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Texas Department of Insurance
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Commissioner’s Bulletin # B-0038-08

July 24, 2008


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

Re:   Hurricane Dolly - State of Emergency - Natural Disaster - Medical Equipment and Services 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, and many insureds, enrollees, certificate holders, their dependents and injured workers 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, their dependents and injured workers who are 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 may be temporarily located, 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 or cover the payment of medical or other health care services as a part of any policy or certificate or evidence of coverage should, throughout the duration of the Governor's disaster proclamation, 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

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

Questions regarding this bulletin related to workers' compensation may be directed to Workers' Compensation/Injured Employee Hotline at the toll free telephone number (800) 252-7031.

Mike Geeslin

Commissioner of Insurance