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REFERENCE TITLE: worker's compensation; notice; fraud; commission |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 2680 |
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Introduced by Representatives Hernandez A: Aguilar, Austin, Cavero, Contreras L, Contreras P, Gutierrez, Hernandez C, Hernandez L, Liguori, Luna-Nájera, Travers, Tsosie, Wilmeth; Senator Gonzales
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AN ACT
amending title 23, chapter 6, article 1, arizona revised statutes, by adding section 23-911; relating to workers' compensation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 23, chapter 6, article 1, Arizona Revised Statutes, is amended by adding section 23-911, to read:
23-911. Workers' compensation; proof of insurance; public database; notice; definition
A. The commission shall generate and maintain a publicly accessible
database that contains an employer's workers' compensation information, and the database must include all of the following:
1. The name of the person that is insured.
2. The name of the insurer.
3. The expiration date of the policy.
B. The commission shall maintain a record of the workers' compensation policies sold by each insurance broker or agent.
C. An insurer that is licensed or certified in this state shall provide both of the following to the commission:
1. A copy of the declaration page for each workers' compensation policy for inclusion on the database.
2. The name of the insurance broker or agent that sold the workers' compensation policy.
D. A declaration page shall include all of the following:
1. A quick-response code that directs a user to the database as prescribed in subsection A of this section.
2. The number of employees that are employed by the insured.
3. The estimated payroll amount per employee classification.
E. On notice by an insurer, the commission shall investigate allegations of workers' compensation or premium insurance fraud of an insured.
F. If an insurer issues a zero estimated exposure policy, the zero estimated exposure policy shall include a statement signed by the applicant that attests to the accuracy of the information provided in the application and that the applicant has no employees and an estimated exposure of zero, as follows:
I attest that the information provided on this application is current, true, correct, accurate and complete to the best of my knowledge and belief. I further attest that I do not have any employees and an estimated exposure of zero. If I employ an employee during the policy period, I will provide written notification to my workers' compensation insurer of the employment within sixty days and will include the estimated payroll and classification codes of the new employee. I understand that an intent to defraud or any omission or misrepresentation contained in this application is unlawful.
G. If an employer that provides business construction and improvement services obtains a zero estimated exposure policy, the employer shall provide to each entity that the employer directly contracts with a copy of the policy and written notification that states that the employer has a total estimated exposure of zero. An entity that receives written notice under this subsection shall retain the notice and the policy for at least three years after the date of receipt.
H. For the purposes of this section, "Zero estimated exposure policy" means an insurance policy that is obtained by an employer to cover the employer's liability to pay compensation after the employer reports a total estimated exposure of zero.
Sec. 2. Applicability
Section 23-911, Arizona Revised Statutes, as added by this act, applies to contracts that are entered into on or after the effective date of this act.