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TITLE 28INSURANCE
PART 1TEXAS DEPARTMENT OF INSURANCE
CHAPTER 21TRADE PRACTICES
SUBCHAPTER AACONSUMER CHOICE HEALTH BENEFIT PLANS
DIVISION 3REQUIRED NOTICES
RULE §21.3535Retention of Disclosure

(a) A health carrier must, for a period of five years after the date a consumer choice health benefit plan terminates:

  (1) retain in the health carrier's records the signed disclosure statement required by §21.3530 of this title (relating to Health Carrier Disclosure); and

  (2) on request from the department, provide copies of the retained documents to the department.

(b) A health carrier may accept receipt of a signed disclosure and written affirmation electronically, but the carrier remains responsible for compliance with subsection (a)(2) of this section.

(c) For renewals where a current policyholder or contract holder is not required to sign a disclosure statement, the health carrier may satisfy the requirements of subsection (a)(1) of this section by furnishing proof that the health carrier tendered the disclosure statement to the policyholder or contract holder in accordance with §21.3530(d)(2) of this title.


Source Note: The provisions of this §21.3535 adopted to be effective June 2, 2004, 29 TexReg 5101; amended to be effective June 7, 2021, 46 TexReg 3538

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