reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 22 - PRIVACY › Subchapter A - INSURANCE CONSUMER FINANCIAL INFORMATION PRIVACY › Section 22.17 - Exception to Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Service Providers and Joint Marketing

Current through Reg. 49, No. 28; July 12, 2024
(a) The opt out requirements in §
										22.11
				  of this title (relating to Form of Opt Out Notice to Consumers and Opt Out
				  Methods) and §
										22.14
				  of this title (relating to Limits on Disclosure of Nonpublic Personal Financial
				  Information to Nonaffiliated Third Parties) do not apply when a covered entity
				  provides nonpublic personal financial information to a nonaffiliated third
				  party to perform services for the covered entity or functions on the covered
				  entity's behalf, if the covered entity:
(1)
				  provides the initial notice in accordance with §
											22.8 of
				  this title (relating to Initial Privacy Notice); and
(2) enters into a contractual agreement with
				  the third party that prohibits the third party from disclosing or using the
				  information other than to carry out the purposes for which the covered entity
				  disclosed the information, including use under an exception in §
											22.18
				  of this title (relating to Exceptions to Notice and Opt Out Requirements for
				  Disclosure of Nonpublic Personal Financial Information for Processing and
				  Servicing Transactions) and §
											22.19
				  of this title (relating to Other Exceptions to Notice and Opt Out Requirements
				  for Disclosure of Nonpublic Personal Financial Information) in the ordinary
				  course of business to carry out those purposes.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 22 - PRIVACY › Subchapter A - INSURANCE CONSUMER FINANCIAL INFORMATION PRIVACY › Section 22.18 - Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Processing and Servicing Transactions

Current through Reg. 49, No. 28; July 12, 2024
(a) If the covered entity discloses nonpublic
				  personal financial information as necessary to effect, administer or enforce a
				  transaction that a consumer requests or authorizes, or in connection with a
				  transaction listed in subsection (b) of this section, the following do not
				  apply:
(1) provision of the initial notice in
				  §
											22.8(a)(2)
				  of this title (relating to Initial Privacy Notice),
(2) the opt out requirements in §
											22.11
				  of this title (relating to Form of Opt Out Notice to Consumers and Opt Out
				  Methods) and the limitations on disclosure in §
											22.14
				  of this title (relating to Limits on Disclosure of Nonpublic Personal Financial
				  Information to Nonaffiliated Third Parties), and
(3) the requirements pertaining to service
				  providers and joint marketing in §
											22.17
				  of this title (relating to Exception to Opt Out Requirements for Disclosure of
				  Nonpublic Personal Financial Information for Service Providers and Joint
				  Marketing).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 22 - PRIVACY › Subchapter A - INSURANCE CONSUMER FINANCIAL INFORMATION PRIVACY › Section 22.20 - Protection of Fair Credit Reporting Act

Current through Reg. 49, No. 28; July 12, 2024
Nothing in this subchapter shall be construed to modify,
					 limit or supersede the operation of the federal Fair Credit Reporting Act
					 (15
					 U.S.C.1681 et seq.), and no inference shall
					 be drawn on the basis of the provisions of this subchapter regarding whether
					 information is transaction or experience information under Section 603 of that
					 Act.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 22 - PRIVACY › Subchapter A - INSURANCE CONSUMER FINANCIAL INFORMATION PRIVACY › Section 22.21 - Nondiscrimination

Current through Reg. 49, No. 28; July 12, 2024
A covered entity shall not unfairly discriminate against
					 any consumer or customer because that consumer or customer has opted out from
					 the disclosure of his or her nonpublic personal financial information pursuant
					 to the provisions of this subchapter.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 22 - PRIVACY › Subchapter A - INSURANCE CONSUMER FINANCIAL INFORMATION PRIVACY › Section 22.22 - Violation

Current through Reg. 49, No. 28; July 12, 2024
A violation of any section of this subchapter will subject
					 the covered entity to the disciplinary and enforcement sanctions and penalties
					 provided in Insurance Code, Chapters 82, 83, 84, and 601.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 22 - PRIVACY › Subchapter A - INSURANCE CONSUMER FINANCIAL INFORMATION PRIVACY › Section 22.23 - Severability

Current through Reg. 49, No. 28; July 12, 2024
If any section or portion of a section of this subchapter
					 or its applicability to any person or circumstance is held invalid by a court,
					 the remainder of the subchapter or the applicability of the provision to other
					 persons or circumstances shall not be affected.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 22 - PRIVACY › Subchapter A - INSURANCE CONSUMER FINANCIAL INFORMATION PRIVACY › Section 22.24 - Effective Date

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter
				  is effective July 12, 2001.
(b) By
				  September 10, 2001, a covered entity shall provide an initial notice, as
				  required by §
										22.8 of
				  this title (relating to Initial Privacy Notice), to consumers who are the
				  covered entity's customers on September 10, 2001. For example, a covered entity
				  provides an initial notice to consumers who are its customers on September 10,
				  2001, if, by that date, the covered entity has established a system for
				  providing an initial notice to all new customers and has mailed the initial
				  notice to all the covered entity's existing customers.
(c) Until September 10, 2002, a contract that
				  a covered entity has entered into with a nonaffiliated third party to perform
				  services for the covered entity or functions on the covered entity's behalf
				  satisfies the provisions of §
										22.17(a)(1)(B)
				  of this title (relating to Exception to Opt Out Requirements for Disclosure of
				  Nonpublic Personal Financial Information for Service Providers and Joint
				  Marketing), even if the contract does not include a requirement that the third
				  party maintain the confidentiality of nonpublic personal financial information,
				  so long as the covered entity entered into the agreement on or before September
				  10, 2000.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 22 - PRIVACY › Subchapter A - INSURANCE CONSUMER FINANCIAL INFORMATION PRIVACY › Section 22.25 - Preservation of Existing Privacy Law

Current through Reg. 49, No. 28; July 12, 2024
Nothing in this subchapter shall preempt or supersede
					 existing state law related to nonpublic personal financial
					 information.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 22 - PRIVACY › Subchapter A - INSURANCE CONSUMER FINANCIAL INFORMATION PRIVACY › Section 22.26 - Model Privacy Notice Form and Examples

Current through Reg. 49, No. 28; July 12, 2024
Use of Version 1, 2, or 3 of the model privacy form in 74
Federal Register
62890 (December 1, 2009), or Version 4 for
					 the optional mail-in opt out form, consistent with the instructions in §
										22.27 of
					 this title (relating to General Instructions), complies with the notice content
					 requirements of §
										22.10
					 and §
										22.11
					 of this title (relating to Information to be Included in Privacy Notices and
					 Form of Opt Out Notice to Consumers and Opt Out Methods), although use of the
					 model privacy form is not required. The examples are not exclusive. Compliance
					 with an example, to the extent applicable, constitutes compliance. Covered
					 entities, including a group of financial holding company affiliates that use a
					 common privacy notice, may use the model privacy form, if the information in
					 the model privacy form is accurate for each institution that uses the notice.
					 Note that disclosure of certain information, such as assets, income, and
					 information from a consumer reporting agency, may give rise to obligations
					 under the federal FCRA, such as a requirement to permit a consumer to opt out
					 of disclosures to affiliates or designation as a consumer reporting agency if a
					 covered entity makes disclosures to nonaffiliated third
					 parties.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 22 - PRIVACY › Subchapter A - INSURANCE CONSUMER FINANCIAL INFORMATION PRIVACY › Section 22.27 - General Instructions

Current through Reg. 49, No. 28; July 12, 2024
(a) A covered
				  entity, including a group of covered entities or financial institutions that
				  use a common privacy notice, may use the model form, at its option, to meet the
				  content requirements of the privacy notice and opt out notice set out in §
										22.10
				  and §
										22.11
				  of this title (relating to Information to be Included in Privacy Notices and
				  Form of Opt Out Notice to Consumers and Opt Out Methods).
(b) The model form is a standardized form,
				  including page layout, content, format, style, pagination, and shading. Covered
				  entities seeking to obtain legal safe harbor through use of the model form may
				  modify it only as described in these instructions.
(c) Disclosure of certain information, such
				  as assets, income, and information from a consumer reporting agency, may give
				  rise to obligations under the Fair Credit Reporting Act (15 U.S.C.
				  §§1681 - 1681x) (FCRA), for example, a requirement to permit a
				  consumer to opt out of disclosures to affiliates or designation as a consumer
				  reporting agency if disclosures are made to nonaffiliated third
				  parties.
(d) The word "customer"
				  may be replaced by the word "member" whenever it appears in the model form, as
				  appropriate. A covered entity may replace the term "customer" with another
				  appropriate term as provided under 28 TAC §
										22.4(c)
				  - (e).
(e) The model form consists
				  of two pages, which may appear on both sides of a single sheet of paper, or may
				  appear on two separate pages. Where a covered entity provides a long list of
				  covered entities or financial institutions at the end of the model form in
				  accord with the instructions in subsection (g)(3)(A)(i) of this section, or
				  provides additional information in accord with the instructions in subsection
				  (g)(3)(C) of this section, and the list or additional information exceeds the
				  space available on page two of the model form, the list or additional
				  information may extend to a third page.
(1)
				  Page one contents. The first page consists of the following components:
(A) date last revised in the upper right-hand
				  corner;
(B) title;
(C) key frame (Why?, What?, How?);
(D) disclosure table (Reasons we can share
				  your personal information);
(E) "To
				  limit our sharing" box, as needed, for the covered entity's opt out
				  information;
(F) "Questions" box,
				  for customer service contact information; and
(G) mail-in opt out form, as
				  needed.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 22 - PRIVACY › Subchapter B - INSURANCE CONSUMER HEALTH INFORMATION PRIVACY › Section 22.51 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  subchapter governs the treatment by all covered entities of a consumer's
				  nonpublic personal health information. This subchapter:
(1) requires a covered entity to obtain an
				  authorization prior to disclosing nonpublic personal health information about a
				  consumer to any other person for any purpose other than as enumerated in §
											22.57 of
				  this subchapter (relating to Exceptions); and
(2) describes exceptions to the authorization
				  requirement for certain insurance related transactions and other purposes
				  enumerated in this subchapter.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 22 - PRIVACY › Subchapter B - INSURANCE CONSUMER HEALTH INFORMATION PRIVACY › Section 22.53 - Authorization Required for Disclosure of Nonpublic Personal Health Information

Current through Reg. 49, No. 28; July 12, 2024
Except pursuant to §
										22.57 of
					 this subchapter (relating to Exceptions) a covered entity must obtain an
					 authorization to disclose any nonpublic personal health information about a
					 consumer to another party before making such a disclosure.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 22 - PRIVACY › Subchapter B - INSURANCE CONSUMER HEALTH INFORMATION PRIVACY › Section 22.54 - Authorizations

Current through Reg. 49, No. 28; July 12, 2024
An authorization required by this subchapter shall:
(1) be in writing or electronic form (if the
				  consumer has agreed to conduct business with the covered entity
				  electronically), and shall:
(A) state the
				  identity of the consumer who is the subject of the nonpublic personal health
				  information;
(B) describe:
(i) the types of nonpublic personal health
				  information to be disclosed;
(ii)
				  the parties to whom the covered entity discloses nonpublic personal health
				  information;
(iii) the purpose of
				  the disclosure;
(iv) how the
				  information disclosed will be used; and
(v) the procedure for revoking the
				  authorization.
(C)
				  include the signature which (if the consumer has agreed to conduct business
				  with the covered entity electronically) may be in electronic form, and date
				  signed, of:
(i) the consumer who is the
				  subject of the nonpublic personal health information; or
(ii) a person who is legally empowered to
				  authorize disclosure of the subject consumer's nonpublic personal health
				  information.
(D) provide
				  notice:
(i) of the length of time for which
				  the authorization is valid; and
(ii) that the consumer may revoke the
				  authorization at any time.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 22 - PRIVACY › Subchapter B - INSURANCE CONSUMER HEALTH INFORMATION PRIVACY › Section 22.55 - Delivery of Requests for Authorization & Authorization Forms

Current through Reg. 49, No. 28; July 12, 2024
(a) A covered entity may deliver a request
				  for authorization and an authorization form to a consumer as required by this
				  subchapter:
(1) separately; or
(2) along with a policy, billing, an opt-out
				  notice pursuant to Subchapter A of this chapter, or other written
				  communication, provided that the request for authorization and the
				  authorization form:
(A) are clear and
				  conspicuous,
(B) are separate in
				  content from any other accompanying written communication, and
(C) require a separate signature on a
				  signature line that is not a part of any signature line relating to any of the
				  other accompanying written communication.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 22 - PRIVACY › Subchapter B - INSURANCE CONSUMER HEALTH INFORMATION PRIVACY › Section 22.56 - Revocation of Authorizations

Current through Reg. 49, No. 28; July 12, 2024
(a) A consumer
				  or person who has signed an authorization described in this subchapter may at
				  any time revoke that authorization.
(b) Revocation of any authorization made
				  pursuant to this subchapter is subject to the rights of a person who acted in
				  reasonable reliance on the authorization before receiving notice of the
				  revocation.
(c) A revocation must
				  be in writing and signed by the consumer about whom the authorization was made
				  or by a person legally empowered to authorize disclosure on behalf of the
				  consumer.
(d) A covered entity:
(1) may not require a revocation to be on a
				  particular form; and
(2) must honor
				  a revocation that reasonably identifies the authorization that it is intended
				  to revoke.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 22 - PRIVACY › Subchapter B - INSURANCE CONSUMER HEALTH INFORMATION PRIVACY › Section 22.57 - Exceptions

Current through Reg. 49, No. 28; July 12, 2024
(a) A covered entity may disclose, without an
				  authorization, nonpublic personal health information to the extent that the
				  disclosure is necessary to perform the following insurance functions or legally
				  required activity on behalf of that covered entity:
(1) the investigation or reporting of actual
				  or potential fraud, misrepresentation, or criminal activity;
(2) underwriting;
(3) the placement or issuance of an insurance
				  product;
(4) loss control
				  services;
(5) ratemaking and
				  guaranty fund functions;
(6)
				  reinsurance and excess loss insurance;
(7) risk management;
(8) case management;
(9) disease management;
(10) quality assurance;
(11) quality improvement;
(12) performance evaluation;
(13) health care provider credentialing
				  verification;
(14) utilization
				  review;
(15) peer review
				  activities;
(16) actuarial,
				  scientific, medical, or public policy research;
(17) grievance procedures;
(18) the internal administration of
				  compliance, managerial, and information systems;
(19) policyholder services;
(20) auditing;
(21) reporting;
(22) database security;
(23) the administration of consumer disputes
				  and inquiries;
(24) external
				  accreditation standards;
(25) the
				  replacement of a group benefit plan or workers' compensation policy or
				  program;
(26) activities in
				  connection with a sale, merger, transfer, or exchange of all or part of a
				  business or operating unit;
(27)
				  any activity that permits disclosure without authorization under the federal
				  Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section
				  1320d et seq.), as amended;
(28) disclosure that is required, or is a
				  lawful or appropriate method, to enforce the covered entity's rights or the
				  rights of other persons engaged in carrying out a transaction or providing an
				  insurance product or service that the consumer requests or
				  authorizes;
(29) claims
				  administration, adjustment, and management;
(30) any activity otherwise permitted by law,
				  required pursuant to a governmental reporting authority, or required to comply
				  with legal process; and
(31) any
				  other insurance functions that the commissioner approves that are:
(A) necessary for appropriate performance of
				  insurance functions; and
(B) fair
				  and reasonable to the interests of consumers.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 22 - PRIVACY › Subchapter B - INSURANCE CONSUMER HEALTH INFORMATION PRIVACY › Section 22.60 - Responsibility for Disclosure to Third Parties

Current through Reg. 49, No. 28; July 12, 2024
A covered entity that discloses protected health
					 information to another person to perform any function on behalf of the covered
					 entity shall not make any such disclosure unless the third party agrees not to
					 disclose or use the protected health information other than to carry out the
					 purposes for which the covered entity disclosed the information or in a manner
					 otherwise consistent with this subchapter.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 22 - PRIVACY › Subchapter B - INSURANCE CONSUMER HEALTH INFORMATION PRIVACY › Section 22.61 - Relationship to Federal Rules

Current through Reg. 49, No. 28; July 12, 2024
This subchapter does not apply to a covered entity that is
					 required to comply with the standards governing the privacy of individually
					 identifiable health information adopted by the United States Secretary of
					 Health and Human Services under Section 262(a), Health Insurance Portability
					 and Accountability Act of 1996 (42 U.S.C. Sections
					 1320d-1320d-8).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 22 - PRIVACY › Subchapter B - INSURANCE CONSUMER HEALTH INFORMATION PRIVACY › Section 22.62 - Protection of Fair Credit Reporting Act

Current through Reg. 49, No. 28; July 12, 2024
This subchapter may not be construed to modify, limit, or
					 supersede the operation of the Fair Credit Reporting Act (15 U.S.C. Section
					 1681 et seq.) and an inference may not be
					 drawn based on this subchapter regarding whether information is transaction or
					 experience information under Section 603 of that Act (15 U.S.C. Section
					 1681a).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 22 - PRIVACY › Subchapter B - INSURANCE CONSUMER HEALTH INFORMATION PRIVACY › Section 22.63 - Relationship to State Laws

Current through Reg. 49, No. 28; July 12, 2024
Nothing in this subchapter shall be construed to preempt or
					 supersede existing state law related to medical records, health or insurance
					 information privacy that is in effect on July 1, 2002.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 22 - PRIVACY › Subchapter B - INSURANCE CONSUMER HEALTH INFORMATION PRIVACY › Section 22.64 - Violation; Disciplinary Action

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  covered entity may not knowingly or willfully violate this
				  subchapter.
(b) A knowing or
				  willful violation of any section of this subchapter shall subject the covered
				  entity to the disciplinary and enforcement sanctions and penalties provided in
				  the Insurance Code, Chapters 28B, 82, 83, and 84.
(c) In addition to the penalties prescribed
				  by this subchapter, an alleged violation of this subchapter by a covered entity
				  is subject to investigation and disciplinary proceedings, including probation
				  or suspension. Evidence of a pattern or practice of violations under this
				  subchapter may subject a covered entity to license revocation.
(d) In addition to the penalties prescribed
				  by this subchapter, a covered entity shall be excluded from participating in
				  any state-funded health care program if there is evidence that the covered
				  entity engaged in a pattern or practice of violating this subchapter.
(e) This subchapter does not affect any right
				  of a person to bring a cause of action under other law or otherwise seek relief
				  with respect to conduct that is a violation of this subchapter.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 22 - PRIVACY › Subchapter B - INSURANCE CONSUMER HEALTH INFORMATION PRIVACY › Section 22.65 - Nondiscrimination

Current through Reg. 49, No. 28; July 12, 2024
A covered entity shall not unfairly discriminate against a
					 consumer because that consumer has not authorized disclosure of his or her
					 nonpublic personal health information pursuant to the provisions of this
					 subchapter.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 22 - PRIVACY › Subchapter B - INSURANCE CONSUMER HEALTH INFORMATION PRIVACY › Section 22.66 - Severability

Current through Reg. 49, No. 28; July 12, 2024
If any section or portion of a section of this subchapter
					 or its applicability to any person or circumstance is held invalid by a court,
					 the remainder of the subchapter or the applicability of the provision to other
					 persons or circumstances shall not be affected.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 24 - DISCOUNT HEALTH CARE PROGRAM PRINCIPLES OF REGULATION › Subchapter A - DISCOUNT HEALTH CARE PROGRAM PRINCIPLES OF REGULATION › Section 24.1 - Purpose, Scope, and Construction

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  purpose of this chapter is to implement the Insurance Code, Chapters 562, 7001,
				  and 7002 by establishing the principles of conduct applicable to a discount
				  health care program operator in its business activities.
(b) A discount health care program operator,
				  including the operator of a freestanding discount health care program or a
				  discount health care program operated and marketed by an insurer or a health
				  maintenance organization, shall comply with this chapter.
(c) This chapter construes and applies the
				  principles of conduct embodied in the Insurance Code Chapter 562 for the
				  regulation of trade practices in the business of discount health care programs;
				  Chapter 7001 for the registration of discount health care program operators;
				  and Chapter 7002 for the supplemental provisions relating to discount health
				  care program operators.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 24 - DISCOUNT HEALTH CARE PROGRAM PRINCIPLES OF REGULATION › Subchapter A - DISCOUNT HEALTH CARE PROGRAM PRINCIPLES OF REGULATION › Section 24.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
In this chapter, the following terms have the meanings
					 assigned by the Insurance Code, §
										562.002 and §
										7001.001:
(1) Discount health care program;
(2) Discount health care program
				  operator;
(3) Member; and
(4) Provider.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 24 - DISCOUNT HEALTH CARE PROGRAM PRINCIPLES OF REGULATION › Subchapter A - DISCOUNT HEALTH CARE PROGRAM PRINCIPLES OF REGULATION › Section 24.3 - Principles

Current through Reg. 49, No. 28; July 12, 2024
A discount health care program operator shall:
(1) comply with all applicable statutes of
				  the State of Texas and with all applicable department rules, including Chapter
				  1, Subchapter D of this title (relating to Effect of Criminal Conduct); Chapter
				  19, Subchapter Q of this title (relating to Discount Health Care Program
				  Registration); §
										19.802
				  of this title (relating to Amount of Fees); and Chapter 21, Subchapter B,
				  Division 2 of this title (relating to Discount Health Care Program
				  Advertising);
(2) lawfully conduct
				  its business with integrity and diligence;
(3) organize and control its affairs
				  responsibly and effectively, with adequate risk management systems;
(4) maintain adequate financial resources to
				  enable it to satisfy its obligations as they are incurred or become
				  due;
(5) pay due regard to the
				  interests of its prospective members, members, and providers by treating them
				  fairly;
(6) pay due regard to the
				  information needs of its prospective members, members, and providers by
				  communicating information to them in a way that is clear, fair, and not
				  misleading;
(7) manage conflicts
				  fairly, between, as applicable:
(A) the
				  discount health care program operator and its members;
(B) the discount health care program operator
				  and its providers; and
(C) members
				  and providers; and
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 24 - DISCOUNT HEALTH CARE PROGRAM PRINCIPLES OF REGULATION › Subchapter A - DISCOUNT HEALTH CARE PROGRAM PRINCIPLES OF REGULATION › Section 24.4 - Severability

Current through Reg. 49, No. 28; July 12, 2024
If a court of competent jurisdiction holds that any
					 provision of this chapter is inconsistent with any statutes of this state, is
					 unconstitutional, or is invalid for any reason, the remaining provisions of
					 this chapter shall remain in effect.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 25 - INSURANCE PREMIUM FINANCE › Subchapter A - GENERAL PROVISIONS › Section 25.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Affiliated--When any
				  person is connected by commonality of interest or ownership with another
				  person.
(2) Agent--An individual
				  licensed by the Texas Department of Insurance pursuant to Insurance Code,
				  Article 21.07 (licensing of agents), Article 21.14 (local recording agents),
				  Article 21.07-3 (managing general agents), and Article 1.14-2 (surplus lines
				  agents).
(3) Annual percentage
				  rate--That rate computed in accordance with the regulations issued by the
				  Federal Reserve Board of the United States pursuant to §1606 of the
				  Consumer Credit Protection Act,
				  15 United States
				  Code §1601, et seq.
(4) Department--The Texas Department of
				  Insurance.
(5) Insurer--A company
				  or other entity formally liable on an insurance risk.
(6) Licensee--A person holding an insurance
				  premium finance license.
(7)
				  Ownership in a corporation--The possession of 10% or more stock in a
				  corporation.
(8) Person--An
				  individual, partnership, corporation, joint venture, trust, association, or any
				  other legal entity, however organized.
(9) Premium finance company--An insurance
				  premium finance company as defined by the Insurance Code, Article
				  24.01.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 25 - INSURANCE PREMIUM FINANCE › Subchapter A - GENERAL PROVISIONS › Section 25.2 - Place of Business

Current through Reg. 49, No. 28; July 12, 2024
Each licensed insurance premium finance company shall
					 maintain a place of business accessible to the public. This place of business
					 shall be located where the insurance premium finance company conducts
					 transactions under the license. A licensee may not conduct the business of
					 premium financing provided for by this chapter, or under the Insurance Code,
					 Chapter 24, under any name or at any place of business other than that stated
					 on the license.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 25 - INSURANCE PREMIUM FINANCE › Subchapter A - GENERAL PROVISIONS › Section 25.3 - Responsibility for Acts of Employees

Current through Reg. 49, No. 28; July 12, 2024
A licensee is responsible for the acts of its officers,
					 directors and employees in the conduct of the licensee's
					 business.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 25 - INSURANCE PREMIUM FINANCE › Subchapter A - GENERAL PROVISIONS › Section 25.4 - Knowledge of Laws and Regulations Required

Current through Reg. 49, No. 28; July 12, 2024
Each licensee and employee of a licensee who negotiates,
					 makes, or collects loans under the Insurance Code, Chapter 24, shall have
					 knowledge of the laws and regulations governing such business, including the
					 Insurance Code, Chapter 24, the Credit Code, Chapters 3 and 4 (Texas Civil
					 Statutes, Articles 5069-3.01 et seq and Article 5069-4.01 et seq), and the
					 federal Truth in Lending Regulations (Regulation Z, 12 Code of Federal
					 Regulations §§226.1 et seq), and shall be charged with knowledge of
					 those laws.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 25 - INSURANCE PREMIUM FINANCE › Subchapter A - GENERAL PROVISIONS › Section 25.6 - Motor Clubs

Current through Reg. 49, No. 28; July 12, 2024
Motor clubs are not insurers regulated by the Department.
					 Therefore, membership fees or dues for a motor club may not be financed with
					 insurance policies by a premium finance company.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 25 - INSURANCE PREMIUM FINANCE › Subchapter A - GENERAL PROVISIONS › Section 25.8 - Notice by Insurance Companies of Additional or Return Premium Charge

Current through Reg. 49, No. 28; July 12, 2024
If an insurance company receives notice of a financed
					 insurance premium, the insurer shall notify the insurance premium finance
					 company whenever it notifies the insured or insurance agent of an additional or
					 return premium arising under the financed policy. This section shall not apply
					 to policies written pursuant to the provisions of the Texas Automobile
					 Insurance Plan Association.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 25 - INSURANCE PREMIUM FINANCE › Subchapter A - GENERAL PROVISIONS › Section 25.9 - Texas Automobile Insurance Plan Association Financing Disclosure and Premium Finance Comparison Disclosure Form

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Before an insurance premium finance company may finance a policy insured
				  through the Texas Automobile Insurance Plan Association (TAIPA), it must
				  require disclosure to the insured or prospective insured the payment plan
				  available through TAIPA. A comparison between the terms of financing the policy
				  with an insurance premium finance company and the use of the payment plan
				  available through TAIPA must be made.
(b) This disclosure shall be made using the
				  Premium Finance Comparison Disclosure Form (Disclosure Form), which the
				  Department adopts and incorporates by reference. The Disclosure Form shall be
				  provided to the consumer in both English and Spanish. The effective date of the
				  Disclosure Form is October 1, 2001. This form is published by the Department
				  and may be obtained from the Premium Finance Licensing Unit, Mail Code 107-5A,
				  Texas Department of Insurance, 333 Guadalupe, P.O. Box 149104, Austin, Texas
				  78714-9104. Reproduction of this form is allowed.
(c) The insurance premium finance company
				  shall maintain copies of the Disclosure Forms as evidence to an examiner that
				  disclosure of the TAIPA payment plan was made to the insured.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 25 - INSURANCE PREMIUM FINANCE › Subchapter A - GENERAL PROVISIONS › Section 25.10 - Premium Refunds

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  insurance premium finance company notified the insurer of the existence of the
				  premium finance agreement pursuant to the Insurance Code, Article 24.22, then
				  the entire unearned premium owed the insurance premium finance company (in
				  trust for the insured) shall be paid within 60 days from the date notice of
				  cancellation was received. If an audit of the insured's records is required to
				  determine the amount of premiums, the time shall be extended to 90 days. If the
				  audit is delayed because of acts of the insured, the 90-day period shall be
				  extended to provide a reasonable time to conduct the audit and determine the
				  amount of premiums earned.
(b) If
				  the insurance premium finance company does not give notice of the premium
				  finance agreement to the insurer (as provided by the Insurance Code, Article
				  24.22), then the total unearned premium refund shall be paid directly to the
				  insurance premium finance company within 120 days from the effective date of
				  the cancellation, unless the insurer has already refunded the unearned premium
				  to the insured due to cancellation.
(c) The insurance premium finance company
				  shall return any monies due to the insured within 20 days from the date
				  returned unearned premiums are received from the insurer or agent.
(d) This section shall apply to cancelled
				  policies written through or in a statutory plan or pool, except that the agent
				  who applied for the statutory plan or pool policy on behalf of the insured
				  shall be solely responsible for the payment of any unearned commission owed to
				  the insurance premium finance company unless the insuring company tenders the
				  entire unearned premium including unearned commission.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 25 - INSURANCE PREMIUM FINANCE › Subchapter A - GENERAL PROVISIONS › Section 25.11 - Surplus Lines Insurance Agents and Agencies

Current through Reg. 49, No. 28; July 12, 2024
If an insurance premium finance company funds surplus lines
					 insurance policy premiums or notifies a surplus lines agent or agency that its
					 insurance policy premiums are financed, the surplus lines agent or agency shall
					 return all gross unearned premiums to the insurance premium finance company
					 within 60 days of notice of cancellation.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 25 - INSURANCE PREMIUM FINANCE › Subchapter A - GENERAL PROVISIONS › Section 25.12 - Savings Clause

Current through Reg. 49, No. 28; July 12, 2024
Any cause of action, hearing, or procedure already pending
					 or arising out of an event occurring before the effective date of this chapter
					 shall be determined under the statutes, rules, orders, or interpretations of
					 the Department in effect when the event occurred. This section saves the
					 application of past procedure and law to any such event from amendment, change,
					 or repeal despite any conflicting provisions of this chapter.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 25 - INSURANCE PREMIUM FINANCE › Subchapter A - GENERAL PROVISIONS › Section 25.13 - Severability

Current through Reg. 49, No. 28; July 12, 2024
Where any terms or provisions of this chapter are
					 determined by a court of competent jurisdiction to be inconsistent with any
					 statutes of this state or to be unconstitutional, the remaining terms and
					 provisions of this chapter shall remain in effect.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 25 - INSURANCE PREMIUM FINANCE › Subchapter B - LICENSING AND REGULATION › Section 25.21 - When a Premium Finance License Is Required

Current through Reg. 49, No. 28; July 12, 2024
(a) A premium finance license is required if
				  a person:
(1) makes loans by entering into
				  premium finance agreements with insureds and prospective insureds;
(2) acquires premium finance agreements from
				  insurance agents, brokers, or other premium finance companies; or
(3) holds premium finance agreements made and
				  delivered by insureds payable to the person or his order.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 25 - INSURANCE PREMIUM FINANCE › Subchapter B - LICENSING AND REGULATION › Section 25.22 - Forms Relating to Regulation of Premium Finance Companies under the Insurance Code, Chapter 24

Current through Reg. 49, No. 28; July 12, 2024
The Department adopts and incorporates by reference
					 standard administration forms for use in the administrative regulation of
					 premium finance companies. Applicants and licensed premium finance companies
					 shall utilize the forms in preparing applications, statements, notices of
					 required information, and other submissions required under the Insurance Code,
					 Chapter 24, and this chapter. These forms are published by the Department and
					 may be obtained from the Premium Finance Licensing Unit, Mail Code 107-5A,
					 Texas Department of Insurance, 333 Guadalupe, P.O. Box 149104, Austin, Texas
					 78714-9104. These forms are identified as follows.
(1) FORM PF1--Premium Finance Company License
				  Application (for NEW license).
(2)
				  FORM PF1A--Premium Finance Supplemental Application (for additional location,
				  relocation, name change and ownership change).
(A) SCHEDULE A--Additional Location Filing
				  Requirements.
(B) SCHEDULE
				  B--Relocation Filing Requirements.
(C) SCHEDULE C--Name Change Filing
				  Requirements.
(D) SCHEDULE
				  D--Ownership Change Filing Requirements.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 25 - INSURANCE PREMIUM FINANCE › Subchapter B - LICENSING AND REGULATION › Section 25.23 - Bank and Savings and Loan Association Premium Finance Application

Current through Reg. 49, No. 28; July 12, 2024
A bank or savings and loan association applying for an
					 insurance premium finance license shall file Form PF1B with the Department. The
					 application shall include the following as applicable.
(1) Copy of Charter issued by the State
				  Banking Department or by the Comptroller of Currency.
(2) Franchise Tax Certificate of Good
				  Standing or letter of exemption issued by the Texas Comptroller of Public
				  Accounts.
(3) $200 License
				  Fee.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 25 - INSURANCE PREMIUM FINANCE › Subchapter B - LICENSING AND REGULATION › Section 25.24 - License Application

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant for
				  an insurance premium finance company license must file an application Form PF1
				  with TDI. The application must include the following as applicable:
(1) List of Principals (Form PF2);
(2) Premium Finance Application Questionnaire
				  (Form PF3);
(3) Biographical
				  Affidavit (Form PF4) for each individual named on Form PF2;
(4) General statement of experience giving
				  applicant's qualifications;
(5)
				  List of Other States of Licensure (Form PF5);
(6) Appointment of Statutory Agent and
				  Consent to Service (Form PF6);
(7)
				  Sworn financial statement;
(8)
				  Sample Business Operation forms;
(9) $400 Investigation Fee;
(10) Partnership agreement;
(11) Certified copy of Assumed Name
				  Certificate as on file with the County Clerk or Secretary of State;
(12) Originally certified copy of Articles of
				  Incorporation from the Office of the Secretary of State or equivalent office in
				  another state;
(13) Certified copy
				  of Bylaws;
(14) Certified copy of
				  Minutes;
(15) Current Franchise Tax
				  Certificate of Good Standing or letter of exemption issued by the Texas
				  Comptroller of Public Accounts; and
(16) Certified copy of Certificate of
				  Authority issued by the Texas Secretary of State (foreign corporations
				  only).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 25 - INSURANCE PREMIUM FINANCE › Subchapter B - LICENSING AND REGULATION › Section 25.25 - Additional Location License Application

Current through Reg. 49, No. 28; July 12, 2024
An applicant for an additional location insurance premium
					 finance company license shall file a supplemental application Form PF1A with
					 the Department. The application shall include the following as
					 applicable:
(1) List of Principals
				  (Form PF2);
(2) Premium Finance
				  Application Questionnaire (Form PF3);
(3) Biographical Affidavit (Form PF4) for
				  manager;
(4) Appointment of
				  Statutory Agent and Consent to Service (Form PF6);
(5) Sworn financial statement;
(6) Current Franchise Tax Certificate of Good
				  Standing or letter of exemption issued by the Texas Comptroller of Public
				  Accounts;
(7) $200 License
				  Fee.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 25 - INSURANCE PREMIUM FINANCE › Subchapter B - LICENSING AND REGULATION › Section 25.26 - Relocation of Licensed Offices

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  licensee may move its office from the licensed location to any other location
				  by filing a supplemental application Form PF1A with the Department not less
				  than 30 days prior to moving date. The application shall include the following
				  as applicable:
(1) List of Principals (Form
				  PF2);
(2) Current premium finance
				  company license;
(3) $20 processing
				  fee;
(4) Current Franchise Tax
				  Certificate of Good Standing or letter of exemption issued by the Texas
				  Comptroller of Public Accounts;
(5)
				  Copy of printed letter to be sent to the insureds; the notice letter shall
				  include the following:
(A) Name of the
				  insurance premium finance company;
(B) Both the old and new addresses;
(C) Telephone number at the new
				  location;
(D) Date the relocation
				  is effective; and
(E) Mailing
				  address.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 25 - INSURANCE PREMIUM FINANCE › Subchapter B - LICENSING AND REGULATION › Section 25.27 - Change of Mailing Address

Current through Reg. 49, No. 28; July 12, 2024
(a) Written
				  notice of a change in business mailing address only shall be mailed to the
				  Department and to all insureds of record at least 15 days prior to the change
				  of mailing address.
(b) The notice
				  shall include the exact name of the licensee, the old and new mailing
				  addresses, the licensee's current physical address, the licensee's telephone
				  number and the date the new mailing address is effective.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 25 - INSURANCE PREMIUM FINANCE › Subchapter B - LICENSING AND REGULATION › Section 25.28 - Ownership Change

Current through Reg. 49, No. 28; July 12, 2024
(a) When there is
				  an anticipated change in ownership of an insurance premium finance company, the
				  new owner shall submit the following as applicable:
(1) Supplemental Application for an insurance
				  premium finance company license (Form PF1A);
(2) List of Principals (Form PF2);
(3) Premium Finance Application Questionnaire
				  (Form PF3);
(4) Biographical
				  Affidavit (Form PF4) on all NEW individuals named on Form PF2;
(5) List of Other States of Licensure (Form
				  PF5);
(6) Appointment of Statutory
				  Agent and Consent to Service (Form PF6);
(7) Sworn financial statement;
(8) $200 investigation fee;
(9) A copy of the contract of sale
				  establishing refund and fee liability;
(10) Certified copy of Assumed Name
				  Certificate as on file with the County Clerk(s) and/or Secretary of
				  State;
(11) A copy of the
				  resolution minutes authorizing the change of ownership;
(12) Current Franchise Tax Certificate of
				  Good Standing or letter of exemption issued by the Texas Comptroller of Public
				  Accounts;
(13) Partnership
				  agreement.