Section 21.5401 - Applicability(a) This subchapter applies to a payor that issues, sponsors, or administers a plan subject to reporting under subsection (b) of this section.(b) Payors must submit data files as required by this subchapter with respect to health benefit plans or dental benefit plans issued in Texas that are subject to Insurance Code Chapter 38, Subchapter I, concerning Texas All Payor Claims Database, including:(1) a health benefit plan as defined by Insurance Code §1501.002, concerning Definitions;(2) an individual health care plan that is subject to Insurance Code §1271.004, concerning Individual Health Care Plan;(3) an individual health insurance policy providing major medical expense coverage that is subject to Insurance Code Chapter 1201, concerning Accident and Health Insurance;(4) a health benefit plan as defined by § 21.2702 of this title (relating to Definitions);(5) a student health plan that provides major medical coverage, consistent with the definition of student health insurance coverage in 45 CFR § 147.145, concerning Student Health Insurance Coverage;(6) short-term limited-duration insurance as defined by Insurance Code §1509.001, concerning Definition;(7) individual or group dental insurance coverage that is subject to Insurance Code Chapter 1201 or Insurance Code Chapter 1251, concerning Group and Blanket Health Insurance;(8) dental coverage provided through a single service HMO that is subject to Chapter 11, Subchapter W, of this title (relating to Single Service HMOs);(9) a Medicare supplement benefit plan under Insurance Code Chapter 1652, concerning Medicare Supplement Benefit Plans, if the payor elects to submit such data;(10) a health benefit plan as defined by Insurance Code Chapter 846, concerning Multiple Employer Welfare Arrangements;(11) basic coverage under Insurance Code Chapter 1551, concerning Texas Employees Group Benefits Act;(12) a basic plan under Insurance Code Chapter 1575, concerning Texas Public School Employees Group Benefits Program;(13) a health coverage plan under Insurance Code Chapter 1579, concerning Texas School Employees Uniform Group Health Coverage;(14) basic coverage under Insurance Code Chapter 1601, concerning Uniform Insurance Benefits Act for Employees of the University of Texas System and the Texas A&M University System;(15) a county employee health benefit plan established under Local Government Code Chapter 157, concerning Assistance, Benefits, and Working Conditions of County Officers and Employees;(16) group dental, health and accident, or medical expense coverage provided by a risk pool created under Local Government Code Chapter 172, concerning Texas Political Subdivisions Uniform Group Benefits Program;(17) coverage for medical expenses provided under a self-insurance fund established under Government Code Chapter 2259, concerning Self-Insurance by Governmental Units;(18) the state Medicaid program operated under Human Resources Code Chapter 32, concerning Medical Assistance Program;(19) a Medicaid managed care plan operated under Government Code Title 4, Subtitle I, concerning Health and Human Services;(20) the child health plan program operated under Health and Safety Code Chapter 62, concerning Child Health Plan for Certain Low-Income Children;(21) the health benefits plan for children operated under Health and Safety Code Chapter 63, concerning Health Benefits Plan for Certain Children;(22) a Medicare Advantage Plan providing health benefits under Medicare Part C as defined in 42 USC § 1395w-21, et seq., concerning Medicare+Choice Program;(23) a Medicare Part D voluntary prescription drug benefit plan providing benefits as defined in 42 USC § 1395w-101, et seq., concerning Voluntary Prescription Drug Benefit Program; and(24) a health benefit plan or dental plan subject to the Employee Retirement Income Security Act of 1974 (29 USC § 1001et seq.) if the plan sponsor or administrator elects to submit this data.(c) Data files required by this subchapter must include information with respect to all Texas resident members, as defined in § 21.5402(16) of this title (relating to Definitions). Information on persons who are not Texas resident members is not required.28 Tex. Admin. Code § 21.5401
Adopted by Texas Register, Volume 47, Number 23, June 10, 2022, TexReg 3475, eff. 6/16/2022; Amended by Texas Register, Volume 49, Number 47, November 22, 2024, TexReg 9556, eff. 11/28/2024