Tex. Ins. Code Section 1369.602
Applicability of Subchapter


(a)

This subchapter applies only to a health benefit plan that provides benefits for medical or surgical expenses incurred as a result of a health condition, accident, or sickness, including an individual, group, blanket, or franchise insurance policy or insurance agreement, a group hospital service contract, or an individual or group evidence of coverage or similar coverage document that is offered by:

(1)

an insurance company;

(2)

a group hospital service corporation operating under Chapter 842 (Group Hospital Service Corporations);

(3)

a health maintenance organization operating under Chapter 843 (Health Maintenance Organizations);

(4)

an approved nonprofit health corporation that holds a certificate of authority under Chapter 844 (Certification of Certain Nonprofit Health Corporations);

(5)

a multiple employer welfare arrangement that holds a certificate of authority under Chapter 846 (Multiple Employer Welfare Arrangements);

(6)

a stipulated premium company operating under Chapter 884 (Stipulated Premium Insurance Companies);

(7)

a fraternal benefit society operating under Chapter 885 (Fraternal Benefit Societies);

(8)

a Lloyd’s plan operating under Chapter 941 (Lloyd’s Plan); or

(9)

an exchange operating under Chapter 942 (Reciprocal and Interinsurance Exchanges).

(b)

Notwithstanding any other law, this subchapter applies to:

(1)

a small employer health benefit plan subject to Chapter 1501 (Health Insurance Portability and Availability Act), including coverage provided through a health group cooperative under Subchapter B of that chapter;

(2)

a standard health benefit plan issued under Chapter 1507 (Consumer Choice of Benefits Plans);

(3)

health benefits provided by or through a church benefits board under Subchapter I (Definition), Chapter 22 (Nonprofit Corporations), Business Organizations Code;

(4)

group health coverage made available by a school district in accordance with Section 22.004 (Group Health Benefits for School Employees), Education Code;

(5)

a regional or local health care program operated under Section 75.104 (Health Care Services), Health and Safety Code; and

(6)

a self-funded health benefit plan sponsored by a professional employer organization under Chapter 91 (Professional Employer Organizations), Labor Code.

(c)

This subchapter does not apply to an issuer or provider of health benefits under or a pharmacy benefit manager administering pharmacy benefits under a workers’ compensation insurance policy or other form of providing medical benefits under Title 5, Labor Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 142 (H.B. 1763), Sec. 1, eff. September 1, 2021.
Redesignated from Insurance Code, Section 1369.552 (Exceptions to Applicability of Subchapter) by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(27), eff. September 1, 2023.

Source: Section 1369.602 — Applicability of Subchapter, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­1369.­htm#1369.­602 (accessed Jun. 5, 2024).

1369.001
Definitions
1369.002
Applicability of Subchapter
1369.003
Exception
1369.004
Coverage Required
1369.005
Rules
1369.0041
Certain Payments and Refills
1369.051
Definitions
1369.052
Applicability of Subchapter
1369.053
Exception
1369.054
Notice and Disclosure of Certain Information Required
1369.055
Continuation of Coverage Required
1369.056
Adverse Determination
1369.057
Rules
1369.076
Definitions
1369.077
Applicability of Subchapter
1369.078
Formulary Information on Internet Website
1369.079
Formulary Disclosure Requirements
1369.080
Formulary Information Provided by Toll-free Telephone Number
1369.091
Definitions
1369.092
Applicability of Subchapter
1369.093
Exceptions to Applicability of Subchapter
1369.094
Disclosure of Prescription Drug Information
1369.101
Definitions
1369.102
Applicability of Subchapter
1369.103
Exception
1369.104
Exclusion or Limitation Prohibited
1369.105
Certain Cost-sharing Provisions Prohibited
1369.106
Certain Waiting Periods Prohibited
1369.107
Prohibited Conduct
1369.108
Exemption for Entities Associated with Religious Organization
1369.109
Enforcement
1369.151
Applicability of Subchapter
1369.152
Exception
1369.153
Information Required on Identification Card
1369.154
Rules
1369.201
Definitions
1369.202
Applicability of Subchapter
1369.203
Exception
1369.204
Required Coverage for Orally Administered Anticancer Medications
1369.211
Definitions
1369.212
Applicability of Subchapter
1369.213
Prohibited Conduct
1369.251
Definitions
1369.252
Exceptions to Applicability of Subchapter
1369.253
Conflict with Other Laws
1369.254
Audit of Pharmacist or Pharmacy
1369.255
Completion of Audit
1369.256
Audit Requiring Professional Judgment
1369.257
Access to Pharmacy Area
1369.258
Validation Using Certain Records Authorized
1369.259
Calculation of Recoupment
1369.260
Clerical or Recordkeeping Error
1369.261
Access to Previous Audit Reports
1369.262
Compensation of Auditor
1369.263
Conclusion of Audit
1369.264
Final Audit Report
1369.265
Certain Audits Exempt from Deadlines
1369.266
Recoupment and Interest Charged After Audit
1369.267
Waiver Prohibited
1369.268
Remedies Not Exclusive
1369.269
Enforcement
1369.270
Legislative Declaration
1369.301
Definition
1369.302
Applicability of Subchapter
1369.303
Exception
1369.304
Standard Form
1369.305
Advisory Committee on Uniform Prior Authorization Forms
1369.306
Failure to Use or Acknowledge Standard Form
1369.351
Definitions
1369.352
Certain Benefits Excluded
1369.353
Criteria for Drugs on Maximum Allowable Cost Lists
1369.354
Formulation of Maximum Allowable Costs
1369.355
Updates
1369.356
Access to Maximum Allowable Cost Lists
1369.357
Appeal from Maximum Allowable Cost Price Determination
1369.358
Confidentiality of Maximum Allowable Cost List
1369.359
Waiver Prohibited
1369.360
Remedies Not Exclusive
1369.361
Enforcement
1369.362
Legislative Declaration
1369.401
Definition
1369.402
Certain Fees Prohibited
1369.451
Definitions
1369.452
Applicability of Subchapter
1369.453
Applicability to Certain Medications
1369.454
Proration of Cost-sharing Amount Required
1369.455
Proration of Dispensing Fee Prohibited
1369.456
Implementation of Certain Medication Synchronization Plans
1369.501
Definitions
1369.502
Pharmacy Benefit Manager Information
1369.503
Health Benefit Plan Issuer Information
1369.504
Rules
1369.0541
Modification of Drug Coverage Under Plan
1369.0542
Effect of Reductions in Out-of-pocket Expenses on Cost Sharing
1369.0545
Step Therapy Protocols
1369.0546
Step Therapy Protocol Exception Requests
1369.0547
Step Therapy Protocols for Prescription Drugs to Treat Serious Mental Illnesses
1369.551
Definitions
1369.552
Exceptions to Applicability of Subchapter
1369.553
Transfer or Acceptance of Certain Records Prohibited
1369.554
Prohibition on Certain Communications
1369.555
Prohibition on Certain Referrals and Solicitations
1369.601
Definitions
1369.602
Applicability of Subchapter
1369.603
Reduction of Certain Claim Payment Amounts Prohibited
1369.604
Reimbursement of Affiliated and Nonaffiliated Pharmacists and Pharmacies
1369.605
Network Contract Fee Schedule
1369.606
Disclosure of Pharmacy Services Administrative Organization Contract
1369.607
Delivery of Drugs
1369.608
Professional Standards and Scope of Practice Requirements
1369.609
Retaliation Prohibited
1369.610
Waiver Prohibited
1369.651
Definition
1369.652
Applicability of Subchapter
1369.653
Exceptions
1369.654
Prohibition on Multiple Prior Authorizations
1369.761
Definitions
1369.762
Applicability of Subchapter
1369.763
Exceptions to Applicability of Subchapter
1369.764
Certain Limitations on Coverage of Clinician-administered Drugs Prohibited
1369.1031
Certain Coverage Required
1369.2581
Audit Discrepancies
1369.5035
Content of Reports

Accessed:
Jun. 5, 2024

§ 1369.602’s source at texas​.gov