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TITLE 28INSURANCE
PART 1TEXAS DEPARTMENT OF INSURANCE
CHAPTER 11HEALTH MAINTENANCE ORGANIZATIONS
SUBCHAPTER CAPPLICATION FOR CERTIFICATE OF AUTHORITY
RULE §11.204Contents

    (A) an HMO other than an HMO offering a Children's Health Insurance Program (CHIP) plan to any current or prospective group contract holder and current or prospective enrollee of the applicant under Insurance Code §§843.201 (concerning Disclosure of Information About Health Care Plan Terms), 843.078 (concerning Contents of Application), and 843.079 (concerning Contents of Application; Limited Health Care Service Plan), and §11.1600 of this title (relating to Information to Prospective and Current Contract Holders and Enrollees);

    (B) an HMO offering a CHIP plan in the form of the member handbook, for information only, together with a certification from the HMO that the handbook has been approved by the Texas Health and Human Services Commission and a copy of the document approving the handbook;

  (19) network configuration information for each of the HMO's physician or provider networks, including limited provider networks, along with:

    (A) maps for each product type demonstrating the location and distribution of the physician, dentist, and provider network within the proposed service area by county, with each specialty represented in one map that includes the radii mileage requirements described in §11.1607 of this title (relating to Accessibility and Availability Requirements);

    (B) lists for each product type of credentialed and contracted physicians, dentists, and individual providers, in an Excel-compatible format, specifying:

      (i) last name;

      (ii) first name;

      (iii) business address;

      (iv) the municipality in which the facility is located or county in which the facility is located if the facility is in the unincorporated area of the county;

      (v) state;

      (vi) county;

      (vii) telephone number;

      (viii) Texas license number;

      (ix) specialty;

      (x) name of the HMO contracted facility, including hospital(s), in which the physician or individual provider has privileges;

      (xi) date of last credentialing or recredentialing; and

      (xii) an indication of whether they are accepting new patients;

    (C) lists for each product type of credentialed and contracted facilities, including hospitals, in an Excel-compatible format, specifying:

      (i) name of facility;

      (ii) business address;

      (iii) the municipality in which the facility is located or county in which the facility is located if the facility is in the unincorporated area of the county;

      (iv) state;

      (v) county;

      (vi) telephone number;

      (vii) type of facility;

      (viii) name of national accrediting body, if applicable; and

      (ix) date of last credentialing or recredentialing;

    (D) for each facility listed under subparagraph (C) of this paragraph:

      (i) create separate headings under the facility name for radiologists, anesthesiologists, pathologists, emergency department physicians, neonatologists, and assistant surgeons;

      (ii) under each heading described by clause (i) of this subparagraph, list each preferred facility-based physician practicing in the specialty corresponding with that heading;

      (iii) for the facility and each facility-based physician described by clause (ii) of this subparagraph, clearly indicate each health benefit plan issued by the HMO that may provide coverage for the services provided by that facility, physician, or facility-based physician group;

      (iv) for each facility-based physician described by clause (ii) of this subparagraph, include the name, street address, telephone number, and any physician group in which the facility-based physician practices;

      (v) include the facility in a listing of all facilities and indicate each health benefit plan issued by the HMO that may provide coverage for the services provided by the facility; and

      (vi) the list must list each facility-based physician individually and, if a physician belongs to a physician group, also as part of the physician group;

  (20) a written description of the types of compensation arrangements, such as compensation based on fee-for-service arrangements, risk-sharing arrangements, or capitated risk arrangements, made or to be made with physicians and providers in exchange for the provision of or the arrangement to provide health care services to enrollees, including any financial incentives for physicians and providers; provided that such compensation arrangements are confidential under Insurance Code §843.078(l) and not subject to Government Code Chapter 552 (concerning Public Information);

  (21) documentation demonstrating that the applicant will pay for emergency care services performed by non-network physicians or providers as provided by Insurance Code §1271.155 (concerning Emergency Care);

  (22) a description of the procedures by which:

    (A) a member handbook and materials relating to the complaint and appeal process and the independent review process will be provided to enrollees in languages other than English, in compliance with Insurance Code §843.205 (concerning Member's Handbook; Information About Complaints and Appeals); and

    (B) access to a member handbook and materials relating to the complaint and appeal process and the independent review process will be provided to an enrollee who has a disability affecting communication or reading, in compliance with Insurance Code §843.205;

  (23) notification of the physical address in Texas of all books and records described in §11.205 of this title (relating to Additional Documents to be Available for Review);

  (24) a description of the HMO's information systems, management structure, and personnel that demonstrates the applicant's capacity to meet the needs of enrollees and contracted physicians and providers, and to meet the requirements of regulatory and contracting entities;

  (25) a written description of the utilization management and utilization review program;

  (26) the URA name and certificate or registration number if the applicant performs utilization review under Insurance Code Chapter 4201 (concerning Utilization Review Agents) and Chapter 19, Subchapter R, of this title (relating to Utilization Reviews for Health Care Provided Under a Health Benefit Plan or Health Insurance Policy), or the URA name and certificate number of the certified URA that will perform utilization review on behalf of the applicant if the applicant delegates utilization review;

  (27) complaint and appeal procedures, templates of letters, and logs, including the complaint log, which must categorize each complaint using the following categories and noting all that are applicable to the complaint:

    (A) quality of care or services;

    (B) accessibility and availability of services;

    (C) utilization review or management;

    (D) complaint procedures;

    (E) physician and provider contracts;

    (F) group subscriber contracts;

    (G) individual subscriber contracts;

    (H) marketing;

    (I) claims processing; and

    (J) miscellaneous; and

  (28) documentation of claim systems and procedures that demonstrates the HMO's ability to pay claims timely and comply with applicable claim payment statutes and rules.


Source Note: The provisions of this §11.204 adopted to be effective August 1, 2017, 42 TexReg 2169; amended to be effective March 30, 2021, 46 TexReg 2036

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