INSURANCE CODE
CHAPTER 38. DATA COLLECTION AND REPORTS
SUBCHAPTER A. GENERAL PROVISIONS
§ 38.001. INQUIRIES. (a) In this section,
"authorization" means a permit, certificate of registration, or
other authorization issued or existing under this code.
(b) The department may address a reasonable inquiry to an
insurance company, agent, or holder of an authorization relating
to:
(1) the person's business condition; or
(2) any matter connected with the person's
transactions that the department considers necessary for the public
good or for the proper discharge of the department's duties.
(c) A person receiving an inquiry under Subsection (b) shall
respond to the inquiry in writing not later than the 10th day after
the date the inquiry is received.
(d) A response made under this section that is otherwise
privileged or confidential by law remains privileged or
confidential until introduced into evidence at an administrative
hearing or in a court.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
§ 38.002. UNDERWRITING GUIDELINES FOR PERSONAL
AUTOMOBILE AND RESIDENTIAL PROPERTY INSURANCE; FILING;
CONFIDENTIALITY. (a) In this section:
(1) "Insurer" means an insurance company, reciprocal
or interinsurance exchange, mutual insurance company, capital
stock company, county mutual insurance company, Lloyd's plan, or
other legal entity engaged in the business of personal automobile
insurance or residential property insurance in this state. The
term includes:
(A) an affiliate as described by Section 2,
Article 21.49-1, or Section 823.003(a) if that affiliate is
authorized to write and is writing personal automobile insurance or
residential property insurance in this state;
(B) the Texas Windstorm Insurance Association
created and operated under Article 21.49;
(C) the FAIR Plan Association under Article
21.49A; and
(D) the Texas Automobile Insurance Plan
Association under Article 21.81.
(2) "Personal automobile insurance" means motor
vehicle insurance coverage for the ownership, maintenance, or use
of a private passenger, utility, or miscellaneous type motor
vehicle, including a motor home, mobile home, trailer, or
recreational vehicle, that is:
(A) owned or leased by an individual or
individuals; and
(B) not primarily used for the delivery of goods,
materials, or services, other than for use in farm or ranch
operations.
(3) "Residential property insurance" means insurance
coverage against loss to residential real property at a fixed
location or tangible personal property provided in a homeowners
policy, which includes a tenant policy, a condominium owners
policy, or a residential fire and allied lines policy.
(4) "Underwriting guideline" means a rule, standard,
guideline, or practice, whether written, oral, or electronic, that
is used by an insurer or its agent to decide whether to accept or
reject an application for coverage under a personal automobile
insurance policy or residential property insurance policy or to
determine how to classify those risks that are accepted for the
purpose of determining a rate.
(b) Each insurer shall file with the department a copy of
the insurer's underwriting guidelines. The insurer shall update
its filing each time the underwriting guidelines are changed. If a
group of insurers files one set of underwriting guidelines for the
group, they shall identify which underwriting guidelines apply to
each company in the group.
(c) The office of public insurance counsel may obtain a copy
of each insurer's underwriting guidelines.
(d) The department or the office of public insurance counsel
may disclose to the public a summary of an insurer's underwriting
guidelines in a manner that does not directly or indirectly
identify the insurer.
(e) Underwriting guidelines must be sound, actuarially
justified, or otherwise substantially commensurate with the
contemplated risk. Underwriting guidelines may not be unfairly
discriminatory.
(f) The underwriting guidelines are subject to Chapter 552,
Government Code.
Added by Acts 2003, 78th Leg., ch. 206, § 8.01, eff. June 11,
2003.
§ 38.003. UNDERWRITING GUIDELINES FOR OTHER LINES;
CONFIDENTIALITY. (a) This section applies to all underwriting
guidelines that are not subject to Section 38.002.
(b) For purposes of this section, "insurer" means a
reciprocal or interinsurance exchange, mutual insurance company,
capital stock company, county mutual insurance company, Lloyd's
plan, life, accident, or health or casualty insurance company,
health maintenance organization, mutual life insurance company,
mutual insurance company other than life, mutual, or natural
premium life insurance company, general casualty company,
fraternal benefit society, group hospital service company, or other
legal entity engaged in the business of insurance in this state.
The term includes an affiliate as described by Section 2, Article
21.49-1, or Section 823.003(a) if that affiliate is authorized to
write and is writing insurance in this state.
(c) The department or the office of public insurance counsel
may obtain a copy of an insurer's underwriting guidelines.
(d) Underwriting guidelines are confidential, and the
department or the office of public insurance counsel may not make
the guidelines available to the public.
(e) The department or the office of public insurance counsel
may disclose to the public a summary of an insurer's underwriting
guidelines in a manner that does not directly or indirectly
identify the insurer.
(f) When underwriting guidelines are furnished to the
department or the office of public insurance counsel, only a person
within the department or the office of public insurance counsel
with a need to know may have access to the guidelines. The
department and the office of public insurance counsel shall
establish internal control systems to limit access to the
guidelines and shall keep records of the access provided.
(g) This section does not preclude the use of underwriting
guidelines as evidence in prosecuting a violation of this code.
Each copy of an insurer's underwriting guidelines that is used in
prosecuting a violation is presumed to be confidential and is
subject to a protective order until all appeals of the case have
been exhausted. If an insurer is found, after the exhaustion of all
appeals, to have violated this code, a copy of the underwriting
guidelines used as evidence of the violation is no longer presumed
to be confidential.
(h) A violation of this section is a violation of Chapter
552, Government Code.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
Renumbered from V.T.C.A., Insurance Code § 38.002 and amended by
Acts 2003, 78th Leg., ch. 206, § 8.01, eff. June 11, 2003.
SUBCHAPTER B. HEALTH BENEFIT PLAN PROVIDER REPORTING
§ 38.051. DEFINITION. In this subchapter, "health
benefit plan provider" means an insurance company, group hospital
service corporation, or health maintenance organization that
issues:
(1) an individual, group, blanket, or franchise
insurance policy, an insurance agreement, a group hospital service
contract, or an evidence of coverage, that provides benefits for
medical or surgical expenses incurred as a result of an accident or
sickness; or
(2) a long-term care insurance policy, as defined by
Section 2, Article 3.70-12.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
§ 38.052. REQUIRED INFORMATION; RULES. (a) A health
benefit plan provider shall submit information required by the
department relating to the health benefit plan provider's:
(1) loss experience;
(2) overhead; and
(3) operating expenses.
(b) The department may also request information about
characteristics of persons covered by a health benefit plan
provider, including information relating to:
(1) age;
(2) gender;
(3) health status;
(4) job classification; and
(5) geographic distribution.
(c) A health benefit plan provider may not be required to
submit information under this section more frequently than
annually.
(d) The commissioner shall adopt rules governing the
submission of information under this subchapter.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
SUBCHAPTER C. DATA COLLECTION AND REPORTING RELATING TO HIV AND
AIDS
§ 38.101. DEFINITIONS. In this subchapter:
(1) "HIV" and "AIDS" have the meanings assigned by
Section 81.101, Health and Safety Code.
(2) "Health benefit plan coverage" means a group
policy, contract, or certificate of health insurance or benefits
delivered, issued for delivery, or renewed in this state by:
(A) an insurance company subject to Chapter 3;
(B) a group hospital service corporation under
Chapter 20;
(C) a health maintenance organization under the
Texas Health Maintenance Organization Act (Chapter 20A, Vernon's
Texas Insurance Code); or
(D) a self-insurance trust or mechanism
providing health care benefits.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
§ 38.102. PURPOSE. The purpose of this subchapter is
to:
(1) ensure that adequate health insurance and benefits
coverage is available to the citizens of this state;
(2) ensure that adequate health care is available to
protect the public health and safety; and
(3) ascertain the continuing effect of HIV and AIDS on
health insurance coverage and health benefits coverage
availability and adequacy in this state for purposes of meeting the
public's health coverage needs.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
§ 38.103. DATA COLLECTION PROGRAM. (a) The department
shall maintain a program to gather data and information relating to
the effect of HIV and AIDS on the availability, adequacy, and
affordability of health benefit plan coverage in this state.
(b) The commissioner may adopt rules necessary to implement
this subchapter, including rules relating to:
(1) reporting schedules;
(2) report forms;
(3) lists of data and information required to be
reported; and
(4) reporting procedures, guidelines, and criteria.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
§ 38.104. COMPILATION OF DATA AND INFORMATION;
REPORT. (a) The department shall compile the data and
information included in reports required by this subchapter into
composite form and shall prepare at least annually a written report
of:
(1) the composite data and information; and
(2) the department's analysis of the availability,
adequacy, and affordability of health benefit plan coverage in this
state.
(b) Subject to Section 38.106, the department shall make the
report available to the public and may charge a reasonable fee for
the report to cover the cost of making the report available.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
§ 38.105. RECOMMENDATIONS AND REPORTS TO
LEGISLATURE. (a) The commissioner may submit to the legislature
written recommendations for legislation the commissioner considers
necessary to resolve problems related to the effect of HIV and AIDS
on the availability, adequacy, and affordability of health benefit
plan coverage in this state.
(b) The department, on request of the lieutenant governor,
the speaker of the house of representatives, or the presiding
officer of a legislative committee, shall provide to the
legislature additional composite data and information and analyses
based on the reports required by this subchapter. Reports prepared
under this subsection shall be available to the public as required
by Section 38.104.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
§ 38.106. INFORMATION CONFIDENTIAL. (a) If the
commissioner determines that information or reports submitted
under this subchapter would reveal or might reveal the identity of
an individual or associate an individual with a company, the
commissioner shall declare the information or reports
confidential, and the information or reports may not be made
available to the public.
(b) Information made confidential under this section may be
examined only by the commissioner and department employees.
(c) Data and information reported by an insurer under this
subchapter are not subject to public disclosure to the extent that
the information is protected under Chapter 552, Government Code.
The data and information may be compiled into composite form and
made public if information that could be used to identify the
reporting insurer is removed.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
SUBCHAPTER D. LIABILITY INSURANCE CLOSED CLAIM REPORTS
§ 38.151. DEFINITIONS. In this subchapter:
(1) "Insurer" means:
(A) an insurance company or other entity that is
admitted to do business and authorized to write liability insurance
in this state, including:
(i) a county mutual insurance company;
(ii) a Lloyd's plan insurer; and
(iii) a reciprocal or interinsurance
exchange; and
(B) a pool, joint underwriting association, or
self-insurance mechanism or trust authorized by law to insure its
participants, subscribers, or members against liability.
(2) "Liability insurance" means:
(A) general liability insurance;
(B) medical professional liability insurance;
(C) professional liability insurance other than
medical professional liability insurance;
(D) commercial automobile liability insurance;
(E) the liability portion of commercial
multiperil insurance coverage; and
(F) any other type or line of liability insurance
designated by the commissioner under Section 38.163.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
§ 38.152. EXEMPTION. This subchapter does not apply to
a farm mutual insurance company or to a county mutual fire insurance
company writing exclusively industrial fire insurance as described
by Article 17.02.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
§ 38.153. CLOSED CLAIM REPORT. (a) Not later than the
10th day after the last day of the calendar quarter in which a claim
for recovery under a liability insurance policy is closed, the
insurer shall file with the department a closed claim report if the
indemnity payment for bodily injury under the coverage is $25,000
or more.
(b) A closed claim report must be filed in a form prescribed
by the commissioner.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
§ 38.154. CONTENT OF CLOSED CLAIM REPORT FORM. (a) The
closed claim report form adopted by the commissioner for a report
under Section 38.153 must require information relating to:
(1) the identity of the insurer;
(2) the liability insurance policy, including:
(A) the type or types of insurance;
(B) the policy limits;
(C) whether the policy was an occurrence or
claims-made policy;
(D) the classification of the insured; and
(E) reserves for the claim;
(3) details of:
(A) any injury, damage, or other loss that was
the subject of the claim, including:
(i) the type of injury, damage, or other
loss;
(ii) where and how the injury, damage, or
other loss occurred;
(iii) the age of any injured party; and
(iv) whether an injury was work-related;
(B) the claims process, including:
(i) whether a lawsuit was filed;
(ii) where a lawsuit, if any, was filed;
(iii) whether attorneys were involved;
(iv) the stage at which the claim was
closed;
(v) any court verdict;
(vi) any appeal;
(vii) the number of defendants; and
(viii) whether the claim was settled
outside of court and, if so, at what stage; and
(C) the amount paid on the claim, including:
(i) the total amount of a court award;
(ii) the amount paid by the insurer;
(iii) any amount paid by another insurer;
(iv) any amount paid by another defendant;
(v) any collateral source of payment;
(vi) any structured settlement;
(vii) the amount of noneconomic
compensatory damages;
(viii) the amount of prejudgment interest;
(ix) the amount paid for defense costs;
(x) the amount paid for punitive damages;
and
(xi) the amount of allocated loss
adjustment expenses; and
(4) any other information that the commissioner
determines to be significant in allowing the department and the
legislature to monitor the liability insurance industry to ensure
its solvency and to ensure that liability insurance is available,
is affordable, and provides adequate protection in this state.
(b) The department may require an insurer to include in a
closed claim report information relating to payment made for
property damage and other damage on the claim under the coverage.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
§ 38.155. SUMMARY CLOSED CLAIM REPORT. (a) An insurer
shall file with the department a summary closed claim report for a
claim for recovery under a liability insurance policy if the
indemnity payment for bodily injury under the coverage is less than
$25,000 but more than $10,000.
(b) A summary closed claim report must be filed, in a form
prescribed by the commissioner, not later than the 10th day after
the last day of the calendar quarter in which the claim is closed.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
§ 38.156. CONTENT OF SUMMARY CLOSED CLAIM REPORT
FORM. The summary closed claim report form adopted by the
commissioner for a report under Section 38.155 must require
information relating to:
(1) the identity of the insurer;
(2) the liability insurance policy, including:
(A) the type or types of insurance;
(B) the classification of the insured; and
(C) reserves for the claim;
(3) details of:
(A) the claims process, including:
(i) whether a lawsuit was filed;
(ii) whether attorneys were involved;
(iii) the stage at which the claim was
closed;
(iv) any court verdict;
(v) any appeal; and
(vi) whether the claim was settled outside
of court and, if so, at what stage; and
(B) the amount paid on the claim, including:
(i) the total amount of a court award;
(ii) the amount paid to the claimant by the insurer;
(iii) the amount paid for defense costs;
(iv) the amount paid for punitive damages; and
(v) the amount of loss adjustment expenses; and
(4) any other matter that the commissioner determines to be
significant in allowing the department and the legislature to
monitor the liability insurance industry to ensure its solvency and
to ensure that liability insurance is available, is affordable, and
provides adequate protection in this state.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
§ 38.157. AGGREGATE REPORT. (a) An insurer shall file
with the department one report containing the information required
under this section for all claims closed within the calendar year
for which the indemnity payments for bodily injury under the
coverage are $10,000 or less, including claims for which an
indemnity payment is not made on closing.
(b) The report must include, in summary form, at least the
following information:
(1) the aggregate number of claims; and
(2) the aggregate dollar amount paid out.
(c) The report must be filed in a form and in a manner
prescribed by the commissioner.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
§ 38.158. ALTERNATIVE REPORTING. After notice and
public hearing, the commissioner may provide for alternative
reporting in the form of sampling of the required closed claim data
instead of requiring insurers to file the closed claim data
required by this subchapter.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
§ 38.159. COMPILATION OF DATA; REPORT. The department
shall compile the data included in individual closed claim reports
and summary closed claim reports into a composite form and shall
prepare annually a written report of the composite data. The
department shall make the report available to the public.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
§ 38.160. ELECTRONIC DATABASE. The commissioner may:
(1) establish an electronic database composed of
reports filed with the department under this subchapter;
(2) provide the public with access to that data;
(3) establish a system to provide access to that data
by electronic data transmittal processes; and
(4) set and charge a fee for electronic access to the
database in an amount reasonable and necessary to cover the costs of
access.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
§ 38.161. REPORT TO LEGISLATURE. (a) The department
shall submit copies of the report required by Section 38.159 to the
presiding officers of each house of the legislature.
(b) The department, on request of the lieutenant governor,
the speaker of the house of representatives, or the presiding
officer of a legislative committee, shall provide to the
legislature additional composite data based on closed claim reports
and summary closed claim reports. Reports prepared under this
subsection shall be available to the public.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
§ 38.162. INFORMATION CONFIDENTIAL. (a) Information
included in an individual closed claim report or an individual
summary closed claim report submitted by an insurer under this
subchapter is confidential and may not be made available by the
department to the public.
(b) Information included in an individual closed claim
report or an individual summary closed claim report may be examined
only by the commissioner and department employees.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
§ 38.163. RULES AND FORMS. The commissioner may adopt
necessary rules to:
(1) implement this subchapter;
(2) define terminology, criteria, content, and other
matters relating to the reports required under this subchapter;
and
(3) designate other types or lines of liability
insurance required to provide information under this subchapter.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
SUBCHAPTER E. STATISTICAL DATA COLLECTION
§ 38.201. DEFINITION. In this subchapter, "designated
statistical agent" means an organization designated or contracted
with by the commissioner under Section 38.202.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
§ 38.202. STATISTICAL AGENT. The commissioner may, for
a line or subline of insurance, designate or contract with a
qualified organization to serve as the statistical agent for the
commissioner to gather data relevant for regulatory purposes or as
otherwise provided by this code.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
§ 38.203. QUALIFICATIONS OF STATISTICAL AGENT. To
qualify as a statistical agent, an organization must demonstrate at
least five years of experience in data collection, data
maintenance, data quality control, accounting, and related areas.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
§ 38.204. POWERS AND DUTIES OF STATISTICAL
AGENT. (a) A designated statistical agent shall collect data
from reporting insurers under a statistical plan adopted by the
commissioner.
(b) The statistical agent may provide aggregate historical
premium and loss data to its subscribers.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
§ 38.205. DUTY OF INSURER. An insurer shall provide all
premium and loss cost data to the commissioner or the designated
statistical agent as the commissioner or agent requires.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
§ 38.206. FEES. (a) A designated statistical agent
may collect from a reporting insurer any fees necessary for the
agent to recover the necessary and reasonable costs of collecting
data from that reporting insurer.
(b) A reporting insurer shall pay the fee to the statistical
agent for the data collection services provided by the statistical
agent.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
§ 38.207. RULES. The commissioner may adopt rules
necessary to accomplish the purposes of this subchapter.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
SUBCHAPTER F. DATA COLLECTING AND REPORTING RELATING TO MANDATED
HEALTH BENEFITS AND MANDATED OFFERS OF COVERAGE
§ 38.251. APPLICABILITY. This subchapter applies to
any issuer of a health benefit plan that is subject to this code
that provides benefits for medical or surgical expenses incurred as
a result of a health condition, accident, or sickness, including an
individual, group, blanket, or franchise insurance policy or
insurance agreement, a group hospital service contract, or an
individual or group evidence of coverage or similar coverage
document.
Added by Acts 2001, 77th Leg., ch. 852, § 1, eff. Sept. 1, 2001.
§ 38.252. COLLECTION OF INFORMATION; REPORT. (a) The
commissioner shall require a health benefit plan issuer to collect
and report cost and utilization data for each mandated health
benefit and mandated offer designated by the commissioner.
(b) The commissioner shall designate by rule:
(1) the issuers of health benefit plans that must
collect and report data based on the annual dollar amounts of Texas
premium collected by the health benefit plan issuer;
(2) the specific mandated health benefits and mandated
offers of coverage for which data must be collected;
(3) a description of the data that must be collected;
(4) the beginning and ending dates of the reporting
periods, which shall be no less than every two years;
(5) the date following the end of the reporting period
by which the report shall be submitted to the commissioner;
(6) the detail and form in which the report shall be
submitted; and
(7) any other reasonable requirements that the
commissioner determines are necessary to determine the impact of
mandated benefits and mandated offers of coverage for which data
collection and reporting is required.
(c) The commissioner shall not require reporting of data:
(1) that could reasonably be used to identify a
specific enrollee in a health benefit plan;
(2) in any way that violates confidentiality
requirements of state or federal law applicable to an enrollee in a
health benefit plan; or
(3) in which the health maintenance organization
operating under the Texas Health Maintenance Organization Act
(Chapter 20A, Vernon's Texas Insurance Code) does not directly
process the claim or does not receive complete and accurate
encounter data.
Added by Acts 2001, 77th Leg., ch. 852, § 1, eff. Sept. 1, 2001.
§ 38.253. MAINTENANCE OF INFORMATION. Each health
benefit plan issuer shall maintain at its principal place of
business all data collected pursuant to this subchapter, including
information and supporting documentation that demonstrates that
the report submitted to the commissioner is complete and accurate.
Each health benefit plan issuer shall make this information and any
supporting documentation available to the commissioner upon
request.
Added by Acts 2001, 77th Leg., ch. 852, § 1, eff. Sept. 1, 2001.
§ 38.254. UTILIZATION AND COST DATA TO
COMMISSIONER. (a) Upon request from the commissioner, the Texas
Health and Human Services Commission shall provide to the
commissioner data, including utilization and cost data, which is
related to the mandate being assessed to the population covered by
the Medicaid program, including a program administered under
Chapter 32, Human Resources Code, and a program administered under
Chapter 533, Government Code, even if the program is not
necessarily subject to the mandate.
(b) The commissioner may utilize data as defined in
Subsection (a) to determine the impact of mandated benefits and
mandated offers of coverage for which data collection and reporting
is requested.
Added by Acts 2001, 77th Leg., ch. 852, § 1, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 1276, § 10A.002, eff. Sept.
1, 2003.
SUBCHAPTER G. DATA REPORTING BY CERTAIN LIABILITY INSURERS
§ 38.301. INSURER DATA REPORTING. (a) Each insurer
that writes professional liability insurance policies for nursing
institutions licensed under Chapter 242, Health and Safety Code,
including an insurer whose rates are not regulated, shall, as a
condition of writing those policies in this state, comply with a
request for information from the commissioner under this section.
(b) The commissioner may require information in rate
filings, special data calls, or informational hearings or by any
other means consistent with this code applicable to the affected
insurer that the commissioner believes will allow the commissioner
to:
(1) determine whether insurers writing insurance
coverage described by Subsection (a) are passing to insured nursing
institutions on a prospective basis the savings that accrue as a
result of the reduction in risk to insurers writing that coverage
that will result from legislation enacted by the 77th Legislature,
Regular Session, including legislation that:
(A) amended Article 5.15-1 to limit the exposure
of an insurer to exemplary damages for certain claims against a
nursing institution; and
(B) amended Sections 32.021(i) and (k), Human
Resources Code, added Section 242.050, Health and Safety Code, and
repealed Section 32.021(j), Human Resources Code, to clarify the
admissibility of certain documents in a civil action against a
nursing institution; or
(2) prepare the report required of the commissioner
under Section 38.252 or any other report the commissioner is
required to submit to the legislature in connection with the
legislation described by Subdivision (1).
(c) Information provided under this section is privileged
and confidential to the same extent as the information is
privileged and confidential under this code or any other law
governing an insurer described by Subsection (a). The information
remains privileged and confidential unless and until introduced
into evidence at an administrative hearing or in a court of
competent jurisdiction.
Added by Acts 2001, 77th Leg., ch. 1284, § 4.01, eff. June 15,
2001. Renumbered from V.T.C.A., Insurance Code § 38.251 by Acts
2003, 78th Leg., ch. 1276, § 10A.501, eff. Sept. 1, 2003.
§ 38.302. RECOMMENDATIONS TO LEGISLATURE. The
commissioner shall assemble information and take other appropriate
measures to assess and evaluate changes in the marketplace
resulting from the implementation of the legislation described by
Section 38.251 and shall report the commissioner's findings and
recommendations to the legislature.
Added by Acts 2001, 77th Leg., ch. 1284, § 4.01, eff. June 15,
2001. Renumbered from V.T.C.A., Insurance Code § 38.252 by Acts
2003, 78th Leg., ch. 1276, § 10A.501, eff. Sept. 1, 2003.
