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TITLE 28INSURANCE
PART 1TEXAS DEPARTMENT OF INSURANCE
CHAPTER 21TRADE PRACTICES
SUBCHAPTER AACONSUMER CHOICE HEALTH BENEFIT PLANS
DIVISION 1GENERAL PROVISIONS
RULE §21.3502Definitions

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

  (1) Basic health care services--Health care services that the commissioner determines an enrolled population might reasonably need to maintain good health.

  (2) Commissioner--The commissioner of insurance.

  (3) Consumer choice health benefit plan--A group or individual accident or sickness insurance policy or evidence of coverage that, in whole or in part, does not offer or provide state-mandated health benefits, but that provides creditable coverage as defined by Insurance Code §1205.004(a) or §1501.102(a).

  (4) Consumer choice of benefits health insurance plan--A consumer choice health benefit plan.

  (5) Department--The Texas Department of Insurance.

  (6) HMO--a person defined in Insurance Code §843.002(14).

  (7) Health carrier--Any entity authorized under the Insurance Code or another insurance law of this state that provides health benefits in this state, including an insurance company, a group hospital service corporation under the Insurance Code Chapter 842, an HMO under the Insurance Code Chapter 843, and a stipulated premium company under the Insurance Code Chapter 884.

  (8) Health insurer--Any entity authorized under the Insurance Code or another insurance law or regulation of this state that provides health insurance or health benefits in this state, including an insurance company, a group hospital service corporation under Chapter 842 of the Insurance Code, and a stipulated premium company under Chapter 884 of the Insurance Code.

  (9) Standard health benefit plan--A consumer choice health benefit plan.

  (10) State-mandated health benefits--

    (A) Coverage required under the Insurance Code, the Administrative Code, or other law of this state to be provided in an individual, blanket, or group policy for accident and health insurance, a contract for coverage of a health-related condition, or an evidence of coverage that:

      (i) includes coverage for specific health care services or benefits;

      (ii) places limitations or restrictions on deductibles, coinsurance, copayments, or any annual or lifetime maximum benefit amounts, including limitations provided in Insurance Code §1271.151; or

      (iii) includes a specific category of licensed health care practitioner from whom an insured or enrollee is entitled to receive care.

    (B) Do not include benefits or coverage mandated by federal law, or standard provisions or rights required under the Insurance Code, the Administrative Code, or other law of this state, to be provided in an individual, blanket, or group policy for accident and health insurance, a contract for coverage of a health-related condition, or an evidence of coverage unrelated to specific health illnesses, injuries, or conditions of an insured or enrollee, including those benefits or coverages enumerated in Insurance Code §1507.003(b) and §1507.053(b).


Source Note: The provisions of this §21.3502 adopted to be effective June 2, 2004, 29 TexReg 5101; amended to be effective October 4, 2009, 34 TexReg 6645; amended to be effective May 28, 2017, 42 TexReg 2730

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