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78R4819 KCR-D

By:  Davis of Dallas                                              H.B. No. 881


A BILL TO BE ENTITLED
AN ACT
relating to a prompt acceptance or denial of a claim for benefits under a disability insurance policy. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 21.55, Insurance Code, is amended by adding Section 9 to read as follows: Sec. 9. DETERMINATION OF ELIGIBILITY TO RECEIVE BENEFITS UNDER DISABILITY INSURANCE POLICY. This article does not apply to a determination of a claimant's eligibility to receive disability insurance benefit payments under the terms of a disability insurance policy. SECTION 2. Subchapter E, Chapter 21, Insurance Code, is amended by adding Article 21.55A to read as follows: Art. 21.55A. PROMPT ACCEPTANCE OR DENIAL OF CLAIM FOR BENEFITS MADE UNDER DISABILITY INSURANCE POLICY Sec. 1. DEFINITIONS. In this article: (1) "Claim for benefits" means a claim made by a policyholder that the policyholder is eligible to receive disability insurance benefit payments under the terms of a disability insurance policy. (2) "Claimant" means a person making a claim for benefits. (3) "Insurer" means any insurer authorized to issue disability insurance policies or to engage in the business of disability insurance in this state, including: (A) an insurance company authorized to engage in the business of life, health, or accident insurance in this state; (B) a domestic or foreign fraternal benefit society; (C) a mutual life insurance company; (D) a local mutual aid association; (E) a statewide mutual assessment company, mutual assessment company, or mutual assessment life, health, and accident association; (F) a mutual insurance company writing policies other than life insurance; (G) a Lloyd's plan; (H) a reciprocal or interinsurance exchange; and (I) a stipulated premium insurance company. (4) "Notice of claim for benefits" means any notification in writing to an insurer that reasonably apprises the insurer of the facts relating to or the existence of a claim for benefits. Sec. 2. NOTICE OF CLAIM FOR BENEFITS. (a) An insurer shall, not later than the 10th calendar day after receipt of a notice of claim for benefits: (1) acknowledge receipt of the claim for benefits; (2) commence a determination of the claimant's eligibility to receive disability insurance benefit payments under the terms of the disability insurance policy; and (3) request from the claimant all items, statements, and forms that the insurer reasonably believes will be required from the claimant to make a determination of the claimant's eligibility to receive disability insurance benefit payments under the terms of the disability insurance policy. (b) If the acknowledgment of a claim for benefits is not made in writing, an insurer shall make a record of the date, means, and content of the acknowledgment. Sec. 3. ACCEPTANCE OR DENIAL OF CLAIM FOR BENEFITS. (a) Except as provided by Subsection (b) of this section, an insurer shall notify a claimant in writing of the insurer's acceptance or denial of a claim for benefits not later than the 30th calendar day after the date the insurer receives from the claimant all items, statements, and forms requested by the insurer to make a determination of the claimant's eligibility. (b) An insurer shall notify a claimant not later than the date specified under Subsection (a) of this section if the insurer is unable to accept or deny a claim for benefits within the period specified under Subsection (a). (c) Not later than the 15th calendar day after the date an insurer notifies a claimant under Subsection (b) of this section, the insurer shall: (1) accept or deny a claim for benefits; and (2) notify a claimant in writing of the insurer's acceptance or denial of the claim for benefits. (d) If an insurer denies a claimant's claim for benefits, the notice required by Subsection (a) or (c) of this section must state the reason for the denial of the claim for benefits in clear and unambiguous language. (e) To contest an insurer's denial of a claim for benefits, the claimant must send a written response to the insurer not later than the 30th calendar day after the date the claimant receives the notice sent by the insurer under Subsection (a) or (c) of this section. Sec. 4. PAYMENT OF CLAIM FOR BENEFITS. An insurer shall make the first benefit payment not later than the fifth business day after the notice of acceptance of a claim for benefits sent under Section 3 of this article is mailed to a claimant. Sec. 5. REMEDIES. A violation of this article is an unfair method of competition or deceptive act or practice in the business of insurance for purposes of Article 21.21 of this code and an unfair settlement practice for purposes of Article 21.21-2 of this code. SECTION 3. This Act takes effect September 1, 2003, and applies only to a claim for benefits under a disability insurance policy made on or after January 1, 2004. A claim for benefits under a disability insurance policy made before January 1, 2004, is governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.