SECTION 7.1612. Fiduciary Bank Accounts

(a) Pursuant to the Insurance Code §4151.106(b), an administrator shall hold all premium in a fiduciary capacity.

(b) An administrator collecting or receiving any premium shall comply with the Insurance Code §§4151.105, 4151.106, 4151.107, and 4151.108 and this section. An administrator who receives any premium on behalf of an insurer, HMO, plan sponsor, or group shall report the receipt of that premium to the insurer, HMO, plan sponsor, or group within a reasonable amount of time.

(c) An administrator shall establish at least one fiduciary bank account to hold any premium collected or received pursuant to this section.

(d) A fiduciary bank account required by subsection (c) of this section must be established and styled as an escrow account.

(e) An administrator shall maintain each fiduciary bank account at a financial institution that is organized under the laws of the United States or any state thereof, and is regulated, supervised, and examined by United States federal or state authorities having regulatory authority over banks and trust companies. A fiduciary bank account may only consist of one or more of the following types of investments:

(1) cash and cash equivalents, including savings accounts, checking accounts, money market accounts, and certificates of deposit;

(2) non-assessable money market mutual funds that are primarily invested in United States government securities; and

(3) other investments of substantially similar quality, as approved by the commissioner.

(f) An administrator shall maintain detailed accounting records for each fiduciary bank account that separately:

(1) record each deposit and withdrawal from the account; and

(2) identify each insurer, HMO, plan sponsor, or group for whom the account is maintained.

(g) Upon the reasonable request of an insurer, HMO, plan sponsor, or group, an administrator shall provide the insurer, HMO, plan sponsor, or group a copy of all records relating to the account activity of the insurer, HMO, plan sponsor, or group in a fiduciary bank account established or maintained by the administrator on behalf of the insurer, HMO, plan sponsor, or group.

(h) All records maintained by an administrator relating to any premium shall be subject to examination by the commissioner upon request.

(i) Pursuant to the Insurance Code §4151.109, an administrator may not pay a claim from a fiduciary bank account.

(j) This subsection does not authorize any transaction that is otherwise prohibited by law.

Source Note: The provisions of this §7.1612 adopted to be effective June 25, 2009, 34 TexReg 4143