Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012 Page: 5,587
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decrease non-subscriber compliance reporting problems and
increase Texas employer awareness of reporting responsibili-
ties. The commenter suggests government agencies, such as
the Texas Workforce Commission and Comptroller of Public
Accounts, as examples of agencies with which the Division
could coordinate.
Agency Response: The Division agrees that coordinating aware-
ness efforts with other state agencies, to the extent possible and
practicable, is a crucial and necessary step to fully inform all
Texas employers of reporting responsibilities. The Division has
already reached out to several agencies and associated web-
sites, including the Texas Workforce Commission, Office of the
Governor, Texas Comptroller, the Official Website of the State of
Texas (texas.gov), and Secretary of State in its information dis-
semination efforts related to these rules. These agencies have
already updated their websites to direct employers to TDI-DWC
and information regarding employer reporting requirements.
110.105: A commenter expresses their concern about the en-
forceability of 110.105 and suggests that the following language
be added as 110.105(f) to ensure its enforceability: "Failure to
provide notice as required in this rule is an administrative viola-
tion."
Agency Response: The Division disagrees and declines to make
this change. This language and authority for related adminis-
trative violations is provided in Texas Labor Code 406.009(e)
which states that "an employer commits an administrative viola-
tion if that person fails to comply with Subsection (d)." Addition-
ally, under Labor Code 415.021 the Commissioner has author-
ity to enforce refusal to comply with a rule through assessment of
administrative penalties. Therefore, the commenter's suggested
provision is not necessary.
NAMES OF THOSE COMMENTING FOR AND AGAINST THE
SECTIONS.
For, with changes: Insurance Council of Texas, Texas Health-
care Foundation, Texas Alliance of Responsible Nonsub-
scribers, Texas Association of School Boards, Inc., an individual.
Neither for nor against, with changes: Texas Alliance of Nonsub-
scribers and Office of Injured Employee Counsel, an individual.
SUBCHAPTER A. CARRIER NOTICES
28 TAC 110.1
The amendments are adopted under Labor Code 406.006,
406.008, 406.009, 504.018, 504.053(b)(2), 401.024, 406.001,
504.001, 402.00128(b)(10), 402.00128(b)(12), and under the
general authority of 402.061.
Labor Code 406.006 provides, in relevant part, that an insur-
ance company from which an employer has obtained workers'
compensation insurance coverage, a certified self-insurer, a
workers' compensation self-insurance group under Labor Code
Chapter 407A, and a political subdivision shall file notice of
coverage and claim administration contact information with the
Division not later than the 10th day after the date on which the
coverage or claim administration agreement takes place, unless
the Commissioner adopts a rule establishing a later date for
filing. Labor Code 406.008 provides timelines for when an
insurance company that cancels or does not renew a policy of
workers' compensation must deliver notice of the cancellation
or nonrenewal to the employer and the Division. Additionally,
Labor Code 406.008 requires the notice required under this
section to be filed with the Division and determines failure of theinsurance company to give notice as required by this section
extends the policy until the date on which the required notice
is provided to the employer and the Division. Labor Code
406.009 requires the Division to collect and maintain the in-
formation required under Labor Code Chapter 406, Subchapter
A, adopt rules as necessary to enforce that subchapter, and
monitor compliance with the requirements contained therein.
Labor Code 504.018 requires a political subdivision to notify
the Division of the method by which its employees will receive
benefits, the approximate number of employees covered, and
the estimated amount of payroll, and to notify its employees of
the method by which the employees will receive benefits and
the effective date of the coverage. Labor Code 504.053(b)(2)
authorizes a self-insured political subdivision that does not
provide medical benefits through a workers' compensation
health care network certified under Insurance Code Chapter
1305 to provide medical benefits to its employees by directly
contracting with health care providers or by contracting through
a health benefits pool established under Chapter 172, Local
Government Code. Labor Code 401.024 provides the Com-
missioner the authority to permit or require the use of electronic
transmission to transmit information. Labor Code 406.001
provides the definition of employer, for purposes of Labor Code
Chapter 406, Subchapter A as a person who employs one or
more employees. Labor Code 504.001 provides the definition
of a political subdivision. Labor Code 402.00128(b)(10) au-
thorizes the Commissioner or the Commissioner's designee to
prescribe the form, manner, and procedure for the transmission
of information to the Division. Labor Code 402.00128(b)(12)
authorizes the Commissioner or the Commissioner's designee
to exercise other powers and perform other duties as necessary
to implement and enforce Labor Code Title 5. Labor Code
402.061 provides that the Commissioner shall adopt rules as
necessary for the implementation and enforcement of Labor
Code Title 5, Subtitle A.
110.1. Insurance Carrier Requirements for Notifying the Division of
Insurance Coverage.
(a) An approved workers' compensation insurance policy, as
referenced in Labor Code 401.011(44)(A), includes a binder, which
serves as evidence of a temporary agreement that legally provides
workers' compensation insurance coverage until the approved insur-
ance policy is issued or the binder is canceled.
(b) As used in this section, "workers' compensation insurance
coverage information" includes information regarding whether or not
an employer has workers' compensation insurance coverage and, if so,
information about the method of workers' compensation insurance cov-
erage used.
(c) This rule applies to an insurance company, certified self-in-
surer, workers' compensation self-insurance group under Labor Code
Chapter 407A, and a political subdivision. Certified Self-Insurers are
also subject to requirements specified in Chapter 114 of this title (re-
lating to Self-Insurance). Self-Insurance Groups are also subject to re-
quirements specified in Chapter 5, Subchapter G, Division 2 of this
title (relating to Group Self-Insurance Coverage). Self-insured politi-
cal subdivisions are also subject to requirements specified in 110.7 of
this title (relating to Self-Insured Political Subdivision Requirements
for Notifying the Division of Election to Provide Medical Benefits).
(d) An insurance company, certified self-insurer, workers'
compensation self-insurance group under Labor Code Chapter 407A,
and a political subdivision shall submit to the division, or its designee,
workers' compensation insurance coverage information in the form
and manner prescribed by the division. The division may designateADOPTED RULES July 27, 2012 37 TexReg 5587
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Texas. Secretary of State. Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012, periodical, July 27, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243959/m1/67/: accessed March 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.