TEIP Frequently Asked Questions

Eligible business enterprises?
All tribal governments, tribal enterprises and tribal housing programs are eligible for participation in TEIP. Individually-owned Native American enterprises may be eligible if the business is located on tribal trust land or land owned by the tribe and under the tribe's jurisdiction.

In Alaska, the TEIP program is only available to current members of AMERIND. We hope to make the program available to Alaska Native enterprises, village corporations and regional corporations at a later date.

If my organization is a member of AMERIND, will we be automatically enrolled in the TEIP program?
No. The TEIP program requires each participating organization to complete an application, sign an affiliate agreement and pay an enrollment fee to be eligible for the program.

How much will the program cost?
The initial cost of participating in the TEIP risk pool will be approximately the same cost as your current workers' compensation program. Seventy-five percent of your current premium will be your estimated TEIP annual contribution, and 25 percent will be the enrollment fee for the first year. In subsequent years, your contribution costs should be approximately 25 percent less than the cost of traditional workers' compensation coverage.

Does the tribe need to pass any type of ordinance to participate in TEIP?
No. The TEIP program provides a benefit schedule for lost wages, medical costs and loss of use of body parts. If a tribe has an existing ordinance for workers' compensation, the TEIP will adopt the tribe's ordinance IF the benefit levels of the tribal ordinance are equal or less than the benefit levels provided under the TEIP program. Tribes are highly encouraged to adopt a workers' compensation ordinance as an exercise of sovereignty, and the TEIP program would be an excellent model ordinance.

Does the tribe have to waive sovereignty to participate in TEIP?
No. A tribe does not have to waive sovereignty in order to participate in the TEIP program. The TEIP affiliate agreement does have a very limited waiver of sovereignty with respect to the agreement itself, but no waiver of sovereignty is required with respect to the employer/employee relationship.

As an affiliate of the TEIP risk pool, do I have any ownership in the pool, voting rights or ability to serve on the AMERIND Board of Directors?
No. Affiliates participate in the risk pool as policyholders only, and no ownership or voting rights extend to an affiliate.

How does the TEIP risk pool differ in operation from an insurance company?
The TEIP risk pool is a plan of self-insurance in which the participating customers (we refer to customers as "affiliates") share in the losses, expenses and profit of the risk pool. If losses and expenses are controlled, operating surplus is used to reduce future premiums. With traditional workers' compensation insurance, profits are given to stockholders, rates continually increase and the policyholder is forced to pay higher premiums. Risk pool participants have more control over their costs than policyholders purchasing insurance.

Are the TEIP "exclusions" the same as traditional Workman's Compensation coverage?
No. The TEIP program has a few more specific exclusions that target fraudulent claims that inflate the cost of traditional workers' compensation coverage. TEIP is designed to be a cost-effective alternative to workers' comp, and the exclusions in the TEIP program are intended to minimize fraudulent claims, while providing excellent benefits for legitimate work-related claims.

Is the program exclusive remedy, or can the employee seek additional damages?
At the time of injury, the employee can either elect to accept the benefit provided under the TEIP program or seek a remedy in a court of law. If the injured employee elects the TEIP benefit, he/she gives up the right to sue. If he/she decides to sue and loses, he/she has no rights to seek benefits under the TEIP program.

Is the TEIP program subject to state law or courts?
No. AMERIND operates the TEIP program under the sovereign jurisdiction of tribes. The program is confined to Indian Country, which includes designated Indian reservations, trust land, allotted land and land under the control of a tribe for which it has civil jurisdiction. The TEIP program requires mediation for dispute resolution as a pre-requisite to a hearing in tribal court. Alaska exception: If mediation fails in Alaska, the court of competent jurisdiction would be state court.

Why is the TEIP program less expensive than traditional workers' compensation?
Because AMERIND is a not-for-profit, tax-exempt risk pool of participating tribes, our TEIP program discounts the rates to reflect the following:

• No taxes
• No profit incentive
• No state fees
• No rating bureau fees
• No state-assigned risk or second injury fund assessments
• No insurance agency commissions
• Reduced attorney costs
• Comparable coverage with a capped limit of liability

If you withdraw from the TEIP program, are there any penalties?
No. An affiliate can withdraw from the risk pool at any time with 30 days notice of an intent to withdraw. The initial enrollment fee is non-refundable, and only the unearned portion of the annual contribution is available for recovery after withdrawal.

Who is responsible for claims administration? Underwriting?
AMERIND has engaged Berkley Risk Administrators to facilitate claims and underwriting administration for the near term. Once AMERIND is fully staffed and experienced in handling employee injury claims, we will assume the duties within AMERIND. Berkley Risk Administrators has over 15 years of experience in Indian Country administering claims processing for tribes.

Who would determine if an injury is legitimate?
Berkley Risk Administrators, under the direction of AMERIND, will investigate a claim to determine legitimacy. The employer, injured employee and other employees will be interviewed to validate questionable claims. It is not the intent of the TEIP program to deny claims made by injured employees. It is our intent to validate that the injury occurred on the job.

Who picks the physician we can see?
The employer always has the right to direct the injured employee to a specific doctor or clinic. If not so directed by the employer, the employee can select the doctor or clinic for the appropriate health care.

Will the program negotiate fees for services by the physicians?
Over time, AMERIND will negotiate fee schedules with local area doctors or clinics serving injured employees of participating employers in the TEIP program. This will occur as we gain experience and knowledge in the program. For now, we will use the schedule of medical costs that traditional workers' compensation insurers use.

Will one or two claims increase our rates?
Expected claims activity should not raise your rates or initiate cancellation of your coverage. Higher than expected claims will require an adherence to AMERIND recommended loss prevention programs. Failure to control your claims over time will either lead to increased contributions or expulsion from the program. A risk pool is designed to save participants money and to control costs. To this extent, all participants in the TEIP risk pool will be encouraged to have a safe environment for employees and to adhere to recommendations by AMERIND to maintain a safe work environment.