Texas Administrative Code › Title 28 - INSURANCE › Part 2 - TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION › Chapter 110 - REQUIRED NOTICES OF COVERAGE › Subchapter A - CARRIER NOTICES › Section 110.1 - Insurance Carrier Requirements for Notifying the Division of Insurance Coverage

Current through Reg. 49, No. 28; July 12, 2024
(a) An approved
				  workers' compensation insurance policy, as referenced in Labor Code §
										401.011(44)(A),
				  includes a binder, which serves as evidence of a temporary agreement that
				  legally provides workers' compensation insurance coverage until the approved
				  insurance policy is issued or the binder is canceled.
(b) As used in this section, "workers'
				  compensation insurance coverage information" includes information regarding
				  whether or not an employer has workers' compensation insurance coverage and, if
				  so, information about the method of workers' compensation insurance coverage
				  used.
(c) This rule applies to an
				  insurance company, certified self-insurer, workers' compensation self-insurance
				  group under Labor Code Chapter 407A, and a political subdivision. Certified
				  Self-Insurers are also subject to requirements specified in Chapter 114 of this
				  title (relating to Self-Insurance). Self-Insurance Groups are also subject to
				  requirements specified in Chapter 5, Subchapter G, Division 2 of this title
				  (relating to Group Self-Insurance Coverage). Self-insured political
				  subdivisions are also subject to requirements specified in §
										110.7
				  of this title (relating to Self-Insured Political Subdivision Requirements for
				  Notifying the Division of Election to Provide Medical Benefits).
(d) An insurance company, certified
				  self-insurer, workers' compensation self-insurance group under Labor Code
				  Chapter 407A, and a political subdivision shall submit to the division, or its
				  designee, workers' compensation insurance coverage information in the form and
				  manner prescribed by the division. The division may designate and contract with
				  a data collection agency to collect and maintain insurance coverage
				  information.
(e) Workers'
				  compensation insurance coverage information for insured Texas employers shall
				  be provided to the division in accordance with subsection (d) of this rule as
				  follows:
(1) by the insurance company,
				  certified self-insurer, workers' compensation self-insurance group under Labor
				  Code Chapter 407A, and political subdivision, within 10 days after the
				  effective date of coverage or endorsement and annually thereafter no later than
				  10 days after the anniversary date of coverage;
(2) by the insurance company, 30 days prior
				  to the date on which cancellation or non-renewal becomes effective if the
				  insurance company cancels the workers' compensation insurance coverage, does
				  not renew the workers' compensation insurance coverage on the anniversary date,
				  or cancels a binder before it issues a workers' compensation insurance
				  policy;
(3) by the insurance
				  company, 10 days prior to the date on which the cancellation becomes effective
				  if the insurance company cancels an employer's workers' compensation insurance
				  coverage in accordance with Labor Code, §
											406.008(a)(2);
				  or
(4) by the insurance company,
				  within 10 days after receiving notice of the effective date of termination from
				  the covered employer because the employer switched workers' compensation
				  insurance carriers.