Tex. Ins. Code Section 401.008
Hardship Exemption


(a)

An insurer or health maintenance organization that is not eligible for an exemption under Section 401.006 (Exemption for Certain Small Insurers and Health Maintenance Organizations) or 401.007 (Exemption for Certain Foreign or Alien Insurers or Health Maintenance Organizations) may apply to the commissioner for a hardship exemption.

(b)

Subject to Subsection (c), the commissioner may grant an exemption under this section if the commissioner finds, after reviewing the application, that compliance with this subchapter would constitute a severe financial or organizational hardship for the insurer or health maintenance organization. The commissioner may grant the exemption at any time for one or more specified periods.

(c)

The commissioner may not grant an exemption under this section if:

(1)

the exemption would diminish the department’s ability to monitor the financial condition of the insurer or health maintenance organization; or

(2)

the insurer or health maintenance organization:

(A)

during the five-year period preceding the date the application for the exemption is made:
(i)
has been placed under supervision, conservatorship, or receivership;
(ii)
has undergone a change in control, as described by Section 823.005 (Description of Control; Determination of Control); or
(iii)
has been subject to a significant number of complaints, as determined by the commissioner;

(B)

has been identified by the department as troubled;

(C)

has been or is the subject of a disciplinary action by the department; or

(D)

is not complying with the law or with a rule adopted by the commissioner.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.

Source: Section 401.008 — Hardship Exemption, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­401.­htm#401.­008 (accessed Mar. 23, 2024).

401.001
Definitions
401.002
Purpose of Subchapter
401.003
Effect of Subchapter on Authority to Examine
401.004
Filing and Extensions for Filing of Audited Financial Report
401.005
Alternative Filing for Canadian or British Insurers or Health Maintenance Organizations
401.006
Exemption for Certain Small Insurers and Health Maintenance Organizations
401.007
Exemption for Certain Foreign or Alien Insurers or Health Maintenance Organizations
401.008
Hardship Exemption
401.009
Contents of Audited Financial Report
401.010
Requirements for Financial Statements in Audited Financial Report
401.011
Qualifications of Accountant
401.012
Hearing on Accountant Qualifications
401.013
Accountant’s Letter of Qualifications
401.014
Registration of Accountant
401.015
Resignation or Dismissal of Accountant
401.016
Audited Combined or Consolidated Financial Statements
401.017
Notice of Adverse Financial Condition or Misstatement of Financial Condition
401.018
Information Discovered After Date of Audited Financial Report
401.019
Report on Significant Deficiencies in Internal Control
401.020
Accountant Work Papers
401.021
Penalty for Failure to Comply
401.051
Duty to Examine Carriers
401.052
Frequency of Examination
401.053
Examination Period
401.054
Powers Related to Examination
401.055
Effect of Subchapter on Authority to Use Information
401.056
Rules Related to Reports and Hearings
401.057
Use of Audit and Work Papers
401.058
Confidentiality of Reports and Related Information
401.059
Determination of Value
401.060
Right to Information Relating to Determination of Value or Market Value
401.061
Disciplinary Action for Failure to Comply with Subchapter
401.062
Stay of Rule, Order, Decision, or Finding
401.101
Use of Department Examiner or Other Qualified Person or Firm
401.102
Legislative Intent as to Appointment or Employment of Examiners and Actuaries
401.103
Appointment of Examiners and Actuaries
401.104
Appointment of Examiners, Actuaries, and Other Persons for Certain Examinations
401.105
Oath of Examiners and Assistants
401.106
Right of Action on Bond
401.107
Registration of Contract Examiners
401.151
Expenses of Examination of Domestic Insurer
401.152
Expenses of Examination of Other Insurers
401.153
Reimbursement of Expenses of Certain Persons or Firms
401.154
Tax Credit Authorized
401.155
Additional Assessments
401.156
Deposit and Use of Assessment and Fee
401.201
Confidentiality of Early Warning System Information
401.251
Definitions
401.252
Self-directed Budget
401.253
Audits
401.254
Records
401.255
Membership in Employees Retirement System

Accessed:
Mar. 23, 2024

§ 401.008’s source at texas​.gov