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TITLE 28INSURANCE
PART 1TEXAS DEPARTMENT OF INSURANCE
CHAPTER 13MISCELLANEOUS INSURERS AND OTHER REGULATED ENTITIES
SUBCHAPTER FPROFESSIONAL EMPLOYER ORGANIZATIONS SPONSORING SELF-FUNDED EMPLOYEE HEALTH BENEFIT PLANS
DIVISION 2APPLICABILITY OF INSURANCE CODE AND ADMINISTRATIVE CODE PROVISIONS
RULE §13.523Applicable Insurance Code Provisions

  (79) Insurance Code Chapter 1366, concerning Benefits Related to Fertility and Childbirth;

  (80) Insurance Code Chapter 1367, concerning Coverage of Children;

  (81) Insurance Code Chapter 1368, concerning Availability of Chemical Dependency Coverage;

  (82) Insurance Code Chapter 1369, concerning Benefits Related to Prescription Drugs and Devices and Related Services;

  (83) Insurance Code Chapter 1370, concerning Certain Tests for Detection of Human Papillomavirus, Ovarian Cancer, and Cervical Cancer;

  (84) Insurance Code Chapter 1371, concerning Coverage for Certain Prosthetic Devices, Orthotic Devices, and Related Services;

  (85) Insurance Code Chapter 1376, concerning Certain Tests for Early Detection of Cardiovascular Disease;

  (86) Insurance Code Chapter 1377, concerning Coverage for Certain Amino Acid-Based Elemental Formulas;

  (87) Insurance Code Chapter 1379, concerning Coverage for Routine Patient Care Costs for Enrollees Participating in Certain Medical Trials;

  (88) Insurance Code Chapter 1451, concerning Access to Certain Practitioners and Facilities;

  (89) Insurance Code Chapter 1453, concerning Disclosure of Reimbursement Guidelines under Managed Care Plan;

  (90) Insurance Code Chapter 1454, concerning Equal Health Care for Women;

  (91) Insurance Code Chapter 1455, concerning Telemedicine and Telehealth;

  (92) Insurance Code Chapter 1456, concerning Disclosure of Provider Status;

  (93) Insurance Code Chapter 1460, concerning Standards Required Regarding Certain Physician Rankings by Health Benefit Plans;

  (94) Insurance Code Chapter 1467, concerning Out-of-Network Claim Dispute Resolution;

  (95) Insurance Code Chapter 1501, Subchapter A, concerning General Provisions;

  (96) Insurance Code Chapter 1501, Subchapter C, concerning Provision of Coverage;

  (97) Insurance Code Chapter 1501, Subchapter M, concerning Large Employer Health Benefit Plans;

  (98) Insurance Code Chapter 1502, concerning Health Benefit Plans for Children;

  (99) Insurance Code Chapter 1503, concerning Coverage of Certain Students;

  (100) Insurance Code Chapter 1504, concerning Medical Child Support;

  (101) Insurance Code Chapter 1507, Subchapter A, concerning Consumer Choice of Benefits Health Insurance Plans;

  (102) Insurance Code Chapter 1653, concerning High Deductible Health Plan;

  (103) Insurance Code Chapter 1661, concerning Information Technology;

  (104) Insurance Code Chapter 1701, concerning Policy Forms;

  (105) Insurance Code Chapter 4201, concerning Utilization Review Agents; and

  (106) Insurance Code Chapter 4202, concerning Independent Review Organizations.

(b) Approved PEO as insurer; client as policyholder. For purposes of applying provisions addressing refunds of unearned premiums in Insurance Code Chapter 558, an approved PEO is the equivalent of an insurer, and the approved PEO's client is the equivalent of a policyholder.

(c) Client as plan sponsor. For purposes of applying Insurance Code Chapter 1215, a client is the equivalent of a plan sponsor as defined by Insurance Code §1215.001, concerning Definitions.

(d) Approved PEO as insurer and employer. For purposes of applying Insurance Code Chapter 1251, Subchapters E, F, and G, an approved PEO is the equivalent of both an insurer and an employer.

(e) Approved PEO as insurer; client as group policyholder. For purposes of applying Insurance Code §1301.0061, an approved PEO is the equivalent of an insurer, and the approved PEO's client is the equivalent of a group policyholder.

(f) Approved PEO as employer. For purposes of applying provisions addressing required offers of coverage in Insurance Code Title 8, Subtitle E, concerning Benefits Payable under Health Coverages, an approved PEO is the equivalent of an employer entitled to elect or decline an offer of coverage required by the Insurance Code.

(g) Approved PEO as carrier; client as policyholder. For purposes of applying Insurance Code Chapter 1501, Subchapter A, an approved PEO is the equivalent of a health insurance carrier, and the approved PEO's client is the equivalent of a policyholder.

(h) Approved PEO as large employer issuer; client as employer. For purposes of applying Insurance Code Chapter 1501, Subchapter C, an approved PEO is the equivalent of a large employer health benefit plan issuer, and the approved PEO's client is the equivalent of an employer.

(i) Approved PEO as issuer; client as group contract holder. For purposes of applying provisions in Insurance Code Chapter 1365 addressing required offers of coverage, an approved PEO is the equivalent of a group health benefit plan issuer, and the approved PEO's client is the equivalent of a group contract holder.


Source Note: The provisions of this §13.523 adopted to be effective May 17, 2016, 41 TexReg 3479

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