SECTION 7.1615. Transfer of Books and Records

(a) Unless otherwise approved by the commissioner, no later than 30 days from the date of the termination of the relationship or written agreement between an insurer, HMO, plan sponsor, or group and an administrator, the administrator shall provide a complete and accurate original set or a complete and accurate copy or image of the original set of the insurer's, HMO's, plan sponsor's, or group's books and records:

(1) to a successor administrator; or

(2) if there is not a successor administrator or if the successor administrator is unknown at the time of the required transfer, to the insurer, HMO, plan sponsor, or group.

(b) The books and records must be transferred in an organized and usable manner.

(c) The allocation of the payment of costs associated with providing a complete and accurate original set or a complete and accurate copy or image of the original set of an insurer's books and records shall be addressed in the written agreement between the insurer and the administrator under §7.1613 of this subchapter (relating to Written Agreements Between Administrators and Insurers).

(d) An administrator shall provide written notice to the department of the termination of a relationship or written agreement with an insurer, HMO, plan sponsor, or group no later than 30 days from the date the administrator first learns of the termination.

(e) If a relationship between an administrator subcontractor and an administrator contractor terminates, the administrator subcontractor may meet the requirements of this section by:

(1) providing a complete and accurate original set or a complete and accurate copy or image of the original set of the insurer's, HMO's, plan sponsor's, or group's books and records to the administrator contractor; and

(2) providing written notice to the department of the termination of the relationship or written agreement with the administrator contractor no later than 30 days from the date the administrator subcontractor first learns of the termination.

Source Note: The provisions of this §7.1615 adopted to be effective June 25, 2009, 34 TexReg 4143