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You are here: Home . rules . 2003 . 1216a-059
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Subchapter A. Examination and Financial Analysis

28 TAC §7.66

The Commissioner of Insurance adopts new §7.66 concerning 2003 annual and quarterly statement blanks, other reporting forms, electronic data filings with the National Association of Insurance Commissioners (NAIC) via the Internet and instructions to be used by insurers and certain other entities regulated by the Texas Department of Insurance when reporting their financial condition and business operations and activities of the 2003 calendar year. The new section is adopted without changes to the proposed text as published in the October 31, 2003 issue of the Texas Register (28 TexReg 9389) and will not be republished.

The new section is necessary to adopt the reporting forms and instructions to be used by insurers and certain other entities regulated by the department when reporting their financial condition and business operations and activities during 2003 and the requirement to file such completed statement blanks and other reporting forms, including diskettes or electronic filings with the NAIC via the Internet. The annual and quarterly statement blanks, other reporting forms, and diskettes or electronic filings with the NAIC via the Internet are required by statute for reporting the financial condition and business operations and activities conducted during the 2003 calendar year. The information provided is necessary for the department to monitor the solvency, business activities and statutory compliance of the insurers and other entities regulated by the department. Most of the forms adopted by the section have been promulgated by the NAIC and are used by other state insurance regulators. The use of these forms promotes uniformity and efficiency in the regulation of insurance companies and other entities regulated by the department. These forms are reviewed each year to assure that the information required to complete the form is necessary for the department to perform its duties.

The new section defines terms relevant to the statement blanks and reporting forms; provides the dates by which certain reports are to be filed; and adopts by reference the NAIC 2003 annual and 2003 quarterly statement blanks, other reporting forms and instructions for reporting the financial condition and business operations and activities; and requires insurance companies and certain other regulated entities to file such annual and quarterly statements and other reporting forms with the department and/or the NAIC as directed. The required documents will provide financial information to the public and regulatory agencies, and will be used by the department to monitor the financial condition of insurers and other regulated entities licensed in Texas to assure financial solvency and compliance with applicable laws and accounting requirements.

No comments were received.

The new section is adopted under the Insurance Code §§802.001-802.003 and 802.051-802.056 (formerly Article 1.11), which authorize the commissioner to make changes in the forms of the annual statements required of insurance companies of any kind, as shall seem best adapted to elicit a true exhibit of their condition and methods of transacting business, and require certain insurers to make filings with the National Association of Insurance Commissioners; articles 3.77, 9.22, 9.47, 21.49, 21.54, and §§841.225 (formerly Article 3.07), 842.003, 842.052, 842.101, 842.201, 842.202, 842.253 (formerly Article 20.02), 843.151 (formerly Article 20A.22), 843.155 (formerly Article 20A.10), 861.254, 861.255 (formerly articles 8.07, 8.08, 8.21), 862.001, 862.003 (formerly articles 6.11, 6.12), 882.001 (formerly Article 11.19), 882.003 (formerly Article 11.06), 883.001, 883.002, 883.204, 883.205 (formerly Article 15.15), 883.002 (formerly Article 15.16), 884.256 (formerly Article 22.06), 885.311, 885.401, 885.403-885.406, 885.414 (formerly Article 10.30), 887.004, 887.009 (formerly Article 14.39), 887.060, 887.064, 887.303, 887.401-887.407 (formerly Article 14.15), 911.001, 911.101 (formerly Article 16.24), 911.304 (formerly Article 16.18), 912.002 (formerly Article 17.22), 912.001, 912.059, 912.151, 912.152, 912.154, 912.156, 912.157, 912.201-912.203, 912.251-912.253, 912.301, 912.305, 912.306, 912.751-912.753, 912.801-912.804 (formerly Article 17.25), 941.252 (formerly Article 18.12), 942.201, 942.202 (formerly Article 19.08), 961.002 (formerly Article 23.26), 961.003, 961.052, 961.101, 961.202, 961.205 (formerly Article 23.02), 982.004, 982.251-982.254 (formerly Article 3.27-2), 982.004, 982.101, 982.103 (formerly Article 3.20-1), 984.001, 984.002, 984.051, 984.052, 984.101-984.103, 984.151-984.153, 984.201-984.204 (formerly Article 8.24), which require the filing of financial reports and other information by insurers and other regulated entities, and specify particular rulemaking authority of the c omm issioner relating to those insurers and other regulated entities; §§982.001, 982.002, 982.004, 982.052, 982.102-982.104, 982.106, 982.108, 982.110-982.112, 982.201-982.204, 982.251-982.255, 982.302-982.306 (formerly Article 21.43), which provide the conditions under which foreign insurers are permitted to do business in this state and requires foreign insurers to comply with the provisions of the Insurance Code; §§844.001-844.005, 844.051-844.054, 844.101 (formerly Article 21.52F), which authorize the commissioner to adopt rules to implement the regulation of nonprofit health corporations holding a certificate of authority under Insurance Code, Title 2, Chapter 844; Article 21.39, which requires insurers to establish adequate reserves and provides for the adoption of each current formula for establishing reserves applicable to each line of insurance; §32.041 which requires the department to furnish the statement blanks and other reporting forms necessary for companies to comply with the filing requirements; and §36.001 which provides that the commissioner may adopt any rules necessary and appropriate to implement the powers and duties of the Texas Department of Insurance under the Insurance Code and other laws of this state.

§7.66. Requirements for Filing the 2003 NAIC Quarterly and 2003 NAIC Annual Statements, Other Reporting Forms, and Electronic Data Filings with the NAIC.

(a) Scope. This section provides insurers and other regulated entities with the requirements for the 2003 quarterly statements, 2003 annual statement, other reporting forms, and electronic data filings with the National Association of Insurance Commissioners (NAIC) necessary to report information concerning the financial condition and business operations and activities of insurers. This section applies to all insurers and other regulated entities authorized to do the business of insurance in this state and includes, but is not limited to, life insurers; accident insurers; life and accident insurers; life and health insurers; accident and health insurers; life, accident and health insurers; mutual life insurers; stipulated premium insurers; group hospital service corporations; fire insurers; fire and marine insurers; U.S. Branch of an alien insurer; Mexican casualty insurers; general casualty insurers; fire and casualty insurers; mutual insurers other than life; statewide mutual assessment companies; local mutual aid associations; mutual burial associations; exempt associations; county mutual insurers; Lloyd's plans; reciprocal and inter-insurance exchanges; domestic risk retention groups; domestic joint underwriting associations; title insurers; fraternal benefit societies; farm mutual insurers; health maintenance organizations; nonprofit health corporations; nonprofit legal services corporations; the Texas Health Insurance Risk Pool; the Texas Mutual Insurance Company (successor to the Texas Workers´ Compensation Insurance Fund); and the Texas Windstorm Insurance Association. The commissioner adopts by reference, the 2003 NAIC quarterly statement blanks, the 2003 NAIC annual statement blanks, the related instruction manuals, and other supplemental reporting forms specified in this section. The NAIC annual and quarterly statement blanks and other NAIC supplemental reporting forms can be produced as part of the software available from vendors and the Texas-only forms are available from the Texas De partmen t of Insurance, Financial Analysis and Examinations Activity, Mail Code 303-1A, P. O. Box 149099, Austin, Texas 78714-9099. Insurers and other regulated entities shall properly report to the department and the NAIC by completing the appropriate annual and quarterly statement blanks, prepared with laser quality print (hand written copies must be prepared legibly using black ink), other reporting forms, and electronic data filings with the NAIC following the applicable specifications.

(b) Definitions. The following words and terms, when used in this section, shall have the following meanings:

(1) Commissioner - The commissioner of insurance appointed under the Texas Insurance Code.

(2) Department - The Texas Department of Insurance.

(3) Texas edition - Blanks and forms promulgated by the commissioner.

(c) Conflicts with other laws. In the event of a conflict between the Insurance Code, any currently existing departmental rule, form, instructions, or any specific requirement of this section and the NAIC instructions listed in this section, then and in that event, the Insurance Code, the department's promulgated rule, form, instruction, or the specific requirement of subsections of this section shall take precedence and in all respects control.

(d) Filing requirements for life, accident and health insurers. Each life, life and accident, life and health, accident, accident and health, mutual life, or life, accident and health insurance company, stipulated premium insurance company, group hospital service corporation and the Texas Health Insurance Risk Pool shall complete and file the blanks, forms, or electronic data filings as directed in this subsection. This subsection does not apply to entities licensed as health maintenance organizations under Insurance Code Chapter 843. Insurers described in this subsection and engaged in business authorized under Insurance Code Chapter 843 may have additional reporting requirements under subsection (h) of this section. Insurers described under this subsection that wrote direct health premiums for the calendar year ending December 31, 2002 may elect to file on the NAIC Health statement blank for the three quarters of 2003 and the calendar year 2003 if the insurer wrote 100% of "health premiums" as the lines of business defined in the 2003 NAIC Health Annual Statement Instructions. If a reporting entity qualifies under this subsection to use the health annual statement, it must continue to use that annual statement for a minimum of three years or obtain written approval from the department to change to another type of annual statement. Insurers filing the NAIC Life, Accident and Health blank and the related NAIC supplemental forms and reports identified in these subsections shall complete filings in accordance with the 2003 NAIC Annual Statement Instructions, Life, Accident and Health. Life insurers meeting the test set forth in this subsection to file the NAIC Health blank and the related NAIC supplemental forms and reports identified in these subsections shall complete filings in accordance with the 2003 NAIC Health Annual Statement Instructions. The electronic filings of these forms or reports with the NAIC shall be in accordance with the NAIC data specifications and instructions for electronic fi lin g and shall include PDF format filing. The filings for insurers described in this subsection are as follows:

(1) Domestic insurer reports and forms in paper copy to be filed with the department and the NAIC as follows:

(A) 2003 NAIC Life, Accident and Health Annual Statement due on or before March 1, 2004 (stipulated premium insurance companies, April 1, 2004);

(B) 2003 NAIC Life, Accident and Health Annual Statement of the Separate Accounts for the 2003 calendar year (required of companies maintaining separate accounts), due on or before March 1, 2004 ;

(C) 2003 NAIC Life, Accident and Health Quarterly Statements, due on or before May 15, August 15, and November 15, 2003. However, a Texas stipulated premium insurance company, unless specifically requested to do so by the department, is not required to file quarterly statements with the department or the NAIC if it meets all three of the following conditions:

(i) it is authorized to write only life insurance on its certificate of authority;

(ii) it collected premiums in the prior calendar year of less than $1 million; and

(iii) it had a profit from operations in the prior two calendar years.

(D) 2003 Health Annual Statement, due on or before March 1, 2004 if the company qualifies as described in this subsection;

(E) 2003 Health Quarterly Statements, due on or before May 15, August 15, and November 15, 2003 if the company qualifies as described in this subsection;

(F) Management's Discussion and Analysis, due on or before April 1, 2004; and

(G) Statement of Actuarial Opinion, due on or before March 1, 2004, and in accordance with paragraph (4) of this subsection;

(2) Domestic insurer reports and forms to be filed in paper copy only with the department:

(A) Schedule SIS, Stockholder Information Supplement due on or before March 1, 2004. This filing is also required if filing a Health Annual Statement, as applicable;

(B) Supplemental Compensation Exhibit, due on or before March 1, 2004 (stipulated premium companies, April 1, 2004). This filing is also required if filing a Health Annual Statement, as applicable;

(C) The Texas Health Insurance Risk Pool shall file the 2003 NAIC Life, Accident and Health Annual and 2003 NAIC Quarterly Statements as follows:

(i) 2003 NAIC Life, Accident and Health Annual Statement, with only pages 1 - 5, the Notes to Financial Statements on page 19 and Schedule E Part 1 on page E24 to be completed and filed on or before March 1, 2004; and

(ii) 2003 NAIC Life, Accident and Health Quarterly Statement, with only pages 1-5, the notes on page 7 and Schedule E on page E08 to be completed and filed on or before May 15, August 15, and November 15, 2003.

(iii) The Texas Health Insurance Risk Pool is not required to file any reports, diskettes, or electronic data filings with the NAIC.

(D) Texas Overhead Assessment Form (Texas edition), due on or before March 1, 2004 (stipulated premium insurance companies, April 1, 2004);

(E) Statement on non-guaranteed elements-Exhibit 5 Interrogatory #3.2, due on or before March 1, 2004; and

(F) Analysis of Surplus (Texas Edition) for life, accident and health insurers, to be filed on or before March 1, 2004 (stipulated premium insurance companies, April 1, 2004).

(3) Electronic filings by domestic and foreign insurers to be filed with the NAIC:

(A) Affidavit of Filing and Financial Statement Attestation, to be filed with the department by foreign companies filing electronically with the NAIC and not filing paper copy with the department. The statement generally provides that the electronic NAIC filing is an exact and complete duplicate of the statement filed with the reporting entity´s domestic state. This statement is due on the filing date for the quarterly or annual statement.

(B) Annual statement electronic filing, due on or before March 1, 2004 (stipulated premium insurance companies, April 1, 2004);

(C) Quarterly statement electronic filing, due on or before May 15, August 15, and November 15, 2003. A Texas stipulated premium insurance company, unless specifically requested to do so by the department, is not required to file quarterly electronic data filings with the NAIC if it meets all three of the following conditions:

(i) it is authorized to write only life insurance on its certificate of authority;

(ii) it collected premiums in the prior calendar year of less than $1 million; and

(iii) it had a profit from operations in the prior two calendar years;

(D) Accident and Health Policy Experience, due on or before April 1, 2004;

(E) Credit Insurance Experience Exhibit, due on or before April 1, 2004;

(F) Interest Sensitive Life Insurance Products Report, due on or before April 1, 2004;

(G) Investment Risk Interrogatories, due on or before April 1, 2004;

(H) Life, Health, & Annuity Guaranty Assessment Base Reconciliation Exhibit due on or before April 1, 2004;

(I) Life, Health, & Annuity Guaranty Assessment Base Reconciliation Exhibit Adjustment Form, due on or before April 1, 2004;

(J) Long Term Care Experience Reporting Forms, due on or before April 1, 2004;

(K) Long Term Care Experience Exhibit, due on or before March 1, 2004;

(L) Management Discussion & Analysis, due on or before April 1, 2004;

(M) Medicare Supplement Insurance Experience Exhibit, due on or before April 1, 2004;

(N) Risk based capital filing, as applicable, due on or before March 1, 2004;

(O) Statement of Actuarial Opinion, due on or before March 1, 2004;

(P) Trusteed Surplus Statement, due on or before May 15, August 15, November 15, 2003, and March 1, 2004; and

(Q) Workers' Compensation Carve-Out Supplement, due on or before March 1, 2004.

(4) Actuarial opinions required by paragraph (1)(G) of this subsection shall be in accordance with the following:

(A) Unless exempted, the statement of actuarial opinion, attached to either the Life, Accident and Health Annual Statement or the Health Annual Statement, should follow the applicable provisions of §§3.1601-3.1611 of this title (relating to Actuarial Opinion and Memorandum Regulation).

(B) For those companies exempted from §§3.1601-3.1611 of this title, instructions 1-12, established by the NAIC, must be followed.

(C) Any stipulated premium company subject to §§3.1601-3.1611 of this title which does not insure or assume risk on contracts with death benefits, cash value, or accumulation values on any one life in excess of $15,000, except as permitted by Insurance Code Article 22.13, §1(b), is exempt from submission of a statement of actuarial opinion in accordance with §3.1608 of this title (relating to Statement of Actuarial Opinion Based on an Asset Adequacy Analysis), but must submit an actuarial opinion pursuant to §3.1607 of this title (relating to Statement of Actuarial Opinion Not Including an Asset Adequacy Analysis).

(D) Any company required by §3.4505(b)(3)(I) of this title (relating to General Calculation Requirements for Basic Reserves and Premium Deficiency Reserves) to opine on the application of X factors, shall attach this opinion to the Life, Accident and Health Annual Statement or the Health Annual Statement, as applicable.

(5) The commissioner reserves the right to request paper copies of any paper or electronic filings made by foreign companies in their state of domicile or the NAIC.

(6) A foreign insurer that files an application with the department for approval of a policyholder dividend shall file an Analysis of Surplus (Texas Edition) for life, accident and health insurers with the application.

(7) A foreign insurer that is classified as a commercially domiciled insurer under Insurance Code, §823.004 shall file an Analysis of Surplus (Texas Edition) for life, accident and health insurers with the department.

(e) Requirements for property and casualty insurers. Each fire, fire and marine, general casualty, fire and casualty, or U.S. Branch of an alien insurer, county mutual insurance company, mutual insurance company other than life, Lloyd's plan, reciprocal or inter-insurance exchange, domestic risk retention group, life insurance company that is licensed to write workers' compensation, any farm mutual insurance company that filed an NAIC property and casualty annual statement for the 2002 calendar year or had gross written premiums in 2003 in excess of $5,000,000, any Mexican non-life insurer licensed under any article of the Insurance Code other than, or in addition to, Insurance Code §984 (formerly Article 8.24), domestic joint underwriting association, the Texas Mutual Insurance Company (successor to the Texas Workers´ Compensation Insurance Fund) and the Texas Windstorm Insurance Association shall complete and file the following blanks, forms, and diskettes or electronic data filings as directed by this subsection. The forms and reports identified in this subsection shall be completed in accordance with the 2003 NAIC Annual Statement Instructions, Property and Casualty. The electronic filings with the NAIC shall be in accordance with the NAIC data specifications and instructions and shall include PDF format filing, as applicable. The filings for insurers described in this subsection are as follows:

(1) Domestic insurer reports and forms in paper copy to be filed with the department and the NAIC as follows:

(A) 2003 NAIC Property and Casualty Annual Statement, due on or before March 1, 2004;

(B) 2003 NAIC Property and Casualty Quarterly Statements, due on or before May 15, August 15, and November 15, 2003;

(C) 2003 NAIC Combined Property/Casualty Annual Statement, to be filed on or before May 1, 2004. This statement is required only for those affiliated insurers that wrote more than $35 million in direct premiums as a group in calendar year 2003, as disclosed in Schedule T of the Annual Statement(s);

(D) Management's Discussion and Analysis, due on or before April 1, 2004; and

(E) Statement of Actuarial Opinion due on or before March 1, 2004.

(2) Domestic insurer reports and forms to be filed in paper copy only with the department:

(A) Schedule SIS, Stockholder Information Supplement (required of domestic stock companies which have 100 or more stockholders), due on or before March 1, 2004;

(B) Supplemental Compensation Exhibit, due on or before March 1, 2004;

(C) The Texas Windstorm Insurance Association (Insurance Code Article 21.49) shall complete and file only the following:

(i) 2003 NAIC Property and Casualty Annual Statement, to be filed on or before March 1, 2004;

(ii) Property and Casualty Quarterly Statement, to be filed on or before May 15, August 15, and November 15, 2003; and

(iii) Management's Discussion and Analysis, to be filed on or before April 1, 2004.

(iv) The Texas Windstorm Insurance Association is not required to file any reports with the NAIC.

(D) Texas Overhead Assessment Form (Texas edition), due on or before March 1, 2004;

(E) Supplement for County Mutuals (Texas edition) (required of Texas county mutual companies only), due with the 2003 annual statement on or before March 1, 2004;

(F) Texas Supplemental A for County Mutuals (Texas edition) (required of Texas county mutual companies only), due with the annual statement on or before March 1, 2004; and

(G) Analysis of Surplus (Texas Edition) for property and casualty insurers except Texas county mutual companies, to be filed on or before March 1, 2004.

(3) Electronic filings by domestic and foreign insurers filed with the NAIC:

(A) Affidavit of Filing and Financial Statement Attestation, to be filed with the department by foreign companies filing electronically with the NAIC and not filing paper copy with the department. The statement generally provides that the electronic NAIC filing is an exact and complete duplicate of the statement filed with the reporting entity´s domestic state. This statement is due on the filing date for the quarterly or annual statement.

(B) Annual statement electronic filing, due on or before March 1, 2004;

(C) Quarterly statement electronic filing, due on or before May 15, August 15, and November 15, 2003;

(D) Accident and Health Policy Experience, due on or before April 1, 2004;

(E) Credit Insurance Experience Exhibit, due on or before April 1, 2004;

(F) Investment Risk Interrogatories, due on or before April 1, 2004;

(G) Financial Guaranty Insurance Exhibit, due on or before March 1, 2004;

(H) Insurance Expense Exhibit, due on or before April 1, 2004;

(I) Long Term Care Experience Reporting Forms, due on or before April 1, 2004;

(J) Management Discussion & Analysis, due on or before April 4, 2004;

(K) Medicare Supplement Insurance Expense Exhibit, due on or before March 1, 2004;

(L) Risk Based Capital filing, as applicable, due on or before March 1, 2004;

(M) Statement of Actuarial Opinion, due on or before March 1, 2004;

(N) Supplement A to Schedule T, due on or before March 1, May 15, November 15, 2003, and March 1, 2004;

(O) Trusteed Surplus Statement, due on or before May 15, August 15, November 15, 2003, and March 1, 2004; and

(P) Electronic format combined annual statement, due on or before May 1, 2004.

(4) The commissioner reserves the right to request paper copies of any paper or electronic filings made by foreign companies in their state of domicile or the NAIC.

(5) A foreign insurer that files an application with the department for approval of a policyholder dividend shall file an Analysis of Surplus (Texas Edition) for property and casualty insurers with the application.

(6) A foreign insurer that is classified as a commercially domiciled insurer under Insurance Code, §823.004 shall file an Analysis of Surplus (Texas Edition) for property and casualty insurers with the department.

(f) Requirements for fraternal benefit societies. Each fraternal benefit society shall complete and file the following blanks, forms, and electronic data filings for the 2003 calendar year and the three quarters for the 2003 calendar year. The forms and reports identified in this subsection shall be completed in accordance with the 2003 NAIC Annual Statement Instructions, Fraternal. The electronic data filings with the NAIC shall be in accordance with the NAIC data specifications and instructions and shall include PDF format filing. The filings for insurers described in this subsection are as follows:

(1) Domestic insurer reports and forms in paper copy to be filed with the department and the NAIC as follows:

(A) 2003 NAIC Fraternal Annual Statement, due on or before March 1, 2004;

(B) 2003 NAIC Fraternal Annual Statement of the Separate Accounts (required of companies maintaining separate accounts), due on or before March 1, 2004;

(C) Management's Discussion and Analysis, due on or before April 1, 2004;

(D) Statement of Actuarial Opinion due on or before March 1, 2004, and

(E) Statement on non-guaranteed elements - Exhibit 5, interrogatory # 3, due on or before March 1, 2004.

(2) Domestic insurer paper copy reports and forms to be filed only with the department:

(A) Fraternal Quarterly financial statement, due on or before May 15, August 15, and November 15, 2003;

(B) Supplemental Compensation Exhibit, due on or before March 1, 2004;

(C) Texas Overhead Assessment Form (Texas edition), due on or before March 1, 2004; and

(D) Analysis of Surplus (Texas Edition) for fraternal benefit societies to be filed on or before March 1, 2004.

(3) Domestic and foreign insurer reports and forms to be filed electronically only with the NAIC:

(A) Affidavit of filing and Financial Statement Attestation, to be filed with the department by foreign companies filing electronically with the NAIC and not filing paper copy with the department. The statement generally provides that the electronic NAIC filing is an exact and complete duplicate of the statement filed with the reporting entity´s domestic state. This statement is due on the filing date for the annual statement.

(B) Annual statement electronic filing, to be filed on or before March 1, 2004;

(C) Accident and Health Policy Experience, due on or before April 1, 2004;

(D) Interest Sensitive Life Insurance Products Report, due on or before April 1, 2004;

(E) Investment Risk Interrogatories, due on or before April 1, 2004;

(F) Long Term Care Experience Reporting Forms, due on or before April 1, 2004;

(G) Long Term Care Experience Exhibit, due on or before March 1, 2004;

(H) Management Discussion & Analysis, due on or before April 1, 2004;

(I) Medicare Supplement Insurance Experience Exhibit, due on or before April 1, 2004;

(J) Statement of Actuarial Opinion, due on or before March 1, 2004;

(K) Supplement to Valuation Report due on or before June 30, 2004; and

(L) Trusteed Surplus Statement, due on or before May 15, August 15, November 15, 2003, and March 1, 2004.

(4) The commissioner reserves the right to request paper copies of any paper or electronic filings made by foreign companies in their state of domicile or the NAIC.

(5) A foreign insurer that files with the department an application for a policyholder dividend shall file an Analysis of Surplus (Texas Edition) for fraternal benefit societies with the application.

(6) A foreign insurer that is classified as a commercially domiciled insurer under Insurance Code, §823.004 shall file an Analysis of Surplus (Texas Edition) for fraternal benefit societies with the department.

(g) Requirements for title insurers. Each title insurance company shall complete and file the following blanks and forms for the 2003 calendar year and the three quarters of the 2003 calendar year. The reports and forms identified in this subsection shall be completed in accordance with the 2003 NAIC Annual Statement Instructions, Title. The electronic version of the filings with the NAIC identified in this subsection shall be in accordance with the NAIC data specifications and instructions and shall include PDF format filing. The filings for insurers described in this subsection are as follows:

(1) Domestic insurer reports and forms in paper copy to be filed with the department and the NAIC as follows:

(A) 2003 NAIC Title Annual Statement, due on or before March 1, 2004;

(B) Management's Discussion and Analysis, due on or before April 1, 2004; and

(C) Statement of Actuarial Opinion due on or before March 1, 2004.

(2) Domestic insurer paper copy filings and reports to be filed only with the department:

(A) Title quarterly statement, due on or before May 15, August 15, and November 15, 2003;

(B) Supplemental Compensation Exhibit, due on or before March 1, 2004;

(C) Schedule SIS, Stockholder Information Supplement due on or before March 1, 2004;

(D) Texas Overhead Assessment Form (Texas edition), due on or before March 1, 2004; and

(E) Analysis of Surplus (Texas Edition) for title companies, to be filed on or before March 1, 2004.

(3) Domestic and foreign insurer reports and forms to be filed electronically only with the NAIC:

(A) Affidavit of filing and Financial Statement Attestation, to be filed with the department by foreign companies filing electronically with the NAIC and not filing paper copy with the department. The statement generally provides that the electronic NAIC filing is an exact and complete duplicate of the statement filed with the reporting entity´s domestic state. This statement is due on the filing date for the annual statement.

(B) Annual statement electronic filing, due on or before March 1, 2004;

(C) Investment Risk Interrogatories, due on or before April 1, 2004;

(D) Management Discussion and Analysis, due on or before April 1, 2004; and

(E) Statement of Actuarial Opinion due on or before March 1, 2004.

(4) The commissioner reserves the right to request paper copies of any paper or electronic filings made by foreign companies in their state of domicile or the NAIC.

(5) A foreign insurer that files an application with the department for approval of a policyholder dividend shall file an Analysis of Surplus (Texas Edition) for title insurers with the application.

(6) A foreign insurer that is classified as a commercially domiciled insurer under Insurance Code, §823.004 shall file an Analysis of Surplus (Texas Edition) for title insurers.

(h) Requirements for health maintenance organizations. Each health maintenance organization licensed pursuant to Insurance Code Chapter 843 shall use the NAIC Health blank to file the 2003 annual and 2003 quarterly information. Insurers that are subject to life insurance statutes and are permitted or allowed to do the business of health maintenance organizations shall file the Texas HMO supplement form as part of their annual and quarterly filings. The NAIC forms and reports required in this subsection shall be completed in accordance with the 2003 NAIC Annual and Quarterly Statement Instructions, Health. The Texas supplemental forms required in this subsection and provided by the department shall be completed in accordance with the instructions on the forms. The actuarial opinion shall include the additional requirements of the department set forth in paragraph (1)(D) of this subsection. The electronic data filings with the NAIC shall be in accordance with NAIC data specifications and instructions and shall include PDF format filing. The Texas specific electronic filings regarding HMO data requested by the department shall be filed in accordance with the instructions provided by the department. The filings for insurers described in this subsection are as follows:

(1) Domestic and foreign insurer reports and forms in paper copy to be filed with the department and the NAIC:

(A) 2003 NAIC Health Annual Statement, due on or before March 1, 2004;

(B) 2003 NAIC Health Quarterly Statements, due on or before May 15, August 15, and November 15, 2003. Along with each quarterly filing, include a completed copy of Schedule E ­ part 3 ­ Special Deposits, from the 2003 NAIC Health Annual Statement blank;

(C) Management´s Discussion and Analysis, to be filed on or before April 1, 2004; and

(D) Statement of Actuarial Opinion due on or before March 1, 2004. In addition to the requirements set forth in the 2003 NAIC Annual Statement Instructions, Health, the department requires that the actuarial opinion include the following:

(i) The statement of actuarial opinion must include assurance that an actuarial report and underlying actuarial work papers supporting the actuarial opinion will be maintained at the company and available for examination for seven years. The foregoing must be available by May 1 of the year following the year-end for which the opinion was rendered or within two weeks after a request from the commissioner. The suggested wording used will depend on whether the actuary is employed by the company or is a consulting actuary. The wording for an actuary employed by the company should be similar to the following: "An actuarial report and any underlying actuarial work papers supporting the findings expressed in this Statement of Actuarial Opinion will be retained for a period of seven years in the administrative offices of the company and available for regulatory examination." The wording for a consulting actuary retained by the company should be similar to the following: "An actuarial report and any underlying actuarial work papers supporting the findings expressed in this Statement of Actuarial Opinion have been provided to the company to be retained for a period of seven years in the administrative offices of the company and available for regulatory examination."

(ii) Under the scope paragraph requirements of section 5 of the instructions relating to the Actuarial Certification in the 2003 NAIC Annual Statement Instructions, Health, the department requires that the actuarial opinion specifically list the premium deficiency reserve as an item and disclose the amount of such reserve.

(2) Domestic insurer paper copy and Texas specific filings and reports to be filed with the department:

(A) Supplemental Compensation Exhibit, due on or before March 1, 2004;

(B) Texas HMO Supplement (Texas edition), due on or before May 15, August 15, and November 15, 2003, and March 1, 2004;

(C) Department formatted diskettes containing annual statement data (diskettes provided by the department), to be completed according to the instructions provided by the department, due on or before March 1, 2004;

(D) Department formatted diskettes containing quarterly statement data (diskettes provided by the department), to be completed according to the instructions provided by the department, due on or before May 15, August 15, and November 15, 2003; and

(E) Texas Overhead Assessment Form (Texas edition), due on or before March 1, 2004.

(3) Electronic filings by domestic and foreign insurers filed only with the NAIC:

(A) Annual statement electronic filing, due on or before March 1, 2004;

(B) Quarterly statement electronic filing, due on or before May 15, August 15, and November 15, 2003;

(C) Statement of Actuarial Certification, due on or before March 1, 2004;

(D) Investment risk interrogatories, due on or before April 1, 2004;

(E) Long-term Care Experience Reporting Forms, due on or before April 1, 2004;

(F) Management Discussion and Analysis due on or before April 1, 2004; and

(G) Medicare Supplement Insurance Experience Exhibit, due on or before March 1, 2004.

(i) Requirements for farm mutual insurers not subject to the provisions of subsection (e) of this section relating to filing requirements for property and casualty insurers shall file the following blanks and forms for the 2003 calendar year with the department only, on or before March 1, 2004:

(1) Annual statement (Texas edition);

(2) Texas Overhead Assessment Form (Texas edition); and

(3) Statement of Actuarial Opinion, unless otherwise exempted.

(j) Requirements for statewide mutual assessment associations, local mutual aid associations, mutual burial associations and exempt associations. Each statewide mutual assessment association, local mutual aid association, mutual burial association and exempt association shall complete and file the following blanks and forms for the 2003 calendar year with the department only, on or before April 1, 2004:

(1) Annual Statement (Texas Edition) (exempt companies are required to complete all pages except lines 22, 23, 24, 25, and 26 on page 3, the special instructions at the bottom of page 3, and pages 4 - 7);

(2) Texas Overhead Assessment Form (Texas edition);

(3) Release of Contributions Form (Texas edition);

(4) 3 1/2 % Chamberlain Reserve Table (Reserve Valuation) (Texas edition);

(5) Reserve Summary (1956 Chamberlain Table 3 1/2 %) (Texas edition);

(6) Inventory of Insurance in Force by Age of Issue or Reserving Year (Texas edition); and

(7) Summary of Inventory of Insurance in Force by Age and Calculation of Net Premiums (Texas edition).

(k) Requirements for Non-profit Legal Service Corporations. Each non-profit legal service corporation doing business as authorized by a certificate of authority issued under Chapter 961 (formerly Article 23) shall complete and file the following blanks and forms for the 2003 calendar year with the department only. An actuarial opinion is not required. The following forms are to be filed on or before March 1, 2004:

(1) Annual Statement (Texas edition); and

(2) Texas Overhead Assessment Form (Texas edition).

(l) Requirements for Mexican casualty companies. Each Mexican casualty company doing business as authorized by a certificate of authority issued under the Insurance Code Section 984 (formerly Article 8.24), shall complete and file the following blanks and forms for the 2003 calendar year with the department only. All submissions shall be printed or typed in English and all monetary values shall be clearly designated in United States dollars. The form identified in paragraph (1) of this subsection shall be completed in accordance with the 2003 NAIC Annual Statement Instructions, Property and Casualty, except as provided by this subsection. An actuarial opinion is not required. It is the express intent of this subsection that it shall not repeal or otherwise modify or amend any department rule or the Insurance Code. The following blanks or forms are to be filed on or before March 1, 2004:

(1) 2003 NAIC Annual Statement; provided, however, only pages 1 - 4, and 110 (Schedule T) are required to be completed;

(2) A copy of the balance sheet and the statement of profit and loss from the Mexican financial statement (printed or typed in English);

(3) A copy of the official documents issued by the COMISION NACIONAL DE SEGUROS Y FIANZAS approving the 2003 annual statement; and

(4) A copy of the current license to operate in the Republic of Mexico. (m) Other financial reports. Nothing in this section prohibits the department from requiring any insurer or other regulated entity from filing other financial reports with the department.



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