Texas Insurance Code - Section 38.301. Insurer Data Reporting
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§ 38.301. INSURER DATA REPORTING. (a) Each insurer that
writes professional liability insurance policies for nursing
institutions licensed under Chapter 242, Health and Safety Code,
including an insurer whose rates are not regulated, shall, as a
condition of writing those policies in this state, comply with a
request for information from the commissioner under this section.
(b) The commissioner may require information in rate
filings, special data calls, or informational hearings or by any
other means consistent with this code applicable to the affected
insurer that the commissioner believes will allow the commissioner
to:
(1) determine whether insurers writing insurance
coverage described by Subsection (a) are passing to insured nursing
institutions on a prospective basis the savings that accrue as a
result of the reduction in risk to insurers writing that coverage
that will result from legislation enacted by the 77th Legislature,
Regular Session, including legislation that:
(A) amended Article 5.15-1 to limit the exposure
of an insurer to exemplary damages for certain claims against a
nursing institution; and
(B) amended Sections 32.021(i) and (k), Human
Resources Code, added Section 242.050, Health and Safety Code, and
repealed Section 32.021(j), Human Resources Code, to clarify the
admissibility of certain documents in a civil action against a
nursing institution; or
(2) prepare the report required of the commissioner
under Section 38.252 or any other report the commissioner is
required to submit to the legislature in connection with the
legislation described by Subdivision (1).
(c) Information provided under this section is privileged
and confidential to the same extent as the information is
privileged and confidential under this code or any other law
governing an insurer described by Subsection (a). The information
remains privileged and confidential unless and until introduced
into evidence at an administrative hearing or in a court of
competent jurisdiction.
Added by Acts 2001, 77th Leg., ch. 1284, § 4.01, eff. June 15,
2001. Renumbered from V.T.C.A., Insurance Code § 38.251 by Acts
2003, 78th Leg., ch. 1276, § 10A.501, eff. Sept. 1, 2003.
Section: 38.205 38.206 38.207 38.251 38.252 38.253 38.254 38.301 38.302 39.001 39.002 39.003 40.001 40.002 40.003
Last modified: August 11, 2007
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