SUBCHAPTER A GENERAL PROHIBITIONS AGAINST DISCRIMINATION BY AN INSURER OR HEALTH MAINTENANCE ORGANIZATION
- Texas Section 544.001 - Applicability Of Subchapter
This subchapter applies to: (1) any legal entity engaged in the business of insurance in this state, including: (A) a capital stock insurance company; (B)...
- Texas Section 544.002 - Unfair Discrimination
(a) A person may not refuse to insure or provide coverage to an individual, refuse to continue to insure or provide coverage to an individual,...
- Texas Section 544.003 - Exceptions
(a) A person does not violate Section 544.002 by providing coverage only to persons who are required to obtain or maintain membership or qualification for...
SUBCHAPTER B OTHER GENERAL PROHIBITIONS AGAINST DISCRIMINATION BY INSURERS
- Texas Section 544.004 - Enforcement Actions
(a) A health maintenance organization or legal entity engaged in the business of insurance that is found to be in violation of or to have...
- Texas Section 544.051 - Applicability Of Subchapter
This subchapter applies to any individual, corporation, association, partnership, or other legal entity engaged in the business of insurance, including: (1) a fraternal benefit society;...
- Texas Section 544.052 - Unfair Discrimination
A person may not in any manner engage in unfair discrimination or permit unfair discrimination between individuals of the same class and of essentially the...
- Texas Section 544.053 - Exceptions
(a) A person does not violate Section 544.052 if the refusal to insure or to continue to insure, the limiting of the amount, extent, or...
SUBCHAPTER C ENGLISH FLUENCY
- Texas Section 544.054 - Judicial Action; Award By Court
(a) A person who has sustained economic damages as the result of a violation of Section 544.052 may maintain only in a Travis County district...
- Texas Section 544.101 - Definitions
In this subchapter: (1) "Health benefit plan issuer" means an insurance company, association, organization, group hospital service corporation, or health maintenance organization that delivers or...
- Texas Section 544.102 - Applicability Of Subchapter
This subchapter applies to any health insurance policy, agreement, contract, or evidence of coverage delivered or issued for delivery by a health benefit plan issuer....
SUBCHAPTER D FAMILY VIOLENCE
- Texas Section 544.103 - Prohibition On Use Of Certain Guidelines
(a) A health benefit plan issuer may not use an underwriting guideline that is based on: (1) the ability of an insured or enrollee or...
- Texas Section 544.151 - Definition
In this subchapter, "family violence" means an act between individuals who reside together or resided together in which one individual: (1) wilfully attempts to cause...
- Texas Section 544.152 - Applicability Of Subchapter
(a) This subchapter applies only to: (1) a life insurer that delivers, issues for delivery, or renews a life insurance contract or policy in this...
- Texas Section 544.153 - Prohibitions
(a) A health benefit plan issuer or life insurer may not, because of an individual's status as a victim of family violence: (1) deny coverage...
- Texas Section 544.154 - Confidentiality Of Certain Information
(a) Except as provided by Subsection (b), a health benefit plan issuer, life insurer, or person employed by or under contract with a health benefit...
- Texas Section 544.155 - Underwriting Criteria
Notwithstanding any other provision of this subchapter, a health benefit plan issuer or life insurer may underwrite a risk on the basis of an individual's...
- Texas Section 544.156 - Health Benefit Plan Issuer Or Life Insurer Not Liable For Death Or Bodily Injury
A health benefit plan issuer or life insurer that delivers, issues for delivery, or renews a health benefit plan or a life insurance policy or...
- Texas Section 544.157 - Right To Continued Coverage Unaffected
This subchapter does not affect the right of an individual to continued coverage under Subchapter G, Chapter 1251. Added by Acts 2003, 78th Leg., ch....
SUBCHAPTER E FIBROCYSTIC BREAST CONDITION
- Texas Section 544.158 - Unfair Or Deceptive Act Or Practice
A violation of this subchapter is an unfair or deceptive act or practice under Chapter 541. Added by Acts 2003, 78th Leg., ch. 1274, Sec....
- Texas Section 544.201 - Definition
In this subchapter, "health benefit plan issuer" means an insurer, a group hospital service corporation operating under Chapter 842, or a health maintenance organization operating...
- Texas Section 544.202 - Prohibition
A health benefit plan issuer may not, solely or in part because an individual has been diagnosed with or has a history of a fibrocystic...
- Texas Section 544.203 - Unfair Or Deceptive Act Or Practice
A violation of this subchapter is an unfair or deceptive act or practice under Chapter 541. Added by Acts 2003, 78th Leg., ch. 1274, Sec....
SUBCHAPTER F CHURCH PROPERTY
- Texas Section 544.204 - Payment For Disease Not Required
This subchapter does not require a health benefit plan issuer to pay benefits for fibrocystic breast disease. Added by Acts 2003, 78th Leg., ch. 1274,...
- Texas Section 544.251 - Definitions
In this subchapter: (1) "Church" means a facility that is owned by a religious organization and is used primarily for religious services. (2) "Religious organization"...
- Texas Section 544.252 - Applicability Of Subchapter
This subchapter applies to an insurer that is admitted to engage in the business of insurance and authorized to write an insurance policy providing coverage...
- Texas Section 544.253 - Prohibition
An insurer writing insurance for a church may not cancel or decline to renew an insurance policy solely because of: (1) an occurrence of arson...
SUBCHAPTER G MOLD CLAIM OR DAMAGE
- Texas Section 544.254 - Unfair Or Deceptive Act Or Practice
A violation of this subchapter is an unfair or deceptive act or practice in the business of insurance under Chapter 541. Added by Acts 2003,...
- Texas Section 544.301 - Definitions
In this subchapter: (1) "Insurer" means an insurance company, reciprocal or interinsurance exchange, mutual insurance company, capital stock company, county mutual insurance company, farm mutual...
- Texas Section 544.302 - Applicability Of Subchapter
This subchapter applies to each insurer that writes residential property insurance in this state. Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec....
- Texas Section 544.303 - Prohibition Of Certain Underwriting Decisions Based On Previous Mold Claim Or Damage
An insurer may not make an underwriting decision regarding a residential property insurance policy based on previous mold damage or a claim for mold damage...
- Texas Section 544.304 - Rules
The commissioner shall adopt rules as necessary to implement this subchapter. Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.014(a), eff. September...
SUBCHAPTER H WATER DAMAGE CLAIMS
- Texas Section 544.305 - Penalty
An insurer that violates this subchapter is subject, after notice and opportunity for hearing, to sanctions as provided by Chapters 82, 83, and 84. Added...
- Texas Section 544.351 - Purpose
The purpose of this subchapter is to protect persons and property from being unfairly stigmatized in obtaining residential property insurance by the filing of a...
- Texas Section 544.352 - Definitions
In this subchapter: (1) "Appliance" means a household device operated by gas or electric current, including hoses directly attached to the device. The term includes...
- Texas Section 544.353 - Restrictions On Use Of Claims History For Water Damage
(a) Underwriting guidelines relating to a water damage claim or claims used by an insurer shall be governed by rules adopted by the commissioner in...
SUBCHAPTER I CRIMINAL OFFENSES
- Texas Section 544.354 - Rules
The commissioner shall adopt rules to accomplish the purposes of this subchapter, including rules with regard to the definition of a water damage claim. Added...
SUBCHAPTER J PROHIBITED PRACTICES RELATING TO EXPOSURE TO ASBESTOS OR SILICA
- Texas Section 544.401 - Offense: Certain Discrimination
(a) In this section, "person" means a legal entity listed below and engaged in the business of life insurance or an officer or director of...
- Texas Section 544.451 - Definition
In this subchapter, "health benefit plan" means a plan that provides benefits for medical, surgical, or other treatment expenses incurred as a result of a...
- Texas Section 544.452 - Applicability Of Subchapter
This subchapter applies to any entity that offers a health benefit plan or an annuity or life insurance policy or contract in this state, including:...
- Texas Section 544.453 - Prohibition
An entity that offers a health benefit plan or an annuity or life insurance policy or contract may not use the fact that a person...
- Texas Section 544.501 - Definition
In this subchapter, "individual health benefit plan" means: (1) an individual accident and health insurance policy to which Chapter 1201 applies; or (2) individual health...
- Texas Section 544.502 - Limitation On Certain Inquiries
A health benefit plan issuer may ask an individual who is an applicant for an individual health benefit plan or any other person or entity...
SUBCHAPTER L CONSUMER INQUIRY
- Texas Section 544.503 - Violation Of Subchapter; Unfair Discrimination
A health benefit plan issuer who violates this subchapter engages in unfair discrimination under Subchapter B. Added by Acts 2005, 79th Leg., Ch. 748 (H.B....
- Texas Section 544.551 - Definition
In this subchapter, "consumer inquiry" has the meaning assigned by Section 551.113 for "customer inquiry." Added by Acts 2013, 83rd Leg., R.S., Ch. 570 (S.B....
- Texas Section 544.552 - Applicability
This subchapter applies only to a standard fire, homeowners, or farm and ranch owners insurance policy, including such policies written by: (1) a farm mutual...
- Texas Section 544.552 - Applicability
This subchapter applies only to: (1) a standard fire, homeowners, or farm and ranch owners insurance policy; or (2) a personal automobile insurance policy, including...
- Texas Section 544.553 - Prohibition Of Underwriting And Rating Decisions Based On Consumer Inquiry
An insurer may not: (1) use an underwriting guideline based solely on whether a consumer inquiry has been made by or on behalf of the...