28 Tex. Admin. Code § 3.4102 - Coverage Which May Be Exempted

The following classes of insurance coverage may be exempted:

(1) group life or accident or health insurance coverage delivered or issued for delivery to the groups authorized by Insurance Code §§ 1131.051, 1131.052, 1251.051, and 1251.052, insofar as it applies to a labor union as group policyholder if the coverage conforms to the following:

(A) it is a result of a collective bargaining agreement between a labor organization and an employer;

(B) it is required by the collective bargaining agreement to go into effect within 60 days of the final agreement;

(C) it is the subject of aggressive and knowledgeable bargaining in a fully arms-length fashion on the part of the policyholder; and

(D) due to the economic posture of the parties involved, it is impracticable to obtain prior approval before the policy is issued and delivered;

(2) group life or accident or health insurance coverage delivered or issued for delivery to the groups authorized by Insurance Code § 1131.060 and § 1251.052, if the coverage conforms to the following:

(A) it is the result of extensive bargaining over the benefits to be afforded and the rates to be charged;

(B) it is required by the policyholder to go into effect within 60 days of the final agreement between the parties;

(C) it is the subject of aggressive and knowledgeable bargaining in a fully arms-length fashion on the part of the policyholder; and

(D) due to the economic posture of the parties involved, it is impracticable to obtain prior approval before the policy is issued and delivered.

Notes

28 Tex. Admin. Code § 3.4102

The provisions of this §3.4102 adopted to be effective September 13, 1982, 7 TexReg 3145; Amended by Texas Register, Volume 47, Number 18, May 6, 2022, TexReg 2767, eff. 5/11/2022