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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the consumer complaint review |
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panel by the State Office of Administrative Hearings to conduct |
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certain insurance appeals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2003, Government Code, is amended by |
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adding Subchapter E to read as follows: |
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SUBCHAPTER E. INSURANCE APPEALS |
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Sec. 2003.151. DEFINITIONS. In this subchapter: |
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(1) "Department" means the Texas Department of |
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Insurance. |
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(2) "Panel" means the consumer complaint review panel |
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established under this subchapter. |
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Sec. 2003.152. CONSUMER COMPLAINT REVIEW PANEL. (a) The |
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office shall establish a consumer complaint review panel to conduct |
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an appeal from the complaint resolution program established under |
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Chapter 521, Insurance Code, of a policyholder complaint: |
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(1) that is denied by the department; |
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(2) that is determined to be without merit by the |
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department; or |
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(3) for which the department did not confirm receipt |
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of the complaint. |
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(b) Except as provided by this subchapter, an appeal under |
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this section is a contested case under Chapter 2001. |
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Sec. 2003.152. TIMELINESS OF APPEAL. (a) The panel shall |
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conduct all appeals under this subchapter in a timely manner. |
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(b) The panel shall use every reasonable means to expedite |
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an appeal under this subchapter when the policyholder or department |
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provides good cause that the panel expedite the appeal. |
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Sec. 2003.153. CONFIDENTIALITY OF INFORMATION. (a) The |
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panel shall keep information that identifies a policyholder who |
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participates in an appeal under this subchapter confidential, |
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including the policyholder's name and medical condition, if |
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applicable. |
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(b) The provision of information to the panel that is |
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confidential under any law does not affect the confidentiality of |
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the information, and the panel shall maintain that confidentiality. |
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(c) An appeal conducted under this subchapter is |
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confidential and not open to the public. |
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Sec. 2003.154. DECISION. The panel shall determine whether |
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an appeal conducted under this subchapter has merit and if so, |
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remand the case to the department for resolution. |
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Sec. 2003.155. RULES. The commissioner of insurance may |
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adopt rules necessary to implement this subchapter. |
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SECTION 2. Not later than January 1, 2020, the State |
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Office |
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of Administrative Hearings shall establish the consumer complaint |
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review panel under Section 2003.152, Government Code, as added by |
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this Act. |
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SECTION 3. This Act takes effect September 1, 2019. |