Tex. Ins. Code Section 1701.061
Noninsurance Benefits

(a)

In this section, “noninsurance benefit” means a good or service provided or disclosed as part of a policy or certificate of insurance that is reasonably related to the type of policy or certificate being issued. Examples of noninsurance benefits include:

(1)

discount cards for health care programs, vision care programs, dental care programs, prescriptions, physical fitness programs or facilities, or other similar programs;

(2)

financial planning, will preparation, or similar services; and

(3)

contributions for educational savings on behalf of a policyholder or certificate holder.

(b)

An insurer may include a noninsurance benefit that is reasonably related to a policy or certificate as part of the policy or certificate form to be issued to an insured or certificate holder.

(c)

A policy form filing that includes a noninsurance benefit shall include:

(1)

a description of the noninsurance benefit;

(2)

a notice that fully discloses the noninsurance benefit to the policyholder or certificate holder; and

(3)

an explanation of any condition on which termination of the noninsurance benefit will occur.

(d)

Section 541.061 (Misrepresentation of Insurance Policy) applies to a noninsurance benefit provided as part of a policy or certificate.

(e)

Section 1102.002 (Benefits Payable in Currency) does not apply to a noninsurance benefit provided as part of a policy or certificate.

(f)

The commissioner may adopt rules to implement this section, including rules to:

(1)

determine which noninsurance benefits are reasonably related to the types of insurance subject to this chapter;

(2)

ensure that noninsurance benefits included as part of a policy or certificate are not unfairly deceptive or do not otherwise constitute a prohibited inducement; and

(3)

address application of other chapters of this code to noninsurance benefits provided as part of a policy or certificate, including Chapters 82-84, 222 (Life, Health, and Accident Insurance Premium Tax), 257 (Life, Health, and Accident Insurance), 463 (Texas Life and Health Insurance Guaranty Association), 541-544, 1501 (Health Insurance Portability and Availability Act), and 1506.
Added by Acts 2007, 80th Leg., R.S., Ch. 695 (H.B. 1847), Sec. 1, eff. June 15, 2007.

Source: Section 1701.061 — Noninsurance Benefits, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­1701.­htm#1701.­061 (accessed Apr. 29, 2024).

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Accessed:
Apr. 29, 2024

§ 1701.061’s source at texas​.gov