Texas Insurance Code Title 5, Chapter 562 - Unfair Methods Of Competition And Unfair Or Deceptive Acts Or Practices Regarding Discount Health Care Programs

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 562.001 - Purpose
  The purpose of this chapter is to regulate trade practices in the business of discount health care programs by: (1) defining or providing for the...
• Texas Section 562.002 - Definitions
  In this chapter: (1) "Advertisement, solicitation, or marketing material" means material that is made, published, disseminated, circulated, or placed before the public: (A) in a...
• Texas Section 562.003 - Venue For Actions Involving Department Or Commissioner
  An action under this chapter in which the department or commissioner is a party must be brought in a district court in Travis County. Added...
• Texas Section 562.004 - Applicability
  Except as otherwise provided by this chapter, a program operator, including the operator of a freestanding discount health care program or a discount health care...
• Texas Section 562.0041 - Exemption
  This chapter does not apply to a health care sharing ministry operated under Chapter 1681. Added by Acts 2013, 83rd Leg., R.S., Ch. 455 (S.B....

SUBCHAPTER B UNFAIR METHODS OF COMPETITION AND

• Texas Section 562.005 - Liberal Construction
  This chapter shall be liberally construed and applied to promote the underlying purposes as provided by Section 562.001. Added by Acts 2009, 81st Leg., R.S.,...
• Texas Section 562.051 - Misrepresentation Regarding Discount Health Care Program
  It is an unfair method of competition or an unfair or deceptive act or practice in the business of discount health care programs to: (1)...
• Texas Section 562.052 - False Information And Advertising
  It is an unfair method of competition or an unfair or deceptive act or practice in the business of discount health care programs to make,...
• Texas Section 562.053 - Failure To Register Or Renew Registration; False Registration Or Renewal Statement
  (a) It is an unfair method of competition or an unfair or deceptive act or practice in the business of discount health care programs to:...
• Texas Section 562.054 - Misrepresentation Of Discount Health Care Programs
  It is an unfair method of competition or an unfair or deceptive act or practice in the business of discount health care programs to misrepresent...
• Texas Section 562.055 - Network Participation Requirements
  (a) It is an unfair method of competition or an unfair or deceptive act or practice in the business of discount health care programs for...

SUBCHAPTER C REGULATION OF PRACTICES

• Texas Section 562.056 - Certain Methods Of Promotions
  (a) It is an unfair method of competition or an unfair or deceptive act or practice in the business of discount health care programs for...
• Texas Section 562.101 - Unfair Methods Of Competition And Unfair Or Deceptive Acts Or Practices Prohibited
  A person may not engage in this state in a trade practice that is defined in this chapter as or determined under this chapter to...
• Texas Section 562.102 - Prohibited Content Of Certain Discount Health Care Program Advertising, Solicitation, Or Marketing
  Notwithstanding any other provision of this code, it is unlawful for a program operator or marketer to advertise, solicit, or market a discount health care...
• Texas Section 562.103 - Program Operator Duties
  (a) A program operator shall: (1) provide a toll-free telephone number and Internet website for members to obtain information about the discount health care program...
• Texas Section 562.104 - Marketing Of Program
  (a) A program operator may market directly or contract with marketers for the distribution of the program operator's discount health care programs. (b) A program...
• Texas Section 562.105 - Contract Requirements
  (a) A program operator shall contract, directly or indirectly, with a provider offering discounted health care services or products under the discount health care program....

SUBCHAPTER D DETERMINATION OF UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS OR PRACTICES; ENFORCEMENT; SANCTIONS AND PENALTIES

• Texas Section 562.106 - Submission Of Materials
  If the commissioner reasonably believes that a program operator or a marketer may not be operating in compliance with this chapter, the commissioner by order...
• Texas Section 562.151 - Examination And Investigation
  The department may examine and investigate the affairs of a person engaged in the business of discount health care programs in this state to determine...
• Texas Section 562.152 - Statement Of Charges; Notice Of Hearing
  (a) When the department has reason to believe that a person engaged in the business of discount health care programs in this state has engaged...
• Texas Section 562.153 - Hearing
  A person against whom charges are made under Section 562.152 is entitled at the hearing on the charges to have an opportunity to be heard...
• Texas Section 562.154 - Hearing Procedures
  (a) Nothing in this chapter requires the observance of formal rules of pleading or evidence at a hearing under this subchapter. (b) At a hearing...
• Texas Section 562.155 - Record Of Hearing
  (a) At a hearing under this subchapter, the department may, and at the request of a party to the hearing shall, make a record of...
• Texas Section 562.156 - Compliance With Subpoena
  (a) If a person refuses to comply with a subpoena issued in connection with a hearing under this subchapter or refuses to testify with respect...
• Texas Section 562.157 - Determination Of Violation
  After a hearing under this subchapter to determine whether a person has engaged in an unfair method of competition or unfair or deceptive act or...
• Texas Section 562.158 - Cease And Desist Order
  On determining that a person committed a violation described by Section 562.157 or committed a violation of Subchapter B or C, the department shall: (1)...
• Texas Section 562.159 - Modification Or Setting Aside Of Order
  On the notice and in the manner the department determines proper, the department may modify or set aside wholly or partly a cease and desist...
• Texas Section 562.160 - Administrative Penalty For Violation Of Cease And Desist Order
  (a) A person who violates a cease and desist order issued under Section 562.158 is subject to an administrative penalty under Chapter 84. (b) In...

SUBCHAPTER E ENFORCEMENT BY ATTORNEY GENERAL

• Texas Section 562.161 - Civil Penalty For Violation Of Cease And Desist Order
  (a) A person who is found by a court to have violated a cease and desist order issued under Section 562.158 is liable to the...
• Texas Section 562.201 - Injunctive Relief
  (a) The attorney general may bring an action under this section if the attorney general has reason to believe that: (1) a person engaged in...
• Texas Section 562.202 - Venue For Injunctive Action
  An action for an injunction under this subchapter may be commenced in a district court in: (1) the county in which the person against whom...
• Texas Section 562.203 - Issuance Of Injunction
  (a) The court may issue an appropriate temporary or permanent injunction. (b) The court shall issue the injunction without bond. Added by Acts 2009, 81st...
• Texas Section 562.204 - Civil Penalty
  In addition to requesting a temporary or permanent injunction under Section 562.201, the attorney general may request a civil penalty of not more than $20,000...
• Texas Section 562.205 - Compensation Or Restoration
  The court may make an additional order or judgment as necessary to compensate an identifiable person for actual damages or for restoration of money or...
• Texas Section 562.206 - Civil Penalty For Violation Of Injunction
  (a) A person who violates an injunction issued under this subchapter is liable for and shall pay to the state a civil penalty of not...

SUBCHAPTER F ASSURANCE OF VOLUNTARY COMPLIANCE

• Texas Section 562.207 - Remedies Not Exclusive
  The remedies provided by this subchapter: (1) are not exclusive; and (2) are in addition to any other remedy or procedure provided by another law...
• Texas Section 562.251 - Acceptance Of Assurance
  (a) In administering this chapter, the department may accept assurance of voluntary compliance from a person who is engaging in, has engaged in, or is...
• Texas Section 562.252 - Effect Of Assurance
  (a) An assurance of voluntary compliance is not an admission of a prior violation of this chapter or Section 17.46, Business & Commerce Code. (b)...

SUBCHAPTER G CONSTRUCTION OF CHAPTER WITH OTHER LAWS

• Texas Section 562.253 - Reopening
  A matter closed by the filing of an assurance of voluntary compliance may be reopened at any time. Added by Acts 2009, 81st Leg., R.S.,...
• Texas Section 562.301 - Liability Under Other Law
  An order of the department under this chapter, or an order by a court to enforce that order, does not relieve or absolve a person...
• Texas Section 562.302 - Powers In Addition To Other Powers Authorized By Law
  The powers vested in the department and the commissioner by this chapter are in addition to any other powers to enforce a penalty, fine, or...
• Texas Section 562.303 - Double Recovery Prohibited
  A person may not recover damages and penalties for the same act or practice under both this chapter and another law. Added by Acts 2009,...

Last modified: September 28, 2016