Tex. Ins. Code § 843.461 · Subchapter N. ENFORCEMENT
ENFORCEMENT ACTIONS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) After notice and opportunity for a hearing, the commissioner may:
(1) suspend or revoke a certificate of authority issued to a health maintenance organization under this chapter;
(2) impose sanctions under Chapter 82;
(3) issue a cease and desist order under Chapter 83; or
(4) impose administrative penalties under Chapter 84.
(b) The commissioner may take an enforcement action listed in Subsection (a) against a health maintenance organization if the commissioner finds that the health maintenance organization:
(1) is operating in a manner that is:
(A) significantly contrary to its basic organizational documents or health care plan; or
(B) contrary to the manner described in and reasonably inferred from other information submitted under Section 843.078, 843.079, or 843.080;
(2) issues an evidence of coverage or uses a schedule of charges for health care services that does not comply with the requirements of Sections 843.346, 1271.001-1271.005, 1271.007, 1271.151, 1271.152, and 1271.156, and Subchapters B, C, E, F, and G, Chapter 1271;
(3) does not meet the requirements of Section 843.082(1);
(4) provides a health care plan that does not provide or arrange for basic health care services, provides a limited health care service plan that does not provide or arrange for the plan's limited health care services, or provides a single health care service plan that does not provide or arrange for a single health care service;
(5) cannot fulfill its obligation to provide:
(A) health care services as required under its health care plan;
(B) limited health care services as required under its limited health care service plan; or
(C) a single health care service as required under its single health care service plan;
(6) is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;
(7) has not implemented the complaint system required by Section 843.251 in a manner to resolve reasonably valid complaints;
(8) has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive, or unfair manner or a person on behalf of the health maintenance organization has advertised or merchandised the health maintenance organization's services in an untrue, misrepresentative, misleading, deceptive, or unfair manner;
(9) would be hazardous to its enrollees if it continued in operation;
(10) has not complied substantially with:
(A) this chapter or a rule adopted under this chapter; or
(B) Section 1367.053, Subchapter A, Chapter 1452, Subchapter B, Chapter 1507, Chapter 222, 251, or 258, as applicable to a health maintenance organization, or Chapter 1271 or 1272 or a rule adopted under one of those provisions; or
(11) has not taken corrective action the commissioner considers necessary to correct a failure to comply with this chapter, any applicable provision of this code, or any applicable rule or order of the commissioner not later than the 30th day after the date of notice of the failure or within any longer period specified in the notice and determined by the commissioner to be reasonable.
(c) The commissioner may suspend or revoke a certificate of authority only after complying with this section.
Notes and commentary — not statutory text
History
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 2E.052, eff. April 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 11.001, eff. September 1, 2013.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/IN/htm/IN.843.htm
- Text hash
- sha256 f17e338d62c169a96b2cb5d942a11ae32f5302aaf43a31d354f3c9cb648c990b
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Insurance Code
- Tex. Ins. Code ch. 82SANCTIONSPrinted as Chapter 82
- Tex. Ins. Code ch. 83EMERGENCY CEASE AND DESIST ORDERSPrinted as Chapter 83
- Tex. Ins. Code ch. 222LIFE, HEALTH, AND ACCIDENT INSURANCE PREMIUM TAXPrinted as Chapter 222
- Tex. Ins. Code § 843.078CONTENTS OF APPLICATION.Printed as Section 843.078, 843.079, or 843.080
- Tex. Ins. Code § 843.079CONTENTS OF APPLICATION: LIMITED HEALTH CARE SERVICE PLAN.Printed as Section 843.078, 843.079, or 843.080
- Tex. Ins. Code § 843.080MODIFICATION OR AMENDMENT OF APPLICATION INFORMATION.Printed as Section 843.078, 843.079, or 843.080
- Tex. Ins. Code § 843.082REQUIREMENTS FOR APPROVAL OF APPLICATION.Printed as Section 843.082(1)
- Tex. Ins. Code § 843.251COMPLAINT SYSTEM REQUIRED; COMMISSIONER RULES AND EXAMINATION.Printed as Section 843.251
- Tex. Ins. Code § 843.346PAYMENT OF CLAIMS.Printed as Sections 843.346, 1271.001-1271.005, 1271.007, 1271.151, 1271.152, and 1271.156
- Tex. Ins. Code ch. 1271BENEFITS PROVIDED BY HEALTH MAINTENANCE ORGANIZATIONS; EVIDENCE OF COVERAGE; CHARGESPrinted as Chapter 1271
- Tex. Ins. Code § 1271.156BENEFITS FOR REHABILITATION SERVICES AND THERAPIES.Printed as Sections 843.346, 1271.001-1271.005, 1271.007, 1271.151, 1271.152, and 1271.156
- Tex. Ins. Code § 1367.053COVERAGE REQUIRED.Printed as Section 1367.053
- Tex. Ins. Code ch. 1452, subch. ACREDENTIALING OF PHYSICIANS AND PROVIDERS BY HEALTH MAINTENANCE ORGANIZATIONPrinted as Subchapter A, Chapter 1452
- Tex. Ins. Code ch. 1507, subch. BCONSUMER CHOICE OF BENEFITS HEALTH MAINTENANCE ORGANIZATION PLANSPrinted as Subchapter B, Chapter 1507
Cited by 1 provision
Provisions in this library whose text cites Tex. Ins. Code § 843.461. Each shows the citation as that text prints it.
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