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TITLE 28INSURANCE
PART 1TEXAS DEPARTMENT OF INSURANCE
CHAPTER 3LIFE, ACCIDENT, AND HEALTH INSURANCE AND ANNUITIES
SUBCHAPTER RLIFE SETTLEMENT
DIVISION 3FORM FILING AND USAGE REQUIREMENTS
RULE §3.1741Required Form Provisions

  (2) disclose the medical records covered by the release, the purposes for the release, the identity of the person to whom the information is to be released, any limitations on the right to withdraw consent, and that the release form may be used to determine and track the insured's ongoing health status.

(i) Policy release. A policy release form must:

  (1) be in writing and signed by the owner; and

  (2) disclose the information covered by the release, the purposes of the release, the identity of the person to whom the information is to be released, and the owner's right to withdraw consent.

(j) Power of attorney. A power of attorney form must be limited to the purpose of releasing medical information in connection with the settlement transaction, including tracking the ongoing health status of the insured.

(k) Verification of coverage. A verification request form must be limited to information relevant to the life settlement contract, including, if requested:

  (1) the policy owner;

  (2) the cash surrender value;

  (3) the accelerated death benefit at that time; and

  (4) the premium and mode of premium payment.

(l) Owner's copies. The life settlement broker or provider must provide the owner with a copy of the life settlement contract and all materials used to effectuate the life settlement contract, including the application, a copy of the escrow or trust agreement, and any consent forms or any other document that the life settlement broker or provider required the owner or the owner's representative to sign to effectuate the life settlement contract. The life settlement contract and all other materials used to effectuate the life settlement contract must be provided at no charge to the owner.


Source Note: The provisions of this §3.1741 adopted to be effective August 1, 2013, 38 TexReg 4357

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