| (a) Except as provided by subsections (b) and (c) of
this section, members of the stakeholder advisory group designated
under Insurance Code §38.403(b)(2) - (4), concerning Stakeholder
Advisory Group, serve fixed terms of three years.
(b) Initial terms of the stakeholder advisory group
will end December 31, 2024.
(c) Subsequent designations of the stakeholder advisory
group will begin January 1, 2025, and will be staggered as follows:
(1) two members representing the business community,
as provided by Insurance Code §38.403(b)(4)(A), and two members
representing consumers, as provided by Insurance Code §38.403(b)(4)(B),
with terms to expire December 31, 2026;
(2) the member designated by the Teacher Retirement
System of Texas; two members representing hospitals, as provided by
Insurance Code §38.403(b)(4)(C); and two members representing
health benefit plan issuers, as provided by Insurance Code §38.403(b)(4)(D),
with terms to expire December 31, 2027; and
(3) the member designated by the Employees Retirement
System; two members representing physicians, as provided by Insurance
Code §38.403(b)(4)(E); and two members not professionally involved
in the purchase, provision, administration, or review of health care
services, supplies, or devices, or health benefit plans, as provided
by Insurance Code §38.403(b)(4)(F), with terms to expire December
31, 2028.
(d) If a member does not complete the member's three-year
term, a replacement member must be designated to complete the remainder
of the term. A member designated by the Center to serve a partial
term of less than two years will not be prevented from serving for
an additional two consecutive terms.
(e) Except as provided by subsection (d) of this section,
members designated by the Center under Insurance Code §38.403(b)(4)
may not serve more than two consecutive terms.
(f) Members and prospective members of the stakeholder
advisory group are subject to the conflicts of interest and standards
of conduct provisions in paragraphs (1) - (4) of this subsection.
(1) A prospective member of the stakeholder advisory
group must disclose to the designating entity any conflict of interest
before being designated to the group.
(2) A member of the stakeholder advisory group must
immediately disclose to the Center and the member's designating entity
any conflict of interest that arises or is discovered while serving
on the group.
(3) A conflict of interest means a personal or financial
interest that would lead a reasonable person to question the member's
objectivity or impartiality. An example of a conflict of interest
is employment by or financial interest in an organization with a financial
interest in work before the stakeholder advisory group, such as evaluating
data requests from qualified research entities under Insurance Code §38.404(e)(2),
concerning Establishment and Administration of Database.
(4) A member of the stakeholder advisory group must
comply with Government Code §572.051(a), concerning Standards
of Conduct; State Agency Ethics Policy, to the same extent as a state
officer or employee.
(g) A member may be removed from the stakeholder advisory
group for good cause by the member's designating entity.
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