By Harris H.B. No. 2006
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of multiple employer welfare
1-3 arrangements.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 2. Amend Art. 1.14-1 Sec. 2(a) 7. (ii) of the Texas
1-6 Insurance Code as follows:
1-7 "(ii) a multiple employer welfare arrangement (MEWA) which
1-8 is fully insured as defined in 29 U.S.C.A. Section 1144(b)(6)
1-9 except that the Commissioner may apply any law that regulate the
1-10 business of insurance in this state to the extent that such laws
1-11 provide (1) standards requiring maintenance of specified levels of
1-12 contributions, which any such plan, or any trust established under
1-13 such a plan, must meet in order to be considered under such law
1-14 able to pay benefits in full when due, and (2) provisions to
1-15 enforce such standards. A MEWA shall be presumed fully insured for
1-16 purposes of this subparagraph if a group master policy or insurance
1-17 is issued to the MEWA funding the benefits offered by the MEWA by a
1-18 company licensed to act as an insurer in this state and authorized
1-19 to write the line or lines of insurance contained within the group
1-20 master policy of insurance issued to the MEWA and certificates of
1-21 insurance evidencing coverage under the group master policy of
1-22 insurance are issued by the company to the individual participants
1-23 in the MEWA or if the MEWA enters into a reinsurance treaty,
2-1 contract or agreement with a company licensed to act as an insurer
2-2 in this state. The company entering into a reinsurance treaty,
2-3 contract or agreement with a MEWA is required 1) to be rated B+ or
2-4 better by Best's Insurance Reports, 2) to be possessed of at least
2-5 ten million and no/100 dollars ($10,000,000.00) of surplus in
2-6 excess of required statutory capital, 3) to have been authorized to
2-7 act as an insurer by the Texas Department of Insurance in this
2-8 state for at least ten (10) years, 4) to be possessed of assets at
2-9 least equal to reserves necessary to pay claims arising under the
2-10 reinsurance treaty, contract or agreement issued to the MEWA, 5) to
2-11 act as the administrator of claims arising under the benefit plan
2-12 sponsored by the MEWA to which the reinsurance treaty, contract or
2-13 agreement is issued, 6) to pay premium tax in accordance with Art.
2-14 4.11 of this Code on the total monetary consideration received from
2-15 the MEWA by the company for the issuance of the reinsurance treaty,
2-16 contract or agreement, and 7) include a provision in the
2-17 reinsurance treaty, contract or agreement providing that in the
2-18 event the MEWA is unable to fund a portion of any claim retained by
2-19 the MEWA, the company will provide the MEWA the funds necessary to
2-20 pay the portion of the claim retained by the MEWA which is unfunded
2-21 by the MEWA. Further, the MEWA reinsured by a reinsurance treaty,
2-22 contract or agreement issued in accordance with this subparagraph
2-23 may only solicit participation in this state in the benefit plan
2-24 offered by the MEWA through insurance agents licensed in this State
2-25 and appointed to act as an agent in this State by the company
3-1 issuing the reinsurance treaty, contract or agreement to the MEWA.
3-2 A MEWA having a group master policy of insurance issued to it or
3-3 entering into a reinsurance treaty, contract or agreement in
3-4 accordance with this subparagraph shall be considered able to pay
3-5 benefits in full when due."