Texas Administrative Code (Last Updated: March 27,2024) |
TITLE 28. INSURANCE |
PART 1. TEXAS DEPARTMENT OF INSURANCE |
CHAPTER 5. PROPERTY AND CASUALTY INSURANCE |
SUBCHAPTER A. AUTOMOBILE INSURANCE |
DIVISION 7. FINANCIAL RESPONSIBILITY VERIFICATION PROGRAM |
SECTION 5.605. Data Error Correction Requirements for Insurers Using the Database Program
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(a) Each database insurer shall investigate and correct data errors identified by the vendor as required in subsection (e) of this section. (b) Each database insurer shall provide sufficient and accurate data to meet and maintain a 95 percent match rate beginning January 1, 2008 and a 98 percent match rate beginning January 1, 2010. (c) The database insurer must be able to receive notice of data errors in the same manner that data is transmitted to the vendor, or a method that is mutually agreed upon by the vendor and the insurer. (d) Insurers must re-submit corrected data. (e) The database insurer, and/or its delegated MGA, shall receive notice of the following data errors from the vendor, and shall comply with the following data correction procedures: (1) for data file format errors, the database insurer will have three business days to correct errors and resubmit the entire data file to the vendor; and (2) for insurance policy records not matched to a registered vehicle, the vendor will send the insurer, and/or its delegated MGA, non-match notices: (A) upon receipt of the first non-match notice from the vendor, including notice for errors beyond the database insurer's authority to correct, the insurer must: (i) within 10 calendar days of receipt of the non-match notice, request from the policyholder confirmation of the insurer's existing information or corrected information; (ii) request that the policyholder respond within 14 calendar days; however, the insurer shall not be subject to, nor shall the insurer subject the policyholder to, any penalty for the policyholder's non-compliance; and (iii) send any correction(s) received from the policyholder to the vendor within the next two regularly scheduled data transmissions; and (B) upon receipt of the second notice of the non-match error from the vendor, the insurer may, but is not required to, provide additional notices to the policyholder concerning that non-match error. (f) Each database insurer must maintain a record of its data correction activities and determinations for review by the vendor and the department for four years. The records may be stored electronically. (g) Each database insurer must assist the vendor in auditing the database program, including responding to vendor requests for confirmation of policy records matched to a registered vehicle using cascading data matching. Source Note: The provisions of this §5.605 adopted to be effective December 5, 2006, 31 TexReg 9730