Tex. Ins. Code Section 846.257
Enrollment; Waiting Period


(a)

The initial enrollment period for employees meeting the participation criteria must be at least 31 days, with a 31-day annual open enrollment period. The enrollment period must consist of an entire calendar month, beginning on the first day of the month and ending on the last day of the month. If the month is February, the period must last through March 2.

(b)

A multiple employer welfare arrangement may establish a waiting period.

(c)

A new employee who meets the participation criteria may not be denied coverage if the application for coverage is received by the multiple employer welfare arrangement not later than the 31st day after the later of:

(1)

the date on which the employment begins; or

(2)

the date on which the waiting period established under Subsection (b) expires.

(d)

If dependent coverage is offered to participating employees under the terms of a multiple employer welfare arrangement’s plan document:

(1)

the initial enrollment period for the dependents must be at least 31 days, with a 31-day annual open enrollment period; and

(2)

a dependent of a new employee meeting the participation criteria established by the arrangement may not be denied coverage if the application for coverage is received by the arrangement not later than the 31st day after the later of:

(A)

the date on which the employment begins;

(B)

the date on which the waiting period established under Subsection (b) expires; or

(C)

the date on which the dependent becomes eligible for enrollment.

(e)

A late-participating employee or dependent may be excluded from coverage until the next annual open enrollment period and may be subject to a one-year preexisting condition provision as described by Section 846.202 (Preexisting Condition Provision). The period during which a preexisting condition provision applies may not exceed 18 months after the date of the initial application.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.

Source: Section 846.257 — Enrollment; Waiting Period, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­846.­htm#846.­257 (accessed May 4, 2024).

846.001
Definitions
846.002
Applicability of Chapter
846.003
Limited Exemption from Insurance Laws
846.004
Late-participating Employee or Dependent
846.005
Rules
846.006
Appeal of Orders
846.007
Premium Rates
846.0035
Applicability of Certain Laws to Association Providing Health Benefits
846.051
Certificate of Authority Required
846.052
Application for Initial Certificate of Authority
846.053
Eligibility Requirements for Initial Certificate of Authority
846.054
Issuance of Initial Certificate of Authority
846.055
Extension of Term of Initial Certificate of Authority
846.056
Final Certificate of Authority
846.057
Denial of Final Certificate of Authority
846.058
Disqualification
846.059
Fees
846.060
Suspension, Revocation, or Limitation of Certificate of Authority
846.061
Action by Attorney General
846.101
Board Members
846.102
Duties of Board Members
846.103
Limitation on Action Against Board Member
846.104
Compensation of Board Members
846.105
Officers
846.106
Compensation of Officers, Agents, and Employees
846.107
Receipt of Thing of Value
846.151
General Powers
846.152
Filing of Organizational Documents
846.153
Required Filings
846.154
Cash Reserve Requirements
846.155
Adjustment of Contributions
846.156
Waiver or Reduction of Required Stop-loss Insurance or Cash Reserves
846.157
Renewal of Certificate
846.158
Examination of Multiple Employer Welfare Arrangements
846.159
Name of Multiple Employer Welfare Arrangement
846.160
Evidence of Existence
846.201
Benefits Allowed
846.202
Preexisting Condition Provision
846.203
Treatment of Certain Conditions as Preexisting Prohibited
846.204
Waiting Period Permitted
846.205
Certain Limitations or Exclusions of Coverage Prohibited
846.206
Renewability of Coverage
846.207
Refusal to Renew
846.208
Notice to Covered Persons
846.209
Written Statement of Denial, Cancellation, or Refusal to Renew
846.251
Participation Criteria
846.252
Coverage Requirements
846.253
Prohibition on Exclusion of Eligible Employee or Dependent
846.254
Written Notice to Employees Covered
846.255
Declining Coverage
846.256
Minimum Contribution or Participation Requirements
846.257
Enrollment
846.258
Coverage for Newborn Children
846.259
Coverage for Adopted Children
846.260
Limiting Age Applicable to Unmarried Child
846.301
Marketing Requirements
846.302
Additional Reporting Requirements
846.303
Applicability to Third-party Administrator

Accessed:
May 4, 2024

§ 846.257’s source at texas​.gov