Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 81(R)

Senate Bill 79

Senate Author:  Nelson

Effective:  9-1-09

House Sponsor:  Smithee


            Senate Bill 79 amends the Insurance Code to require the Texas Department of Insurance (TDI) to establish a voluntary specialty certification program for individuals who market small employer health benefit plans in accordance with the Health Insurance Portability and Availability Act. The bill sets out the qualifications for receiving the certification and specifies the initial training that is required of individuals seeking certification, with certain exceptions. The bill provides for the renewal of the certification every two years by completing certain continuing education requirements and allows each hour of education to obtain or renew a specialty license to be used to satisfy an hour of continuing education otherwise applicable to the agent under life, accident, and health agent licensing requirements. To hold a specialty certification, the bill requires an individual to agree to market small employer health benefit plans to certain employers without regard to the number of employees to be covered under the plan, and authorizes a certified individual to advertise, in the manner specified by TDI rule, that the individual is specially trained to serve small employers.

            Senate Bill 79 requires TDI to maintain on its website a published list of all individuals who hold a specialty certification, together with certain contact and descriptive information.  The bill authorizes the commissioner of insurance to adopt rules as necessary to administer the bill's provisions, and authorizes TDI, not later than January 1, 2010, to begin issuing the specialty certifications.