Sec. 1501.104. AFFILIATION PERIOD. (a) In this section, "affiliation period" means a period that, under a small or large employer health benefit plan offered by a health maintenance organization, must expire before the coverage becomes effective.
(b) A health maintenance organization may impose an affiliation period if the period is applied uniformly without regard to any health status related factor. The affiliation period may not exceed:
(1) two months for an enrollee, other than a late enrollee; or
(2) 90 days for a late enrollee.
(c) An affiliation period under a small or large employer health benefit plan must run concurrently with any applicable waiting period under the plan. A health maintenance organization must credit an affiliation period against any preexisting condition provision period.
(d) During an affiliation period, a health maintenance organization:
(1) is not required to provide health care services or benefits to the participant or beneficiary; and
(2) may not charge a premium to the participant or beneficiary.
(e) A health maintenance organization may use an alternative method approved by the commissioner to address adverse selection.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1, 2005.
Structure Texas Statutes
Title 8 - Health Insurance and Other Health Coverages
Subtitle G - Health Coverage Availability
Chapter 1501 - Health Insurance Portability and Availability Act
Subchapter C. Provision of Coverage
Section 1501.101. Geographic Service Areas
Section 1501.102. Preexisting Condition Provision
Section 1501.103. Treatment of Certain Conditions as Preexisting Prohibited
Section 1501.104. Affiliation Period
Section 1501.105. Waiting Period Permitted
Section 1501.106. Certain Limitations or Exclusions of Coverage Prohibited
Section 1501.107. Discounts, Rebates, and Reductions
Section 1501.108. Renewability of Coverage; Cancellation
Section 1501.109. Refusal to Renew; Discontinuation of Coverage
Section 1501.110. Notice to Covered Persons
Section 1501.111. Written Statement of Denial, Cancellation, or Refusal to Renew Required