Section 11.2103 - Requirements for Issuance of Certificate of Authority to a CHMO(a) Before obtaining a certificate of authority, an applicant CHMO must comply with each requirement for the issuance of a certificate of authority imposed on a limited health care service plan under Insurance Code Chapter 843 (concerning Health Maintenance Organizations) and Insurance Code Chapter 1271 (concerning Benefits Provided by Health Maintenance Evidence of Coverage; Charges), this chapter, and other applicable insurance laws and regulations of this state.(b) A CHMO with a certificate of authority must comply with all the appropriate requirements that a limited health care service plan must comply with under Insurance Code Chapters 843 and 1271, this chapter, and other applicable insurance laws and regulations of this state to maintain a certificate of authority. A CHMO is subject to the same statutes and rules as a limited service HMO and considered a limited service HMO for purposes of regulation and regulatory enforcement.(c) Nothing in this subchapter prevents one or more community centers from forming a nonprofit corporation under Occupations Code § 162.001 (concerning Certification by Board) to provide services on a risk-sharing or capitated basis as permitted under Insurance Code Chapter 844 (concerning Certification of Certain Nonprofit Health Corporations).(d) This subchapter does not apply to an activity exempt from regulation under Insurance Code § 843.051 (concerning Applicability of Insurance and Group Hospital Service Corporation Laws), §843.053 (concerning Laws Relating to Restraint of Trade), §843.073 (concerning Certificate of Authority Requirement; Applicability to Physicians and Providers), or §843.318 (concerning Certain Contracts of Participating Physicians or Provider Not Prohibited).28 Tex. Admin. Code § 11.2103
The provisions of this §11.2103 adopted to be effective June 10, 1999, 24 TexReg 4242; amended to be effective February 24, 2005, 30 TexReg 854; amended to be effective November 15, 2006, 31 TexReg 9298; Adopted by Texas Register, Volume 42, Number 16, April 21, 2017, TexReg 2262, eff. 8/1/2017