Texas Insurance Code - Not Codified - Article 29.09. Approval Process By Attorney General
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Art. 29.09. APPROVAL PROCESS BY ATTORNEY GENERAL.
Text of article effective until September 1, 2007
(a) The attorney general shall either approve or disapprove
an initial filing, supplemental filing, or a proposed contract
within 30 days of each filing. If disapproved, the attorney general
shall furnish a written explanation of any deficiencies along with
a statement of specific remedial measures as to how such
deficiencies could be corrected. A representative who fails to
obtain the attorney general's approval is deemed to act outside the
authority granted under this article.
(b) The attorney general shall approve a request to enter
into joint negotiations or a proposed contract if the attorney
general determines that the applicants have demonstrated that the
likely benefits resulting from the joint negotiation or proposed
contract outweigh the disadvantages attributable to a reduction in
competition that may result from the joint negotiation or proposed
contract. The attorney general shall consider physician
distribution by specialty and its effect on competition. The joint
negotiation shall represent no more than 10 percent of the
physicians in a health benefit plan's defined geographic service
area except in cases where in conformance with the other provisions
of this subsection conditions support the approval of a greater or
lesser percentage.
(c) An approval of the initial filing by the attorney
general shall be effective for all subsequent negotiations between
the parties specified in the initial filing.
(d) If the attorney general does not issue a written
approval or rejection of an initial filing, supplemental filing, or
proposed contract within the specified time period, the applicant
shall have the right to petition a district court for a mandamus
order requiring the attorney general to approve or disapprove the
contents of the filing forthwith. The petition shall be filed in a
district court in Travis County.
Added by Acts 1999, 76th Leg., ch. 1586, Sec. 1, eff. Sept. 1, 1999.
Article: 29.02 29.03 29.04 29.05 29.06 29.07 29.08 29.09 29.10 29.11 29.12 29.13 29.14 21A.001 21A.002
Last modified: August 11, 2007
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