Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003 Page: 2,882
2821-2988 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
(g) [(e)] The workers' compensationinsurance coverage shall
be extended until the effective date of withdrawal as established in sub-
section (f)[(d)] of this section, and the employer is obligated to pay pre-
miums which accrue during this period.
(h) [(f)] Insurance carriers are required to provide insurance
coverage information for insured Texas employers in accordance with
subsection (d) [(b)] of this rule as follows:
(1) within ten days after the effective date of coverage or
endorsement and annually thereafter no later than ten days after the
anniversary date of coverage;
(2) 30 days prior to the date on which cancellation or non-
renewal becomes effective if the insurance carrier cancels[,]the work-
ers' compensation insurance coverage, [er] does not renew the work-
ers compensation insurance coverage[, an e.wloyer's workers' eeom-
pei~v~in- average] on the anniversary date, or cancels a binder before
it issues a policy; [er]
(3) ten days prior to the date on which the cancellation be-
comes effective if the insurance carrier cancels an employer's work-
ers' compensation coverage in accordance with Texas Labor Code,
406.008(a)(2); or[.]
(4) within ten days after receiving notice of the effective
date of cancellation from the covered employer because the employer
switched workers' compensation insurance carriers.
(i) [(g)] Workers' compensation insurance [Insuranee] cover-
age remains in effect until the later of:
(1) the end of the policy period, or
(2) the date the commission and the employer receive the
notification from the insurance carrier of coverage cancellation or non-
renewal and the later of:
(A) the date 30 days after receipt of the notice required
by Texas Labor Code, 406.008(a)(1);
(B) the date ten days after receipt of the notice required
by Texas Labor Code, 406.008(a)(2); or
(C) the effective date of the cancellation if later than the
date in paragraphs (1) or (2) of this subsection.
) [(h)] "Claim administration contact" as it applies to this
chapter is the person responsible for identifying or confirming an em-
ployer's coverage information with the commission. Each insurance
carrier shall file a notice with the commission of their designated claim
administration contact not later than the 10th day after the date on
which the coverage or claim administration agreement takes effect. A
single administration address for the purpose of identifying or con-
firming an employer's coverage status shall be provided. If the single
claims administration contact address changes, the insurance carrier
shall provide the new address to the commission at least 30 days in ad-
vance of the change taking effect. This information shall be filed in the
form and manner prescribed by the commission.
(k) [(i)] An insurance carrier may elect to have a servicing
agent process and file all coverage information, but the insurance car-
rier remains responsible for meeting all filing requirements of this rule.
(1) [#j)] Notwithstanding the other provisions of this section,
if an employer switches workers' compensation insurance carriers, the
original policy is considered canceled as of the date the new coverage
takes effect. Employers shall notify the prior insurance carrier of the
cancellation date of the original policy, in writing, within ten days of
the effective date.This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on March 24, 2003.
TRD-200301885
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Earliest possible date of adoption: May 4, 2003
For further information, please call: (512) 804-4287
CHAPTER 124. CARRIERS: REQUIRED
NOTICES AND MODE OF PAYMENT
28 TAC 124.2
The Texas Workers' Compensation Commission (the commis-
sion) proposes amendments to 124.2, concerning Carrier Re-
porting and Notification Requirements.
In order to properly execute its responsibilities under the Texas
Labor Code, the commission must associate reported workers'
compensation claims with the coverage information reported
by the insurance carrier (as defined in Texas Labor Code
401.011(27)) under 110.1 of this title (related to Require-
ments for Notifying the Commission of Insurance Coverage).
To facilitate this process and allow for its automation, the com-
mission proposes to modify 124.2(c)(1) to require that specific
items of coverage information (the insurance carrier's Federal
Employer Identification Number (FEIN), the employer's policy
number and the policy period) be reported by the insurance
carrier in conjunction with the information from the Employer's
First Report of Injury and that this information be identical with
that reported under 110.1 for the employer associated with the
claim.
Section 124.2(c)(4) is proposed to be modified to require that
the items of coverage information specified in 124.2(c)(1) be re-
ported to the commission through a "Change" transaction if they
are not available when the First Report of Injury is submitted.
The provisions for reporting the required coverage information
are already incorporated in the International Association of In-
dustrial Accident Boards and Commissions (IAIABC) Electronic
Data Interface First Report of Injury currently in use by the com-
mission pursuant to subsection (b) of the rule. No changes to
the current First Report of Injury record layout are required by
the proposed rule.
Analysis of the commission's database indicates that of the first
reports of injury submitted by EDI, all of them contain the car-
rier's FEIN (mandatory field), approximately 86 percent contain
the policy number, and approximately 70 percent contain the pol-
icy period information. However, of the first reports of injury con-
taining the policy number, in only 58 percent of the cases does
the policy number match the policy number reported through the
coverage reporting system. This rule change is designed to em-
phasize the importance of consistent reporting of these key data
elements which will enable the automated association of claim
and coverage information in the commission's new automation
system (TXCOMP).
All participants in the workers' compensation system interact
with the insurance carrier (as defined in Texas Labor Code28 TexReg 2882 April 4, 2003 Texas Register
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Secretary of State. Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003, periodical, April 4, 2003; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101027/m1/61/: accessed May 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.