| (a) The sections of this subchapter, as amended and
adopted by the commissioner, will be effective 20 days from the date
they are filed with the Office of the Secretary of State and be applicable
to all individual accident and sickness insurance policies and subscriber
contracts of hospital and medical and dental service associations
delivered, issued for delivery, or renewed on and after such date.
Individual accident and sickness insurance policies and subscriber
contracts of hospital and medical and dental service associations,
delivered, issued for delivery, or renewed in this state prior to
the effective date of this section are subject to the regulations
in effect at the time the policy or contract was delivered, issued
for delivery, or renewed.
(b) In regard to policies issued before December 22,
1997, and deemed continuous and not annually renewed pursuant to Insurance
Code §1202.001:
(1) Such policies will be considered "renewed" for
the purposes of complying with the mandatory guaranteed renewability
provisions of this subchapter, if applicable to the coverage offered
in such policies, as set forth in §3.3020 of this title (relating
to Policy Definition of Guaranteed Renewable and Limited Guarantee
of Renewability) and §3.3038 of this title (relating to Mandatory
Guaranteed Renewability Provisions for Individual Hospital, Medical
or Surgical Coverage; Exceptions), on the first policy anniversary
date after December 22, 1997.
(2) Such policies will not be subject to any other
provisions of this subchapter, unless the statutory period of continuity
prescribed by Insurance Code §1202.001 ends, and the policy is
then renewed. During such period of continuity, the policies will
continue to be subject to applicable rules as they existed prior to
December 22, 1997.
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| Source Note: The provisions of this §3.3110 adopted to be effective January 26, 1977, 2 TexReg 159; amended to be effective January 2, 1978, 2 TexReg 4943; amended to be effective December 22, 1997, 22 TexReg 12503; amended to be effective May 11, 2022, 47 TexReg 2758 |
