. Duties of the board

A.(1)  The board shall mandate the solvency of the corporation and shall insure that it establishes funded reserves, establishes an operating account in accordance with the provisions of this Part, and that the corporation is self-supporting.

(2)  The corporation shall adopt bylaws no later than six months after its formation to assure the fair, reasonable, and efficient servicing of workers' compensation insurance policies and other matters necessary or advisable to carry into effect the provisions of this Part.

(3)  To insure the corporation's solvency, the board, in formulation of its bylaws, procedures, and reserving policies shall use generally accepted actuarial practices and procedures as set forth in the Statement of Principles Regarding Property and Casualty Loss and Loss Adjustment Expense Reserves of the Casualty Actuarial Society.

(4)  The board shall require the use of policies or other forms filed with and approved by the insurance commissioner.

(5)  The board may accept the loan, pledge, or donation of funds, credit, property, or things of value of the state or any other entity, except as limited by Article XII, Section 8.1(B)(1) of the Constitution of Louisiana.

B.(1)  The board shall appoint a manager of the corporation who shall be in charge of the day-to-day operation of the corporation.

(2)  The board shall set the compensation for the manager, and he shall serve at the pleasure of the board.

(3)  The board shall require the manager to have proven successful experience as an executive at the general management level and in the field of workers' compensation insurance.

(4)  The board shall require the manager to be a full-time employee of the corporation who shall not accept or engage in additional employment of any kind.

(5)  The board shall require the manager to give an official bond, to be filed with the secretary of state, in an amount and with sureties approved by the board.

C.  The board shall require the manager to take the following corporate actions:

(1)  Conduct safety inspections for workplace risks.

(2)  Furnish advisory services and assistance to policyholders in the formation and implementation of safety programs or other measures.

(3)  Make rules for the settlement of claims, including an emphasis on rehabilitation and return to the workplace by a rehabilitated employee, not in conflict with any provision of Title 23 of the Louisiana Revised Statutes of 1950.

(4)  Contract with health care providers for cost containment purposes for the treatment and care of employees entitled to benefits under a policy issued by the corporation.

(5)  Obtain whatever actuarial, legal, and accounting services that are necessary for the successful operation of the corporation.

D.  The board may require the manager to take the following corporate actions:

(1)  Enter into contracts for workers' compensation insurance.

(2)  Reinsure any risk or a part of a risk.

(3)  Cause the payrolls of policyholders and applicants for insurance to be inspected and audited.

(4)  Contract with vendors for provision of various services as needed by the corporation.

Acts 1991, No. 814, §1; eff. Nov.  20, 1991; Acts 1992, No. 374, §1.