Bill Text: TX HB4277 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the establishment of the consumer complaint review panel by the State Office of Administrative Hearings to conduct certain insurance appeals.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-23 - Left pending in committee [HB4277 Detail]
Download: Texas-2019-HB4277-Introduced.html
By: Davis of Dallas | H.B. No. 4277 |
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relating to the establishment of the consumer complaint review | ||
panel by the State Office of Administrative Hearings to conduct | ||
certain insurance appeals. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 2003, Government Code, is amended by | ||
adding Subchapter E to read as follows: | ||
SUBCHAPTER E. INSURANCE APPEALS | ||
Sec. 2003.151. DEFINITIONS. In this subchapter: | ||
(1) "Department" means the Texas Department of | ||
Insurance. | ||
(2) "Panel" means the consumer complaint review panel | ||
established under this subchapter. | ||
Sec. 2003.152. CONSUMER COMPLAINT REVIEW PANEL. (a) The | ||
office shall establish a consumer complaint review panel to conduct | ||
an appeal from the complaint resolution program established under | ||
Chapter 521, Insurance Code, of a policyholder complaint: | ||
(1) that is denied by the department; | ||
(2) that is determined to be without merit by the | ||
department; or | ||
(3) for which the department did not confirm receipt | ||
of the complaint. | ||
(b) Except as provided by this subchapter, an appeal under | ||
this section is a contested case under Chapter 2001. | ||
Sec. 2003.152. TIMELINESS OF APPEAL. (a) The panel shall | ||
conduct all appeals under this subchapter in a timely manner. | ||
(b) The panel shall use every reasonable means to expedite | ||
an appeal under this subchapter when the policyholder or department | ||
provides good cause that the panel expedite the appeal. | ||
Sec. 2003.153. CONFIDENTIALITY OF INFORMATION. (a) The | ||
panel shall keep information that identifies a policyholder who | ||
participates in an appeal under this subchapter confidential, | ||
including the policyholder's name and medical condition, if | ||
applicable. | ||
(b) The provision of information to the panel that is | ||
confidential under any law does not affect the confidentiality of | ||
the information, and the panel shall maintain that confidentiality. | ||
(c) An appeal conducted under this subchapter is | ||
confidential and not open to the public. | ||
Sec. 2003.154. DECISION. The panel shall determine whether | ||
an appeal conducted under this subchapter has merit and if so, | ||
remand the case to the department for resolution. | ||
Sec. 2003.155. RULES. The commissioner of insurance may | ||
adopt rules necessary to implement this subchapter. | ||
SECTION 2. Not later than January 1, 2020, the State | ||
Office | ||
of Administrative Hearings shall establish the consumer complaint | ||
review panel under Section 2003.152, Government Code, as added by | ||
this Act. | ||
SECTION 3. This Act takes effect September 1, 2019. |