H.B. No. 1540 1-1 AN ACT 1-2 relating to the regulation of multiple employer welfare 1-3 arrangements; creating offenses and providing civil and criminal 1-4 penalties; providing for fees. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Chapter 3, Insurance Code, is amended by adding 1-7 Subchapter I to read as follows: 1-8 SUBCHAPTER I. MULTIPLE EMPLOYER WELFARE ARRANGEMENTS 1-9 Art. 3.95-1. DEFINITIONS. In this subchapter: 1-10 (1) "Board" means the State Board of Insurance. 1-11 (2) "Commissioner" means the commissioner of 1-12 insurance. 1-13 (3) "Employee welfare benefit plan" has the meaning 1-14 assigned by Section 3(1) of the Employee Retirement Income Security 1-15 Act of 1974 (29 U.S.C. Section 1002(1)). 1-16 (4) "Fully insured multiple employer welfare 1-17 arrangement" means a multiple employer welfare arrangement that 1-18 provides benefits to its participating employees and beneficiaries 1-19 for which 100 percent of the liability has been assumed by an 1-20 insurance company authorized to do business in this state. 1-21 (5) "Multiple employer welfare arrangement" has the 1-22 meaning assigned by Section 3(40) of the Employee Retirement Income 1-23 Security Act of 1974 (29 U.S.C. Section 1002(40)) to describe an 1-24 entity which meets either or both of the following criteria: 2-1 (A) one or more of the employer members in the 2-2 multiple employer welfare arrangement is either domiciled in this 2-3 state or has its principal headquarters or principal administrative 2-4 office in this state; or 2-5 (B) the multiple employer welfare arrangement 2-6 solicits an employer that is domiciled in this state or has its 2-7 principal headquarters or principal administrative office in this 2-8 state. 2-9 Art. 3.95-2. CERTIFICATE OF AUTHORITY. (a) A person shall 2-10 not establish or maintain an employee welfare benefit plan which is 2-11 a multiple employer welfare arrangement in this state unless the 2-12 multiple employer welfare arrangement obtains and maintains a 2-13 certificate of authority pursuant to this subchapter. This 2-14 subchapter shall not apply to a fully insured multiple employer 2-15 welfare arrangement for so long as such multiple employer welfare 2-16 arrangement remains fully insured. The commissioner may, from time 2-17 to time, require proof that the multiple employer welfare 2-18 arrangement is fully insured. 2-19 (b) A person wishing to establish an employee welfare 2-20 benefit plan which is a multiple employer welfare arrangement shall 2-21 apply for an initial certificate of authority on a form prescribed 2-22 by the commissioner. The application shall be completed and 2-23 submitted along with all information required by the commissioner, 2-24 including: 2-25 (1) copies of all articles, bylaws, agreements, 2-26 trusts, or other documents or instruments describing the rights and 2-27 obligations of employers, employees, and beneficiaries with respect 3-1 to the multiple employer welfare arrangement; 3-2 (2) current financial statements of the multiple 3-3 employer welfare arrangement; 3-4 (3) proof of a fidelity bond which shall protect 3-5 against acts of fraud or dishonesty in servicing the multiple 3-6 employer welfare arrangement, covering each person responsible for 3-7 servicing the employee welfare benefit plan in an amount equal to 3-8 the greater of 10 percent of the premiums and contributions 3-9 received by the multiple employer welfare arrangement, or 10 3-10 percent of the benefits paid, during the preceding calendar year, 3-11 with a minimum of $10,000 and a maximum of $500,000; no additional 3-12 bond shall be required of a third-party administrator licensed to 3-13 engage in business in this state; 3-14 (4) a statement showing in full detail the plan on 3-15 which the multiple employer welfare arrangement proposes to 3-16 transact business; 3-17 (5) an initial actuarial opinion in compliance with 3-18 the requirements of Subsection (a)(2), Article 3.95-8, of this code 3-19 and subject to Subsection (c), Article 3.95-8, of this code; and 3-20 (6) a certification by the applicant that the multiple 3-21 employer welfare arrangement is in compliance with all applicable 3-22 provisions of the Employee Retirement Income Security Act of 1974 3-23 (29 U.S.C. Section 1001 et seq.). 3-24 (c) The commissioner shall promptly examine the application 3-25 and documents submitted by the applicant and shall have the power 3-26 to conduct any investigation which the commissioner may deem 3-27 necessary and to examine under oath any persons interested in or 4-1 connected with the multiple employer welfare arrangement. 4-2 (d) Within 60 days of the filing of the application, the 4-3 commissioner shall issue the initial certificate of authority, 4-4 which shall be a temporary certificate for a term of one year, to a 4-5 multiple employer welfare arrangement, provided all of the 4-6 following conditions have been met: 4-7 (1) the employers in the multiple employer welfare 4-8 arrangement are members of an association or group of five or more 4-9 businesses which are in the same trade or industry, including 4-10 closely related businesses which provide support, services, or 4-11 supplies primarily to that trade or industry; 4-12 (2) if an association, that the association in the 4-13 multiple employer welfare arrangement is engaged in substantial 4-14 activity for its members other than sponsorship of an employee 4-15 welfare benefit plan; 4-16 (3) if an association, that the association in the 4-17 multiple employer welfare arrangement has been in existence for a 4-18 period of not less than two years prior to engaging in any 4-19 activities relating to the provision of employee health benefits to 4-20 its members; 4-21 (4) the employee welfare plan of the association or 4-22 group in the multiple employer welfare arrangement is controlled 4-23 and sponsored directly by participating employers, participating 4-24 employees, or both; 4-25 (5) the association or group of employers in the 4-26 multiple employer welfare arrangement is a not-for-profit 4-27 organization; 5-1 (6) the multiple employer welfare arrangement has 5-2 within its own organization adequate facilities and competent 5-3 personnel, as determined by the commissioner, to service the 5-4 employee benefit plan or has contracted with a third-party 5-5 administrator licensed to engage in business in this state; 5-6 (7) the multiple employer welfare arrangement has 5-7 applications from not less than five employers and will provide 5-8 similar benefits for not less than 200 separate participating 5-9 employees, and the annual gross premiums of or contributions to the 5-10 plan will be not less than $20,000 for a plan that provides only 5-11 vision benefits, $75,000 for a plan that provides only dental 5-12 benefits, and $200,000 for all other plans; 5-13 (8) the multiple employer welfare arrangement 5-14 possesses a written commitment, binder, or policy for stop-loss 5-15 insurance issued by an insurer authorized to do business in this 5-16 state providing not less than 30 days notice to the commissioner of 5-17 any cancellation or nonrenewal of coverage and which provides both 5-18 specific and aggregate coverage with an aggregate retention of no 5-19 more than 125 percent of the amount of expected claims for the next 5-20 plan year and a specific retention amount annually determined by 5-21 the actuarial report required by Article 3.95-8 of this code; 5-22 (9) both the specific and aggregate coverage will 5-23 require all claims to be submitted within 90 days after the claim 5-24 is incurred and provide a 12-month claims incurred period and a 5-25 15-month paid claims period for each policy year; 5-26 (10) the contributions shall be set to fund at least 5-27 100 percent of the aggregate retention plus all other costs of the 6-1 multiple employer welfare arrangements; 6-2 (11) if the reserves required by Subsection (a)(2)(B), 6-3 Article 3.95-8, of this code exceed the greater of 40 percent of 6-4 the total contributions for the preceding plan year or 40 percent 6-5 of the total contributions expected for the current plan year, the 6-6 contributions may be reduced to fund less than 100 percent of the 6-7 aggregate retention plus all other costs of the multiple employer 6-8 welfare arrangement, but in no event less than the level of 6-9 contributions necessary to fund the minimum reserves required under 6-10 Subsection (a)(2)(B), Article 3.95-8, of this code; 6-11 (12) the reserves described in Subsection (a)(2)(B), 6-12 Article 3.95-8, of this code have been established or will be 6-13 established before the final certificate of authority is issued; 6-14 (13) the multiple employer welfare arrangement has 6-15 established a procedure for handling claims for benefits in the 6-16 event of dissolution of the multiple employer welfare arrangement; 6-17 and 6-18 (14) the multiple employer welfare arrangement has 6-19 obtained the required bond. 6-20 (e) On receipt of its initial certificate of authority, the 6-21 multiple employer welfare arrangement shall commence business. 6-22 (f) The multiple employer welfare arrangement, each of its 6-23 trustees or directors and officers, and any agent or other person 6-24 associated with the multiple employer welfare arrangement, other 6-25 than a participating employer in its capacity as such and its 6-26 participating employees, shall be subject to disqualification if 6-27 the person: 7-1 (1) made a material misstatement or omission in an 7-2 application for a certificate of authority under this subchapter; 7-3 (2) obtained or attempted to obtain at any time a 7-4 certificate of authority or license for an insurance entity through 7-5 intentional misrepresentation or fraud; 7-6 (3) misappropriated or converted to the person's own 7-7 use or improperly withheld money under an employee welfare benefit 7-8 plan or multiple employer welfare arrangement; 7-9 (4) is prohibited from serving in any capacity with 7-10 the multiple employer welfare arrangement under Section 411 of the 7-11 Employee Retirement Income Security Act of 1974 (28 U.S.C. Section 7-12 1111); 7-13 (5) without reasonable cause or excuse failed to 7-14 appear in response to a subpoena, examination, warrant, or any 7-15 other order lawfully issued by the commissioner; or 7-16 (6) has previously been subject to a determination by 7-17 the commissioner resulting in the suspension or revocation of a 7-18 certificate of authority or license or denial of a certificate of 7-19 authority or license on grounds that would be sufficient for 7-20 suspension or revocation. 7-21 (g) A multiple employer welfare arrangement in existence on 7-22 June 1, 1993, shall file notice with the commissioner by 7-23 December 31, 1993, of its intent to apply for an initial 7-24 certificate of authority and shall file for its initial certificate 7-25 of authority by June 1, 1994. The multiple employer welfare 7-26 arrangement may continue to conduct business until the initial 7-27 certificate of authority is granted or finally denied by the 8-1 commissioner. 8-2 (h) A multiple employer welfare arrangement possessing an 8-3 initial certificate of authority must apply for a final certificate 8-4 of authority no later than one year after issuance of its initial 8-5 certificate of authority. The multiple employer welfare 8-6 arrangement shall file an application on a form prescribed by the 8-7 commissioner and furnish such information as may be required by the 8-8 commissioner. The application shall include only: 8-9 (1) the names and addresses of: 8-10 (A) the association or group of employers 8-11 sponsoring the multiple employer welfare arrangement; 8-12 (B) the members of the board of trustees or 8-13 directors, as applicable, of the multiple employer welfare 8-14 arrangement; and 8-15 (C) if not an association, at least five 8-16 employers, which information shall be retained by the commissioner 8-17 as confidential; 8-18 (2) evidence that the bonding requirements have been 8-19 met; 8-20 (3) copies of all plan documents and agreements with 8-21 service providers, which shall be retained by the commissioner as 8-22 confidential; and 8-23 (4) a funding report containing: 8-24 (A) a statement certified by the board of 8-25 trustees or directors, as applicable, and an actuarial opinion that 8-26 all applicable requirements of Article 3.95-8 of this code have 8-27 been met; 9-1 (B) an actuarial opinion which sets forth a 9-2 description of the extent to which contributions or premium rates: 9-3 (i) are not excessive; 9-4 (ii) are not unfairly discriminatory; and 9-5 (iii) are adequate to provide for the 9-6 payment of all obligations and the maintenance of required cash 9-7 reserves and surplus by the multiple employer welfare arrangement; 9-8 (C) a statement of the current value of the 9-9 assets and liabilities accumulated by the multiple employer welfare 9-10 arrangement and a projection of the assets, liabilities, income, 9-11 and expenses of the multiple employer welfare arrangement for the 9-12 next 12-month period; and 9-13 (D) a statement of the costs of coverage to be 9-14 charged, including an itemization of amounts for administration, 9-15 reserves, and other expenses associated with operation of the 9-16 multiple employer welfare arrangement. 9-17 (i) After examination and investigation, the commissioner 9-18 shall issue a final certificate of authority to the multiple 9-19 employer welfare arrangement if the commissioner is satisfied that 9-20 the multiple employer welfare arrangement meets the requirements of 9-21 this subchapter. The commissioner shall refuse to grant a final 9-22 certificate of authority to an applicant that fails to meet the 9-23 requirements of this subchapter. Notice of refusal shall be in 9-24 writing, shall set forth the basis for the refusal, and shall also 9-25 constitute 30 days' advance notice of revocation of the initial 9-26 certificate of authority. The initial certificate of authority may 9-27 be extended for up to one year at the discretion of the 10-1 commissioner on a determination that the multiple employer welfare 10-2 arrangement is likely to meet the requirements of this subchapter 10-3 within one year. No more than one extension of the initial 10-4 certificate of authority shall be granted regardless of the length 10-5 of time for which an extension was granted. 10-6 (j) If the applicant submits a written request for hearing 10-7 within 30 days after mailing of the notice of refusal, revocation 10-8 of the initial certificate of authority shall be temporarily stayed 10-9 and the commissioner shall promptly conduct a hearing in which the 10-10 applicant shall be given an opportunity to show compliance with the 10-11 requirements of this subchapter. 10-12 Art. 3.95-3. FEES. (a) The commissioner shall collect and 10-13 the multiple employer welfare arrangement shall pay fees to the 10-14 commissioner as set by the commissioner for: 10-15 (1) application for initial certificate of 10-16 authority; 10-17 (2) application for final certificate of 10-18 authority; and 10-19 (3) filing fee for annual statement. 10-20 (b) The commissioner shall set the fees established in 10-21 accordance with Subsection (a) of this article in amounts 10-22 reasonable and necessary to defray the cost of administration of 10-23 this subchapter. 10-24 (c) Each multiple employer welfare arrangement shall appoint 10-25 the commissioner as its resident agent for purposes of service of 10-26 process. The fee for such service shall be $50, payable at the 10-27 time of appointment. 11-1 (d) Fees paid under this article shall be deposited in the 11-2 state treasury to the credit of the State Board of Insurance 11-3 operating fund. 11-4 Art. 3.95-4. BENEFITS ALLOWED. (a) A multiple employer 11-5 welfare arrangement authorized under this subchapter shall be 11-6 limited to providing any one or more of the following: 11-7 (1) medical, dental, optical, surgical, or hospital 11-8 care; 11-9 (2) benefits in the event of sickness, accident, 11-10 disability, or death; 11-11 (3) any other benefit authorized for health insurers 11-12 in this state; and 11-13 (4) prepaid legal services. 11-14 (b) A multiple employer welfare arrangement may only provide 11-15 benefits to active or retired owners, officers, directors, or 11-16 employees of or partners in participating employers, or the 11-17 beneficiaries of such persons, except as may otherwise be limited 11-18 by provisions of the Employee Retirement Income Security Act of 11-19 1974 (29 U.S.C. Section 1001 et seq.). 11-20 Art. 3.95-5. NAME; EVIDENCE OF EXISTENCE. No multiple 11-21 employer welfare arrangement authorized under this subchapter shall 11-22 take any name which is the same as or closely resembles the name of 11-23 any other multiple employer welfare arrangement possessing a 11-24 certificate of authority and doing business in this state. A 11-25 multiple employer welfare arrangement shall transact its business 11-26 under its own name and shall not adopt any assumed name, except 11-27 that a multiple employer welfare arrangement by amending its 12-1 articles may change its name or take a new name with the approval 12-2 of the commissioner. Whenever it shall be necessary in any legal 12-3 proceeding to prove the existence of a multiple employer welfare 12-4 arrangement, a certified copy of the multiple employer welfare 12-5 arrangement's certificate of authority shall be prima facie 12-6 evidence of the existence of the multiple employer welfare 12-7 arrangement. 12-8 Art. 3.95-6. POWERS OF MULTIPLE EMPLOYER WELFARE 12-9 ARRANGEMENTS. Every multiple employer welfare arrangement, unless 12-10 otherwise provided in or inconsistent with this subchapter, shall 12-11 have power: 12-12 (1) to have succession, by its name, for the term 12-13 stated in its trust agreement; 12-14 (2) to sue and be sued, to complain and defend in any 12-15 court of law or equity, or to be a party to any proceedings before 12-16 any board or commission or other public body of this state or of 12-17 any other state or government; suits at law may be maintained by 12-18 the multiple employer welfare arrangement against any of its 12-19 participating employers, employees, or beneficiaries for any cause 12-20 relating to the business of the multiple employer welfare 12-21 arrangement; 12-22 (3) to have a seal which may be altered at pleasure 12-23 and to use the seal by causing it or a facsimile of it to be 12-24 impressed, affixed, or otherwise reproduced; 12-25 (4) to appoint such officers and agents as the 12-26 business of the multiple employer welfare arrangement shall require 12-27 and to allow them suitable compensation; 13-1 (5) to make, alter, amend, and repeal bylaws for the 13-2 regulation and government of its affairs; and 13-3 (6) to conduct its business in this state, other 13-4 states, the District of Columbia, the territories and colonies of 13-5 the United States, and foreign countries and their territories and 13-6 colonies; to have one or more offices out of this state; and to 13-7 acquire, purchase, hold, mortgage, pledge, assign, transfer, and 13-8 convey real and personal property subject to the provisions of this 13-9 subchapter. 13-10 Art. 3.95-7. FILING OF ARTICLES; NOTICE OF ELECTIONS; BOARD 13-11 OF TRUSTEES OR DIRECTORS. (a) The articles or bylaws, or trust 13-12 agreement, as applicable, of the multiple employer welfare 13-13 arrangement and all appurtenant amendments shall be filed with the 13-14 commissioner before becoming operative. 13-15 (b) At least 75 percent of the trustees or directors shall 13-16 be elected by the member employers of the multiple employer welfare 13-17 arrangement. Each trustee or director shall be elected for at 13-18 least a two-year term. Each member employer of a multiple employer 13-19 welfare arrangement shall be given notice of every election of 13-20 trustees or directors and shall be entitled to an equal vote either 13-21 in person or by proxy in writing signed by the member employer. No 13-22 owner, officer, or employee of a third-party administrator who 13-23 provides services to the multiple employer welfare arrangement or 13-24 of any other person who has received compensation from the multiple 13-25 employer welfare arrangement may serve as proxy. 13-26 (c) The powers of a multiple employer welfare arrangement, 13-27 except as otherwise provided, shall be exercised by the board of 14-1 trustees or directors chosen to carry out the purposes of the 14-2 organizational documents. Not less than 75 percent of the trustees 14-3 or directors shall be persons who are covered under the multiple 14-4 employer welfare arrangement, and no trustee or director shall be 14-5 an owner, officer, or employee of a third-party administrator who 14-6 provides services to the multiple employer welfare arrangement or 14-7 of any other person who has received compensation from the multiple 14-8 employer welfare arrangement. 14-9 Art. 3.95-8. FILINGS BY MULTIPLE EMPLOYER WELFARE 14-10 ARRANGEMENTS; REPORT OF CASH RESERVES; APPROVAL BY COMMISSIONER; 14-11 ADDITIONAL ACTUARIAL REVIEW. (a) Each multiple employer welfare 14-12 arrangement transacting business in this state shall file the 14-13 following with the commissioner on forms approved by the 14-14 commissioner: 14-15 (1) within 90 days of the end of the fiscal year, 14-16 financial statements audited by a certified public accountant; and 14-17 (2) within 90 days of the end of the fiscal year, an 14-18 actuarial opinion prepared and certified by an actuary who is not 14-19 an employee of the multiple employer welfare arrangement and who is 14-20 a fellow of the Society of Actuaries, a member of the American 14-21 Academy of Actuaries, or an enrolled actuary under the Employee 14-22 Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et 14-23 seq.). The actuarial opinion shall include: 14-24 (A) a description of the actuarial soundness of 14-25 the multiple employer welfare arrangement, including any 14-26 recommended actions that the multiple employer welfare arrangement 14-27 should take to improve its actuarial soundness; 15-1 (B) the recommended amount of cash reserves the 15-2 multiple employer welfare arrangement should maintain which shall 15-3 not be less than the greater of 20 percent of the total 15-4 contributions in the preceding plan year or 20 percent of the total 15-5 estimated contributions for the current plan year; cash reserves 15-6 shall be calculated with proper actuarial regard for known claims, 15-7 paid and outstanding, a history of incurred but not reported 15-8 claims, claims handling expenses, unearned premium, an estimate for 15-9 bad debts, a trend factor, and a margin for error; cash reserves 15-10 required by this article shall be maintained in cash or federally 15-11 guaranteed obligations of less than five-year maturity that have a 15-12 fixed or recoverable principal amount or such other investments as 15-13 the commissioner or board may authorize by rule; and 15-14 (C) the recommended level of specific and 15-15 aggregate stop-loss insurance the multiple employer welfare 15-16 arrangement should maintain. 15-17 (b) The commissioner shall review the forms required by 15-18 Subsection (a) of this article. The commissioner shall renew a 15-19 multiple employer welfare arrangement's certificate of authority 15-20 unless the commissioner finds that the multiple employer welfare 15-21 arrangement does not meet the requirements of this subchapter. The 15-22 cash reserves required by this article shall be maintained in cash 15-23 or federally guaranteed obligations of less than five-year maturity 15-24 that have a fixed or recoverable principal amount or such other 15-25 investments as the commissioner or board may authorize by rule. 15-26 (c) On a finding of good cause, the commissioner may order 15-27 an actuarial review of a multiple employer welfare arrangement in 16-1 addition to the actuarial opinion required by Subsection (a)(2) of 16-2 this article. The cost of any such additional actuarial review 16-3 shall be paid by the multiple employer welfare arrangement. 16-4 (d) On application of a multiple employer welfare 16-5 arrangement, the commissioner may waive or reduce the requirement 16-6 for aggregate stop-loss coverage and the amount of reserves 16-7 required by Subsection (a)(2)(B) of this article on a determination 16-8 that the interests of the participating employers and employees are 16-9 adequately protected. 16-10 Art. 3.95-9. EXAMINATION OF MULTIPLE EMPLOYER WELFARE 16-11 ARRANGEMENTS. The commissioner or any person appointed by the 16-12 commissioner shall have the power to examine the affairs of any 16-13 multiple employer welfare arrangement and for such purposes shall 16-14 have free access to all the books, records, and documents that 16-15 relate to the business of the plan and may examine under oath its 16-16 trustees or directors, officers, agents, and employees in relation 16-17 to the affairs, transactions, and conditions of the multiple 16-18 employer welfare arrangement. Expenses of examination shall be 16-19 paid by each multiple employer welfare arrangement as provided in 16-20 Article 1.16 of this code. 16-21 Art. 3.95-10. DUTIES OF TRUSTEES OR DIRECTORS; COMPENSATION 16-22 OF TRUSTEES, DIRECTORS, OR OFFICERS. (a) The trustees or 16-23 directors of a multiple employer welfare arrangement shall give 16-24 the attention and exercise the vigilance, diligence, care, and 16-25 skill that prudent persons use in like or similar circumstances. 16-26 Trustees or directors shall be responsible for all operations of 16-27 the multiple employer welfare arrangement and shall take all 17-1 necessary precautions to safeguard the assets of the multiple 17-2 employer welfare arrangement. No trustee or director shall be held 17-3 liable in a private cause of action for any delinquency under this 17-4 article after six years from the date of delinquency or after two 17-5 years from the time when the delinquency is discovered by a person 17-6 complaining of the delinquency, whichever occurs sooner. 17-7 (b) The board of trustees or directors shall select such 17-8 officers as designated in the articles or bylaws or trust agreement 17-9 and may appoint agents as deemed necessary for the transaction of 17-10 the business of the multiple employer welfare arrangement. All 17-11 officers and agents shall respectively have such authority and 17-12 perform such duties in the management of the property and affairs 17-13 of the multiple employer welfare arrangement as may be delegated by 17-14 the board of trustees or directors. Any officer or agent may be 17-15 removed by the board of trustees or directors whenever in their 17-16 judgment the business interests of the multiple employer welfare 17-17 arrangement will be served by the removal. The board of trustees 17-18 or directors shall secure the fidelity of any or of all such 17-19 officers or agents who handle the funds of the multiple employer 17-20 welfare arrangement by bond or otherwise. 17-21 (c) Trustees or directors shall serve without compensation 17-22 from the multiple employer welfare arrangement except for actual 17-23 and necessary expenses. A multiple employer welfare arrangement 17-24 shall not pay any salary, compensation, or emolument to any officer 17-25 of the multiple employer welfare arrangement unless the payment is 17-26 first authorized by a majority vote of the board of trustees or 17-27 directors of the multiple employer welfare arrangement. 18-1 (d) An officer, employee, or agent of a multiple employer 18-2 welfare arrangement shall not be compensated unreasonably. The 18-3 compensation of any officer or employee of a multiple employer 18-4 welfare arrangement shall not be calculated directly or indirectly 18-5 as a percentage of money or premium collected. The compensation of 18-6 any agent shall not exceed five percent of the money or premium 18-7 collected. 18-8 Art. 3.95-11. RECEIPT OF THING OF VALUE BY OFFICER, TRUSTEE, 18-9 DIRECTOR, OR EMPLOYEE; PENALTY. (a) An officer, trustee, 18-10 director, or employee of a multiple employer welfare arrangement 18-11 shall not knowingly and intentionally, directly or indirectly, 18-12 receive any money or valuable thing for negotiating, procuring, 18-13 recommending, or aiding in any purchase by or sale to the multiple 18-14 employer welfare arrangement of any property or any loan from the 18-15 multiple employer welfare arrangement or be pecuniarily interested 18-16 either as principal, coprincipal, agent, or beneficiary in any such 18-17 purchase, sale, or loan. 18-18 (b) A person who violates this article is guilty of an 18-19 offense. An offense under this section is a felony of the third 18-20 degree. 18-21 Art. 3.95-12. WRITTEN NOTICE TO EMPLOYEES COVERED. A 18-22 multiple employer welfare arrangement, in connection with an 18-23 employee welfare benefit plan, shall provide to each participating 18-24 employee covered by the plan the following written notice at the 18-25 time his or her coverage becomes effective: 18-26 (1) that individuals covered by the plan are only 18-27 partially insured; and 19-1 (2) that in the event the plan or the multiple 19-2 employer welfare arrangement does not ultimately pay medical 19-3 expenses that are eligible for payment under the plan for any 19-4 reason, the participating employer or its participating employee 19-5 covered by the plan may be liable for those expenses. 19-6 Art. 3.95-13. APPLICABILITY OF OTHER STATUTES. A multiple 19-7 employer welfare arrangement shall be exempt from the operation of 19-8 all insurance laws of this state, except such laws as are made 19-9 applicable by their specific terms or as specified in this 19-10 subchapter. Multiple employer welfare arrangements shall be 19-11 subject to Articles 1.04, 1.10A, 1.10B, 1.10C, 1.10D, 1.12, 1.13, 19-12 1.14, 1.14A, 1.15, 1.16, 1.19, 1.19-1, 1.24, 1.28, 1.29, 1.31, 19-13 1.35, 1.36, 3.55, 3.56, 3.56-1, 3.67, 21.21, 21.28, 21.28-A, and 19-14 21.28-E and Section 7 of Article 1.10 of this code. A multiple 19-15 employer welfare arrangement will be considered an insurer for 19-16 purposes of these sections only. 19-17 Art. 3.95-14. SUSPENSION, REVOCATION, OR LIMITATION OF 19-18 CERTIFICATE OF AUTHORITY: OTHER REMEDIES. (a) In addition to any 19-19 requirements or remedies set out in Article 3.95-13 of this code, 19-20 the commissioner may suspend, revoke, or limit the certificate of 19-21 authority of a multiple employer welfare arrangement if the 19-22 commissioner finds, after motion and hearing, that the multiple 19-23 employer welfare agreement does not meet the requirements of this 19-24 subchapter. 19-25 (b) The commissioner may notify the attorney general of a 19-26 violation of this subchapter, and the attorney general may apply to 19-27 a district court in Travis County for leave to file suit in the 20-1 nature of quo warranto or for injunctive relief or both. The 20-2 attorney general may seek and the court may order restitution for 20-3 victims of an act declared to be unlawful under this subchapter, a 20-4 fine under this code, and recovery of reasonable attorney's fees. 20-5 Art. 3.95-15. PROCEEDINGS BEFORE THE BOARD OF INSURANCE. 20-6 (a) The board may, on notice and opportunity for all interested 20-7 persons to be heard, issue such rules, regulations, and orders as 20-8 are reasonably necessary to augment and carry out the provisions of 20-9 this subchapter. 20-10 (b) A person affected by a final ruling or action of the 20-11 commissioner under this subchapter is entitled to have that ruling 20-12 or action reviewed by the board by submitting an application to the 20-13 board as provided by Subsection (d) of Article 1.04 of this code. 20-14 Appeal of the commissioner's ruling or action to the board does not 20-15 operate as a stay of the ruling or action except as otherwise 20-16 ordered by the board on application by the appellant. 20-17 (c) A person affected by the board's order may appeal that 20-18 order by filing suit in a district court in Travis County pursuant 20-19 to Subsection (f) of Article 1.04 of this code. 20-20 SECTION 2. This Act does not exempt a multiple employer 20-21 welfare arrangement from any other license requirement imposed 20-22 under local, state, or federal law. 20-23 SECTION 3. (a) Except as provided by Subsection (b) of this 20-24 section, this Act takes effect September 1, 1993. 20-25 (b) An entity in existence on June 1, 1993, that is required 20-26 to hold a certificate of authority under this Act shall not be 20-27 prosecuted for engaging in the unauthorized business of insurance 21-1 if it timely files notice and applies for an initial and a final 21-2 certificate of authority unless either is finally denied. If an 21-3 existing multiple employer welfare arrangement timely files notice 21-4 and applies for an initial and a final certificate of authority, 21-5 the fact that such multiple employer welfare arrangement engaged in 21-6 the business of insurance in this state prior to the effective date 21-7 of this Act shall not provide a basis for denial of a certificate 21-8 of authority. 21-9 SECTION 4. The importance of this legislation and the 21-10 crowded condition of the calendars in both houses create an 21-11 emergency and an imperative public necessity that the 21-12 constitutional rule requiring bills to be read on three several 21-13 days in each house be suspended, and this rule is hereby suspended.