Bill Text: AZ SB1016 | 2012 | Fiftieth Legislature 2nd Regular | Chaptered
Bill Title: Workers' compensation; methods of compensation
Sponsorship: Partisan Bill (Republican 3)
Status: (Passed) 2012-03-13 - Governor Signed [SB1016 Detail]
Download: Arizona-2012-SB1016-Chaptered.html
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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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CHAPTER 12
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SENATE BILL 1016 |
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AN ACT
amending sections 23‑986 and 23-1062, Arizona Revised Statutes; relating to workers' compensation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 23-986, Arizona Revised Statutes, is amended to read:
23-986. Applicability of title 20 to fund; exemption of other statutory provisions; insufficient assets; insurance director duties
A. Unless otherwise provided by law, title 20 and the rules adopted by the director of insurance relating to the transaction of insurance apply to the state compensation fund to the same extent as any mutual casualty insurer authorized to write workers' compensation insurance in this state.
B. The marketing representatives of the state compensation fund shall obtain a license from the director of insurance. The marketing representatives of the state compensation fund may not be licensed to sell any other type of insurance other than workers' compensation insurance.
C. If upon examination pursuant to section 20‑156, or at any other time, it is the opinion of the director of insurance that the state compensation fund is not possessed of assets at least equal to all liabilities and required reserves together with the minimum required basic surplus and free surplus required of a mutual casualty insurer by title 20, or that its condition is such as to render the continuance of its business hazardous to the public or to the holders of its policies or certificates of insurance, the director of insurance shall do both of the following:
1. Notify the manager and chairman of the board of directors of the director's determination.
2. Furnish the state compensation fund with a written list of the director's recommendations to abate the director's determination.
D. The state compensation fund has sixty days from the date of notice within which to comply with the recommendations of the director of insurance. If the state compensation fund fails to comply within such time, the director of insurance shall notify the governor, the president of the senate and the speaker of the house of representatives of the recommendations of the director of insurance which were not complied with by the state compensation fund.
E. The operations, transactions and affairs of the state compensation fund are exempt from the following provisions:
1. Title 35.
2. Title 38, chapter 4.
3. Title 39, chapter 1, article 1.
4. Title 41, chapter 1, article 2.1.
5. Title 41, chapter 3.1.
6. Title 41, chapter 4.
7. Title 41, chapter 39.
Sec. 2. Section 23-1062, Arizona Revised Statutes, is amended to read:
23-1062. Medical, surgical, hospital benefits; commencement of compensation; method of compensation
A. Promptly, upon on notice to the employer, every injured employee shall receive medical, surgical and hospital benefits or other treatment, nursing, medicine, surgical supplies, crutches and other apparatus, including artificial members, reasonably required at the time of the injury, and during the period of disability. Such benefits shall be termed "medical, surgical and hospital benefits."
B. The first installment of compensation is to be paid no later than the twenty‑first day after written notification by the commission to the carrier of the filing of a claim except where the right to compensation is denied. Thereafter, compensation shall be paid at least once each two weeks during the period of temporary total disability and at least monthly thereafter. Compensation shall not be paid for the first seven days after the injury. If the incapacity extends beyond the period of seven days, compensation shall begin on the eighth day after the injury, but if the disability continues for one week beyond such seven days, compensation shall be computed from the date of the injury.
C. Compensation shall be made by negotiable instrument, payable immediately upon on demand or, at the election of the employee and if offered by the employer or carrier, by another commonly accepted method for transferring money by banking institutions, including electronic fund transfers to the employee's account or a prepaid debit card account that is established for the purpose of making direct electronic payment to the employee.
APPROVED BY THE GOVERNOR MARCH 13, 2012.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 13, 2012.
