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Texas Department of Insurance
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28 TAC §§3.3848 - 3.3850

1. INTRODUCTION. The Texas Department of Insurance proposes the repeal of §§3.3848 - 3.3850, concerning long-term care insurance. Repeal of these sections is necessary because the need for these rules no longer exists and because of the need to promulgate new long-term care partnership rules and amend current long-term care nonpartnership rules. Simultaneously with this proposed repeal and also published in this issue of the Texas Register, the Department is proposing amendments to §§3.3801 - 3.3804, 3.3821, 3.3826, 3.3829, 3.3830, 3.3833, 3.3834, 3.3837 - 3.3839, 3.3842, and 3.3844 - 3.3846, and new §§3.3848, 3.3849, 3.3860, and 3.3870 - 3.3874, to implement SB 22, 80th Legislature, Regular Session, relating to a Partnership for Long-Term Care Program.

The proposed repeal of §3.3848, which relates to the form to be used to report rescissions of long-term care insurance policies, is necessary in order to incorporate all of the Subchapter Y reporting requirements for long-term care insurance into §3.3837. The Department is proposing a new §3.3848 to address requirements for limited premium payment options in long-term care policies and certificates. Repeal of §3.3849, pertaining to 1997 effective dates and grace period, is necessary because it is obsolete. The Department is proposing a new §3.3849 to address certain filing and certification requirements for insurers that issue long-term care policies to associations and marketing standards for associations that market the policies. As previously indicated, the proposed new §§3.3848 and 3.3849 are also published in this edition of the Texas Register. Repeal of §3.3850, pertaining to Severability, is necessary because these severability provisions are proposed to be incorporated into §3.3803 as part of the promulgation of new long-term care partnership rules in Subchapter Y. The Department is not proposing a new section to replace the repealed §3.3850.

2. FISCAL NOTE. Ana Smith-Daley, Deputy Commissioner, Life/Health Division, has determined that during the first five years that the proposed repeals are in effect, there will be no fiscal impact on state or local government as a result of enforcing or administering the repeals. There will be no measurable effect on local employment or the local economy as a result of the proposed repeals.

3. PUBLIC BENEFIT/COST NOTE. Ms. Smith-Daley also has determined that for each year of the first five years that the repeals are in effect, the public benefit anticipated as a result of the repeals will be the elimination of obsolete regulations. There will be no economic cost to any individuals, insurers, or other Department regulated entities, regardless of size, as a result of the proposed repeals.

4. ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL AND MICRO BUSINESSES. In accordance with the Government Code §2006.002(c), the Department has determined that the proposed repeals will not have an adverse economic effect on small businesses or micro businesses. This is because the proposal simply repeals unnecessary and obsolete rules and does not impose any new requirements or costs with which small or micro businesses must comply. Therefore, in accordance with the Government Code §2006.002(c), the Department is not required to prepare a regulatory flexibility analysis.

5. TAKINGS IMPACT ASSESSMENT. The Department has determined that no private real property interests are affected by this proposal and that this proposal does not restrict or limit an owner's right to property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking or require a takings impact assessment under the Government Code §2007.043.

6. REQUEST FOR PUBLIC COMMENT. To be considered, written comments on the proposal must be submitted no later than 5:00 p.m. on August 18, 2008 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 Ana Smith-Daley, Deputy Commissioner, Life/Health Division, Mail Code 106-1A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. Any request for a public hearing must be submitted separately to the Office of Chief Clerk before the close of the public comment period. If a hearing is held, written and oral comments presented at the hearing will be considered.

7. STATUTORY AUTHORITY. The repeal of §§3.3848 - 3.3850 is proposed pursuant to the Insurance Code §36.001, which 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.

8. CROSS REFERENCE TO STATUTE. No statute is affected by the proposal.

9. TEXT.

§3.3848. Adoption by Reference of Department Form Ut ilized in Reporting.

§3.3849. Effective Date; Grace Period and Guarantee Issue Requirement.

§3.3850. Severability.

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