| (a) The notice of network requirements and employee
information form and acknowledgment form required by Insurance Code §1305.451,
concerning Employee Information; Responsibilities of Employee, and §10.60
of this title (relating to Notice of Network Requirements; Employee
Information) must be written in plain language and comply with the
following requirements:
(1) the text must achieve a minimum level of readability
that may not be more difficult than the equivalent of a ninth grade
reading level as measured by the Flesch reading ease test, a test
referenced in the list of standardized tests contained in §3.3092(c)(1)
of this title (relating to Format, Content, and Readability for Outline
of Coverage), or other standardized test as approved by the department;
(2) the form must be printed in not less than 12-point
type;
(3) the form must be appropriately divided and captioned
in a meaningful sequence such that each section contains an underlined,
boldfaced, or otherwise conspicuous title or caption at the beginning
of the section that indicates the nature of the subject matter included
in or covered by the section; and
(4) the form must be written in a clear and coherent
manner and wherever practical, words with common and everyday meanings
must be used to facilitate readability.
(b) The notice of network requirements and employee
information form described at §10.22(18) of this title (relating
to Contents of Application) must be filed with the department in accordance
with §10.21 of this title (relating to Certificate Application)
and must be accompanied by a certification signed by an officer or
other authorized representative of the network stating the reading
level of the form, the standardized test used to determine the reading
level, and that the form meets or exceeds the minimum readability
standards established by the Commissioner. To confirm the accuracy
of any certification, the Commissioner may require the submission
of additional information.
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