Texas Regulations 110.1

(b) Employers and insurance carriers shall submit to the Commission, or its designee, insurance coverage information in the form and manner prescribed by the Commission. The Commission may designate and contract with a data collection agency to collect and maintain coverage information.

(c) Employers are required to provide notice of non-coverage information in accordance with subsection (b) of this section as follows:

(1) if the employer elects not to be covered by workers' compensation insurance, the earlier of the following:

(A) 30 days after receiving a Commission request for the filing of a notice of non-coverage and annually thereafter on the anniversary date of the original filing; (B) 30 days after hiring an employee who is subject to coverage under the Act, and annually thereafter on the anniversary date of the original filing;

(2) if the employer cancels coverage without purchasing a new policy or becoming a certified self-insurer, within ten days after notifying the insurance carrier and annually thereafter on the anniversary of the cancellation date of the workers' compensation policy; or (3) if the employer is principally located outside of Texas, within ten days after receiving a written request from the Commission for information about the coverage status of its Texas operations.

(d) When an employer elects to cancel coverage, the effective date of that cancellation shall be the later of:

(1) 30 days after filing the notice of non-coverage with the Commission; or (2) the cancellation date of the policy.

(e) The insurance coverage shall be extended until the effective date of withdrawal as established in subsection (d) of this section, and the employer is obligated to pay premiums which accrue during this period.

(f) Insurance carriers are required to provide coverage information for insured Texas employers in accordance with subsection (b) of this rule as follows:

(1) within ten days after the effective date of coverage or endorsement and annually thereafter no later than ten days after the anniversary date of coverage; (2) 30 days prior to the date on which the cancellation or non-renewal becomes effective if the insurance carrier cancels, or does not renew, an employer's workers' compensation coverage on the anniversary date; or (3) ten days prior to the date on which the cancellation becomes effective if the insurance carrier cancels an employer's workers' compensation coverage in accordance with Texas Labor Code, section 406.008(a)(2). (4) within ten days after receiving notice of the effective date of cancellation from the covered employer because the employer switched workers' compensation insurance carriers.

(g) Insurance coverage remains in effect until the later of:

(1) the end of the policy period, or (2) the Commission and the employer receive the notification from the insurance carrier of coverage cancellation or non-renewal and the later of:

(A) the date 30 days after receipt of the notice required by Texas Labor Code, section 406.008(a)(1); (B) the date ten days after receipt of the notice required by Texas Labor Code, section 406.008(a)(2); (C) the effective date of the cancellation if later than the date in paragraphs (1) or (2) of this subsection.

(h) "Claim administration contact" as it applies to this chapter is the person responsible for identifying or confirming an employer's coverage information with the Commission. Each insurance carrier shall file a notice with the Commission of their designated claim administration contact not later than the 10th day after the date on which the coverage or claim administration agreement takes effect. A single administration address for the purpose of identifying or confirming an employer's coverage status shall be provided. If the single claims administration contact address changes, the insurance carrier shall provide the new address to the Commission at least 30 days in advance of the change taking effect. This information shall be filed in the form and manner prescribed by the Commission.

(i) An insurance carrier may elect to have a servicing agent process and file all coverage information, but the insurance carrier remains responsible for meeting all filing requirements of this rule.

(j) Notwithstanding the other provisions of this section, if an employer switches workers' compensation insurance carriers, the original policy is considered canceled as of the date the new coverage takes effect. Employers shall notify the prior insurance carrier of the cancellation date of the original policy, in writing, within ten days of the effective date.

The provisions of this section 110.1 adopted to be effective September 15, 1993, 18 TexReg 5884; amended to be effective March 13, 2000, 25 TexReg 2080.