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RULE §10.63Plain Language Requirements

(a) The notice of network requirements and employee information form and acknowledgment form required by Insurance Code §1305.451 and §10.60 of this subchapter (relating to Notice of Network Requirements; Employee Information) shall be written in plain language and comply with the following requirements:

  (1) the text shall achieve a minimum level of readability which may not be more difficult than the equivalent of a ninth grade reading level as measured by the Flesch reading ease test, a test referenced in the list of standardized tests contained in §3.3092(c)(1) of this title (relating to Format, Content, and Readability for Outline of Coverage), or other standardized test as approved by the department;

  (2) the form shall be printed in not less than 12-point type;

  (3) the form shall be appropriately divided and captioned in a meaningful sequence such that each section contains an underlined, boldfaced, or otherwise conspicuous title or caption at the beginning of the section that indicates the nature of the subject matter included in or covered by the section; and

  (4) the form shall be written in a clear and coherent manner and wherever practical, words with common and everyday meanings shall be used to facilitate readability.

(b) The notice of network requirements and employee information form described at §10.22(18) of this chapter (relating to Contents of Application) shall be filed with the department in accordance with §10.21 of this chapter (relating to Certificate Application) and shall be accompanied by a certification signed by an officer or other authorized representative of the network stating the reading level of the form, the standardized test utilized to determine the reading level, and that the form meets or exceeds the minimum readability standards established by the commissioner. To confirm the accuracy of any certification, the commissioner may require the submission of additional information.

Source Note: The provisions of this §10.63 adopted to be effective December 5, 2005, 30 TexReg 8099

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