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TITLE 28INSURANCE
PART 1TEXAS DEPARTMENT OF INSURANCE
CHAPTER 11HEALTH MAINTENANCE ORGANIZATIONS
SUBCHAPTER AADELEGATED ENTITIES
RULE §11.2608Department May Order Corrective Action

(a) The department may require at any time that a delegated entity take corrective action to comply with the department's statutory and regulatory requirements that:

  (1) relates to any matters delegated by the HMO to the delegated entity;

  (2) is necessary to ensure the HMO's compliance with statutory and regulatory requirements; or

  (3) relates to the financial solvency and operations of the delegated entity.

(b) The commissioner may order the HMO to take any action the commissioner determines is necessary to ensure that the HMO maintains compliance with the Insurance Code, this chapter, and other applicable insurance laws and regulations of this state, including but not limited to:

  (1) resumption of any or all functions delegated to the delegated entity, including claims processing, adjudication, and payments for health care previously rendered to enrollees of the HMO;

  (2) temporarily or permanently ceasing assignment of new enrollees to the delegated entity;

  (3) temporarily or permanently transferring enrollees to alternative delivery systems to receive health care; or

  (4) termination of the HMO's delegation agreement with the delegated entity.


Source Note: The provisions of this §11.2608 adopted to be effective August 1, 2017, 42 TexReg 2169

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