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COMMISSIONER'S BULLETIN # B-0061-08

September 14, 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 Ike - State of Emergency - Natural Disaster - Prescription Medication Coverages for Disaster Victims or Evacuees

On September 8, 2008, Governor Rick Perry issued a proclamation declaring that Hurricane Ike poses a threat of imminent disaster along the Texas Coast and in numerous counties including Angelina, Austin, Brazoria, Brazos, Chambers, Cherokee, Fort Bend, Galveston, Gregg, Hardin, Harris, Jasper, Jefferson, Liberty, Matagorda, Montgomery, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Trinity, Tyler, Walker, Waller, and Wharton counties beginning September 7, 2008 and continuing, 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 disaster. On September 12, 2008, Governor Rick Perry issued an amendment to his September 7, 2008 proclamation, declaring that additional counties including Grimes, Houston, Madison, Rusk, and Washington counties are under imminent threat of disaster as a result of Hurricane Ike.

On September 13, 2008, President George Bush issued a major disaster declaration for the state of Texas and ordered federal aid to supplement state, local and tribal recovery efforts in the area struck by Hurricane Ike beginning on September 7, 2008, and continuing. The President's action makes federal funding available to affected individuals in the counties of Angelina, Austin, Brazoria, Chambers, Cherokee, Fort Bend, Galveston, Grimes, Hardin, Harris, Houston, Jasper, Jefferson, Liberty, Madison, Matagorda, Montgomery, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Trinity, Tyler, Walker, Waller, and Washington.

With the possible relocation of hurricane victims and other personal hardships sustained by residents in the counties of Angelina, Austin, Brazoria, Brazos, Chambers, Cherokee, Fort Bend, Galveston, Gregg, Grimes, Hardin, Harris, Houston, Jasper, Jefferson, Liberty, Madison, Matagorda, Montgomery, Nacogdoches, Newton, Orange, Polk, Rusk, Sabine, San Augustine, San Jacinto, Trinity, Tyler, Walker, Waller, Washington, and Wharton 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



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Last updated: 09/07/2014

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