Texas Insurance Code - INS § 1501.066. Election to Treat Participating Employers Separately for Rating Purposes

(a) Notwithstanding Section 1501.063, a health group cooperative may file with the commissioner, on a form and in the manner prescribed by the commissioner, an election to treat each participating employer within the cooperative as a separate employer for purposes of rating small and large employer health benefit plans, subject to the rating requirements of this code applicable to such plans.  An existing health group cooperative must file the election with the department not later than the 90th day before the date on which the election is to become effective.

(b) A health group cooperative must provide to all participating and prospective employers, in a manner prescribed by the commissioner, a written notice of the cooperative's election to treat participating employers within the cooperative as separate employers for purposes of rating small and large employer health benefit plans.  Employers participating in the cooperative when such an election is made must be provided notice of the election not later than the 90th day before the date the election is to become effective.  For a participating employer, the notice must contain the quote for the premium rate applicable to the employer as of the date the plan is renewed.  Prospective employers must be provided notice of the election when the prospective employer applies to become a participating employer in the health group cooperative.

(c) An election under this section is effective on the earliest date after the election is made on which the plan to which the election applies is initially issued or renewed.  The election remains in effect for not less than 12 months after the effective date.