28 Tex. Admin. Code § 5.606 - Requirements for Insurers Using the Web Services Program
(a) Each web services insurer must meet the
requirements of the web services program through both the event based process
and the ongoing verification process.
(b) Each insurer electing to use the web
services program for the event based and ongoing verification processes must
provide written notice to the department. Written notice must name the insurer
or each insurer in a group, be signed by an officer of the company or group,
and be submitted to the Financial Responsibility Verification Program
Coordinator, Property and Casualty Program, Mail Code 105-5C, Texas Department
of Insurance, P.O. Box 149104, Austin, Texas 78714-9104, not later than 10
business days after the date this section is effective. All submissions to the
department under this division must be made to the Financial Responsibility
Verification Program Coordinator (coordinator) unless otherwise
specified.
(c) Not later than 30
calendar days after the insurer notifies the department of its election to
become a web services insurer, the insurer must submit to the coordinator for
approval written documentation and specifications addressing §
5.607(a) - (e) of
this subchapter (relating to Web Services Program System Requirements). Written
documentation and specifications must include a detailed project plan including
a timeline, a full description of the proposed web services solution, and other
information necessary to establish compliance with the web services program
requirements. If it is determined as specified in subsection (i) of this
section that the insurer's submission does not propose a solution that will
meet all system and performance requirements, the insurer must begin program
development to meet requirements of the database program as detailed in §
5.604 and §
5.605 of this subchapter (relating
to Reporting Requirements for Insurers Using the Database Program and Data
Error Correction Requirements for Insurers Using the Database
Program).
(d) If an insurer's web
services documentation and specifications have been determined to meet the
system requirements of subsection (c) of this section and the insurer has
obtained the appropriate department approval, the insurer must within 90
calendar days after receiving written notice of department approval as required
in subsection (c) of this section submit to the coordinator for approval
documentation showing that the web services insurer is capable of meeting all
system and performance requirements detailed in §
5.607 and §
5.608 of this subchapter (relating
to Web Services Program Performance Requirements). Such documentation must
include a detailed progress report in compliance with the submitted project
plan and timeline, and other information necessary to establish compliance with
the web services program requirements. If it is determined as specified in
subsection (i) of this section that the insurer's submission does not meet all
system and performance requirements, the insurer must begin program development
to meet requirements of the database program as detailed in §
5.604 and §
5.605 of this
subchapter.
(e) Each insurer that
has met the system and performance requirements of subsection (d) of this
section must within 180 calendar days after receiving written notice of
department approval as required in subsection (c) of this section submit to the
coordinator for approval documentation showing the insurer is able to meet all
system and performance requirements detailed in §
5.607 and §
5.608 of this subchapter. Such
documentation shall include testing methodology, testing data sets, testing
results, and other information necessary to establish compliance with the web
services program requirements. If it is determined as specified in subsection
(i) of this section that the insurer's submission does not meet all system and
performance requirements, the insurer shall have 30 calendar days to comply
with the database program requirements in §
5.604 and §
5.605 of this subchapter and begin
reporting data.
(f) Following
department approval as required in subsection (e) of this section, each web
services insurer shall begin a data clean-up phase. Required data clean-up
procedures include:
(1) the web services
insurer, and/or its delegated MGA, will receive a file of registered vehicles
from TxDOT and must match insurance policy records to the file of registered
vehicles;
(2) insurance policy
records that cannot be matched to a registered vehicle will be required to
undergo a data correction process, including for errors beyond the web services
insurer's authority to correct;
(3)
as necessary, the web services insurer must contact the policyholder to confirm
or correct information as follows:
(A) within
10 calendar days of discovering the information indicated to be in error,
request from the policyholder confirmation of the insurer's existing
information or corrected information;
(B) request that the policyholder respond
within 14 calendar days; however, the insurer shall not be subject to, nor
shall the insurer subject the policyholder to, any penalty for the
policyholder's non-compliance; and
(C) make any necessary correction within 15
calendar days after receipt of a response from the policyholder;
(4) while not required, the
insurer may send additional notices concerning that non-match error to the
policyholder if the insurer does not receive a correction response from the
policyholder; however, the insurer shall not be subject to, nor shall the
insurer subject the policyholder to, any penalty for the policyholder's
non-compliance; and
(5) the web
services insurer, and/or its delegated MGA, may request a reload of TxDOT data
as needed during the data clean-up/correction process.
(g) Each web services insurer must achieve
and maintain a 95 percent match rate by January 1, 2008 and a 98 percent match
rate by January 1, 2010. The insurer and/or the vendor shall submit information
and documentation to the coordinator on request indicating whether the insurer
has achieved the required match rate. If it is determined as specified in
subsection (i) of this section that the insurer has not met the match rate and
all system and performance requirements, the insurer shall have 30 days to
comply with the database program requirements in §
5.604 and §
5.605 of this subchapter and begin
reporting data.
(h) Each insurer
approved to use the web services program must maintain all web service
requirements. The coordinator may request information from the vendor and/or
the insurer to confirm that the web services insurer is maintaining all web
service requirements. If it is determined as specified in subsection (i) of
this section that a web services insurer that has previously met all web
services requirements is unable to maintain the system and performance
requirements as required in this section and §
5.607 and §
5.608 of this subchapter the web
services insurer shall:
(1) no longer be
allowed to operate as a web services insurer; and
(i) The
procedure for determining whether an insurer has met the requirements of this
section shall be as follows:
(1) In computing
any period of time prescribed or allowed by this division, the day of the act,
event, or default after which the designated period of time begins to run shall
not be included, but the last day of the period so computed shall be included,
unless it be a Saturday, Sunday, or legal holiday, in which event the period
runs until the end of the next day which is neither a Saturday, Sunday nor a
legal holiday;
(2) On or before the
date specified in subsections (c), (d), or (e) of this section, and as
requested by the coordinator under subsections (g) or (h) of this section, the
insurer shall submit all specifications, documentation, and other data to the
coordinator;
(3) Within 14 calendar
days of submission by the insurer, the coordinator shall review the submission
and provide written notification to the insurer if the submission is determined
to be in compliance or if it fails to meet the requirements;
(4) If the coordinator notifies the insurer
that the submission fails to meet the requirements, the insurer may appeal to
the commissioner for review of the coordinator's decision by making a written
request to the coordinator within 20 calendar days of the date the insurer
receives the coordinator's written decision. The written request for review
must provide a rebuttal of the coordinator's written decision. If the insurer
does not appeal the coordinator's written decision within the 20 calendar day
period, the coordinator's written decision shall become final; and
(5) Within 14 calendar days of receiving the
rebuttal, the commissioner, or the commissioner's authorized representative,
shall make a written determination on the basis of the original submission, the
coordinator's written decision, and the insurer's rebuttal.
(j) A decision under subsection
(i)(5) of this section may be appealed under Texas Insurance Code §
36.201.
(k) An appeal to the commissioner under
subsection (i) of this section does not stay or extend the period for
compliance with the database program under subsections (c), (d), (e), (g), and
(h) of this section.
Notes
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