28 Tex. Admin. Code § 21.3001 - Applicability and Severability
(a)
Applicability. This subchapter implements the provisions of Insurance Code
Chapter 1369 as follows:
(1) Division 2 of
this subchapter applies to a health benefit plan that is subject to Insurance
Code Chapter 1369, Subchapter D, and relates to pharmacy identification
cards.
(2) Division 3 of this
subchapter applies to a health benefit plan that is subject to Insurance Code
Chapter 1369, Subchapter A, and relates to coverage of off-label
drugs.
(3) Division 4 of this
subchapter applies to a health benefit plan that is subject to Insurance Code
Chapter 1369, Subchapter B, and relates to the use of a drug formulary by a
health benefit plan. Consistent with Insurance Code §
1369.077, §§21.3031 -
21.3033 apply only to an individual health benefit plan.
(b) Severability. If a court of competent
jurisdiction holds that any provision of this subchapter is inconsistent with
any statute of this state, is unconstitutional, or for any other reason is
invalid, the remaining provisions remain in full effect. If a court of
competent jurisdiction holds that the application of any provision of this
subchapter to particular persons, or in particular circumstances, is
inconsistent with any statutes of this state, is unconstitutional, or for any
other reason is invalid, the provision remains in full effect as to other
persons or circumstances.
Notes
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