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You are here: Home . rules . 2004 . 1029a-059
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Subchapter L. Standard Language for Mandatory and Other Provisions

28 TAC §§11.1101, 11.1102

Subchapter Q. Other Requirements

§11.1608

Subchapter U. Services

28 TAC §§11.2001 ­ 11.2006

The Texas Department of Insurance proposes repeal of Subchapter L, §§11.1101 and 11.1102, concerning standard language for mandatory and other provisions; Subchapter U, §§11.2001 ­ 11.2006, concerning services; and §11.1608 of Subchapter Q, concerning designation of obstetrician/gynecologist notice. Repeal of Subchapters L and U is necessary primarily to improve textual organization within Chapter 11 and increase regulatory efficiency. Some provisions of each subchapter are transferred to other subchapters to achieve placement of similar regulatory provisions in closer proximity to one another, and are published elsewhere in this issue of the Texas Register ; others are deleted as unnecessary or to eliminate redundancy with substantially similar provisions in other subchapters. Repeal of §11.1608 of Subchapter Q is necessary because many of its notice provisions are included in proposed amended §11.1600(b)(11), published elsewhere in this issue of the Texas Register . Its repeal will eliminate unnecessary repetition of regulatory provisions addressing the same subject matter.

Kim Stokes, Senior Associate Commissioner for the Life, Health & Licensing Program, has determined that during the first five years that the proposed repeal is in effect, there will be no fiscal impact on state or local government as a result of enforcing or administering the sections. There will be no measurable effect on local employment or the local economy as a result of the proposal.

Ms. Stokes also has determined that for each year of the first five years the repeal of the sections is in effect, the public benefit anticipated as a result of administration and enforcement of the repealed sections will be improved textual organization resulting in greater regulatory efficiency in administering regulations under Chapter 11. There is no anticipated economic cost to persons who are required to comply with the proposed repeal. There is no anticipated difference in cost of compliance between small and large businesses.

To be considered, written comments on the proposal must be submitted no later than 5:00 p.m. on December 13, 2006 to Gene C. Jarmon, General Counsel and Chief Clerk, Mail Code 113-1C, Texas Department of Insurance, P.O. Box 149104 , Austin , Texas 78714-9104 . An additional copy of the comment must be simultaneously submitted to Kim Stokes, Senior Associate Commissioner for the Life, Health & Licensing Program , Mail Code 107-2A, Texas Department of Insurance, P.O. Box 149104 , Austin , Texas 78714-9104 . A request for a public hearing must be submitted separately to the Office of Chief Clerk.

The repeal is proposed pursuant to the Insurance Code §§843.102, 843.151, and 36.001. Section 843.102 provides that the commissioner by rule may establish minimum standards and requirements for the quality assurance programs of HMOs, including standards for ensuring availability, accessibility, quality and continuity of care. Section 843.151 provides the commissioner may adopt reasonable rules as necessary and proper to fully implement Insurance Code Chapters 843 and 20A, as well as the requirements of federal law and regulations. Section 36.001 provides that the Commissioner of Insurance 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.

The proposed repeal affects regulation pursuant to the following statutes: Insurance Code, Chapters 843 and 20A, Articles 20A.09Y, 20A.39, 21.53D, and 21.58D

Subchapter L. Standard Language for Mandatory and Other Provisions

§11.1101. Purpose .

§11.1102. Hold-Harmless Clause.

Subchapter Q. Other Requirements

§11.1608. Designation of Obstetrician/Gynecologist Notice.

Subchapter U. Services

§11.2001 . Ambulatory Health Care Services.

§11.2002. Emergency Care.

§11.2003 . Inpatient Hospital and Medical Services.

§11.2004 . Diagnostic and Therapeutic Services.

§11.2005 . Optional Services.

§11.2006 . Single Health Care Services.



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