reglab/statecodes huggingface dataset:
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle C - Life, Health, and Accident Insurers and Related Entities › Chapter 848 - Health Care Collaboratives › Subchapter B. Authority to Engage in Business › Section 848.059. Concurrence of Attorney General

Sec. 848.059.  CONCURRENCE OF ATTORNEY GENERAL.  (a)  If the commissioner determines that an application for a certificate of authority filed under Section 848.056 complies with the requirements of Section 848.057, the commissioner shall forward the application, and all data, documents, and analysis considered by the commissioner in making the determination, to the attorney general.  The attorney general shall review the application and the data, documents, and analysis and, if the attorney general concurs with the commissioner's determination under Sections 848.057(a)(5) and (6), the attorney general shall notify the commissioner.
(b)  If the attorney general does not concur with the commissioner's determination under Sections 848.057(a)(5) and (6), the attorney general shall notify the commissioner.
(c)  A determination under this section shall be made not later than the 60th day after the date the attorney general receives the application and the data, documents, and analysis from the commissioner.
(d)  If the attorney general lacks sufficient information to make a determination under Sections 848.057(a)(5) and (6), within 60 days of the attorney general's receipt of the application and the data, documents, and analysis the attorney general shall inform the commissioner that the attorney general lacks sufficient information as well as what information the attorney general requires.  The commissioner shall then either provide the additional information to the attorney general or request the additional information from the applicant.  The commissioner shall promptly deliver any such additional information to the attorney general.  The attorney general shall then have 30 days from receipt of the additional information to make a determination under Subsection (a) or (b).
(e)  If the attorney general notifies the commissioner that the attorney general does not concur with the commissioner's determination under Sections 848.057(a)(5) and (6), then, notwithstanding any other provision of this subchapter, the commissioner shall deny the application.
(f)  In reviewing the commissioner's determination, the attorney general shall consider the findings, conclusions, or analyses contained in any other governmental entity's evaluation of the health care collaborative.
(g)  The attorney general at any time may request from the commissioner additional time to consider an application under this section.  The commissioner shall grant the request and notify the applicant of the request.  A request by the attorney general or an order by the commissioner granting a request under this section is not subject to administrative or judicial review.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 4.01, eff. September 28, 2011.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle C - Life, Health, and Accident Insurers and Related Entities › Chapter 848 - Health Care Collaboratives › Subchapter B. Authority to Engage in Business › Section 848.060. Renewal of Certificate of Authority and Determination of Approval

Sec. 848.060.  RENEWAL OF CERTIFICATE OF AUTHORITY AND DETERMINATION OF APPROVAL.  (a)  Not later than the 180th day before the one-year anniversary of the date on which a health care collaborative's certificate of authority was issued or most recently renewed, the health care collaborative shall file with the commissioner an application to renew the certificate.
(b)  An application for renewal must:
(1)  be verified by at least two principal officers of the health care collaborative; and
(2)  include:
(A)  a financial statement of the health care collaborative, including a balance sheet and receipts and disbursements for the preceding calendar year, certified by an independent certified public accountant;
(B)  a description of the service area of the health care collaborative;
(C)  a description of the number and types of physicians and health care providers participating in the health care collaborative;
(D)  an evaluation of the quality and cost of health care services provided by the health care collaborative;
(E)  an evaluation of the health care collaborative's processes to promote evidence-based medicine, patient engagement, and coordination of health care services provided by the health care collaborative;
(F)  the number, nature, and disposition of any complaints filed with the health care collaborative under Section 848.107; and
(G)  any other information required by the commissioner.
(c)  If a completed application for renewal is filed under this section:
(1)  the commissioner shall conduct a review under Section 848.057 as if the application for renewal were a new application, and, on approval by the commissioner, the attorney general shall review the application under Section 848.059 as if the application for renewal were a new application; and
(2)  the commissioner shall renew or deny the renewal of a certificate of authority at least 20 days before the one-year anniversary of the date on which a health care collaborative's certificate of authority was issued.
(d)  If the commissioner does not act on a renewal application before the one-year anniversary of the date on which a health care collaborative's certificate of authority was issued or renewed, the health care collaborative's certificate of authority expires on the 90th day after the date of the one-year anniversary unless the renewal of the certificate of authority or determination of approval, as applicable, is approved before that date.
(e)  A health care collaborative shall report to the department a material change in the size or composition of the collaborative.  On receipt of a report under this subsection, the department may require the collaborative to file an application for renewal before the date required by Subsection (a).
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 4.01, eff. September 28, 2011.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle C - Life, Health, and Accident Insurers and Related Entities › Chapter 848 - Health Care Collaboratives › Subchapter C. General Powers and Duties of Health Care Collaborative › Section 848.101. Providing or Arranging for Services

Sec. 848.101.  PROVIDING OR ARRANGING FOR SERVICES.  (a)  A health care collaborative may provide or arrange for health care services through contracts with physicians and health care providers or with entities contracting on behalf of participating physicians and health care providers.
(b)  A health care collaborative may not prohibit a physician or other health care provider, as a condition of participating in the health care collaborative, from participating in another health care collaborative.
(c)  A health care collaborative may not use a covenant not to compete to prohibit a physician from providing medical services or participating in another health care collaborative in the same service area.
(d)  Except as provided by Subsection (f), on written consent of a patient who was treated by a physician participating in a health care collaborative, the health care collaborative shall provide the physician with the medical records of the patient, regardless of whether the physician is participating in the health care collaborative at the time the request for the records is made.
(e)  Records provided under Subsection (d) shall be made available to the physician in the format in which the records are maintained by the health care collaborative.  The health care collaborative may charge the physician a fee for copies of the records, as established by the Texas Medical Board.
(f)  If a physician requests a patient's records from a health care collaborative under Subsection (d) for the purpose of providing emergency treatment to the patient:
(1)  the health care collaborative may not charge a fee to the physician under Subsection (e); and
(2)  the health care collaborative shall provide the records to the physician regardless of whether the patient has provided written consent.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 4.01, eff. September 28, 2011.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle C - Life, Health, and Accident Insurers and Related Entities › Chapter 848 - Health Care Collaboratives › Subchapter C. General Powers and Duties of Health Care Collaborative › Section 848.102. Insurance, Reinsurance, Indemnity, and Reimbursement

Sec. 848.102.  INSURANCE, REINSURANCE, INDEMNITY, AND REIMBURSEMENT.  A health care collaborative may contract with an insurer authorized to engage in business in this state to provide insurance, reinsurance, indemnification, or reimbursement against the cost of health care and medical care services provided by the health care collaborative.  This section does not affect the requirement that the health care collaborative maintain sufficient working capital and reserves.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 4.01, eff. September 28, 2011.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle C - Life, Health, and Accident Insurers and Related Entities › Chapter 848 - Health Care Collaboratives › Subchapter C. General Powers and Duties of Health Care Collaborative › Section 848.103. Payment by Governmental or Private Entity

Sec. 848.103.  PAYMENT BY GOVERNMENTAL OR PRIVATE ENTITY.  (a)  A health care collaborative may:
(1)  contract for and accept payments from a governmental or private entity for all or part of the cost of services provided or arranged for by the health care collaborative; and
(2)  distribute payments to participating physicians and health care providers.
(b)  Notwithstanding any other law, a health care collaborative that is in compliance with this code, including Chapters 841, 842, and 843, as applicable, may contract for, accept, and distribute payments from governmental or private payors based on fee-for-service or alternative payment mechanisms, including:
(1)  episode-based or condition-based bundled payments;
(2)  capitation or global payments; or
(3)  pay-for-performance or quality-based payments.
(c)  Except as provided by Subsection (d), a health care collaborative may not contract for and accept payment from a governmental or private entity on a prepaid, capitation, or indemnity basis unless the health care collaborative is licensed as a health maintenance organization or insurer.  The department shall review a health care collaborative's proposed payment methodology in contracts with governmental or private entities to ensure compliance with this section.
(d)  A health care collaborative may contract for and accept compensation on a prepaid or capitation basis from a health maintenance organization or insurer.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 4.01, eff. September 28, 2011.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle C - Life, Health, and Accident Insurers and Related Entities › Chapter 848 - Health Care Collaboratives › Subchapter C. General Powers and Duties of Health Care Collaborative › Section 848.104. Contracts for Administrative or Management Services

Sec. 848.104.  CONTRACTS FOR ADMINISTRATIVE OR MANAGEMENT SERVICES.  A health care collaborative may contract with any person, including an affiliated entity, to perform administrative, management, or any other required business functions on behalf of the health care collaborative.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 4.01, eff. September 28, 2011.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle C - Life, Health, and Accident Insurers and Related Entities › Chapter 848 - Health Care Collaboratives › Subchapter C. General Powers and Duties of Health Care Collaborative › Section 848.105. Corporation, Partnership, or Association Powers

Sec. 848.105.  CORPORATION, PARTNERSHIP, OR ASSOCIATION POWERS.  A health care collaborative has all powers of a partnership, association, corporation, or limited liability company, including a professional association or corporation, as appropriate under the organizational documents of the health care collaborative, that are not in conflict with this chapter or other applicable law.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 4.01, eff. September 28, 2011.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle C - Life, Health, and Accident Insurers and Related Entities › Chapter 848 - Health Care Collaboratives › Subchapter C. General Powers and Duties of Health Care Collaborative › Section 848.106. Quality and Cost of Health Care Services

Sec. 848.106.  QUALITY AND COST OF HEALTH CARE SERVICES.  (a)  A health care collaborative shall establish policies to improve the quality and control the cost of health care services provided by participating physicians and health care providers that are consistent with prevailing professionally recognized standards of medical practice.  The policies must include standards and procedures relating to:
(1)  the selection and credentialing of participating physicians and health care providers;
(2)  the development, implementation, monitoring, and evaluation of evidence-based best practices and other processes to improve the quality and control the cost of health care services provided by participating physicians and health care providers, including practices or processes to reduce the occurrence of potentially preventable events;
(3)  the development, implementation, monitoring, and evaluation of processes to improve patient engagement and coordination of health care services provided by participating physicians and health care providers; and
(4)  complaints initiated by participating physicians, health care providers, and patients under Section 848.107.
(b)  The governing body of a health care collaborative shall establish a procedure for the periodic review of quality improvement and cost control measures.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 4.01, eff. September 28, 2011.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle C - Life, Health, and Accident Insurers and Related Entities › Chapter 848 - Health Care Collaboratives › Subchapter C. General Powers and Duties of Health Care Collaborative › Section 848.107. Complaint Systems

Sec. 848.107.  COMPLAINT SYSTEMS.  (a)  A health care collaborative shall implement and maintain complaint systems that provide reasonable procedures to resolve an oral or written complaint initiated by:
(1)  a patient who received health care services provided by a participating physician or health care provider; or
(2)  a participating physician or health care provider.
(b)  The complaint system for complaints initiated by patients must include a process for the notice and appeal of a complaint.
(c)  A health care collaborative may not take a retaliatory or adverse action against a physician or health care provider who files a complaint with a regulatory authority regarding an action of the health care collaborative.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 4.01, eff. September 28, 2011.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle C - Life, Health, and Accident Insurers and Related Entities › Chapter 848 - Health Care Collaboratives › Subchapter C. General Powers and Duties of Health Care Collaborative › Section 848.108. Delegation Agreements

Sec. 848.108.  DELEGATION AGREEMENTS.  (a)  Except as provided by Subsection (b), a health care collaborative that enters into a delegation agreement described by Section 1272.001 is subject to the requirements of Chapter 1272 in the same manner as a health maintenance organization.
(b)  Section 1272.301 does not apply to a delegation agreement entered into by a health care collaborative.
(c)  A health care collaborative may enter into a delegation agreement with an entity licensed under Chapter 841, 842, or 883 if the delegation agreement assigns to the entity responsibility for:
(1)  a function regulated by:
(A)  Chapter 222;
(B)  Chapter 841;
(C)  Chapter 842;
(D)  Chapter 883;
(E)  Chapter 1272;
(F)  Chapter 1301;
(G)  Chapter 4201;
(H)  Section 1367.053; or
(I)  Subchapter A, Chapter 1507; or
(2)  another function specified by commissioner rule.
(d)  A health care collaborative that enters into a delegation agreement under this section shall maintain reserves and capital in addition to the amounts required under Chapter 1272, in an amount and form determined by rule of the commissioner to be necessary for the liabilities and risks assumed by the health care collaborative.
(e)  A health care collaborative that enters into a delegation agreement under this section is subject to Chapters 404, 441, and 443 and is considered to be an insurer for purposes of those chapters.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 4.01, eff. September 28, 2011.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle C - Life, Health, and Accident Insurers and Related Entities › Chapter 848 - Health Care Collaboratives › Subchapter C. General Powers and Duties of Health Care Collaborative › Section 848.109. Validity of Operations and Trade Practices of Health Care Collaboratives

Sec. 848.109.  VALIDITY OF OPERATIONS AND TRADE PRACTICES OF HEALTH CARE COLLABORATIVES.  The operations and trade practices of a health care collaborative that are consistent with the provisions of this chapter, the rules adopted under this chapter, and applicable federal antitrust laws are presumed to be consistent with Chapter 15, Business & Commerce Code, or any other applicable provision of law.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 4.01, eff. September 28, 2011.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle C - Life, Health, and Accident Insurers and Related Entities › Chapter 848 - Health Care Collaboratives › Subchapter C. General Powers and Duties of Health Care Collaborative › Section 848.110. Rights of Physicians; Limitations on Participation

Sec. 848.110.  RIGHTS OF PHYSICIANS; LIMITATIONS ON PARTICIPATION.  (a)  Before a complaint against a physician under Section 848.107 is resolved, or before a physician's association with a health care collaborative is terminated, the physician is entitled to an opportunity to dispute the complaint or termination through a process that includes:
(1)  written notice of the complaint or basis of the termination;
(2)  an opportunity for a hearing not earlier than the 30th day after receiving notice under Subdivision (1);
(3)  the right to provide information at the hearing, including testimony and a written statement; and
(4)  a written decision that includes the specific facts and reasons for the decision.
(b)  A health care collaborative may limit a physician or group of physicians from participating in the health care collaborative if the limitation is based on an established development plan approved by the board of directors.  Each applicant physician or group shall be provided with a copy of the development plan.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 4.01, eff. September 28, 2011.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle C - Life, Health, and Accident Insurers and Related Entities › Chapter 848 - Health Care Collaboratives › Subchapter D. Regulation of Health Care Collaboratives › Section 848.151. Rules

Sec. 848.151.  RULES.  The commissioner and the attorney general may adopt reasonable rules as necessary and proper to implement the requirements of this chapter.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 4.01, eff. September 28, 2011.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle C - Life, Health, and Accident Insurers and Related Entities › Chapter 848 - Health Care Collaboratives › Subchapter D. Regulation of Health Care Collaboratives › Section 848.152. Fees and Assessments

Sec. 848.152.  FEES AND ASSESSMENTS.  (a)  The commissioner shall, within the limits prescribed by this section, prescribe the fees to be charged and the assessments to be imposed under this section.
(b)  Amounts collected under this section shall be deposited to the credit of the Texas Department of Insurance operating account.
(c)  A health care collaborative shall pay to the department:
(1)  an application fee in an amount determined by commissioner rule; and
(2)  an annual assessment in an amount determined by commissioner rule.
(d)  The commissioner shall set fees and assessments under this section in an amount sufficient to pay the reasonable expenses of the department and attorney general in administering this chapter, including the direct and indirect expenses incurred by the department and attorney general in examining and reviewing health care collaboratives.  Fees and assessments imposed under this section shall be allocated among health care collaboratives on a pro rata basis to the extent that the allocation is feasible.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 4.01, eff. September 28, 2011.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle C - Life, Health, and Accident Insurers and Related Entities › Chapter 848 - Health Care Collaboratives › Subchapter D. Regulation of Health Care Collaboratives › Section 848.153. Examinations

Sec. 848.153.  EXAMINATIONS.  (a)  The commissioner may examine the financial affairs and operations of any health care collaborative or applicant for a certificate of authority under this chapter.
(b)  A health care collaborative shall make its books and records relating to its financial affairs and operations available for an examination by the commissioner or attorney general.
(c)  On request of the commissioner or attorney general, a health care collaborative shall provide to the commissioner or attorney general, as applicable:
(1)  a copy of any contract, agreement, or other arrangement between the health care collaborative and a physician or health care provider; and
(2)  a general description of the fee arrangements between the health care collaborative and the physician or health care provider.
(d)  Documentation provided to the commissioner or attorney general under this section is confidential and is not subject to disclosure under Chapter 552, Government Code.
(e)  The commissioner or attorney general may disclose the results of an examination conducted under this section or documentation provided under this section to a governmental agency that contracts with a health care collaborative for the purpose of determining financial stability, readiness, or other contractual compliance needs.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 4.01, eff. September 28, 2011.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle C - Life, Health, and Accident Insurers and Related Entities › Chapter 848 - Health Care Collaboratives › Subchapter E. Enforcement › Section 848.201. Enforcement Actions

Sec. 848.201.  ENFORCEMENT ACTIONS.  (a)  After notice and opportunity for a hearing, the commissioner may:
(1)  suspend or revoke a certificate of authority issued to a health care collaborative under this chapter;
(2)  impose sanctions under Chapter 82;
(3)  issue a cease and desist order under Chapter 83; or
(4)  impose administrative penalties under Chapter 84.
(b)  The commissioner may take an enforcement action listed in Subsection (a) against a health care collaborative if the commissioner finds that the health care collaborative:
(1)  is operating in a manner that is:
(A)  significantly contrary to its basic organizational documents; or
(B)  contrary to the manner described in and reasonably inferred from other information submitted under Section 848.057;
(2)  does not meet the requirements of Section 848.057;
(3)  cannot fulfill its obligation to provide health care services as required under its contracts with governmental or private entities;
(4)  does not meet the requirements of Chapter 1272, if applicable;
(5)  has not implemented the complaint system required by Section 848.107 in a manner to resolve reasonably valid complaints;
(6)  has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive, or unfair manner or a person on behalf of the health care collaborative has advertised or merchandised the health care collaborative's services in an untrue, misrepresentative, misleading, deceptive, or untrue manner;
(7)  has not complied substantially with this chapter or a rule adopted under this chapter;
(8)  has not taken corrective action the commissioner considers necessary to correct a failure to comply with this chapter, any applicable provision of this code, or any applicable rule or order of the commissioner not later than the 30th day after the date of notice of the failure or within any longer period specified in the notice and determined by the commissioner to be reasonable; or
(9)  has or is utilizing market power in an anticompetitive manner, in accordance with established antitrust principles of market power analysis.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 4.01, eff. September 28, 2011.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle C - Life, Health, and Accident Insurers and Related Entities › Chapter 848 - Health Care Collaboratives › Subchapter E. Enforcement › Section 848.202. Operations During Suspension or After Revocation of Certificate of Authority

Sec. 848.202.  OPERATIONS DURING SUSPENSION OR AFTER REVOCATION OF CERTIFICATE OF AUTHORITY.  (a)  During the period a certificate of authority of a health care collaborative is suspended, the health care collaborative may not:
(1)  enter into a new contract with a governmental or private entity; or
(2)  advertise or solicit in any way.
(b)  After a certificate of authority of a health care collaborative is revoked, the health care collaborative:
(1)  shall proceed, immediately following the effective date of the order of revocation, to conclude its affairs;
(2)  may not conduct further business except as essential to the orderly conclusion of its affairs; and
(3)  may not advertise or solicit in any way.
(c)  Notwithstanding Subsection (b), the commissioner may, by written order, permit the further operation of the health care collaborative to the extent that the commissioner finds necessary to serve the best interest of governmental or private entities that have entered into contracts with the health care collaborative.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 4.01, eff. September 28, 2011.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle C - Life, Health, and Accident Insurers and Related Entities › Chapter 848 - Health Care Collaboratives › Subchapter E. Enforcement › Section 848.203. Injunctions

Sec. 848.203.  INJUNCTIONS.  If the commissioner believes that a health care collaborative or another person is violating or has violated this chapter or a rule adopted under this chapter, the attorney general at the request of the commissioner may bring an action in a Travis County district court to enjoin the violation and obtain other relief the court considers appropriate.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 4.01, eff. September 28, 2011.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle C - Life, Health, and Accident Insurers and Related Entities › Chapter 848 - Health Care Collaboratives › Subchapter E. Enforcement › Section 848.204. Notice

Sec. 848.204.  NOTICE.  The commissioner shall:
(1)  report any action taken under this subchapter to:
(A)  the relevant state licensing or certifying agency or board; and
(B)  the United States Department of Health and Human Services National Practitioner Data Bank; and
(2)  post notice of the action on the department's Internet website.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 4.01, eff. September 28, 2011.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle C - Life, Health, and Accident Insurers and Related Entities › Chapter 848 - Health Care Collaboratives › Subchapter E. Enforcement › Section 848.205. Independent Authority of Attorney General

Sec. 848.205.  INDEPENDENT AUTHORITY OF ATTORNEY GENERAL.  (a)  The attorney general may:
(1)  investigate a health care collaborative with respect to anticompetitive behavior that is contrary to the goals and requirements of this chapter; and
(2)  request that the commissioner:
(A)  impose a penalty or sanction;
(B)  issue a cease and desist order; or
(C)  suspend or revoke the health care collaborative's certificate of authority.
(b)  This section does not limit any other authority or power of the attorney general.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 4.01, eff. September 28, 2011.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle D - Casualty Companies › Chapter 861 - General Casualty Companies › Subchapter A. General Provisions › Section 861.001. Definitions

Sec. 861.001.  DEFINITIONS.  In this chapter:
(1)  "General casualty company" means an accident or casualty insurance company organized or engaging in the business of insurance under this chapter.
(2)  "Incorporators" means those persons who associate by written articles of incorporation to organize a general casualty company.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle D - Casualty Companies › Chapter 861 - General Casualty Companies › Subchapter B. Formation and Structure of General Casualty Company › Section 861.051. Formation of Company Authorized

Sec. 861.051.  FORMATION OF COMPANY AUTHORIZED.  Three or more persons, a majority of whom are residents of this state, may form a general casualty company in accordance with this chapter to write insurance described by Subchapter E.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle D - Casualty Companies › Chapter 861 - General Casualty Companies › Subchapter B. Formation and Structure of General Casualty Company › Section 861.052. Articles of Incorporation; Filing and Recording Requirement

Sec. 861.052.  ARTICLES OF INCORPORATION;  FILING AND RECORDING REQUIREMENT.  (a)  The articles of incorporation for a general casualty company must specify:
(1)  the general purpose of the company;  and
(2)  the proposed duration of the company.
(b)  The incorporators shall file with the department:
(1)  articles of incorporation for the general casualty company;
(2)  a charter fee in the amount determined under Chapter 202; and
(3)  an affidavit, made by two or more of the incorporators, that all of the general casualty company's stock is subscribed in good faith and fully paid for.
(c)  On receipt of a filing under Subsection (b), the department shall record the articles of incorporation in records maintained for that purpose.
(d)  On receipt of a fee in the amount determined under Chapter 202, the department shall provide the incorporators with a certified copy of the articles of incorporation.
(e)  On receipt of a certified copy of the articles of incorporation, the general casualty company is a body politic and corporate, and the incorporators may complete organization of the company in accordance with Section 861.055.
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.060, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle D - Casualty Companies › Chapter 861 - General Casualty Companies › Subchapter B. Formation and Structure of General Casualty Company › Section 861.053. Preliminary Officers and Directors

Sec. 861.053.  PRELIMINARY OFFICERS AND DIRECTORS.  The incorporators shall choose from among themselves a president, a secretary, a treasurer, and at least three directors who continue in office until:
(1)  the first anniversary of the date the articles of incorporation are filed;  and
(2)  their successors are chosen and qualify.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle D - Casualty Companies › Chapter 861 - General Casualty Companies › Subchapter B. Formation and Structure of General Casualty Company › Section 861.054. Subscription of Stock

Sec. 861.054.  SUBSCRIPTION OF STOCK.  The incorporators shall:
(1)  open books for the subscription of stock in the general casualty company at the times and places the incorporators consider convenient and proper;  and
(2)  keep the books open until the full amount specified in the articles of incorporation is subscribed.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle D - Casualty Companies › Chapter 861 - General Casualty Companies › Subchapter B. Formation and Structure of General Casualty Company › Section 861.055. Organizational Meeting

Sec. 861.055.  ORGANIZATIONAL MEETING.  (a)  After receiving a certified copy of the articles of incorporation under Section 861.052, a general casualty company shall promptly call a meeting of the company's shareholders.
(b)  At the meeting the shareholders shall:
(1)  adopt bylaws to govern the company;  and
(2)  elect a board of directors composed of shareholders of the company.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle D - Casualty Companies › Chapter 861 - General Casualty Companies › Subchapter C. Authority to Engage in Business › Section 861.101. Certificate of Authority Required

Sec. 861.101.  CERTIFICATE OF AUTHORITY REQUIRED.  A general casualty company may not engage in the business of insurance in this state without a certificate of authority issued under this chapter.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle D - Casualty Companies › Chapter 861 - General Casualty Companies › Subchapter C. Authority to Engage in Business › Section 861.102. Issuance of Certificate of Authority

Sec. 861.102.  ISSUANCE OF CERTIFICATE OF AUTHORITY.  (a)  The department shall issue a certificate of authority to a general casualty company authorizing the company to engage in the business of insurance under this chapter if:
(1)  the company meets the requirements of this chapter;  and
(2)  the commissioner has granted a charter to the company in the manner provided by Sections 822.051, 822.052, 822.053, 822.054, 822.057, 822.058, 822.059, 822.060, and 822.210.
(b)  A certificate of authority is evidence of a general casualty company's authorization to engage in the business of insurance under this chapter and of the company's solvency and credits.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle D - Casualty Companies › Chapter 861 - General Casualty Companies › Subchapter D. Powers and Duties of General Casualty Company › Section 861.151. Authority of Board of Directors

Sec. 861.151.  AUTHORITY OF BOARD OF DIRECTORS.  Subject to the bylaws of the company as adopted or amended by the shareholders or directors, the board of directors of a general casualty company has full control and management of the company.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle D - Casualty Companies › Chapter 861 - General Casualty Companies › Subchapter D. Powers and Duties of General Casualty Company › Section 861.152. General Powers of Company

Sec. 861.152.  GENERAL POWERS OF COMPANY.  A general casualty company may:
(1)  sue or be sued in the name of the company;
(2)  make or enforce contracts in relation to the business of the company;
(3)  have and use a common seal;
(4)  in its own name, or through a trustee chosen by the board of directors, acquire, purchase, hold, and dispose of real and personal property to further the purposes of the company;  and
(5)  through its board of directors, trustees, or managers, adopt and amend bylaws that include provisions establishing the qualifications, duties, and terms of office of and the manner of electing directors, trustees, or managers and officers of the company.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle D - Casualty Companies › Chapter 861 - General Casualty Companies › Subchapter D. Powers and Duties of General Casualty Company › Section 861.153. Authorized Shares

Sec. 861.153.  AUTHORIZED SHARES.  (a)  A general casualty company may increase or decrease its capital stock after:
(1)  the intent to increase the stock is ratified by a two-thirds vote of the shareholders or the intent to decrease the stock is ratified by a majority vote of the shareholders;  and
(2)  notice of the intent to increase or decrease the stock is published in a newspaper of general circulation for five consecutive days.
(b)  An increase in capital stock must be equal to an amount of at least $50,000.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle D - Casualty Companies › Chapter 861 - General Casualty Companies › Subchapter D. Powers and Duties of General Casualty Company › Section 861.154. Dividends

Sec. 861.154.  DIVIDENDS.  Except as authorized by Sections 403.001 and 403.051, the directors of a general casualty company may not issue dividends.
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.061, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle D - Casualty Companies › Chapter 861 - General Casualty Companies › Subchapter D. Powers and Duties of General Casualty Company › Section 861.155. Interference With Conduct of Business Prohibited; Exceptions

Sec. 861.155.  INTERFERENCE WITH CONDUCT OF BUSINESS PROHIBITED;  EXCEPTIONS.  A person, including the department and the commissioner, may not restrain or interfere with the conduct of business of a general casualty company, except in:
(1)  a revocation of the company's certificate of authority and appointment of a receiver under Section 861.701;
(2)  an action by a judgment creditor;  or
(3)  a proceeding supplementary to execution.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle D - Casualty Companies › Chapter 861 - General Casualty Companies › Subchapter E. Insurance Coverage Provided by General Casualty Companies › Section 861.201. Kinds of Insurance Authorized

Sec. 861.201.  KINDS OF INSURANCE AUTHORIZED.  (a)  A general casualty company may:
(1)  insure a person against:
(A)  bodily injury, disability, or death that results from an accident;  or
(B)  disability that results from disease;
(2)  insure against loss or damage that results from an accident or injury sustained by an employee or other person, for which accident or injury the insured is liable;
(3)  insure against loss or damage that results from an accident to or injury sustained by a person, for which loss the insured is liable, other than employers liability insurance under Subdivision (2);
(4)  insure against loss or damage by burglary, theft, or housebreaking;
(5)  insure glass against breakage;
(6)  insure a steam boiler, elevator, electrical device, or engine and any machinery or appliance used or operated in connection with a steam boiler, elevator, electrical device, or engine;
(7)  insure against loss or damage from injury to a person or property that results accidentally from an item described by Subdivision (6);
(8)  insure against loss or damage by water to goods or premises that arises from the breakage or leakage of a sprinkler or water pipe;
(9)  insure against loss that:
(A)  results from accidental damage to an automobile;  or
(B)  is caused accidentally by an automobile;
(10)  insure a person, association, or corporation against loss or damage that results from giving or extending credit;
(11)  insure against loss that results from the nonpayment of the principal of or interest on a bond, mortgage, or other evidence of indebtedness;
(12)  write marine insurance, which may include insurance against the hazards and perils incident to war;  or
(13)  insure against any other casualty or insurance risk, other than fire or life insurance, specified in the company's articles of incorporation that:
(A)  may be lawfully made the subject of insurance;  and
(B)  is not otherwise provided for by this chapter.
(b)  A general casualty company may engage in one or more of the activities specified by Subsection (a).
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle D - Casualty Companies › Chapter 861 - General Casualty Companies › Subchapter F. Regulation of General Casualty Company › Section 861.251. Minimum Capital and Surplus

Sec. 861.251.  MINIMUM CAPITAL AND SURPLUS.  (a)  A general casualty company must have at least the minimum capital and surplus applicable to casualty, fidelity, guaranty, surety, and trust companies under Sections 822. 054, 822.210, and 822.211.  At the time of incorporation, the required capital and surplus must be in cash.
(b)  After incorporation and issuance of a certificate of authority, a general casualty company shall invest the minimum capital and surplus as provided by Section 822.204.  The company shall invest all other funds of the company in excess of the minimum capital and surplus as provided by:
(1)  a provision of Subchapter B, Chapter 424, other than Section 424.052, 424.072, or 424.073; and
(2)  Section 862.002.
(c)  A general casualty company may not loan any part of the company's capital or paid in surplus to an officer of the company.
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.062, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle D - Casualty Companies › Chapter 861 - General Casualty Companies › Subchapter F. Regulation of General Casualty Company › Section 861.252. Security Deposit

Sec. 861.252.  SECURITY DEPOSIT.
(a)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 447, Sec. 2, eff. June 14, 2013.
(b)  If, as a prerequisite to engaging in the business of insurance in another state, country, or province, a general casualty company is required to deposit with the appropriate officer of that state, country, or province, or with the comptroller, securities or cash, the company may deposit with the comptroller any authorized securities or cash sufficient to meet the requirement.  The comptroller shall receive and hold the deposit exclusively for the protection of policyholders of the company.
(c)  A general casualty company may withdraw a deposit made under Subsection (b) if the company files with the department satisfactory evidence, as determined by the commissioner, that the company:
(1)  has withdrawn from business in the other state, country, or province;  and
(2)  has no unsecured liabilities outstanding in the other state, country, or province.
(d)  A general casualty company may change the company's securities on deposit with the comptroller by withdrawing those securities and substituting an equal amount of other securities  consisting only of:
(1)  United States currency;
(2)  bonds of any state;
(3)  bonds or other evidences of indebtedness of the United States the principal and interest of which are guaranteed by the United States;
(4)  bonds or other interest-bearing evidences of indebtedness of a county or municipality of any state;
(5)  notes secured by first mortgages:
(A)  on otherwise unencumbered real property in this state the title to which is valid; and
(B)  the payment of which is insured wholly or partly by the United States; or
(6)  another form of security acceptable to the commissioner.
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.063, eff. April 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 447 (S.B. 801), Sec. 1, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 447 (S.B. 801), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle D - Casualty Companies › Chapter 861 - General Casualty Companies › Subchapter F. Regulation of General Casualty Company › Section 861.253. Interest on Security Deposits

Sec. 861.253.  INTEREST ON SECURITY DEPOSITS.  (a)  A general casualty company with securities on deposit under this chapter is entitled to collect the interest on the deposits as the interest becomes due.  The comptroller shall deliver to the company the coupons or other evidence of interest pertaining to the deposits.
(b)  The comptroller shall collect a general casualty company's interest described by Subsection (a) as the interest becomes due and hold that interest as additional security if:
(1)  the company fails to deposit additional security as required by the commissioner;  or
(2)  proceedings are pending to wind up or enjoin the company.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
2023 Texas Statutes › Insurance Code › Title 6 - Organization of Insurers and Related Entities › Subtitle D - Casualty Companies › Chapter 861 - General Casualty Companies › Subchapter F. Regulation of General Casualty Company › Section 861.255. Rules Regarding Certain Assets

Sec. 861.255.  RULES REGARDING CERTAIN ASSETS.  (a)  The value of the electronic machines and systems, office equipment, furniture, other machines, and labor-saving devices specified in Section 861.254(c)(9), as determined under this section and in accordance with rules adopted by the commissioner, is an admitted asset of the company.
(b)  The commissioner may adopt rules defining electronic machines and systems, office equipment, furniture, other machines, and labor-saving devices as specified in Section 861.254(c)(9) and stating the maximum period for which each class of equipment may be amortized.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.