SECTION 21.4807. Noninsurance Benefits Composed of Certain Discount Programs

(a) A noninsurance benefit may consist in whole or in part of discount cards for health care programs, vision care programs, dental care programs, prescriptions, physical fitness programs or facilities, or other similar programs.

(b) Noninsurance benefits which include, in whole or in part, discount health care programs and discount health care program operators are subject to the provisions in paragraphs (1) and (2) of this subsection.

(1) Noninsurance benefits offered or provided prior to April 1, 2010, which include, in whole or in part, discount health programs and discount health care program operators as defined in the Health and Safety Code §76.001, are subject to the provisions of the Health and Safety Code Chapter 76, any administrative rules adopted by the Texas Department of Licensing and Regulation implementing that chapter, and any orders entered by the Executive Director or Commission to administer and enforce the chapter.

(2) Noninsurance benefits offered or provided on or after April 1, 2010, which include, in whole or in part, discount health programs and discount health care program operators as defined in the Insurance Code §562.002 and §7001.001, are subject to the provisions of the Insurance Code Chapters 562 and 7001, any administrative rules adopted by the Commissioner of Insurance, and any orders entered by the commissioner to administer and enforce the chapters.

Source Note: The provisions of this §21.4807 adopted to be effective January 4, 2010, 35 TexReg 99