| (a) Purpose. This section specifies the requirements
for insurers and other regulated entities to file the annual statements,
the quarterly statements, other reporting forms, and electronic data
filings with the department and the National Association of Insurance
Commissioners (NAIC) necessary to report information concerning the
financial condition and business operations and activities of insurers.
(b) Scope and applicability. This section applies to
all insurers and certain other regulated entities authorized to do
the business of insurance in this state and includes, but is not limited
to, life insurers; accident insurers; life and accident insurers;
life and health insurers; accident and health insurers; life, accident
and health insurers; mutual life insurers; stipulated premium insurers;
limited purpose subsidiary life insurance companies under the Insurance
Code Chapter 841, Subchapter I; group hospital service corporations;
fire insurers; fire and marine insurers; U.S. branches of alien insurers;
Mexican casualty insurers; general casualty insurers; fire and casualty
insurers; mutual insurers other than life; statewide mutual assessment
companies; local mutual aid associations; mutual burial associations;
exempt associations; county mutual insurers; Lloyd's plans; reciprocal
and inter-insurance exchanges; domestic risk retention groups; domestic
joint underwriting associations; title insurers; fraternal benefit
societies; farm mutual insurers; health maintenance organizations;
nonprofit health corporations; nonprofit legal services corporations;
the Texas Health Insurance Pool; the Texas Mutual Insurance Company;
the Texas Windstorm Insurance Association; and the Texas FAIR Plan
Association. Insurers and other regulated entities must properly report
each calendar year to the department and the NAIC by completing, in
accordance with applicable instructions, the appropriate paper copy
annual and quarterly statement blanks, other reporting forms, and
electronic filings specified in this section. This section shall be
applicable to annual filings with the department and the NAIC, beginning
with the year ending December 31, 2011, and each year thereafter;
and to the quarterly filings with the department and the NAIC, beginning
with the quarter ending on March 31, 2012, and each quarter thereafter.
(c) Definition. In this section, "Texas Edition" refers
to the blanks and forms promulgated by the commissioner.
(d) NAIC and TDI specific forms and instructions. The
commissioner adopts by reference the annual statement blanks, the
quarterly statement blanks, the annual and quarterly supplemental
reporting forms, and the related instruction manuals as adopted and
published by the NAIC each year; and the Texas-specific reporting
forms specified in this section. The Texas-specific forms are available
from the Texas Department of Insurance, Financial Regulation Division,
Financial Analysis, Mail Code 303-1A, P.O. Box 149104, Austin, Texas
78714-9104. Copies of the latest editions of the blanks, supplemental
reporting forms, and related instruction manuals adopted and published
by the NAIC may be obtained from the NAIC, and can be filed electronically
using software available from vendors.
(e) Conflicts with other laws. In the event of a conflict
between the Insurance Code, any currently existing department rule,
form, instructions, or any specific requirement of this section and
the NAIC instructions listed in this section, the Insurance Code,
the department rule, form, instruction, or the specific requirements
of this section shall take precedence and in all respects control.
(f) General filing requirements for domestic insurers
and other domestic regulated entities. Every domestic insurer and
other domestic regulated entity must complete and file the following
reports and forms using the latest editions of the annual and quarterly
statement blanks, forms, and related instruction manuals adopted by
the NAIC that are appropriate for the type of business written by
the insurer or regulated entity:
(1) an annual statement, in paper copy with the department
and electronically with the NAIC, due on or before March 1 for the
preceding year ending December 31;
(2) quarterly statements, in paper copy with the department
and electronically with the NAIC, due on or before May 15, August
15, and November 15;
(3) all the annual and quarterly supplements adopted
by the NAIC including, but not limited to, the Management's Discussion
and Analysis, in paper copies with the department and electronically
with the NAIC, prepared and filed in accordance with and on or before
dates specified in the latest editions of the forms, instructions,
and guidelines adopted by the NAIC;
(4) a Statement of Actuarial Opinion, in paper copy
with the department and electronically with the NAIC, due on or before
March 1 for the preceding year ending December 31;
(5) a Schedule SIS, in paper copy only with the department,
due on or before March 1 for the preceding year ending December 31;
(6) a Supplemental Compensation Exhibit, in paper copy
only with the department, due on or before March 1 for the preceding
year ending December 31;
(7) a Texas Overhead Assessment Exemption Form (Texas
Edition), in paper copy only with the department, due on or before
March 1 for the preceding year ending December 31. This form is to
be filed only by domestic insurance companies that have qualified
pension contracts under the Insurance Code §401.151; otherwise,
this form should not be filed;
(8) an Analysis of Surplus (Texas Edition), in paper
copy only with the department, due on or before March 1 for the preceding
year ending December 31; and
(9) an advertising certificate of compliance with its
annual statement filing, in paper copy only with the department, prepared
and filed in accordance with §21.116 of this title (relating
to Special Enforcement Procedures for Rules Governing Advertising
and Solicitation of Insurance).
(g) General filing requirements for foreign health
maintenance organizations and foreign insurers doing health maintenance
organization business. Every foreign health maintenance organization
and foreign insurer permitted or allowed to do the business of health
maintenance organizations must file the filings specified in subsection
(f)(1) - (4) of this section electronically with the NAIC and in paper
copy with the department; and the filings specified in subsection
(m) of this section electronically and in paper copy with the department.
(h) General filing requirements for foreign insurers
and other foreign regulated entities. Each foreign insurer or other
foreign regulated entity described in subsections (i) - (l) of this
section:
(1) must prepare and file electronically with the NAIC
the filings specified in subsection (f)(1) - (4) of this section on
or before the due dates required under those provisions;
(2) if filing only electronically with the NAIC and
not filing a paper copy with the department, must file with the department,
in paper copy, a signed annual statement jurat page, along with the
advertising certificate of compliance required under §21.116
of this title, on or before March 1; and a signed jurat page for each
quarter on or before May 15, August 15, and November 15, respectively,
in lieu of filing the entire paper filings;
(3) the commissioner reserves the right to request
paper copies of any paper or electronic filings made by foreign companies
in their state of domicile or the NAIC; and
(4) a foreign insurer that is classified as a commercially
domiciled insurer under the Insurance Code §823.004 annually
must file an Analysis of Surplus (Texas Edition) in paper copy with
the department, on or before March 1 for the prior year ending December
31.
(i) Filing requirements for life, accident and health
insurers. Each domestic life; life and accident; life and health;
accident; accident and health; mutual life; or life, accident, and
health insurance company and each domestic stipulated premium company,
limited purpose subsidiary life insurance company, group hospital
service corporation, and the Texas Health Insurance Pool must complete
and file the blanks, forms, and electronic filings as directed in
subsection (f) of this section and this subsection. Each foreign life;
life and accident; life and health; accident; accident and health;
mutual life; or life, accident and health insurance company and each
foreign stipulated premium company and foreign group hospital service
corporation must complete and file the blanks, forms, and electronic
filings as directed in subsection (h) of this section and this subsection.
The electronic filings of these forms or reports with the NAIC must
be completed and filed in accordance with the NAIC data specifications
and instructions for electronic filing and must include PDF format
filing. Insurers and other regulated entities specified in this subsection
and engaged in business authorized under the Insurance Code Chapters
843 or 848 may have additional reporting requirements under subsections
(g) and (m) of this section. Domestic insurers or other regulated
entities described in this subsection, and foreign insurers or other
regulated entities described in Cont'd... |
