group health product requirements · pdf fileworkers compensation disclaimer (10-point type) -...

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Texas Department of Insurance | www.tdi.texas.gov AH001 | 0516 1/18 TEXAS DEPARTMENT OF INSURANCE (512) 676-6630 | F: (512) 490-1017 | (800) 578-4677 | TDI.texas.gov | @TexasTDI 333 Guadalupe, Austin, Texas 78701 PO Box 149104, Austin, Texas 78714-9104 Regulatory Policy Division - Accident and Health Program (106-1D) GROUP HEALTH PRODUCT REQUIREMENTS CHECKLIST Every effort has been made to ensure the accuracy of the information in this document. All parties should consult the Texas Insurance Code, the Texas Administrative Code, and other applicable laws. Important Note While this checklist applies to all of the group health products listed below, there is also another checklist specific to each product. The products covered by this checklist provide either medical coverage for illness or injury, or coverage for financial loss caused by illness or injury. Specifically, they are: Medical coverages: Accident, AD&D, Association, Blanket, Dental, Employer Market, Franchise, Hospital Indemnity, Large and Small Employer, Medicare Supplement, Specified Disease, Supplemental Coverage, and Vision. Financial coverages: Group health products covered by this checklist that provide coverage for financial loss caused by illness or injury are: Disability Income, Long Term Care, and Stop Loss. Form Use - For each listed item, complete the following: Page No. field - enter a form page number reference, or N/A if not applicable. First comment box - enter general comments or form objections. In the drop down box select: No Comments, Comments, or Objection. Text size: 1200 characters. When you print the form, only the visible text (first three lines) will print. To view the full text in a comment box, click on the + icon in the lower right corner of the box and then use the up or down scroll buttons. Second comment box labeled Company Response - enter a response if the first box is marked Objection (optional) Use the last two pages of this form for additional comments, objections and responses (text size: 4000 characters). POLICY FACE PAGE Employer or trustees of a fund set up by employer - TIC §1251.051 - or Page No. Policyholder identified as: Association - TIC §1251.052 - or Page No. Multiple employer trust - TIC §1251.053 - or Page No. Trustee of fund for former insureds - TIC §1251.055 - or Page No. Other - TIC §1251.056 Page No. Company Response

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Page 1: Group Health Product Requirements · PDF fileWorkers compensation disclaimer (10-point type) - 28 TAC §5.6302(c) Page No. Include TDI's and insurer's toll-free notice as first, second

Texas Department of Insurance | www.tdi.texas.gov

AH001 | 0516

1/18

TEXAS DEPARTMENT OF INSURANCE

(512) 676-6630 | F: (512) 490-1017 | (800) 578-4677 | TDI.texas.gov | @TexasTDI333 Guadalupe, Austin, Texas 78701 PO Box 149104, Austin, Texas 78714-9104Regulatory Policy Division - Accident and Health Program (106-1D)

GROUP HEALTH PRODUCT REQUIREMENTS CHECKLISTEvery effort has been made to ensure the accuracy of the information in this document. All parties should consult the Texas Insurance Code, the Texas Administrative Code, and other applicable laws. Important Note While this checklist applies to all of the group health products listed below, there is also another checklist specific to each product. The products covered by this checklist provide either medical coverage for illness or injury, or coverage for financial loss caused by illness or injury. Specifically, they are:

Medical coverages: Accident, AD&D, Association, Blanket, Dental, Employer Market, Franchise, Hospital Indemnity, Large and Small Employer, Medicare Supplement, Specified Disease, Supplemental Coverage, and Vision.

Financial coverages: Group health products covered by this checklist that provide coverage for financial loss caused by illness or injury are: Disability Income, Long Term Care, and Stop Loss. Form Use - For each listed item, complete the following: Page No. field - enter a form page number reference, or N/A if not applicable. First comment box - enter general comments or form objections. In the drop down box select: No Comments, Comments, or Objection. Text size: 1200 characters. When you print the form, only the visible text (first three lines) will print. To view the full text in a comment box, click on the + icon in the lower right corner of the box and then use the up or down scroll buttons. Second comment box labeled Company Response - enter a response if the first box is marked Objection (optional) Use the last two pages of this form for additional comments, objections and responses (text size: 4000 characters).

POLICY FACE PAGE

Employer or trustees of a fund set up by employer - TIC §1251.051 - orPage No.

Policyholder identified as:

Association - TIC §1251.052 - orPage No.

Multiple employer trust - TIC §1251.053 - orPage No.

Trustee of fund for former insureds - TIC §1251.055 - orPage No.

Other - TIC §1251.056Page No.

Company Response

Page 2: Group Health Product Requirements · PDF fileWorkers compensation disclaimer (10-point type) - 28 TAC §5.6302(c) Page No. Include TDI's and insurer's toll-free notice as first, second

Texas Department of Insurance | www.tdi.texas.gov

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Company Response

Company Response

Company Response

Page No. Workers compensation disclaimer (10-point type) - 28 TAC §5.6302(b)

Page No. Issuance of certificate of insurance - TIC §1251.201

CERTIFICATE FACE PAGE

Workers compensation disclaimer (10-point type) - 28 TAC §5.6302(c)Page No.

Include TDI's and insurer's toll-free notice as first, second or third page - TIC §521.005, and 28 TAC §1.601

Page No.

Company Response

DEPARTMENT'S AND INSURER'S TOLL-FREE INFORMATION AND COMPLAINT NOTICE

Include notice of insurer's procedure for policyholder disputes - TIC §521.005, and 28 TAC §1.601Page No.

Company Response

Page 3: Group Health Product Requirements · PDF fileWorkers compensation disclaimer (10-point type) - 28 TAC §5.6302(c) Page No. Include TDI's and insurer's toll-free notice as first, second

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Company Response

Company Response

Company Response

Must provide full description of benefits and expenses amounts - TIC §1251.201(a)(1)(A)Page No.

SCHEDULE OF BENEFITS, NOTICE

Notice of separate available coverage must be given - TIC §1251.201(a)(2)Page No.

Association - 28 TAC §21.2702(1)Page No.

DEFINITIONS

The following are definitions of general terms that may be included in a form filing. If a form filing does contain any of these terms, their definitions may not be more restrictive than the definition in the statute or rule cited.

Genetic Information - TIC §546.052Page No.

Company Response

Genetic Test - TIC §546.001(4)Page No.

Company Response

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Texas Department of Insurance | www.tdi.texas.gov

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Company Response

Company Response

Physician - TIC §1451.001(15)Page No.

Pre-Existing Conditions - TIC §1251.108Page No.

Succeeding Carrier (discontinuance and replacement) - TIC §1252.001(4)Page No.

Total Disability/Totally Disabled (extension of benefits) - TIC §1252.001(5)Page No.

Company Response

Company Response

No unfair discrimination between individuals of same class and essentially same hazard - TIC §544.052

Page No.

GENERAL POLICY PROVISIONS

Company Response

Page 5: Group Health Product Requirements · PDF fileWorkers compensation disclaimer (10-point type) - 28 TAC §5.6302(c) Page No. Include TDI's and insurer's toll-free notice as first, second

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Company Response

Company Response

No unfair discrimination based on sex, pregnancy, maternity - 28 TAC §21.405(1)-(3) and (6)-(7)Page No.

No restriction or prohibition permitted on right to assign benefits to provider - TIC §1204.053Page No.

Prohibited to exclude or limit coverage for benefits under Chapter 32, Human Resources Code and TIC §1204.201

Page No.

Company Response

Prohibited to require services by particular hospital or person - TIC §1251.006Page No.

Company Response

60-day notice for group premium increases - TIC §1254.001Page No.

Company Response

Right to select practitioners - TIC §§1451.001 - 1451.127, and §1451.255Page No.

Company Response

Page 6: Group Health Product Requirements · PDF fileWorkers compensation disclaimer (10-point type) - 28 TAC §5.6302(c) Page No. Include TDI's and insurer's toll-free notice as first, second

Texas Department of Insurance | www.tdi.texas.gov

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Discretionary clauses prohibited - TIC §1701.062, and 28 TAC §3.1202 and §3.1203Page No.

Company Response

Plain language requirements - 28 TAC §3.601 and §3.602Page No.

Company Response

If medical expense coverage, benefits paid to Texas Department of Human Services on behalf of child - TIC §§1204.151 - 1204.154

Page No.

Company Response

REQUIRED GROUP POLICY PROVISIONS

The following provisions must be included in every group health policy unless they are inapplicable or inconsistent with the coverage provided by a particular form of policy. If a provision is inapplicable or inconsistent, the insurer must omit or modify it - TIC §1251.101

If medical expense coverage, pay benefits to managing conservator if court ordered - TIC §§1204.251 - 1204.253

Page No.

Company Response

When premium is due - TIC §1251.102(1)Page No.

Company Response

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Texas Department of Insurance | www.tdi.texas.gov

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Grace period - TIC §1251.102(2)Page No.

Company Response

Incontestability - TIC §1251.103Page No.

Company Response

Entire contract - TIC §1251.104Page No.

Company Response

Statement made by policyholder or insured - TIC §1251.105Page No.

Company Response

Distinction based on marital status prohibited - TIC §1251.106Page No.

Company Response

Evidence of insurability - TIC §1251.107Page No.

Company Response

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Exclusion or limitation of coverage for pre-existing conditions - TIC §1251.108Page No.

Company Response

Adjustment of premiums or benefits if age misstated - TIC §1251.109Page No.

Company Response

Deadline for notice of claim - TIC §1251.110Page No.

Company Response

Claim forms - TIC §1251.111Page No.

Company Response

Deadline for claim (proof of loss) - TIC §1251.112Page No.

Company Response

Prompt payment of benefits required - TIC §1251.113Page No.

Company Response

Page 9: Group Health Product Requirements · PDF fileWorkers compensation disclaimer (10-point type) - 28 TAC §5.6302(c) Page No. Include TDI's and insurer's toll-free notice as first, second

Texas Department of Insurance | www.tdi.texas.gov

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Payment of benefits - TIC §1251.114Page No.

Company Response

Right to conduct physical examination or autopsy - TIC §1251.115Page No.

Company Response

Legal actions; limitations - TIC §1251.116Page No.

Company Response

Continuation or conversion of coverage - TIC §1251.117Page No.

Company Response

Extension of benefits provision; exemption - TIC §1252.102Page No.

Company Response

Discontinuance of coverage - TIC §§1252.101 - 1252.104Page No.

Company Response

Page 10: Group Health Product Requirements · PDF fileWorkers compensation disclaimer (10-point type) - 28 TAC §5.6302(c) Page No. Include TDI's and insurer's toll-free notice as first, second

Texas Department of Insurance | www.tdi.texas.gov

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Replacement of coverage - TIC §§1252.201 - 1252.207Page No.

Company Response

Continuance during labor dispute (if negotiated through collective bargaining agreement) - TIC §§1253.051 - 1253.060

Page No.

Company Response

If non-indigent patients are charged for services in a government facility that customarily charges non-indigent patients, those charges cannot be excluded - TIC §1204.002

Page No.

Company Response

OTHER EXCLUSIONS AND LIMITATIONS

An exception, exclusion or reduction of benefits should be clearly expressed in that benefit provision, or if it applies to more than one benefit provision, should be listed as a separate provision and clearly captioned.

In policies that provide mental illness or mental retardation, no exclusion of benefits when provided by tax-supported institution of the State of Texas - TIC §1355.202

Page No.

Company Response

May not exclude or deny coverage for HIV or AIDS - TIC §1364.003Page No.

Company Response

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Texas Department of Insurance | www.tdi.texas.gov

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Company Response

A “self-inflicted injury” exclusion must stipulate “intentionally” - TIC §1701.055(a)(2)Page No.

Company Response

An exclusion of coverage for riot and terrorism must be limited to participation - TIC §1701.055(a)(2)

Page No.

Company Response

May include coverage for spouse and dependents - TIC §1251.152Page No.

OPTIONAL ELIGIBILITY FOR COVERAGE

DEPENDENT ELIGIBILITY

Company Response

May include continuation of dependents' benefits on insured's death - TIC §1251.153Page No.

Company Response

Handicapped Child - TIC §1201.059(a)(1)Page No.

A plan that offers dependent coverage must offer coverage for all dependents listed below. The requirements for these dependents may not be more restrictive than stated in the applicable statute or rule:

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Texas Department of Insurance | www.tdi.texas.gov

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Company Response

Grandchild - TIC §1201.062 and §1251.151Page No.

Company Response

Adopted Child - TIC §1201.061 and §1251.154Page No.

Company Response

Medical and Dental Support Ordered Child - TIC §1201.062 and §1201.063, and Chapter 1504, and 28 TAC §§21.2001 - 21.2011

Page No.

Company Response

Stepchild - TIC §1201.064Page No.

Company Response

Newborn - TIC §1367.003 and 28 TAC §§3.3401 - 3.3403Page No.

Company Response

Student - TIC §1503.003Page No.

Page 13: Group Health Product Requirements · PDF fileWorkers compensation disclaimer (10-point type) - 28 TAC §5.6302(c) Page No. Include TDI's and insurer's toll-free notice as first, second

Texas Department of Insurance | www.tdi.texas.gov

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Company Response

Require that a child reside with the insured, or be claimed as exemption - TIC §1201.063 and §1504.101Page No.

A policy may not:

Company Response

Condition coverage for a child younger than 25 years of age on the child being enrolled in an educational institution - TIC §1201.065

Page No.

Company Response

Require a child to be “chiefly dependent” on the insured - TIC §1201.059(a)(2)Page No.

Company Response

Exclude a child who has a preexisting condition - TIC §1504.101Page No.

Company Response

Exclude a child born out of wedlock - TIC §1504.101Page No.

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Texas Department of Insurance | www.tdi.texas.gov

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Company Response

Exclude a child who receives or has applied for medical assistance - TIC §1504.101Page No.

Company Response

Policy cannot exclude payment because benefits are also payable under a supplemental individual policy for hospital confinement, specified disease, or limited benefit - TIC §1203.002

Page No.

COORDINATION OF BENEFITS

A coordination of benefits provision is not required, but if one is included in a policy, it must comply with the following requirements:

Company Response

Must state terms for insured dependent children and satisfy other terms of TIC §1701.055(b)Page No.

Company Response

Definitions - 28 TAC §3.3503Page No.

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Texas Department of Insurance | www.tdi.texas.gov

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Company Response

Written communication may be delivered by electronic means if the party consented to electronic delivery and has not withdrawn consent. A regulated entity must provide - a statement informing the party about the right or option to receive written communication in paper form, the right to withdraw consent, and any conditions or consequences imposed if consent is withdrawn; and - information about how to withdraw consent and how to update information needed to contact the party electronically - TIC §35.004(c)(1) and (2)

Page No.

ELECTRONIC COMMUNICATION

Company Response

Miscellaneous provisions - 28 TAC §3.3509Page No.

Company Response

Model coordination of benefits contract provisions - 28 TAC §3.3510Page No.

See next pages for additional comments or objections and space for additional responses, if any.

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Additional Comments or Objections:

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Additional Company Responses:

Company Response