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Commissioner's Bulletin # B-0042-08

July 24, 2008

To: All insurers licensed to write life and accident and health insurance, health maintenance organizations, workers' compensation carriers, agents, third party administrators, utilization review agents, premium finance companies and all mewas licensed in texas

Re: Hurricane Dolly - State of Emergency- Natural Disaster - Prescription Medication Coverages for Disaster Victims or Evacuees

On July 22, 2008, Governor Rick Perry issued a proclamation declaring a disaster due to the effects of Tropical Storm Dolly, certifying that Tropical Storm Dolly poses a threat of imminent disaster to Aransas, Bexar, Brooks, Calhoun, Cameron, Hidalgo, Jim Wells, Kenedy, Kleberg, Nueces, Refugio, San Patricio, Victoria and Willacy counties beginning July 22, 2008, and directing that all necessary measures both public and private as authorized under §418.017 of the Texas Government Code be implemented to meet that threat. The proclamation also states that, as provided in §418.016 of the Texas Government Code, all rules and regulations that may inhibit or prevent prompt response to this threat are suspended for the duration of the incident.

Tropical Storm Dolly made landfall as a Category 2 hurricane. With the possible relocation of hurricane victims and other personal hardships sustained by residents of Aransas, Bexar, Brooks, Calhoun, Cameron, Hidalgo, Jim Wells, Kenedy, Kleberg, Nueces, Refugio, San Patricio, Victoria and Willacy counties, regardless of where those residents have temporarily relocated, many insureds and enrollees will be away from their residence locations and health care service areas. Subject to oversight by the Texas State Board of Pharmacy, it is the opinion of the Texas Department of Insurance that all health insurers and health maintenance organizations that provide prescription medication coverage as a part of any policy or certificate or evidence of coverage should, through the duration of the Governor's disaster proclamation, authorize payment to pharmacies for up to a ninety day supply of any prescription medication for individuals regardless of the date upon which the prescription had most recently been filled.

Questions regarding this bulletin may be directed to the following:

Life/Health Division at (512) 322-3409 or e-mail: life_health@tdi.state.tx.us

Health and WC Network Certification & QA Division at (512) 322-4266 or e-mail: hmogrp@tdi.state.tx.us

Mike Geeslin

Commissioner of Insurance

For more information contact:

Last updated: 09/15/2014

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