By Duncan                                             H.B. No. 2915
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  to amend Article 3.42, Texas Insurance Code, relating to approval
    1-3  and use of life, health and accident insurance policy forms.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 3.42, Insurance Code, is amended to read
    1-6  as follows:
    1-7  Art. 3.42.  Policy Form Approval
    1-8        (a)  No policy, contract or certificate of life, term or
    1-9  endowment insurance, group life or term insurance, industrial life
   1-10  insurance, accident or health insurance, group accident or health
   1-11  insurance, hospitalization insurance, group hospitalization
   1-12  insurance, medical or surgical insurance, group medical or surgical
   1-13  insurance, or fraternal benefit insurance, and no annuity or pure
   1-14  endowment contract or group annuity contract, shall be delivered,
   1-15  issued or used in this state by a life, accident, health or
   1-16  casualty insurance company, a mutual life insurance company, mutual
   1-17  insurance company other than life, mutual or natural premium life
   1-18  insurance company, general casualty company, Lloyds, reciprocal or
   1-19  interinsurance exchange, fraternal benefit society, group
   1-20  hospitalization service or any other insurer, unless the form of
   1-21  said policy, contract or certificate has been filed with the
   1-22  Department <State Board of Insurance> as provided in Paragraph (c)
   1-23  of this Article.  Provided, however, that this Article shall not
    2-1  apply to any society, company or other insurer whose activities are
    2-2  by statute exempt from the control of the Department <State Board
    2-3  of Insurance> and which is entitled by statute to an exemption
    2-4  certificate from said Department <Board> in evidence of its exempt
    2-5  status; provided, further, that this Act shall not be construed to
    2-6  enlarge the powers of any of the insurers subject to this Article.
    2-7        (b)  No application form which is required to be or is
    2-8  attached to the policy, contract or certificate, and no rider or
    2-9  endorsement to be attached to, printed upon or used in connection
   2-10  with any policy, contract or certificate described in Paragraph (a)
   2-11  of this Article shall be delivered, issued or used in this state by
   2-12  any insurer described in Paragraph (a) of this Article unless the
   2-13  form of said application, rider or endorsement has been filed with
   2-14  the Department <State Board of Insurance> as provided in Paragraph
   2-15  (c) of this Article.  Each individual accident and sickness policy
   2-16  application form, which is required to be or is attached to the
   2-17  policy, shall comply with the rules and regulations of the
   2-18  Department <Board> promulgated pursuant to Subchapter G of this
   2-19  chapter.  Provided, however, that this Article shall not apply to
   2-20  riders or endorsements which relate to the manner of distribution
   2-21  of benefits or to the reservation of rights and benefits under such
   2-22  policies, contracts and certificates, and which are used at the
   2-23  request of the holder of the policy, contract or certificate.
   2-24        (c)(1)  Every such filing <hereby> required in paragraphs (a)
   2-25  and (b) hereof shall be made prior to any such issuance, delivery
    3-1  or use of such form, contract or policy.  The insurer may
    3-2  immediately issue, delivery and use such form, contract or policy
    3-3  upon such filing, provided such filing shall be accompanied by a
    3-4  certification on behalf of the filing insurer, signed by either an
    3-5  attorney licensed to practice law in this state, an actuary
    3-6  familiar with the requirements of this Code and the applicable
    3-7  rules and regulations adopted pursuant thereto, or the chief
    3-8  executive officer of such filing insurer.  Such certification must
    3-9  affirm that it is on behalf of the insurer, that the insurer is
   3-10  bound thereby, that the person certifying has reviewed the filing,
   3-11  and that, based upon that person's best knowledge, information, and
   3-12  belief, such filed form, contract, or policy complies in all
   3-13  respects with the provisions of this Code and the adopted rules and
   3-14  regulations that are applicable to such policy, contract,
   3-15  certificate, application, rider, endorsement, or other form being
   3-16  filed.  At the expiration of sixty days after receipt of such filed
   3-17  form, contract or policy by the Department <State Board of
   3-18  Insurance>, such form, contract or policy shall be deemed approved
   3-19  by the Department <State Board of Insurance> unless prior thereto
   3-20  it has been affirmatively either approved or disapproved by the
   3-21  written order of the Department <Board>, or the insurer has
   3-22  requested in writing that the deemer be extended for an additional
   3-23  period of time<,> not to exceed thirty <sixty> days.  At the
   3-24  expiration of such extended period such form shall be deemed
   3-25  approved unless it has been affirmatively either approved or
    4-1  disapproved prior thereto.  The request for extension shall be
    4-2  considered granted upon being received by the Department <State
    4-3  Board of Insurance>. If such policy, contract or form is
    4-4  affirmatively disapproved by the Department <Board>, the insurer,
    4-5  upon receiving written notice thereof, shall immediately cease
    4-6  issuing or using such policy, contract or form.  If any such filed
    4-7  contract, policy or form is used, issued, or delivered prior to
    4-8  either affirmative or statutory deemer approval, and if corrections
    4-9  are required to be made before approval is obtained in order to
   4-10  bring the contract, policy or form into complete compliance with
   4-11  the provisions of this Code<,> and the applicable rules of the
   4-12  Department <State Board of Insurance>, the Commissioner, at his
   4-13  discretion, may order the insurer either to reissue a corrected
   4-14  contract, policy or form to replace the one previously issued,
   4-15  delivered, or used, or to amend and correct it by endorsement or
   4-16  rider.  If a contract, policy or form is disapproved or approval is
   4-17  withdrawn under the provisions of Section (f) of this Article, the
   4-18  Commissioner may, at his discretion, order a similar replacement or
   4-19  amendment to correct the original contract, policy or form.  In the
   4-20  event it is determined after notice and opportunity for hearing
   4-21  that Texas insureds have been financially damaged by the use of a
   4-22  contract, policy or form filed and used under this subsection
   4-23  (c)(1), but which has not been approved as provided herein, and
   4-24  which <that> does not comply with this Code and applicable rules of
   4-25  the Department <State Board of Insurance>, and if it is determined
    5-1  by the Commissioner that the insurer intentionally used and issued
    5-2  such contract, policy or form with knowledge that it did not comply
    5-3  with this Code or such applicable rules, the Commissioner <of
    5-4  Insurance> may order the insurer to make complete restitution to
    5-5  such financially damaged insureds in such form and amount and
    5-6  within such time period as determined by the Commissioner.  This
    5-7  section shall not be construed to be in derogation or to in any way
    5-8  limit the applicability of any otherwise applicable statute, but
    5-9  the Commissioner may not impose any other sanctions or penalties on
   5-10  any insurer for the issuance of any such form, policy or contract
   5-11  filed hereunder except as specifically provided in this paragraph.
   5-12              (2)  In lieu of and as and alternative to such filing
   5-13  being accompanied by such certification as required in Paragraph
   5-14  (1) above, any such filing required hereby shall be made no less
   5-15  than sixty days in advance of any such issuance, delivery, or use
   5-16  of such form, and at the expiration of sixty days the form so filed
   5-17  shall be deemed approved by the Department <State Board of
   5-18  Insurance> unless prior thereto it has been affirmatively approved
   5-19  or disapproved by the written order of said Department <Board>.
   5-20  Approval of any such form by such Department <Board> shall
   5-21  constitute a waiver of any unexpired portion of the waiting period,
   5-22  or periods, herein provided.
   5-23              (3)  Those filed policies, contracts or forms which are
   5-24  subject to either Section 11, Article 3.28, or Section 9, Article
   5-25  3.44a of this Code, may be filed and used in accordance with
    6-1  Paragraph (1) above, but such filed policies, contracts or forms
    6-2  shall not be deemed to be approved by the expiration of the sixty
    6-3  days provided for in either Paragraph (1) or (2) hereof, and such
    6-4  policies, contracts or forms must be either affirmatively approved
    6-5  or disapproved by the Department <Board> under this Article within
    6-6  such sixty days.  The insurer may request once in writing that such
    6-7  sixty-day period be extended for an additional sixty days, which
    6-8  request shall be considered granted upon being received by the
    6-9  Department <State Board of Insurance>.  At the expiration of such
   6-10  additional extended period, such filed policy, contract or form
   6-11  shall be deemed approved, unless it has been affirmatively either
   6-12  approved or disapproved prior thereto.
   6-13              (4)  The Department <State Board of Insurance> shall
   6-14  charge and receive the following fees in an amount to be determined
   6-15  by the Department <Board> not to exceed the following:
   6-16                          (i)  for a filing of policy forms,
   6-17  amendments, endorsements, and riders filed for review under this
   6-18  Article, unless exempted pursuant to Section (e) of this Article,
   6-19  $200.00; and
   6-20                          (ii)  for a filing of policy forms,
   6-21  amendments, endorsements, and riders, exempted from review pursuant
   6-22  to Section (e) of this Article, $100.00.
   6-23        The Department <Board> shall, within the limits fixed by this
   6-24  subsection, prescribe the fees to be charged under this subsection.
   6-25  Fees collected under this subsection shall be deposited in the
    7-1  State Treasury to the credit of the Department <State Board of
    7-2  Insurance> operating fund.
    7-3        (d)  The order of the Department <State Board of Insurance>
    7-4  disapproving any such form or withdrawing a previous approval shall
    7-5  state the specific grounds for such disapproval or withdrawal.
    7-6        (e)  The Department <State Board of Insurance> may, by
    7-7  written order, exempt from the requirements of this Article for so
    7-8  long as it deems proper, any insurance document or form specified
    7-9  in such order, to which in its opinion either (i) this Article may
   7-10  not practically be applied, (ii) the form's preparation, use, and
   7-11  meaning have become routine or commonplace, or (iii) the filing and
   7-12  approval of such form or document are, in is opinion, not
   7-13  desirable, appropriate, required, or necessary for the protection
   7-14  of the public.  Additionally, the Department <State Board of
   7-15  Insurance> may, after notice and hearing, adopt reasonable rules
   7-16  and amendments to rules that are necessary for it to establish
   7-17  guidelines, procedures, methods, standards, and criteria by which
   7-18  the various and different types of forms and documents submitted to
   7-19  the Department <Board> are to be reviewed, <and> approved and
   7-20  exempted by the Department <Board> as being in compliance with this
   7-21  article, and to provide those guidelines, procedures, methods,
   7-22  standards, and criteria by which a summary review and approval may
   7-23  be given to those particular types of forms and documents
   7-24  designated by the Department <Board> that, in its opinion, will
   7-25  expedite the review and approval process of those forms and
    8-1  documents.
    8-2        (f)  The Department <State Board of Insurance> may disapprove
    8-3  any such form, or, after notice and hearing, may withdraw any
    8-4  previous approval thereto if, and only if,
    8-5              (1)  It is in any respect in violation of or does not
    8-6  comply with this Code or any valid rule relating thereto duly
    8-7  adopted by the Department <State Board of Insurance>, or is
    8-8  otherwise contrary to law; or
    8-9              (2)  It contains provisions or has any titles or
   8-10  headings which are unjust, encourage misrepresentation or are
   8-11  deceptive.
   8-12        Provided, however, that if any such form has been on file
   8-13  with the Department for at least 180 days and has been previously
   8-14  approved, deemed approved or exempted from such approval as
   8-15  provided for in this article, the Department may withdraw any such
   8-16  previous approval or exemption thereof only if such form is in
   8-17  violation of or does not comply with specific requirements of this
   8-18  Code or any valid adopted rule relating thereto, and the Department
   8-19  may not impose any sanctions or penalties upon the insurer for its
   8-20  use of such form during the period prior to such withdrawal.
   8-21        (g)(1)  The Department <Board> may, after notice and hearing,
   8-22  withdraw any previous approval of an individual accident and
   8-23  sickness insurance policy form if, after consideration of all
   8-24  relevant facts, the Department <Board> finds that the benefits
   8-25  provided under such policy form are unreasonable in relation to the
    9-1  premium charged, or the reserve required by Article 6.01 of this
    9-2  code is not maintained by the insurer on the policies issued upon
    9-3  such policy form.  The Department <Board> shall from time to time
    9-4  as conditions warrant, and after notice and hearing, promulgate
    9-5  such reasonable rules and regulations and amendments thereto as are
    9-6  necessary to establish the standard or standards by which any
    9-7  previous approval of such <a> policy form may be withdrawn.  Any
    9-8  such rule or regulation shall be promulgated in accordance with
    9-9  Section 10, Chapter 397, Acts of the 54th Legislature, 1955
   9-10  (Article 3.70-10, Vernon's Texas Insurance Code).  Nothing in this
   9-11  section shall be construed as granting the Department <State Board
   9-12  of Insurance> any power or authority to determine, fix, prescribe,
   9-13  approve or promulgate the rates to be charged for any individual
   9-14  accident and sickness insurance policy or policies.
   9-15              (2)  The Department <Board> shall require the filing of
   9-16  all rates to be charged for individual accident and sickness
   9-17  policies and may adopt necessary forms to be filed by insurers in
   9-18  conjunction with the annual statement required under Articles 3.07
   9-19  and 3.20 of this code for reporting the experience on all
   9-20  individual accident and sickness insurance policy forms issued by
   9-21  the insurer so as to determine compliance with paragraph (g)
   9-22  <Subsection> (1) of this section.
   9-23        (h)  Appeals from any order of the Department <State Board of
   9-24  Insurance> issued under this Article may be taken into the District
   9-25  Court of Travis County, Texas, in accordance with Article 1.04
   10-1  <21.80> of this code, or any amendment thereof.
   10-2        (i)  No policy, contract, or certificate filed pursuant to
   10-3  this article that contains a coordination of benefits provision may
   10-4  be approved for use in this state unless it also provides the order
   10-5  of benefit determination for insured dependent children.  An order
   10-6  of benefits determination provision may not be approved unless it
   10-7  complies with the standards specified in Section (f) of this
   10-8  article.  The Department <State Board of Insurance> is authorized
   10-9  to promulgate and may order such provision as is necessary in the
  10-10  accomplishment of the purpose of this section.
  10-11        (j)  The Department <State Board of Insurance> is hereby
  10-12  authorized to adopt such reasonable rules and regulations as are
  10-13  necessary and within the standards and purposes hereof to implement
  10-14  and accomplish the specific provisions of this Article.
  10-15        (k)  The department shall develop and implement rules to
  10-16  improve procedures for approval of policy forms under this article.
  10-17        SECTION 2.  The importance of this legislation and the
  10-18  crowded condition of the calendars in both houses create an
  10-19  emergency and an imperative public necessity that the
  10-20  constitutional rule requiring bills to be read on three several
  10-21  days in each house be suspended, and this rule is hereby suspended.