Sec. 4151.113. ACCESS TO BOOKS AND RECORDS. (a) For the purpose of examination, audit, and inspection, the administrator shall provide to the commissioner and the commissioner's designee access to the books and records maintained as required by Section 4151.112.
(b) A trade secret, including the identity and address of a policyholder, certificate holder, or injured employee, is confidential, except the commissioner may use that information in a proceeding against the administrator.
(c) An insurer, plan, or plan sponsor is entitled to continuing access to the books and records sufficient to permit the insurer, plan, or plan sponsor to fulfill a contractual obligation to an insured or plan participant. The right provided by this subsection is subject to any restriction included in the written agreement relating to the parties' proprietary rights to the books and records.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1176 (H.B. 472), Sec. 1.14, eff. September 1, 2007.
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