SECTION 3.3110. Effective Date; Applicability of Certain Provisions to Policies Deemed Continuous under Insurance Code

(a) The sections of this subchapter, as amended and adopted by the commissioner, will be effective 20 days from the date they are filed with the Office of the Secretary of State and be applicable to all individual accident and sickness insurance policies and subscriber contracts of hospital and medical and dental service associations delivered, issued for delivery, or renewed on and after such date. Individual accident and sickness insurance policies and subscriber contracts of hospital and medical and dental service associations, delivered, issued for delivery, or renewed in this state prior to the effective date of this section are subject to the regulations in effect at the time the policy or contract was delivered, issued for delivery, or renewed.

(b) In regard to policies issued before December 22, 1997, and deemed continuous and not annually renewed pursuant to Insurance Code §1202.001:

(1) Such policies will be considered "renewed" for the purposes of complying with the mandatory guaranteed renewability provisions of this subchapter, if applicable to the coverage offered in such policies, as set forth in §3.3020 of this title (relating to Policy Definition of Guaranteed Renewable and Limited Guarantee of Renewability) and §3.3038 of this title (relating to Mandatory Guaranteed Renewability Provisions for Individual Hospital, Medical or Surgical Coverage; Exceptions), on the first policy anniversary date after December 22, 1997.

(2) Such policies will not be subject to any other provisions of this subchapter, unless the statutory period of continuity prescribed by Insurance Code §1202.001 ends, and the policy is then renewed. During such period of continuity, the policies will continue to be subject to applicable rules as they existed prior to December 22, 1997.

Source Note: The provisions of this §3.3110 adopted to be effective January 26, 1977, 2 TexReg 159; amended to be effective January 2, 1978, 2 TexReg 4943; amended to be effective December 22, 1997, 22 TexReg 12503; amended to be effective May 11, 2022, 47 TexReg 2758