reglab/statecodes huggingface dataset:
2023 Texas Statutes › Insurance Code › Title 14 - Utilization Review and Independent Review › Chapter 4201 - Utilization Review Agents › Subchapter N. Exemption From Preauthorization Requirements for Physicians and Providers Providing Certain Health Care Services › Section 4201.656. Independent Review of Exemption Determination

Sec. 4201.656.  INDEPENDENT REVIEW OF EXEMPTION DETERMINATION.  (a)  A physician or provider has a right to a review of an adverse determination regarding a preauthorization exemption be conducted by an independent review organization. A health maintenance organization or insurer may not require a physician or provider to engage in an internal appeal process before requesting a review by an independent review organization under this section.
(b)  A health maintenance organization or insurer shall pay:
(1)  for any appeal or independent review of an adverse determination regarding a preauthorization exemption requested under this section; and
(2)  a reasonable fee determined by the Texas Medical Board for any copies of medical records or other documents requested from a physician or provider during an exemption rescission review requested under this section.
(c)  An independent review organization must complete an expedited review of an adverse determination regarding a preauthorization exemption not later than the 30th day after the date a physician or provider files the request for a review under this section.
(d)  A physician or provider may request that the independent review organization consider another random sample of not less than five and no more than 20 claims submitted to the health maintenance organization or insurer by the physician or provider during the relevant evaluation period for the relevant health care service as part of its review.  If the physician or provider makes a request under this subsection, the independent review organization shall base its determination on the medical necessity of claims reviewed by the health maintenance organization or insurer under Section 4201.655 and reviewed under this subsection.
Added by Acts 2021, 87th Leg., R.S., Ch. 1018 (H.B. 3459), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Insurance Code › Title 14 - Utilization Review and Independent Review › Chapter 4201 - Utilization Review Agents › Subchapter N. Exemption From Preauthorization Requirements for Physicians and Providers Providing Certain Health Care Services › Section 4201.657. Effect of Appeal or Independent Review Determination

Sec. 4201.657.  EFFECT OF APPEAL OR INDEPENDENT REVIEW DETERMINATION.  (a)  A health maintenance organization or insurer is bound by an appeal or independent review determination that does not affirm the determination made by the health maintenance organization or insurer to rescind a preauthorization exemption.
(b)  A health maintenance organization or insurer may not retroactively deny a health care service on the basis of a rescission of an exemption, even if the health maintenance organization's or insurer's determination to rescind the preauthorization exemption is affirmed by an independent review organization.
(c)  If a determination of a preauthorization exemption made by the health maintenance organization or insurer is overturned on review by an independent review organization, the health maintenance organization or insurer:
(1)  may not attempt to rescind the exemption before the end of the next evaluation period that occurs; and
(2)  may only rescind the exemption after if the health maintenance organization or insurer complies with Sections 4201.655 and 4201.656.
Added by Acts 2021, 87th Leg., R.S., Ch. 1018 (H.B. 3459), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Insurance Code › Title 14 - Utilization Review and Independent Review › Chapter 4201 - Utilization Review Agents › Subchapter N. Exemption From Preauthorization Requirements for Physicians and Providers Providing Certain Health Care Services › Section 4201.658. Eligibility for Preauthorization Exemption Following Finalized Exemption Rescission or Denial

Sec. 4201.658.  ELIGIBILITY FOR PREAUTHORIZATION EXEMPTION FOLLOWING FINALIZED EXEMPTION RESCISSION OR DENIAL.  After a final determination or review affirming the rescission or denial of an exemption for a specific health care service under Section 4201.653, a physician or provider is eligible for consideration of an exemption for the same health care service after the six-month evaluation period that follows the evaluation period which formed the basis of the rescission or denial of an exemption.
Added by Acts 2021, 87th Leg., R.S., Ch. 1018 (H.B. 3459), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Insurance Code › Title 14 - Utilization Review and Independent Review › Chapter 4202 - Independent Review Organizations › Section 4202.001. Definition

Sec. 4202.001.  DEFINITION.  In this chapter, "payor" has the meaning assigned by Section 4201.002.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 4, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 14 - Utilization Review and Independent Review › Chapter 4202 - Independent Review Organizations › Section 4202.003. Requirements Regarding Timeliness of Determination

Sec. 4202.003.  REQUIREMENTS REGARDING TIMELINESS OF DETERMINATION.  The standards adopted under Section 4202.002 must require each independent review organization to make the organization's determination:
(1)  for a life-threatening condition as defined by Section 4201.002, the provision of prescription drugs or intravenous infusions for which the patient is receiving benefits under the health insurance policy, or a review of a step therapy protocol exception request under Section 1369.0546, not later than the earlier of the third day after the date the organization receives the information necessary to make the determination or, with respect to:
(A)  a review of a health care service provided to a person with a life-threatening condition eligible for workers' compensation medical benefits, the eighth day after the date the organization receives the request that the determination be made; or
(B)  a review of a health care service other than a service described by Paragraph (A), the third day after the date the organization receives the request that the determination be made; or
(2)  for a situation other than a situation described by Subdivision (1), not later than the earlier of:
(A)  the 15th day after the date the organization receives the information necessary to make the determination; or
(B)  the 20th day after the date the organization receives the request that the determination be made.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 4, eff. April 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1024 (H.B. 2645), Sec. 2, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1037 (H.B. 1621), Sec. 8, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 103 (S.B. 680), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Insurance Code › Title 14 - Utilization Review and Independent Review › Chapter 4202 - Independent Review Organizations › Section 4202.005. Periodic Reporting of Information; Biennial Designation; Updates and Inspection

Sec. 4202.005.  PERIODIC REPORTING OF INFORMATION; BIENNIAL DESIGNATION; UPDATES AND INSPECTION.  (a)  An independent review organization shall biennially submit the information required in an application for certification under Section 4202.004.  Anytime there is a material change in the information the organization included in the application, the organization shall submit updated information to the commissioner.
(b)  The commissioner shall designate biennially each organization that meets the standards for an independent review organization adopted under Section 4202.002.
(c)  Information regarding a material change must be submitted on a form adopted by the commissioner not later than the 30th day after the date the material change occurs.  If the material change is a relocation of the organization:
(1)  the organization must inform the department that the location is available for inspection before the date of the relocation by the department; and
(2)  on request of the department, an officer shall attend the inspection.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 4, eff. April 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1024 (H.B. 2645), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Insurance Code › Title 14 - Utilization Review and Independent Review › Chapter 4202 - Independent Review Organizations › Section 4202.006. Payors Fees

Sec. 4202.006.  PAYORS FEES.  The commissioner shall charge payors fees in accordance with this chapter as necessary to fund the operations of independent review organizations.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 4, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 14 - Utilization Review and Independent Review › Chapter 4202 - Independent Review Organizations › Section 4202.007. Oversight

Sec. 4202.007.  OVERSIGHT.  The commissioner shall provide ongoing oversight of the independent review organizations to ensure continued compliance with this chapter and the standards and rules adopted under this chapter.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 4, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 14 - Utilization Review and Independent Review › Chapter 4202 - Independent Review Organizations › Section 4202.008. Prohibited Ownership or Control of Independent Review Organization

Sec. 4202.008.  PROHIBITED OWNERSHIP OR CONTROL OF INDEPENDENT REVIEW ORGANIZATION.  An independent review organization may not be a subsidiary of, or in any way owned or controlled by, a payor or a trade or professional association of payors.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 4, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 14 - Utilization Review and Independent Review › Chapter 4202 - Independent Review Organizations › Section 4202.009. Confidential Information

Sec. 4202.009.  CONFIDENTIAL INFORMATION.  Information that reveals the identity of a physician or other individual health care provider who makes a review determination for an independent review organization is confidential.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 4, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 14 - Utilization Review and Independent Review › Chapter 4202 - Independent Review Organizations › Section 4202.010. Immunity From Liability

Sec. 4202.010.  IMMUNITY FROM LIABILITY.  (a)  An independent review organization conducting an independent review under Subchapter I, Chapter 4201, is not liable for damages arising from the review determination made by the organization.
(b)  This section does not apply to an act or omission of the independent review organization that is made in bad faith or that involves gross negligence.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 4, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 14 - Utilization Review and Independent Review › Chapter 4202 - Independent Review Organizations › Section 4202.012. Referral

Sec. 4202.012.  REFERRAL.  The commissioner by rule shall require referral by random assignment of adverse determinations under Subchapter I, Chapter 4201, to independent review organizations. On referral of a determination, the commissioner shall notify:
(1)  the utilization review agent;
(2)  the payor;
(3)  the independent review organization;
(4)  the patient, as defined by Section 4201.002, or the patient's representative; and
(5)  the provider of record as defined by Section 4201.002.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1024 (H.B. 2645), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Insurance Code › Title 14 - Utilization Review and Independent Review › Chapter 4202 - Independent Review Organizations › Section 4202.013. Primary Office in This State Required

Sec. 4202.013.  PRIMARY OFFICE IN THIS STATE REQUIRED.  An independent review organization operating under this chapter must maintain the organization's primary office in this state.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1024 (H.B. 2645), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Insurance Code › Title 14 - Utilization Review and Independent Review › Chapter 4202 - Independent Review Organizations › Section 4202.014. Preemption

Sec. 4202.014.  PREEMPTION.  The commissioner shall suspend enforcement of any provision of this chapter that the commissioner determines to be preempted by 42 U.S.C. Section 300gg-19.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1024 (H.B. 2645), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Insurance Code › Title 14 - Utilization Review and Independent Review › Chapter 4203 - Prohibited Consultant Activities › Section 4203.001. Definition

Sec. 4203.001.  DEFINITION.  In this chapter, "consultant" means a person who, for compensation and at the request of an insurer, business, individual, or utilization review agent:
(1)  reviews, assesses, or evaluates a claim, charge, or service of another chiropractor to determine whether the claim, charge, or service is:
(A)  medically necessary, reasonable, or appropriate; or
(B)  recommended for payment or nonpayment; or
(2)  advises an insurer or utilization review agent regarding a chiropractic charge or service or recommends to that insurer or agent guidelines for a chiropractic charge or service.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 4, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 14 - Utilization Review and Independent Review › Chapter 4203 - Prohibited Consultant Activities › Section 4203.002. Prohibited Consultant Activities

Sec. 4203.002.  PROHIBITED CONSULTANT ACTIVITIES.  A member or employee of the Texas Board of Chiropractic Examiners may not act as a consultant or perform any consultant activities for an insurer or business, individual, or utilization review agent that audits chiropractic claims, charges, or services.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 4, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 15 - Interstate Insurance Compacts › Chapter 5001 - Interstate Insurance Product Regulation Compact › Article I. Purposes

The purposes of this Compact are, through means of joint and cooperative action among the Compacting States:
1.  To promote and protect the interest of consumers of individual and group annuity, life insurance, disability income and long-term care insurance products;
2.  To develop uniform standards for insurance products covered under the Compact;
3.  To establish a central clearinghouse to receive and provide prompt review of insurance products covered under the Compact and in certain cases, advertisements related thereto, submitted by insurers authorized to do business in one or more Compacting States;
4.  To give appropriate regulatory approval to those product filings and advertisements satisfying the applicable uniform standard;
5.  To improve coordination of regulatory resources and expertise between state insurance departments regarding the setting of uniform standards and review of insurance products covered under the Compact;
6.  To create the Interstate Insurance Product Regulation Commission; and
7.  To perform these and such other related functions as may be consistent with the state regulation of the business of insurance.
2023 Texas Statutes › Insurance Code › Title 15 - Interstate Insurance Compacts › Chapter 5001 - Interstate Insurance Product Regulation Compact › Article III. Establishment of the Commission and Venue

1.  The Compacting States hereby create and establish a joint public agency known as the "Interstate Insurance Product Regulation Commission."  Pursuant to Article IV, the Commission will have the power to develop Uniform Standards for Product lines, receive and provide prompt review of Products filed therewith, and give approval to those Product filings satisfying applicable Uniform Standards; provided, it is not intended for the Commission to be the exclusive entity for receipt and review of insurance product filings.  Nothing herein shall prohibit any Insurer from filing its product in any State wherein the Insurer is licensed to conduct the business of insurance; and any such filing shall be subject to the laws of the State where filed.
2.  The Commission is a body corporate and politic, and an instrumentality of the Compacting States.
3.  The Commission is solely responsible for its liabilities except as otherwise specifically provided in this Compact.
4.  Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a Court of competent jurisdiction where the principal office of the Commission is located.
2023 Texas Statutes › Insurance Code › Title 15 - Interstate Insurance Compacts › Chapter 5001 - Interstate Insurance Product Regulation Compact › Article VI. Meetings and Acts

OF THE COMMISSION
1.  The Commission shall meet and take such actions as are consistent with the provisions of this Compact and the Bylaws.
2.  Each Member of the Commission shall have the right and power to cast a vote to which that Compacting State is entitled and to participate in the business and affairs of the Commission.  A Member shall vote in person or by such other means as provided in the Bylaws.  The Bylaws may provide for Members' participation in meetings by telephone or other means of communication.
3.  The Commission shall meet at least once during each calendar year.  Additional meetings shall be held as set forth in the Bylaws.
2023 Texas Statutes › Insurance Code › Title 15 - Interstate Insurance Compacts › Chapter 5001 - Interstate Insurance Product Regulation Compact › Article IX. Dispute Resolution

The Commission shall attempt, upon the request of a Member, to resolve any disputes or other issues that are subject to this Compact and which may arise between two or more Compacting States, or between Compacting States and Non-compacting States, and the Commission shall promulgate an Operating Procedure providing for resolution of such disputes.
2023 Texas Statutes › Insurance Code › Title 15 - Interstate Insurance Compacts › Chapter 5001 - Interstate Insurance Product Regulation Compact › Article X. Product Filing and Approval

1.  Insurers and Third-Party Filers seeking to have a Product approved by the Commission shall file the Product with, and pay applicable filing fees to, the Commission.  Nothing in this Act shall be construed to restrict or otherwise prevent an insurer from filing its Product with the insurance department in any State wherein the insurer is licensed to conduct the business of insurance, and such filing shall be subject to the laws of the States where filed.
2.  The Commission shall establish appropriate filing and review processes and procedures pursuant to Commission Rules and Operating Procedures.  Notwithstanding any provision herein to the contrary, the Commission shall promulgate Rules to establish conditions and procedures under which the Commission will provide public access to Product filing information.  In establishing such Rules, the Commission shall consider the interests of the public in having access to such information, as well as protection of personal medical and financial information and trade secrets, that may be contained in a Product filing or supporting information.
3.  Any Product approved by the Commission may be sold or otherwise issued in those Compacting States for which the Insurer is legally authorized to do business.
2023 Texas Statutes › Insurance Code › Title 15 - Interstate Insurance Compacts › Chapter 5001 - Interstate Insurance Product Regulation Compact › Article XI. Review of Commission Decisions

REGARDING FILINGS
1.  Not later than thirty (30) days after the Commission has given notice of a disapproved Product or Advertisement filed with the Commission, the Insurer or Third Party Filer whose filing was disapproved may appeal the determination to a review panel appointed by the Commission.  The Commission shall promulgate Rules to establish procedures for appointing such review panels and provide for notice and hearing. An allegation that the Commission, in disapproving a Product or Advertisement filed with the Commission, acted arbitrarily, capriciously, or in a manner that is an abuse of discretion or otherwise not in accordance with the law, is subject to judicial review in accordance with Article III, Section 4.
2.  The Commission shall have authority to monitor, review and reconsider Products and Advertisement subsequent to their filing or approval upon a finding that the product does not meet the relevant Uniform Standard. Where appropriate, the Commission may withdraw or modify its approval after proper notice and hearing, subject to the appeal process in Section 1 above.
2023 Texas Statutes › Insurance Code › Title 15 - Interstate Insurance Compacts › Chapter 5001 - Interstate Insurance Product Regulation Compact › Article XII. Finance

1.  The Commission shall pay or provide for the payment of the reasonable expenses of its establishment and organization. To fund the cost of its initial operations, the Commission may accept contributions and other forms of funding from the National Association of Insurance Commissioners, Compacting States and other sources. Contributions and other forms of funding from other sources shall be of such a nature that the independence of the Commission concerning the performance of its duties shall not be compromised.
2.  The Commission shall collect a filing fee from each Insurer and Third Party Filer filing a product with the Commission to cover the cost of the operations and activities of the Commission and its staff in a total amount sufficient to cover the Commission's annual budget.
3.  The Commission's budget for a fiscal year shall not be approved until it has been subject to notice and comment as set forth in Article VII of this Compact.
4.  The Commission shall be exempt from all taxation in and by the Compacting States.
5.  The Commission shall not pledge the credit of any Compacting State, except by and with the appropriate legal authority of that Compacting State.
6.  The Commission shall keep complete and accurate accounts of all its internal receipts, including grants and donations, and disbursements of all funds under its control. The internal financial accounts of the Commission shall be subject to the accounting procedures established under its Bylaws.  The financial accounts and reports including the system of internal controls and procedures of the Commission shall be audited annually by an independent certified public accountant.  Upon the determination of the Commission, but no less frequently than every three (3) years, the review of the independent auditor shall include a management and performance audit of the Commission. The Commission shall make an Annual Report to the Governor and legislature of the Compacting States, which shall include a report of the independent audit. The Commission's internal accounts shall not be confidential and such materials may be shared with the Commissioner of any Compacting State upon request provided, however, that any work papers related to any internal or independent audit and any information regarding the privacy of individuals and insurers' proprietary information, including trade secrets, shall remain confidential.
7.  No Compacting State shall have any claim to or ownership of any property held by or vested in the Commission or to any Commission funds held pursuant to the provisions of this Compact.
2023 Texas Statutes › Insurance Code › Title 15 - Interstate Insurance Compacts › Chapter 5001 - Interstate Insurance Product Regulation Compact › Article XIII. Compacting States, Effective Date and Amendment

1.  Any State is eligible to become a Compacting State.
2.  The Compact shall become effective and binding upon legislative enactment of the Compact into law by two Compacting States; provided, the Commission shall become effective for purposes of adopting Uniform Standards for, reviewing, and giving approval or disapproval of, Products filed with the Commission that satisfy applicable Uniform Standards only after twenty-six (26) States are Compacting States or, alternatively, by States representing greater than forty percent (40%) of the premium volume for life insurance, annuity, disability income and long-term care insurance products, based on records of the NAIC for the prior year.  Thereafter, it shall become effective and binding as to any other Compacting State upon enactment of the Compact into law by that State.
3.  Amendments to the Compact may be proposed by the Commission for enactment by the Compacting States. No amendment shall become effective and binding upon the Commission and the Compacting States unless and until all Compacting States enact the amendment into law.
2023 Texas Statutes › Insurance Code › Title 15 - Interstate Insurance Compacts › Chapter 5001 - Interstate Insurance Product Regulation Compact › Article XV. Severability and Construction

1.  The provisions of this Compact shall be severable; and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable.
2.  The provisions of this Compact shall be liberally construed to effectuate its purposes.
2023 Texas Statutes › Insurance Code › Title 15 - Interstate Insurance Compacts › Chapter 5001 - Interstate Insurance Product Regulation Compact › Article XVI. Binding Effect of Compact and Other Laws

1.  Other Laws
a.  Nothing herein prevents the enforcement of any other law of a Compacting State, except as provided in Paragraph b of this section.
b.  For any Product approved or certified to the Commission, the Rules, Uniform Standards and any other requirements of the Commission shall constitute the exclusive provisions applicable to the content, approval and certification of such Products.  For Advertisement that is subject to the Commission's authority, any Rule, Uniform Standard or other requirement of the Commission which governs the content of the Advertisement shall constitute the exclusive provision that a Commissioner may apply to the content of the Advertisement.  Notwithstanding the foregoing, no action taken by the Commission shall abrogate or restrict:  (i) the access of any person to state courts; (ii) remedies available under state law related to breach of contract, tort, or other laws not specifically directed to the content of the Product; (iii) state law relating to the construction of insurance contracts; or (iv) the authority of the attorney general of the state, including but not limited to maintaining any actions or proceedings, as authorized by law.
c.  All insurance products filed with individual States shall be subject to the laws of those States.
2.  Binding Effect of this Compact
a.  All lawful actions of the Commission, including all Rules and Operating Procedures promulgated by the Commission, are binding upon the Compacting States.
b.  All agreements between the Commission and the Compacting States are binding in accordance with their terms.
c.  Upon the request of a party to a conflict over the meaning or interpretation of Commission actions, and upon a majority vote of the Compacting States, the Commission may issue advisory opinions regarding the meaning or interpretation in dispute.
d.  In the event any provision of this Compact exceeds the constitutional limits imposed on the legislature of any Compacting State, the obligations, duties, powers or jurisdiction sought to be conferred by that provision upon the Commission shall be ineffective as to that Compacting State, and those obligations, duties, powers or jurisdiction shall remain in the Compacting State and shall be exercised by the agency thereof to which those obligations, duties, powers or jurisdiction are delegated by law in effect at the time this Compact becomes effective.
Added by Acts 2005, 79th Leg., Ch. 1132 (H.B. 2613), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Insurance Code › Title 15 - Interstate Insurance Compacts › Chapter 5002 - Interstate Health Care Compact › Section 5002.001. Execution of Compact

Sec. 5002.001.  EXECUTION OF COMPACT.  This state enacts the Interstate Health Care Compact and enters into the compact with all other states legally joining in the compact in substantially the following form:
Whereas, the separation of powers, both between the branches of the Federal government and between Federal and State authority, is essential to the preservation of individual liberty;
Whereas, the Constitution creates a Federal government of limited and enumerated powers, and reserves to the States or to the people those powers not granted to the Federal government;
Whereas, the Federal government has enacted many laws that have preempted State laws with respect to Health Care, and placed increasing strain on State budgets, impairing other responsibilities such as education, infrastructure, and public safety;
Whereas, the Member States seek to protect individual liberty and personal control over Health Care decisions, and believe the best method to achieve these ends is by vesting regulatory authority over Health Care in the States;
Whereas, by acting in concert, the Member States may express and inspire confidence in the ability of each Member State to govern Health Care effectively; and
Whereas, the Member States recognize that consent of Congress may be more easily secured if the Member States collectively seek consent through an interstate compact;
NOW THEREFORE, the Member States hereto resolve, and by the adoption into law under their respective State Constitutions of this Health Care Compact, agree, as follows:
2023 Texas Statutes › Insurance Code › Title 15 - Interstate Insurance Compacts › Chapter 5002 - Interstate Health Care Compact › Section 1.

Sec. 1.  Definitions.  As used in this Compact, unless the context clearly indicates otherwise:
"Commission" means the Interstate Advisory Health Care Commission.
"Effective Date" means the date upon which this Compact shall become effective for purposes of the operation of State and Federal law in a Member State, which shall be the later of:
a)  the date upon which this Compact shall be adopted under the laws of the Member State, and
b)  the date upon which this Compact receives the consent of Congress pursuant to Article I, Section 10, of the United States Constitution, after at least two Member States adopt this Compact.
"Health Care" means care, services, supplies, or plans related to the health of an individual and includes but is not limited to:
(a)  preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care and counseling, service, assessment, or procedure with respect to the physical or mental condition or functional status of an individual or that affects the structure or function of the body, and
(b)  sale or dispensing of a drug, device, equipment, or other item in accordance with a prescription, and
(c)  an individual or group plan that provides, or pays the cost of, care, services, or supplies related to the health of an individual, except any care, services, supplies, or plans provided by the United States Department of Defense and United States Department of Veterans Affairs, or provided to Native Americans.
"Member State" means a State that is signatory to this Compact and has adopted it under the laws of that State.
"Member State Base Funding Level" means a number equal to the total Federal spending on Health Care in the Member State during Federal fiscal year 2010.  On or before the Effective Date, each Member State shall determine the Member State Base Funding Level for its State, and that number shall be binding upon that Member State.
"Member State Current Year Funding Level" means the Member State Base Funding Level multiplied by the Member State Current Year Population Adjustment Factor multiplied by the Current Year Inflation Adjustment Factor.
"Member State Current Year Population Adjustment Factor" means the average population of the Member State in the current year less the average population of the Member State in Federal fiscal year 2010, divided by the average population of the Member State in Federal fiscal year 2010, plus 1.  Average population in a Member State shall be determined by the United States Census Bureau.
"Current Year Inflation Adjustment Factor" means the Total Gross Domestic Product Deflator in the current year divided by the Total Gross Domestic Product Deflator in Federal fiscal year 2010.  Total Gross Domestic Product Deflator shall be determined by the Bureau of Economic Analysis of the United States Department of Commerce.
2023 Texas Statutes › Insurance Code › Title 15 - Interstate Insurance Compacts › Chapter 5002 - Interstate Health Care Compact › Section 2.

Sec. 2.  Pledge.  The Member States shall take joint and separate action to secure the consent of the United States Congress to this Compact in order to return the authority to regulate Health Care to the Member States consistent with the goals and principles articulated in this Compact.  The Member States shall improve Health Care policy within their respective jurisdictions and according to the judgment and discretion of each Member State.
2023 Texas Statutes › Insurance Code › Title 15 - Interstate Insurance Compacts › Chapter 5002 - Interstate Health Care Compact › Section 4.

Sec. 4.  State Control.  Each Member State, within its State, may suspend by legislation the operation of all federal laws, rules, regulations, and orders regarding Health Care that are inconsistent with the laws and regulations adopted by the Member State pursuant to this Compact.  Federal and State laws, rules, regulations, and orders regarding Health Care will remain in effect unless a Member State expressly suspends them pursuant to its authority under this Compact.  For any federal law, rule, regulation, or order that remains in effect in a Member State after the Effective Date, that Member State shall be responsible for the associated funding obligations in its State.
2023 Texas Statutes › Insurance Code › Title 15 - Interstate Insurance Compacts › Chapter 5002 - Interstate Health Care Compact › Section 5.

Sec. 5.  Funding.
(a)  Each Federal fiscal year, each Member State shall have the right to Federal monies up to an amount equal to its Member State Current Year Funding Level for that Federal fiscal year, funded by Congress as mandatory spending and not subject to annual appropriation, to support the exercise of Member State authority under this Compact.  This funding shall not be conditional on any action of or regulation, policy, law, or rule being adopted by the Member State.
(b)  By the start of each Federal fiscal year, Congress shall establish an initial Member State Current Year Funding Level for each Member State, based upon reasonable estimates.  The final Member State Current Year Funding Level shall be calculated, and funding shall be reconciled by the United States Congress based upon information provided by each Member State and audited by the United States Government Accountability Office.
2023 Texas Statutes › Insurance Code › Title 15 - Interstate Insurance Compacts › Chapter 5002 - Interstate Health Care Compact › Section 6.

Sec. 6.  Interstate Advisory Health Care Commission.
(a)  The Interstate Advisory Health Care Commission is established.  The Commission consists of members appointed by each Member State through a process to be determined by each Member State.  A Member State may not appoint more than two members to the Commission and may withdraw membership from the Commission at any time.  Each Commission member is entitled to one vote.  The Commission shall not act unless a majority of the members are present, and no action shall be binding unless approved by a majority of the Commission's total membership.
(b)  The Commission may elect from among its membership a Chairperson.  The Commission may adopt and publish bylaws and policies that are not inconsistent with this Compact.  The Commission shall meet at least once a year, and may meet more frequently.
(c)  The Commission may study issues of Health Care regulation that are of particular concern to the Member States.  The Commission may make non-binding recommendations to the Member States.  The legislatures of the Member States may consider these recommendations in determining the appropriate Health Care policies in their respective States.
(d)  The Commission shall collect information and data to assist the Member States in their regulation of Health Care, including assessing the performance of various State Health Care programs and compiling information on the prices of Health Care.  The Commission shall make this information and data available to the legislatures of the Member States.  Notwithstanding any other provision in this Compact, no Member State shall disclose to the Commission the health information of any individual, nor shall the Commission disclose the health information of any individual.
(e)  The Commission shall be funded by the Member States as agreed to by the Member States.  The Commission shall have the responsibilities and duties as may be conferred upon it by subsequent action of the respective legislatures of the Member States in accordance with the terms of this Compact.
(f)  The Commission shall not take any action within a Member State that contravenes any State law of that Member State.
2023 Texas Statutes › Insurance Code › Title 15 - Interstate Insurance Compacts › Chapter 5002 - Interstate Health Care Compact › Section 7.

Sec. 7.  Congressional Consent.  This Compact shall be effective on its adoption by at least two Member States and consent of the United States Congress.  This Compact shall be effective unless the United States Congress, in consenting to this Compact, alters the fundamental purposes of this Compact, which are:
(a)  To secure the right of the Member States to regulate Health Care in their respective States pursuant to this Compact and to suspend the operation of any conflicting federal laws, rules, regulations, and orders within their States; and
(b)  To secure Federal funding for Member States that choose to invoke their authority under this Compact, as prescribed by Section 5 above.
2023 Texas Statutes › Insurance Code › Title 15 - Interstate Insurance Compacts › Chapter 5002 - Interstate Health Care Compact › Section 8.

Sec. 8.  Amendments.  The Member States, by unanimous agreement, may amend this Compact from time to time without the prior consent or approval of Congress and any amendment shall be effective unless, within one year, the Congress disapproves that amendment.  Any State may join this Compact after the date on which Congress consents to the Compact by adoption into law under its State Constitution.
2023 Texas Statutes › Insurance Code › Title 15 - Interstate Insurance Compacts › Chapter 5002 - Interstate Health Care Compact › Section 9.

Sec. 9.  Withdrawal; Dissolution.  Any Member State may withdraw from this Compact by adopting a law to that effect, but no such withdrawal shall take effect until six months after the Governor of the withdrawing Member State has given notice of the withdrawal to the other Member States.  A withdrawing State shall be liable for any obligations that it may have incurred prior to the date on which its withdrawal becomes effective.  This Compact shall be dissolved upon the withdrawal of all but one of the Member States.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 12.01, eff. September 28, 2011.
2023 Texas Statutes › Insurance Code › Title 20 - Regulation of Other Occupations › Chapter 6001 - Fire Extinguisher Service and Installation › Subchapter A. General Provisions › Section 6001.001. Purpose

Sec. 6001.001.  PURPOSE.  The purpose of this chapter is to safeguard lives and property by:
(1)  regulating:
(A)  the leasing, selling, installing, and servicing of portable fire extinguishers; and
(B)  the planning, certifying, installing, and servicing of fixed fire extinguisher systems; and
(2)  prohibiting portable fire extinguishers, fixed fire extinguisher systems, or extinguisher equipment that is not listed by a testing laboratory approved by the department.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1J.001, eff. April 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1004 (H.B. 2447), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Insurance Code › Title 20 - Regulation of Other Occupations › Chapter 6001 - Fire Extinguisher Service and Installation › Subchapter A. General Provisions › Section 6001.002. Definitions

Sec. 6001.002.  DEFINITIONS.  In this chapter:
(1)  "Firm" means an individual, partnership, corporation, or association.
(2)  "Fixed fire extinguisher system" means an assembly of piping, conduits, or containers that convey liquid, powder, or gases to dispersal openings or devices protecting one or more hazards by suppressing or extinguishing fires.
(3)  "Hydrostatic testing" means pressure testing by hydrostatic methods.
(4)  "Insurance agent" means:
(A)  an individual, firm, or corporation licensed under:
(i)  Subchapter E, Chapter 981; or
(ii)  Subchapter A, B, C, D, E, or G, Chapter 4051; or
(B)  an individual authorized to represent an insurance fund or pool created by a municipality, county, or other political subdivision of this state under Chapter 791, Government Code.
(5)  "Portable fire extinguisher" means any device that contains liquid, powder, or gases for suppressing or extinguishing fires.
(5-a)  "Portable fire extinguisher inspection" means a monthly inspection to ensure that a portable fire extinguisher:
(A)  is in the extinguisher's designated location;
(B)  has not been actuated or subject to tampering; and
(C)  does not have any obvious physical damage or another condition that may prevent proper operation of the extinguisher.
(6)  "Registered firm" means a firm that holds a registration certificate.
(7)  "Service" and "servicing" mean servicing a portable fire extinguisher or a fixed fire extinguisher system by charging, filling, maintaining, recharging, refilling, repairing, or testing.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1J.001, eff. April 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 450 (S.B. 1598), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 20 - Regulation of Other Occupations › Chapter 6001 - Fire Extinguisher Service and Installation › Subchapter B. Powers and Duties of Commissioner, › Section 6001.051. Administration of Chapter

Sec. 6001.051.  ADMINISTRATION OF CHAPTER.  (a)  The department shall administer this chapter.
(b)  The commissioner may issue rules the commissioner considers necessary to administer this chapter through the state fire marshal.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1J.001, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 20 - Regulation of Other Occupations › Chapter 6001 - Fire Extinguisher Service and Installation › Subchapter B. Powers and Duties of Commissioner, › Section 6001.052. Adoption of Rules

Sec. 6001.052.  ADOPTION OF RULES.  (a)  In adopting necessary rules, the commissioner may use recognized standards, including standards:
(1)  published by the National Fire Protection Association;
(2)  recognized by federal law or regulation;
(3)  published by any nationally recognized standards-making organization; or
(4)  contained in the manufacturer's installation manuals.
(b)  The commissioner shall adopt and administer rules determined essentially necessary for the protection and preservation of life and property regarding:
(1)  registration of firms engaged in the business of:
(A)  installing or servicing portable fire extinguishers or planning, certifying, installing, or servicing fixed fire extinguisher systems; or
(B)  hydrostatic testing of fire extinguisher cylinders;
(2)  the examination and licensing of individuals to:
(A)  install or service portable fire extinguishers; and
(B)  plan, certify, install, or service fixed fire extinguisher systems; and
(3)  requirements for:
(A)  installing or servicing portable fire extinguishers; and
(B)  planning, certifying, installing, or servicing fixed fire extinguisher systems.
(c)  The commissioner by rule shall prescribe requirements for applications and qualifications for licenses, permits, and certificates issued under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1J.001, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 20 - Regulation of Other Occupations › Chapter 6001 - Fire Extinguisher Service and Installation › Subchapter B. Powers and Duties of Commissioner, › Section 6001.053. Rules Restricting Advertising or Competitive Bidding

Sec. 6001.053.  RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.  (a)  The commissioner may not adopt rules restricting advertising or competitive bidding by the holder of a license, permit, certificate, or approval issued under this chapter except to prohibit false, misleading, or deceptive practices.
(b)  In the commissioner's rules to prohibit false, misleading, or deceptive practices, the commissioner may not include a rule that:
(1)  restricts the use of any medium for advertising;
(2)  restricts the use of a license, permit, certificate, or approval holder's personal appearance or voice in an advertisement;
(3)  relates to the size or duration of an advertisement by the license, permit, certificate, or approval holder; or
(4)  restricts the license, permit, certificate, or approval holder's advertisement under a trade name.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1J.001, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 20 - Regulation of Other Occupations › Chapter 6001 - Fire Extinguisher Service and Installation › Subchapter B. Powers and Duties of Commissioner, › Section 6001.054. General Powers and Duties of Department

Sec. 6001.054.  GENERAL POWERS AND DUTIES OF DEPARTMENT.  (a)  The department shall evaluate the qualifications of a firm:
(1)  applying for a registration certificate to engage in the business of installing or servicing portable fire extinguishers or planning, certifying, installing, or servicing fixed fire extinguisher systems; or
(2)  seeking approval as a testing laboratory.
(b)  The department shall issue:
(1)  registration certificates for firms that qualify under commissioner rules to engage in the business of installing or servicing portable fire extinguishers or planning, certifying, installing, or servicing fixed fire extinguisher systems; and
(2)  licenses, apprentice permits, and authorizations to perform hydrostatic testing to firms or individuals that qualify.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1J.001, eff. April 1, 2009.