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TITLE 28 - INSURANCE
PART 1 - TEXAS DEPARTMENT OF INSURANCE
CHAPTER 26 - EMPLOYER-RELATED HEALTH BENEFIT PLAN REGULATIONS
SUBCHAPTER D - COOPERATIVES
SECTION/RULE §26.426 - Rescission of Election
Chapter Review Date 06/08/2021

(a) A health group cooperative may rescind its election to admit eligible single-employee business members only if the:(1) election has been effective for at least two years, except as provided by subsection (b) of this section;(2) health group cooperative files notice of the rescission with the commissioner not later than the 180th day before the effective date of the rescission; and(3) health group cooperative provides written notice of termination of coverage to all eligible single-employee business members of the cooperative not later than the 180th day before the effective date of the termination.(b) A health group cooperative may rescind its election to admit eligible single-employee business members before the second anniversary of the effective date of the election by showing good cause in a written request to TDI that includes the:(1) description of the specific circumstance requiring early rescission of the election, supported by any evidence of the cooperative's undue financial or operational hardship;(2) geographical area in which the cooperative operates;(3) total number of lives covered through the cooperative and the number of lives covered by enrollment of single-employer business members that will be affected by the rescission; and(4) a signature by an authorized officer of the cooperative.(c) A health group cooperative that rescinds its election under this division may choose to permit existing single-employee business members to maintain their membership and coverage but only if all single-employee business members are provided the same opportunity.(d) A health group cooperative that has rescinded an election under this division may not reelect to accept eligible single-employee businesses to join the cooperative before the fifth anniversary of the effective date of the rescission.

Source Note: The provisions of this §26.426 adopted to be effective May 17, 2017, 42 TexReg 2539.

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