Sec. 1501.307. SYSTEM POWERS. (a) The system has the general powers and authority granted under state law to an insurer or a health maintenance organization authorized to engage in business, except that the system may not directly issue a health benefit plan.
(b) The system may:
(1) enter into contracts necessary or proper to implement this subchapter, including, with the commissioner's approval, contracts with similar programs of other states for the joint performance of common functions or with persons or other organizations for the performance of administrative functions;
(2) sue or be sued, including taking legal action necessary or proper to recover assessments and penalties for, on behalf of, or against the system or a reinsured health benefit plan issuer;
(3) take legal action necessary to avoid the payment of improper claims against the system;
(4) issue reinsurance contracts in accordance with this subchapter;
(5) establish guidelines, conditions, and procedures for reinsuring risks under the plan of operation;
(6) establish actuarial functions as appropriate for the operation of the system;
(7) assess reinsured health benefit plan issuers in accordance with Sections 1501.319-1501.323;
(8) appoint appropriate legal, actuarial, and other committees necessary to provide technical assistance in:
(A) the operation of the system;
(B) policy and other contract design; and
(C) any other function within the authority of the system; and
(9) borrow money for a period not to exceed one year to accomplish the purposes of the system.
(c) The system is exempt from all taxes.
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 G. Reinsurance for Small Employer Health Benefit Plans
Section 1501.302. Texas Health Reinsurance System
Section 1501.3021. Authorization of Operation
Section 1501.3022. Suspension of Operation
Section 1501.303. System Board of Directors
Section 1501.304. Open Meetings; Public Information
Section 1501.305. Board Member Immunity
Section 1501.306. System Plan of Operation
Section 1501.307. System Powers
Section 1501.308. System Notes as Legal Investment for Small Employer Health Benefit Plan Issuer
Section 1501.309. System Audit
Section 1501.310. Election of Status
Section 1501.311. Change in Status
Section 1501.312. Application to Operate as Risk-Assuming Health Benefit Plan Issuer
Section 1501.313. Rescission of Approval to Operate as Risk-Assuming Health Benefit Plan Issuer
Section 1501.315. Limits on Reinsurance
Section 1501.316. Termination of Reinsurance
Section 1501.317. Application of Managed Care Procedures
Section 1501.318. Premium Rates for Reinsurance
Section 1501.319. Determination of Net Loss
Section 1501.320. Assessments to Recover Net Losses
Section 1501.321. Limits on Assessments
Section 1501.322. Adjustment to Assessments on Federally Qualified Health Maintenance Organizations
Section 1501.323. Advance Interim Assessments
Section 1501.324. Limit on Total Assessments
Section 1501.325. Estimate of Assessments; Evaluation and Protection of System