Section 26.19 - Filing Requirements(a) Each small employer carrier must file each form, including, but not limited to, each policy, contract, certificate, agreement, evidence of coverage, endorsement, amendment, enrollment form, and application that will be used to provide a health benefit plan in the small employer market, in accordance with Insurance Code Chapter 1701 (concerning Policy Forms), and Chapter 3, Subchapter A of this title (relating to Submission Requirements for Filings and Departmental Actions Related to Such Filings), or Insurance Code Chapter 1271 (concerning Benefits Provided by Health Maintenance Organizations; Evidence of Coverage; Charges), and § 11.301 of this title (relating to Filing Requirements) or § 11.302 of this title (relating to Service Area Expansion or Reduction Applications), as applicable.(b) Each small employer carrier, other than an HMO, must use a policy shell format for any group or individual health benefit plan form used to provide a health benefit plan in the small employer market. To expedite the review and approval process, all group and individual health benefit plan form filings (excluding HMO filings that are covered in subsection (c) of this section) must be submitted in the following order: (1) a group policy face page or individual policy face page, as applicable;(2) the group certificate page or individual data page, as applicable;(3) as applicable under Chapter 3, Subchapter A of this title, the toll-free number and complaint notice page, as required by Chapter 1, Subchapter E of this title (relating to Notice of Toll-Free Telephone Numbers and Procedures for Obtaining Information and Filing Complaints);(4) the table of contents;(5) insert pages for the general provisions;(6) insert pages for the required provisions and any optional provisions, if elected and as applicable;(7) for small employer health benefit plans, an insert page for the benefits section of the health benefit plan, including but not limited to schedule of benefits; definitions; benefits provided; exclusions and limitations; continuation provisions; and, if applicable, alternative cost containment, preferred provider, conversion and coordination of benefits provisions, and riders;(8) insert pages for any amendments, applications, enrollment forms, or other form filings that comprise part of the contract;(9) insert pages for any required outline of coverage for individual products;(10) any additional form filings and documentation as outlined in Chapter 3, Subchapter A of this title and Chapter 3, Subchapter G of this title (relating to Plain Language Requirements for Health Benefit Policies);(11) the certifications required under this section and any other rating information required under § 26.10 of this title (relating to Establishment of Classes of Business) and § 26.11 of this title (relating to Restrictions Relating to Premium Rates); and(12) the rate schedule applicable to any individual health benefit plan, as required by Chapter 3, Subchapter A of this title.(c) In addition to subsection (a) of this section, the following provisions apply to each HMO. The HMO must submit health benefit plan forms for use in the small employer market that include the following. (1) Any HMO group or individual agreement must address and include all required provisions of Insurance Code Chapter 1501 (concerning Health Insurance Portability and Availability Act). The agreement must be in compliance with any other applicable provisions of the Insurance Code. In addition, the agreement must comply with the provisions of Chapter 11, Subchapter F of this title (relating to Evidence of Coverage) where those provisions are not in conflict with Insurance Code Chapter 1501.(2) The filing must include any alternative pages to the agreement or the schedule of benefits and any alternative schedules of benefit.(3) The filing must include any additional riders, amendments, applications, enrollment forms, or other forms and any other required documentation outlined in Chapter 11, Subchapter F of this title.(4) The filing must include any applicable requirements of Chapter 11, Subchapter D, of this title (relating to Regulatory Requirements for an HMO Subsequent to Issuance of a Certificate of Authority), and Chapter 11, Subchapter F of this title, except for:(A) continuation and conversion of coverage, in accordance with Insurance Code Chapter 1271 and this title; and(B) cancellation, in accordance with § 26.15 of this title (relating to Renewability of Coverage and Cancellation).(5) The filing must include any rider forms that will be used with health benefit plans offered to small employers. The rider forms, if developed subsequent to approval of the agreement, must be submitted with an explanation of the market in which the forms will be used. All rider forms must comply with Insurance Code Chapter 1271, and applicable provisions of Chapter 11, Subchapters D and F of this title.28 Tex. Admin. Code § 26.19
The provisions of this §26.19 adopted to be effective December 30, 1993, 18 TexReg 9375; amended to be effective April 9, 1996, 21 TexReg 2648; amended to be effective March 5, 1998, 23 TexReg 2297; amended to be effective April 6, 2005, 30 TexReg 1931; Amended by Texas Register, Volume 42, Number 19, May 12, 2017, TexReg 2546, eff. 5/17/2017