Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012 Page: 5,582
5519-5676 p. ; 28 cm.View a full description of this periodical.
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to both insurance carriers and employers now that related re-
quirements are in separate rules.
New 110.105(f) provides a January 1, 2013 effective date for
this rule. This adopted amendment is necessary in order to pro-
vide additional time to those affected by the changes to imple-
ment these changes.
The Division has adopted these new and amended rules with
changes to the text as originally proposed, most of which were
made in response to public comment on the proposal. First,
the Division made several changes in 110.1. In response to
comment, the Division changed the language in 110.1(b) from
"and, if so, information about the means of workers' compensa-
tion insurance coverage used" to "and, if so, information about
the method of workers' compensation insurance coverage used."
This change makes rule text consistent with terminology in Labor
Code 406.003 which is titled "Methods of Obtaining Coverage."
The Division also added new 110.1 (j) which provides a January
1, 2013 effective date for this rule. This adopted amendment is
necessary in order to provide additional time to those affected
by the changes to implement these changes.
The Division also made several changes in 110.7 in response
to public comment. First, the Division in 110.7(a) added a defi-
nition of "health plan" as "a political subdivision contracting with
health care providers under Labor Code 504.053(b)(2)" to pro-
vide clarity of the term as used and in anticipation of future re-
lated inquiries. The Division in response to comment also re-
moved the July 1, 2012 effective date for this rule and deleted
former 110.7(c) which read "A self-insured political subdivision
that provides medical benefits to its injured employees in the
manner described by Labor Code 504.053(b)(2) as of the ef-
fective date of this section shall provide the notice required by
this section not later than the 30th day after the effective date
of this section." The Division replaced the deleted text with "A
self-insured political subdivision that provides medical benefits
to its injured employees in the manner described by Labor Code
504.053(b)(2) as of the effective date of this section shall pro-
vide the notice required by this section not later than December
31, 2012." Also, deleting the July 1, 2012 effective date will cause
this rule to be effective 20 days after it is filed with the Secretary
of State. These changes will provide a longer and more man-
ageable implementation window for affected self-insured politi-
cal subdivisions. The Division also re-lettered 110.7 to reflect
these changes.
The Division also made several changes to the text in 110.101
as proposed. In response to comment, the Division changed
language in 110.101(b)(2) from "by the employer who is termi-
nating workers' compensation insurance coverage, at the time
the employer notifies the insurance carrier of the termination" to
"by the employer who is terminating workers' compensation in-
surance coverage, at the time the employer's termination of cov-
erage takes effect. . ." In addition, the Division in tandem also
changed text in 110.101(b)(3) from "by the self-insurer as pro-
vided by the Act, who is withdrawing from self-insurance, at the
time the division is notified of the withdrawal" to "by the self-in-
surer as provided by the Act, who is withdrawing from self-in-
surance, at the time the withdrawal takes effect." The Division
made these changes to ensure that employees obtain the most
accurate and up-to-date information regarding their employer's
workers' compensation insurance coverage status and to more
closely align this rule with Labor Code 406.005(c) which re-
quires an employer to revise the notice when the information
contained in the notice is changed.Additionally, the Division, in response to comment, updated the
posting notices contained in 110.101(e)(1) - (3) from "You can
obtain OIEC's assistance by contacting your local Division field
office or by calling 1-866-EZE-OIEC (1-866-393-6432)" to "You
can obtain OIEC's assistance by contacting an OIEC customer
service representative in your local Division field office or by call-
ing 1-866-EZE-OIEC (1-866-393-6432)." The Division amended
this language for clarity but notes that under either language
draft, an injured employee will be contacting and connecting with
the same resources.
Also in response to comment, the Division modified the text in
110.101(c) to state that on or after the effective date of this
rule, notices shall contain the specific text required by this rule.
The Division also added new 110.101(g), providing a January
1, 2013 effective date for this rule. This adopted amendment is
necessary in order to provide additional time to those affected
by the changes to implement these changes.
The Division also made changes in the text of 110.103. Specif-
ically, the Division proposed subsection (c) as follows ". . . re-
quired by this section is considered timely filed with the division
only when it contains all of the data elements specified under
subsection (b) of this section, contains accurate information, and
is received by the division." The Division changed this language
to read as follows ". .. required by this section is considered filed
with the division only when it accurately contains all of the data
elements specified under subsection (b) of this section and is
received by the division." The adopted non-substantive amend-
ments prevent any potential for confusion as to when a report of
injury must be filed by the employer.
Finally, the Division made changes to 110.105 that were
not in response to comment. Specifically, the Division added
110.105(f), adding a January 1, 2013 effective date for this
rule. This adopted amendment is necessary in order to provide
additional time to those affected by the changes to implement
these changes and is also consistent with the effective date
of amended 110.1 which previously contained the reporting
requirements for employers who terminate a workers' compen-
sation insurance policy.
Section 110.1
Section 110.1 updates requirements for an insurance company,
certified self-insurer, workers' compensation self-insurance
group under Labor Code Chapter 407A, and a political subdivi-
sion to notify the Division of Workers' Compensation insurance
coverage information. This section contains detailed explana-
tions of commonly used terminology in the section, including
approved workers' compensation insurance policy, workers'
compensation insurance coverage information, and claim
administration contact. This section requires an insurance
company, certified self-insurer, workers' compensation self-in-
surance group under Labor Code Chapter 407A, and a political
subdivision to submit to the Division, or its designee, workers'
compensation insurance coverage information in the form and
manner prescribed by the Division.
This section prescribes specific provisions for when workers'
compensation insurance coverage information shall be provided
to the Division, for specific covered groups: by an insurance
company, certified self-insurer, workers' compensation self-in-
surance group under Labor Code Chapter 407A, and a political
subdivision within 10 days after the effective date of cover-
age and annually thereafter no later than 10 days after the
anniversary date of coverage; by the insurance company, 3037 TexReg 5582 July 27, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012, periodical, July 27, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243959/m1/62/: accessed May 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.