reglab/housing_qa huggingface dataset:
TX Ins Code § 846.101 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle C - Life, Health, and Accident Insurers and Related Entities|Chapter 846 - Multiple Employer Welfare Arrangements|Subchapter C. Board Members; Other Officers and Personnel|Section 846.101. Board Members; Notice of Elections

Sec. 846.101.  BOARD MEMBERS;  NOTICE OF ELECTIONS.  (a)  Except as otherwise provided, the powers of a multiple employer welfare arrangement shall be exercised by a board elected to carry out the purposes established by the organizational documents of the arrangement.(b)  The member employers shall elect at least 75 percent of the board members.  At least 75 percent of the board members must be individuals who are covered under the arrangement.(c)  An owner, officer, or employee of a third-party administrator who provides services to the multiple employer welfare arrangement or any other person who has received compensation from the arrangement may not serve as a board member.(d)  Each board member shall be elected for a term of at least two years.(e)  Each member employer of a multiple employer welfare arrangement shall be given notice of each election of board members and is entitled to an equal vote, either in person or by a written proxy signed by the member employer.  An owner, officer, or employee of a third-party administrator who provides services to the arrangement or any other person who has received compensation from the arrangement may not serve as proxy.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.|
TX Ins Code § 846.102 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle C - Life, Health, and Accident Insurers and Related Entities|Chapter 846 - Multiple Employer Welfare Arrangements|Subchapter C. Board Members; Other Officers and Personnel|Section 846.102. Duties of Board Members

Sec. 846.102.  DUTIES OF BOARD MEMBERS.  (a)  The board members of a multiple employer welfare arrangement are responsible for all operations of the arrangement and shall take all necessary precautions to safeguard the assets of the arrangement.(b)  A board member shall give the attention and exercise the vigilance, diligence, care, and skill that a prudent person would use in like or similar circumstances.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.|
TX Ins Code § 846.103 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle C - Life, Health, and Accident Insurers and Related Entities|Chapter 846 - Multiple Employer Welfare Arrangements|Subchapter C. Board Members; Other Officers and Personnel|Section 846.103. Limitation on Action Against Board Member

Sec. 846.103.  LIMITATION ON ACTION AGAINST BOARD MEMBER.  A board member may not be held liable in a private cause of action for any delinquency under Section 846.102 after the expiration of the earlier of:(1)  six years from the date of delinquency;  or(2)  two years from the time when the delinquency is discovered by a person complaining of the delinquency.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.|
TX Ins Code § 846.104 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle C - Life, Health, and Accident Insurers and Related Entities|Chapter 846 - Multiple Employer Welfare Arrangements|Subchapter C. Board Members; Other Officers and Personnel|Section 846.104. Compensation of Board Members

Sec. 846.104.  COMPENSATION OF BOARD MEMBERS.  A board member serves without compensation from the multiple employer welfare arrangement except for actual and necessary expenses.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.|
TX Ins Code § 846.105 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle C - Life, Health, and Accident Insurers and Related Entities|Chapter 846 - Multiple Employer Welfare Arrangements|Subchapter C. Board Members; Other Officers and Personnel|Section 846.105. Officers; Agents

Sec. 846.105.  OFFICERS;  AGENTS.  (a)  The board shall select officers for the multiple employer welfare arrangement as designated in the organizational documents and may appoint agents as necessary for the arrangement to engage in business.  Each officer and agent may exercise the authority and perform the duties required in the management of the property and affairs of the arrangement as delegated by the board.(b)  The board may remove an officer or agent if the board determines that the business interests of the multiple employer welfare arrangement are served by the removal.(c)  The board shall secure the fidelity of any or all of the officers or agents who handle the funds of the multiple employer welfare arrangement by bond or otherwise.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.|
TX Ins Code § 846.106 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle C - Life, Health, and Accident Insurers and Related Entities|Chapter 846 - Multiple Employer Welfare Arrangements|Subchapter C. Board Members; Other Officers and Personnel|Section 846.106. Compensation of Officers, Agents, and Employees

Sec. 846.106.  COMPENSATION OF OFFICERS, AGENTS, AND EMPLOYEES.  (a)  A multiple employer welfare arrangement may pay the officers and agents of the arrangement suitable compensation.  An officer, employee, or agent of an arrangement may not be compensated unreasonably.(b)  The compensation of any officer or employee of a multiple employer welfare arrangement may not be computed directly or indirectly as a percentage of money or premium collected.(c)  The compensation of an agent may not exceed five percent of the money or premium collected.(d)  A multiple employer welfare arrangement may pay compensation or make an emolument to an officer of the arrangement only if the compensation or emolument is first authorized by a majority vote of the board of the arrangement.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.|
TX Ins Code § 846.107 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle C - Life, Health, and Accident Insurers and Related Entities|Chapter 846 - Multiple Employer Welfare Arrangements|Subchapter C. Board Members; Other Officers and Personnel|Section 846.107. Receipt of Thing of Value; Criminal Penalty

Sec. 846.107.  RECEIPT OF THING OF VALUE;  CRIMINAL PENALTY.  (a)  A board member, officer, or employee of a multiple employer welfare arrangement may not, knowingly and intentionally, directly or indirectly:(1)  receive money or another valuable thing for negotiating, procuring, recommending, or aiding in:(A)  a purchase by or sale to the arrangement of property;  or(B)  a loan from the arrangement;  or(2)  be pecuniarily interested as a principal, coprincipal, agent, or beneficiary in a purchase, sale, or loan described by Subdivision (1).(b)  A person commits an offense if the person violates this section.  An offense under this subsection is a felony of the third degree.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.|
TX Ins Code § 846.151 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle C - Life, Health, and Accident Insurers and Related Entities|Chapter 846 - Multiple Employer Welfare Arrangements|Subchapter D. Powers and Duties of Multiple Employer Welfare Arrangements|Section 846.151. General Powers

Sec. 846.151.  GENERAL POWERS.  (a)  Unless otherwise provided by or inconsistent with this chapter, each multiple employer welfare arrangement may exercise the powers provided by this section.(b)  A multiple employer welfare arrangement may have succession, by its name, for the term stated in its trust agreement.(c)  A multiple employer welfare arrangement may sue and be sued.  An arrangement may:(1)  complain and defend in any court;(2)  be a party to any proceedings before a public body of this state or of any other state or government;  and(3)  sue a participating employer, an employee, or a beneficiary for any cause relating to the business of the arrangement.(d)  A multiple employer welfare arrangement may have a seal that may be used by having the seal or a facsimile of the seal impressed, affixed, or otherwise reproduced.  The arrangement may alter the seal at will.(e)  A multiple employer welfare arrangement may appoint officers and agents as the business of the arrangement requires.(f)  A multiple employer welfare arrangement may adopt, amend, and repeal bylaws as necessary for the government of its affairs.(g)  A multiple employer welfare arrangement may conduct its business in this state, other states, and foreign countries and their territories and colonies.(h)  A multiple employer welfare arrangement may have offices outside this state.(i)  A multiple employer welfare arrangement may acquire, hold, mortgage, pledge, assign, and transfer real and personal property subject to this chapter.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.|
TX Ins Code § 846.152 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle C - Life, Health, and Accident Insurers and Related Entities|Chapter 846 - Multiple Employer Welfare Arrangements|Subchapter D. Powers and Duties of Multiple Employer Welfare Arrangements|Section 846.152. Filing of Organizational Documents

Sec. 846.152.  FILING OF ORGANIZATIONAL DOCUMENTS.  A multiple employer welfare arrangement shall file with the commissioner its organizational documents and all appurtenant amendments before those documents take effect.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.|
TX Ins Code § 846.153 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle C - Life, Health, and Accident Insurers and Related Entities|Chapter 846 - Multiple Employer Welfare Arrangements|Subchapter D. Powers and Duties of Multiple Employer Welfare Arrangements|Section 846.153. Required Filings

Sec. 846.153.  REQUIRED FILINGS.  (a)  A multiple employer welfare arrangement engaging in business in this state shall file the following with the commissioner on forms approved by the commissioner:(1)  a financial statement audited by a certified public accountant;(2)  an actuarial opinion prepared and certified by an actuary who is:(A)  not an employee of the arrangement;  and(B)  a fellow of the Society of Actuaries, a member of the American Academy of Actuaries, or an enrolled actuary under the Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.);  and(3)  any modified terms of a plan document together with a certification from the trustees that the changes are in compliance with the minimum requirements of this chapter.(b)  A multiple employer welfare arrangement shall file the financial statement and the actuarial opinion required by Subsection (a) within 90 days of the end of the fiscal year.(c)  The actuarial opinion required under Subsection (a) must include:(1)  a description of the actuarial soundness of the multiple employer welfare arrangement, including any actions recommended to improve the actuarial soundness of the arrangement;(2)  the amount of cash reserves recommended to be maintained by the arrangement;  and(3)  the level of specific and aggregate stop-loss insurance recommended to be maintained by the arrangement.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.|
TX Ins Code § 846.154 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle C - Life, Health, and Accident Insurers and Related Entities|Chapter 846 - Multiple Employer Welfare Arrangements|Subchapter D. Powers and Duties of Multiple Employer Welfare Arrangements|Section 846.154. Cash Reserve Requirements

Sec. 846.154.  CASH RESERVE REQUIREMENTS.  (a)  The amount of cash reserves recommended under Section 846.153(c)(2) may not be less than the greater of:(1)  20 percent of the total contributions in the preceding plan year;  or(2)  20 percent of the total estimated contributions for the current plan year.(b)  Cash reserves required by this section must be:(1)  computed with proper actuarial regard for:(A)  known claims, paid and outstanding;(B)  a history of incurred but not reported claims;(C)  claims handling expenses;(D)  unearned premium;(E)  an estimate for bad debts;(F)  a trend factor;  and(G)  a margin for error;  and(2)  maintained in cash or federally guaranteed obligations of less than five-year maturity that have a fixed or recoverable principal amount or in other investments as the commissioner may authorize by rule.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.|
TX Ins Code § 846.155 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle C - Life, Health, and Accident Insurers and Related Entities|Chapter 846 - Multiple Employer Welfare Arrangements|Subchapter D. Powers and Duties of Multiple Employer Welfare Arrangements|Section 846.155. Adjustment of Contributions

Sec. 846.155.  ADJUSTMENT OF CONTRIBUTIONS.  If the recommended cash reserves required by Section 846.154(a) exceed the greater of 40 percent of the total contributions for the preceding plan year or 40 percent of the total contributions expected for the current plan year, the contributions may be reduced to fund less than 100 percent of the aggregate retention plus all other costs of the multiple employer welfare arrangement, but not less than the level of contributions necessary to fund the minimum reserves required under Section 846.154(a).|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.|
TX Ins Code § 846.156 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle C - Life, Health, and Accident Insurers and Related Entities|Chapter 846 - Multiple Employer Welfare Arrangements|Subchapter D. Powers and Duties of Multiple Employer Welfare Arrangements|Section 846.156. Waiver or Reduction of Required Stop-Loss Insurance or Cash Reserves

Sec. 846.156.  WAIVER OR REDUCTION OF REQUIRED STOP-LOSS INSURANCE OR CASH RESERVES.  On the application of a multiple employer welfare arrangement, the commissioner may waive or reduce the requirement for aggregate stop-loss insurance coverage and the amount of recommended cash reserves required by Section 846.154(a) on a determination that the interests of the participating employers and employees are adequately protected.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.|
TX Ins Code § 846.157 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle C - Life, Health, and Accident Insurers and Related Entities|Chapter 846 - Multiple Employer Welfare Arrangements|Subchapter D. Powers and Duties of Multiple Employer Welfare Arrangements|Section 846.157. Renewal of Certificate; Additional Actuarial Review

Sec. 846.157.  RENEWAL OF CERTIFICATE;  ADDITIONAL ACTUARIAL REVIEW.  (a)  The commissioner shall review the forms required by Section 846.153 and shall renew a multiple employer welfare arrangement's certificate of authority unless the commissioner determines that the arrangement does not comply with this chapter.(b)  On a finding of good cause, the commissioner may order an actuarial review of a multiple employer welfare arrangement in addition to the actuarial opinion required by Section 846.153(a).  The arrangement shall pay the cost of the additional actuarial review.(c)  If the commissioner determines that a multiple employer welfare arrangement does not comply with this chapter, the commissioner may order the arrangement to correct the deficiencies.  The commissioner may take any action against the multiple employer welfare arrangement authorized by this code if the arrangement does not initiate immediate corrective action.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.|
TX Ins Code § 846.158 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle C - Life, Health, and Accident Insurers and Related Entities|Chapter 846 - Multiple Employer Welfare Arrangements|Subchapter D. Powers and Duties of Multiple Employer Welfare Arrangements|Section 846.158. Examination of Multiple Employer Welfare Arrangements

Sec. 846.158.  EXAMINATION OF MULTIPLE EMPLOYER WELFARE ARRANGEMENTS.  (a)  The commissioner or the commissioner's appointee may examine the affairs of any multiple employer welfare arrangement.(b)  For the purposes of this section the commissioner:(1)  shall have free access to all the books, records, and documents that relate to the business of the plan;  and(2)  may examine under oath a board member, officer, agent, or employee of the multiple employer welfare arrangement in relation to the affairs, transactions, and conditions of the arrangement.(c)  Each multiple employer welfare arrangement shall pay the expenses of the examination as provided by Sections 401.151, 401.152, 401.155, and 401.156.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 2E.058, eff. April 1, 2009.|
TX Ins Code § 846.159 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle C - Life, Health, and Accident Insurers and Related Entities|Chapter 846 - Multiple Employer Welfare Arrangements|Subchapter D. Powers and Duties of Multiple Employer Welfare Arrangements|Section 846.159. Name of Multiple Employer Welfare Arrangement

Sec. 846.159.  NAME OF MULTIPLE EMPLOYER WELFARE ARRANGEMENT.  (a)  A multiple employer welfare arrangement shall transact business under the arrangement's own name and may not adopt any assumed name.  An arrangement may not use a name that is the same as or closely resembles the name of any other arrangement that:(1)  possesses a certificate of authority;  and(2)  is engaged in business in this state.(b)  A multiple employer welfare arrangement may change its name by:(1)  amending the articles of the arrangement;  or(2)  taking a new name with the approval of the commissioner.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.|
TX Ins Code § 846.160 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle C - Life, Health, and Accident Insurers and Related Entities|Chapter 846 - Multiple Employer Welfare Arrangements|Subchapter D. Powers and Duties of Multiple Employer Welfare Arrangements|Section 846.160. Evidence of Existence

Sec. 846.160.  EVIDENCE OF EXISTENCE.  A certified copy of the multiple employer welfare arrangement's certificate of authority is prima facie evidence of the existence of the arrangement in a legal proceeding.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.|
TX Ins Code § 846.201 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle C - Life, Health, and Accident Insurers and Related Entities|Chapter 846 - Multiple Employer Welfare Arrangements|Subchapter E. Provision of Coverage|Section 846.201. Benefits Allowed

Sec. 846.201.  BENEFITS ALLOWED.  (a)  A multiple employer welfare arrangement may only provide one or more of the following:(1)  medical, dental, vision, surgical, or hospital care;(2)  benefits in the event of sickness, accident, disability, or death;(3)  another benefit authorized to be provided by health insurers in this state;  and(4)  prepaid legal services.(b)  Except as otherwise limited by the Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.), a multiple employer welfare arrangement may only provide benefits to:(1)  active or retired owners, officers, directors, or employees of or partners in participating employers;  and(2)  the beneficiaries of a person described by Subdivision (1).|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.|
TX Ins Code § 846.202 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle C - Life, Health, and Accident Insurers and Related Entities|Chapter 846 - Multiple Employer Welfare Arrangements|Subchapter E. Provision of Coverage|Section 846.202. Preexisting Condition Provision

Sec. 846.202.  PREEXISTING CONDITION PROVISION.  (a)  In this section, "creditable coverage" has the meaning assigned by Section 1205.004.(b)  A preexisting condition provision in a multiple employer welfare arrangement's plan document may apply only to coverage for a disease or condition for which medical advice, diagnosis, care, or treatment was recommended or received during the six months before the earlier of:(1)  the effective date of coverage;  or(2)  the first day of the waiting period.(c)  A preexisting condition provision in a multiple employer welfare arrangement's plan document may not apply to expenses incurred on or after the expiration of the 12 months following the initial effective date of coverage of the participating employee, dependent, or late-participating employee or dependent.(d)  A preexisting condition provision in a multiple employer welfare arrangement's plan document may not apply to an individual who was continuously covered for an aggregate period of 12 months under creditable coverage that was in effect until a date not more than 63 days before the effective date of coverage under the health benefit plan, excluding any waiting period.(e)  In determining whether a preexisting condition provision applies to an individual covered by a multiple employer welfare arrangement's plan document, the arrangement shall credit the time the individual was covered under previous creditable coverage if the previous coverage was in effect at any time during the 12 months preceding the effective date of coverage under the arrangement.  If the previous coverage was issued under a health benefit plan, any waiting period that applied before that coverage became effective must also be credited against the preexisting condition provision period.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 2E.059, eff. April 1, 2009.|
TX Ins Code § 846.203 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle C - Life, Health, and Accident Insurers and Related Entities|Chapter 846 - Multiple Employer Welfare Arrangements|Subchapter E. Provision of Coverage|Section 846.203. Treatment of Certain Conditions as Preexisting Prohibited

Sec. 846.203.  TREATMENT OF CERTAIN CONDITIONS AS PREEXISTING PROHIBITED.  (a)  A multiple employer welfare arrangement may not treat genetic information as a preexisting condition described by Section 846.202 in the absence of a diagnosis of the condition related to the information.(b)  A multiple employer welfare arrangement may not treat pregnancy as a preexisting condition described by Section 846.202.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.|
TX Ins Code § 846.204 (2021)
2021 Texas Statutes|Insurance Code|Title 6 - Organization of Insurers and Related Entities|Subtitle C - Life, Health, and Accident Insurers and Related Entities|Chapter 846 - Multiple Employer Welfare Arrangements|Subchapter E. Provision of Coverage|Section 846.204. Waiting Period Permitted

Sec. 846.204.  WAITING PERIOD PERMITTED.  Sections 846.202 and 846.203 do not preclude application of a waiting period that applies to all new participating employees under the health benefit plan in accordance with the terms of the multiple employer welfare arrangement's plan document.|Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.|