Sec. 4151.107. DELIVERY OR DEPOSIT OF CERTAIN FUNDS RECEIVED BY ADMINISTRATOR. (a) On receiving a premium, contribution, or return premium, an administrator shall:
(1) timely deliver the funds to the person entitled to the funds according to terms of the written agreement; or
(2) promptly deposit the funds in a fiduciary bank account established and maintained by the administrator.
(b) If premiums or contributions deposited in a fiduciary bank account were collected on behalf of more than one insurer, plan, or plan sponsor, the administrator shall:
(1) maintain records that clearly record separately the deposits to and withdrawals from the account on behalf of each insurer, plan, or plan sponsor; and
(2) on request of an insurer, plan, or plan sponsor, provide to the insurer, plan, or plan sponsor a copy of the records relating to deposits and withdrawals on behalf of that insurer or plan.
(c) The requirements of Subsection (b):
(1) are in addition to requirements of any other federal or state law; and
(2) do not authorize the commingling of funds if otherwise prohibited by law.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
Structure Texas Statutes
Title 13 - Regulation of Professionals
Subtitle D - Other Professionals
Chapter 4151 - Third-Party Administrators
Subchapter C. Powers and Duties of Administrators and Insurers
Section 4151.101. Written Agreement With Insurer or Plan Sponsor Required
Section 4151.102. Contents of Written Agreement
Section 4151.103. Retention of Written Agreement; Inspection by Commissioner
Section 4151.104. Notice of Use of Administrator's Services
Section 4151.1041. Referral by Insurer
Section 4151.1042. Responsibilities of Insurer; Semiannual Audit
Section 4151.105. Payments to Administrator
Section 4151.106. Certain Funds Collected or Received by Administrator
Section 4151.107. Delivery or Deposit of Certain Funds Received by Administrator
Section 4151.108. Withdrawals From Fiduciary Account
Section 4151.109. Payment of Claims From Fiduciary Account Prohibited
Section 4151.110. Underwriting Standards
Section 4151.111. Adjudication of Claims
Section 4151.112. Maintenance of Books and Records
Section 4151.113. Access to Books and Records
Section 4151.114. Disposition of Books and Records on Termination of Written Agreement