CHAPTER 1252. DISCONTINUATION AND REPLACEMENT OF GROUP AND GROUP-TYPE HEALTH BENEFIT PLAN COVERAGE

INSURANCE CODE

TITLE 8. HEALTH INSURANCE AND OTHER HEALTH COVERAGES

SUBTITLE B. GROUP HEALTH COVERAGE

CHAPTER 1252. DISCONTINUATION AND REPLACEMENT OF GROUP AND

GROUP-TYPE HEALTH BENEFIT PLAN COVERAGE

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 1252.001. DEFINITIONS. In this chapter:

(1) "Carrier" means:

(A) an insurer; or

(B) a group hospital service corporation operating under Chapter

842.

(2) "Health benefit plan" means:

(A) any accident and health insurance policy;

(B) a subscriber contract of a group hospital service

corporation; or

(C) an accident and health benefits package of a multiple

employer trust that is not exempt from regulation by this state

as an employee welfare benefit plan under the Employee Retirement

Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.), as

amended.

(3) "Previous carrier" means a carrier whose health benefit plan

coverage has been replaced with health benefit plan coverage

provided by a succeeding carrier.

(4) "Succeeding carrier" means a carrier that replaces the

health benefit plan coverage provided by another carrier with its

own health benefit plan coverage.

(5) "Total disability" or "totally disabled" means:

(A) with respect to an employee or other primary insured covered

under a health benefit plan, the complete inability of that

individual to perform all of the substantial and material duties

and functions of the individual's occupation and any other

gainful occupation in which the individual earns substantially

the same compensation earned before the disability; and

(B) with respect to any other individual covered under a health

benefit plan, confinement as a bed patient in a hospital.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1,

2005.

Sec. 1252.002. APPLICABILITY OF CHAPTER. (a) This chapter

applies only to a health benefit plan that:

(1) provides coverage on a group or group-type basis to an

individual eligible for that coverage because of the individual's

status as:

(A) an employee of an employer; or

(B) a member of a labor union or a member of an association; and

(2) is delivered or issued for delivery in this state.

(b) This chapter does not apply to an entity that is not engaged

in the business of insurance in this state.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1,

2005.

Sec. 1252.003. COVERAGE ISSUED ON GROUP-TYPE BASIS. (a) For

purposes of this chapter, health benefit plan coverage is

provided on a group-type basis if:

(1) the plan provides coverage under an insurance policy or

subscriber contract to a class of employees or a class of members

of a labor union or members of an association and the class is

determined by conditions relating to their employment or to their

membership in the union or association;

(2) coverage under the plan is not available to the general

public and can be obtained and maintained only because of the

covered individual's employment status or membership in a labor

union or an association;

(3) premiums or subscription charges for the plan are paid to

the carrier on an aggregate or bulk-payment basis; and

(4) the plan is sponsored by:

(A) the employer of the class of employees covered by the plan;

or

(B) the labor union or an association to which the class of

members covered by the plan belongs.

(b) Health benefit plan coverage is not provided on a group-type

basis if it is a salary-budget plan using individual insurance

policies or subscriber contracts that do not meet the conditions

for group-type coverage specified by Subsection (a).

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1,

2005.

SUBCHAPTER B. DISCONTINUATION OF COVERAGE

Sec. 1252.101. NOTICE OF DISCONTINUATION OF COVERAGE. A notice

of discontinuation of a health benefit plan must include a

request to the group policyholder or other entity responsible for

making payments or submitting subscription charges to the carrier

to notify employees or members covered by the plan of the

discontinuation and the date of the discontinuation.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1,

2005.

Sec. 1252.102. EXTENSION OF BENEFITS PROVISION; EXEMPTION. (a)

A health benefit plan must contain, subject to this section and

Section 1252.103, a reasonable provision providing for an

extension of benefits for a total disability that exists on the

date of the plan's discontinuation.

(b) A health benefit plan must contain a reasonable extension of

benefits provision for coverage for hospital or medical expenses

other than dental expenses. A provision is considered reasonable

if it provides to an individual who is covered under the plan and

who is totally disabled on the date of the plan's discontinuation

an extension of benefits for expenses incurred in treating the

condition causing the total disability and the extension is

provided for at least the lesser of:

(1) 90 days; or

(2) the duration of the total disability.

(c) An extension of benefits provision required under this

section may provide for an exclusion from coverage for an

individual whose coverage is being discontinued and replaced with

coverage that:

(1) is provided by a succeeding carrier; and

(2) provides a level of benefits that is at least substantially

equal to the level of benefits provided under the replaced health

benefit plan.

(d) An applicable extension of benefits provision must be

described in the policy or contract and the group insurance

certificate.

(e) Benefits payable during an extension period may be subject

to the regular benefit limits of the health benefit plan.

(f) This section does not apply to a health benefit plan that

was delivered or issued for delivery in this state before January

1, 1982, and whose level of benefits has not been modified after

December 31, 1981.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1,

2005.

Sec. 1252.103. INDEMNITY OR BENEFITS PAYABLE FOR DISABILITY. A

discontinuation of health benefit plan coverage occurring during

a period of disability does not affect:

(1) any benefits payable under the plan for loss of time from

work because of the disability; or

(2) any specific indemnity required to be provided under the

plan during a period of hospital confinement.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1,

2005.

Sec. 1252.104. LIABILITY FOR LOSS UNDER AUTOMATICALLY

DISCONTINUED COVERAGE. (a) If a health benefit plan provides

for automatic discontinuation of coverage when a premium or

subscription charge due under the plan is not paid before the

expiration of a grace period specified in the plan for that

payment, the carrier or other entity responsible for making

premium payments or for submitting premiums or subscription

charges to the carrier is liable, on the submission of a valid

claim, for a loss that is:

(1) covered by the plan; and

(2) incurred before the expiration of the grace period.

(b) The commissioner may adopt reasonable rules necessary to

implement this section.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1,

2005.

SUBCHAPTER C. REPLACEMENT OF COVERAGE

Sec. 1252.201. TOTAL DISABILITY STATUS. In this subchapter, a

reference to the total disability status of an individual means

the individual's disability status immediately preceding the date

on which the succeeding carrier's coverage takes effect.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1,

2005.

Sec. 1252.202. EFFECTIVE DATE OF COVERAGE UNDER REPLACEMENT

PLAN. (a) An individual who was covered by a previous carrier's

health benefit plan on the date on which that plan was

discontinued shall be provided coverage under the succeeding

carrier's health benefit plan as of the replacement plan's

effective date if the individual:

(1) is eligible for coverage because the individual is a member

of a class eligible for coverage under the replacement plan and

satisfies the replacement plan's actively at work and

nonconfinement requirements; and

(2) elects to be covered under the replacement plan.

(b) An individual who would be covered by the succeeding carrier

under Subsection (a) but who does not satisfy the replacement

plan's actively at work and nonconfinement requirements shall be

covered under the replacement plan when the individual satisfies

those requirements.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1,

2005.

Sec. 1252.203. EXTENSION OF BENEFITS FOR TOTAL DISABILITY. (a)

With respect to providing a type of coverage for which Section

1252.102 requires an extension of benefits for an individual with

a total disability, a succeeding carrier replacing a previous

carrier's plan that is not subject to that section must provide,

subject to Subsection (b), the lesser of:

(1) extended benefit coverage that the previous carrier would

have been required to provide under Section 1252.102 if the

previous carrier had been subject to that section; or

(2) extended benefit coverage that the succeeding carrier is

required to provide under Section 1252.102.

(b) The extended benefit coverage may be reduced by any benefits

actually payable under the previous carrier's health benefit

plan.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1,

2005.

Sec. 1252.204. COVERAGE FOR PREEXISTING CONDITIONS. (a) A

succeeding carrier's health benefit plan that limits coverage in

accordance with a preexisting conditions provision, other than a

waiting period, must provide, during the period the limitation on

coverage is in effect, the level of benefits prescribed by this

section to an individual covered by the succeeding carrier who:

(1) has a preexisting condition; and

(2) was covered by the previous carrier's plan on the date on

which that plan was discontinued.

(b) The health benefit plan must provide a level of benefits

equal to the lesser of:

(1) the level of benefits available under the succeeding

carrier's plan as determined without applying the preexisting

conditions provision; or

(2) the level of benefits that would have been available under

the previous carrier's plan.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1,

2005.

Sec. 1252.205. WAITING PERIOD. If the benefits that were

available under a previous carrier's health benefit plan are

similar to the benefits available under a succeeding carrier's

health benefit plan, the succeeding carrier shall give credit for

the satisfaction or partial satisfaction of any waiting period or

similar provision that has been satisfied under the previous

carrier's plan.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1,

2005.

Sec. 1252.206. DETERMINATION OF BENEFITS AVAILABLE UNDER

REPLACED PLAN. (a) If a succeeding carrier requires a

determination of the benefits available under the previous

carrier's health benefit plan, the previous carrier shall provide

at the request of the succeeding carrier:

(1) a statement of the benefits available under the previous

carrier's plan; or

(2) pertinent information sufficient either to allow

verification of those benefits or to allow the succeeding carrier

to make a determination of those benefits.

(b) A determination of benefits under this section must be made

using the definitions of, and in accordance with all of the

conditions and covered expense provisions of, the previous

carrier's plan as if that plan had not been replaced.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1,

2005.

Sec. 1252.207. LIABILITY OF PREVIOUS CARRIER. A carrier of a

health benefit plan that is being discontinued is liable only for

any accrued liabilities regarding the plan and for any extension

of benefits provided under the plan, regardless of whether the

group policyholder or any other entity responsible for making

payments or for submitting subscription charges to the carrier:

(1) replaces the coverage provided under the discontinued plan

with health benefit plan coverage provided by another carrier;

(2) self-insures a health benefit plan; or

(3) does not provide health benefit plan coverage.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1,

2005.