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Texas Department of Insurance
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Subchapter R. Diabetes

28 TAC §§21.2607

The Texas Department of Insurance proposes the repeal of §21.2607 concerning minimum standards for benefits provided to enrollees with diabetes in health benefit plans and coverage under health benefit plans for equipment and supplies and self-management training associated with the treatment of diabetes. The repeal is necessary to remove language for which the statutory authority has expired. Contemporaneously with this proposed repeal, proposed amendments to §§21.2601 ­ 21.1606 are published elsewhere in this issue of the Texas Register.

. Kim Stokes, Senior Associate Commissioner, Life, Health and Licensing, has determined that for each year of the first five years the proposed repeal is in effect, there will be no fiscal impact to state and local governments as a result of the enforcement or administration of the rule. There will be no measurable effect on local employment or the local economy as a result of the proposal.

Ms. Stokes has determined that for each year of the first five years the proposed repeal is in effect, the public benefits anticipated as a result of the proposed repeal will be the removal language for which the statutory authority has expired. Regardless of the fiscal effect, the department does not believe it is either legal or feasible to exempt small businesses or micro-businesses from the requirements of the proposed repeal. To do so would allow differentiation in the provision of diabetes self-management training or coverage for diabetes self-management training between small business health carriers compared to large health carriers.

To be considered, written comments on the proposal must be submitted no later than 5:00 p.m. on February 10, 2003 to Gene C. Jarmon, General Counsel and Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P. O. Box 149104, Austin, Texas 78714-9104. An additional copy of the comment must be simultaneously submitted to Margaret Lazaretti, Director of Project Development, Mail Code 107-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. A request for a public hearing should be submitted separately to the Office of the Chief Clerk.

The repeal is proposed under the Insurance Code Articles 21.53D and §36.001. Article 21.53D §3 provides that the commissioner shall by rule adopt minimum standards for benefits to enrollees with diabetes. Section 36.001 provides that the Commissioner of Insurance may adopt rules to execute the duties and functions of the Texas Department of Insurance as authorized by statute.

The following articles are affected by this proposal: Insurance Code Article 21.53D

§21.2607. Accessibility and Availability of Diabetes Self-Management Training Prior to January 1, 2002.

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