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Commissioner’s Bulletin # B-0055-05

September 22, 2005

TO: ALL INSURERS LICENSED TO WRITE LIFE AND ACCIDENT AND HEALTH INSURANCE, ALL HEALTH MAINTENANCE ORGANIZATIONS, ALL LICENSED AGENTS, ALL THIRD PARTY ADMINISTRATORS, ALL UTILIZATION REVIEW AGENTS AND ALL MEWAS LICENSED IN TEXAS

RE: HURRICANE RITA - STATE OF EMERGENCY - NATURAL DISASTER - MEDICAL EQUIPMENT AND SERVICES

On September 20, 2005, Governor Rick Perry issued a proclamation declaring a disaster due to the effects of Hurricane Rita, certifying that Hurricane Rita poses a threat of imminent disaster along the Texas Coast beginning September 20, 2005, and directing that all necessary measures both public and private as authorized under Section 418.015 of the Texas Government Code be implemented to meet that threat. The proclamation also states that, as provided in Section 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.

Hurricane Rita is threatening the state, resulting in large scale evacuations. Because of the potential storm damage to local, regional and state-wide utilities and infrastructure, many insureds, enrollees, and certificate holders may be forced to evacuate their residence locations and their health care service areas. Because of the forced evacuations, many insureds, enrollees, certificate holders and their dependents may not be able to, or have the ability to, access medical equipment, supplies and services necessary to maintain their health. Insureds, enrollees, certificate holders and their dependents should not be without their necessary services, supplies and equipment to maintain their health during a disaster or threat of imminent disaster and danger. It is the opinion of the Texas Department of Insurance that all health insurers and health maintenance organizations that provide health coverage as a part of any policy or certificate or evidence of coverage should, throughout the duration of this disaster, authorize payment for necessary medical equipment, supplies and services regardless of the date upon which the service, equipment or supplies were most recently provided.

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

HMO/URA/QA Division at 512-322-4266 or e-mail: hmogrp@tdi.state.tx.us






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