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TITLE 28INSURANCE
PART 1TEXAS DEPARTMENT OF INSURANCE
CHAPTER 11HEALTH MAINTENANCE ORGANIZATIONS
SUBCHAPTER AADELEGATED ENTITIES
RULE §11.2604Delegation Agreements - General Requirements and Information to be Provided to HMO

    (B) the period that claims and any other obligations for health care filed with the delegated entity, under this and any other delegation agreements to which the delegated entity is a party, have been pending but remain unpaid, divided into categories of 0-to-45 days, 46-to-90 days, and 91-or-more days. The summary must include aggregate information for all delegation agreements entered into by the delegated entity and information for the specific delegation agreement entered into between the parties;

    (C) the aggregate dollar amount of claims and other obligations for health care owed by the delegated entity to any physician or provider, including estimates for incurred but not reported obligations;

    (D) information that the HMO requires in order to file claims for reinsurance, coordination of benefits, and subrogation; and

    (E) documentation, except for information, documents, and deliberations related to peer review that are confidential or privileged under Occupations Code, Chapter 160, Subchapter A, (concerning Requirements Relating to Medical Peer Review), that relates to:

      (i) any regulatory agency's inquiry or investigation of the delegated entity or of an individual physician or provider with whom the delegated entity contracts that relates to an enrollee of the HMO; and

      (ii) the final resolution of any regulatory agency's inquiry or investigation;

  (21) a provision relating to enrollee complaints that requires the delegated entity to ensure that on receipt of a complaint, as defined in Insurance Code Chapter 843 and other applicable insurance laws and regulations of this state, a copy of the complaint must be sent to the HMO within two business days, except that in a case in which a complaint involves emergency care, as defined in Insurance Code Chapter 843 and other applicable insurance laws and regulations of this state, the delegated entity must forward the complaint immediately to the HMO, provided that nothing in this paragraph prohibits the delegated entity from attempting to resolve a complaint;

  (22) a provision that the HMO, the delegated entity, and any delegated third party must comply with the provisions of Chapter 22 of this title (relating to Privacy);

  (23) a provision identifying an officer of the HMO as the representative of the HMO for all matters related to the delegation agreement; and

  (24) a provision identifying which party to the agreement will bear the expense of compliance with each requirement set forth in this subsection, including the cost of any examinations performed under this subchapter.


Source Note: The provisions of this §11.2604 adopted to be effective August 1, 2017, 42 TexReg 2169

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