§386-100 Deductible option for medical benefits in
insurance policy. (a) Each workers' compensation insurance policy issued by every
insurer shall offer, at the option of the insured employer, a deductible for medical benefits in the
amount of $100, $150, $200, $300, $400, $500, $2,500, $5,000, or $10,000, or greater if agreed
upon by the insurer and the insured employer. The insured employer, if choosing to exercise the
option, shall choose only one of the amounts as the deductible. The provisions of this subsection
shall be fully disclosed to the prospective purchaser in writing.
(b) If an insured employer exercises the option and chooses a deductible, the insured
employer shall be liable for the amount of the deductible for the medical benefits paid for each
claim of work injury suffered by an injured employee. The insurer shall not be liable for the
deductible.
The insurer shall pay the entire cost of medical bills directly to the provider of services and
then seek reimbursement from the insured for the deductible amount.
Deductible medical benefit amounts shall be reported by insurers as required by section 386-95 and shall be included in the total average annual
compensation paid by all insurance carriers in determining the charge against employers not
insured under section 386-121 (a)(1) for the purpose
of the special compensation fund. [L 1985, c 296, §13; am L 1989, c 243, §1; am L
1995, c 234, §17]