Ins. Code Section 1201.152
Coverage Under Simplified Application Form
(a)Notwithstanding Clause (b) of the provision required by Section 1201.208 (Policy Provision: Incontestability)(a), an individual accident and health insurance policy must cover any loss that occurs after 12 months from a preexisting condition if the insurer uses a simplified application form that does not include a question concerning the applicant’s health history or medical treatment history.
(b)This section applies regardless of whether the simplified application form includes a question regarding the applicant’s health at the time of application.
(c)This section does not require an insurer to cover a loss from a condition that the policy specifically excludes from coverage.
(b)Notwithstanding Subsection (a), the commissioner may authorize a policy provision that excludes coverage for a preexisting condition for a period of not more than one year if the commissioner determines that the provision would serve the public interest.
(c)This section does not require an insurer to provide coverage for a loss from a preexisting condition specifically excluded from coverage by name or specific description in an exclusion endorsement or rider that is effective on the date of the loss.
Section 1201.152 — Coverage Under Simplified Application Form,
https://statutes.capitol.texas.gov/Docs/IN/htm/IN.1201.htm#1201.152 (accessed Dec. 9, 2023).