Texas Register, Volume 13, Number 53, Pages 3389-3433, July 8, 1988 Page: 3,395
3389-3433 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Emergency Sections
An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines
that such action is necessary for the public health, safety, or welfare of this state. The section may become effective
Smediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than
0 days. The emergency action is renewable once for no more than 60 days.
ymbology in amended emergency sections. New language added to an existing section is indicated by the use
of bold text. [Brackets] indicate deletion of existing material within a section.TITLE 28. INSURANCE
Part I. State Board of
Insurance
Chapter 33. Continuing Care
Retirement Facilities
* 28 TAC 33.1-33.10
The State Board of Insurance adopts on an
emergency basis new 33.1-33. 10, con-
cerning general provisions applicable to con-
tinuing care retirement facilities. An imminent
peril to the public welfare requires adoption of
these new sections on an emergency basis in
order to remind persons operating or devel-
oping continuing care retirement facilities of
the need to comply with licensing require-
ments under recent legislation. New 33.1
states the purpose of this chapter. New 33.2
defines words and terms used in this chapter.
New 33.3 describes the scope of applicabil-
ity of this chapter to providers of continuing
care. New 33.4 explains the severability of
the provisions of this chapter. New 323.5
explains that violations of this chapter are
iolations of the Texas Continuing care Facil-
y Disclosure and Rehabilitation Act (the
Act). New 33.6 provides for the payment of
fees for filing application for a certificate of
authority and for filing an annual disclosure
statement in accordance with the Act (Texas
Civil Statutes, Article 8876), 22. New 33.7
regulates designations of fiscal years. New
33.8 adopts forms by reference for use in
complying with the administration of this
chapter. The board has filed copies of these
forms with the Secretary of State's Office,
Texas Register division. Persons desiring
copies of the forms can obtain copies from
the Senior Deputy Insurance Commissioner
for Regulated Lines and Licensing, the State
Board of Insurance, 1110 San Jacinto Boule-
vard, Austin, Texas 78701-1998. New 33.9
provides an address for filings under this
chapter. New 33.10 requires responses to
inquiries by the commissioner of insurance
concerning unregistered facilities.
The new sections are adopted on an emer-
gency basis under Texas Civil Statutes, Arti-
cle 8876, 3, which provide that the State
Board of Insurance may adopt rules as nec-
essary to administer and enforce legislation
regulating providers of health-related services
and other continuing care to individuals in this
state.
33.1. Purpose. The sections in this chap-
ter implement the Texas Continuing Care
Facility Disclosure and Rehabilitation Act,
enacted as House Bill 677 by the 70th
Legislature, first effective September 1,
1987, and codified as Texas Civil Statutes,
Article 8876.33.2. Definitions.
(a) The definitions found. in the
Texas Continuing Care Facility Disclosure
and Rehabilitation Act, 2, are incorporated
in this chapter.
(b) The following words and terms,
when used in this subsection, shall have the
following meanings, unless the context
clearly indicates otherwise.
(1) Act-The Texas Continuing
Care Facility Disclosure and Rehabilitation
Act, enacted as House Bill 677 by the 70th
Legislature, first effective September 1,
1987, and codified as Texas Civil Statutes,
Article 8876.
(2) Actuarial review-An analy-
sis which is performed by a qualified actu-
ary in accordance with Generally Accepted
Actuarial Principles and Practices (GAAPP)
and which addresses the current actuarial
balance of the financial condition of a facil-
ity. An actuarial review should include but
not be limited to the following: actuarial
report; statement of actuarial opinion; actu-
arial balance sheet; cash flow projection;
and actuarial methodology, formulae, and
assumption.
(3) Affiliate-An affiliate of, or
person affiliated with a specific person, is a
person that directly, or indirectly through
one or more intermediaries, controls, or is
controlled by, or is under common control
with, the person specified.
(4) Commissioner-The commis-
sioner of insurance, his deputies, or the
State Board of Insurance, or the staff of the
State Board of Insurance, as appropriate.
(5) Control-Control, including
the terms "controlling," "controlled by, "
and "under common control with," means
the possession, direct or indirect, of the
power to direct or cause the direction of the
management and policies of a person,
whether through the ownership of voting
securities, by contract other than a commer-
cial contract for goods or non-management
services, or otherwise, unless the power is
the result of an official position with or
corporate office held by the person. Control
shall be presumed to exist if any person,
directly or indirectly, owns, controls, or
holds with the power to vote, or holds
irrevocable proxies representing, 10% or
more of the voting securities or authority of
any other person. This presumption may be
rebutted to show that control does not in
fact exist.(6) Facility-Each separate place
in which a person undertakes to provide
continuing care. A place is an establish-
ment, complex, or campus at which a pro-
vider engages in the business of providing
continuing care. If two or more establish-
ments or complexes are located on the pre-
mises, they shall be treated as separate
facilities if their operations are administra-
tively independent of each other.
(7) Provider-The owner, opera-
tor, or responsible person of an institution,
building, residence, or other place, whether
operated for profit or not, who undertakes
to provide continuing care at such facility.
(8) Qualified actuary-A member
of the American Academy of Actuaries or
the Society of Actuaries or a person recog-
nized by the commissioner as having com-
parable training or experience.
333. Scope. This chapter shall apply to a
person operating or developing a facility if
all of the following conditions are met.
(1) Continuing care is provided
under an agreement that:
(A) requires the payment of
an entrance fee of an initial or deferred
transfer of money or other property, valued
at an amount in excess of three months'
rent, made or promised to be made as full
or partial consideration for acceptance by a
provider of a specified individual as a resi-
dent in a facility; and
(B) is either of the life of the
individual or for a period of more than one
year.(2) Continuing
were entered into, offered,
after September 1, 1987.care contracts
or solicited on or(3) Board and lodging are fur-
nished, together with personal care services,
nursing services, medical services, or other
health-related services, regardless of
whether or not the services and the lodging
are provided at the same location.
33.4. Severability. If any provision of
this chapter is determined by a court of
competent jurisdiction to be inconsistent
with the Texas Continuing Care Facility
Disclosure and Rehabilitation Act, the Act
will apply, but the remaining provisions of
this chapter will continue in effect.
335. Violation of Rules. A violation of
any provision of this chapter or of any order
of the commissioner of insurance or State. Emergency Sections July 8, 1988 13 TexReg 3395
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Secretary of State. Texas Register, Volume 13, Number 53, Pages 3389-3433, July 8, 1988, periodical, July 8, 1988; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth220261/m1/7/: accessed July 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.