A failure to act based on ignorance of the law or facts reasonably discoverable through the exercise of due diligence does not constitute good cause. Thus, the IRS test for determining a worker's employment status would apply. 347 (S.B. However, employment does not include casual employment by individuals who provide domestic service in a private home that is sporadic, irregular, or intermittent; The term independent contractor includes individuals or entities who carry on independent business, contract to do a piece of work according to their own means and methods, and are subject to control only as to results. "'Employee' means an individual who is employed by an employer for compensation." Added by Acts 2011, 82nd Leg., R.S., Ch. 4035), Sec. (d) Each full-time active employee of a community supervision and corrections department is automatically covered by the basic coverage for employees unless the employee specifically waives coverage or unless the employee is expelled from the program. Acts 2013, 83rd Leg., R.S., Ch. 21, eff. 1686), Sec. Preexisting conditions. ADMINISTRATION AND IMPLEMENTATION. Sec. (b) For each plan enrollee's dependent covered under this subchapter, from the state contribution that would otherwise be made for basic coverage for the dependent, the state shall contribute annually to the high deductible health plan under this subchapter the same percentage of the cost of coverage under the high deductible health plan as the state annually contributes for dependent coverage in the basic coverage. Sec. An annuitant participating in optional term life insurance coverage is not eligible for premium-waived extended insurance benefits if the total disability begins after the date of retirement.
Acts 2011, 82nd Leg., R.S., Ch. 401(c) for ERISA pension plan purposes - that definition includes self-employed individuals who perform personal services for their entities, such as owners of proprietorships, partners of partnerships, and owners of corporate entities. 27, eff. Sec.
1308 (H.B. 3, Sec. However, Texas law caps small-employer rate increases due to health factors - such as the amount of employee claims experience - at 15 percent per year. 10A.412(b), eff. Sec. 3, eff. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. To be eligible to receive a specialty certification an individual must hold a general life, accident, and health license under Chapter 4054 of the Texas Insurance Code and complete training in the law, including Department rules applicable to small employer . Jan. 11, 2004. An individual who elects not to participate in the plan is not eligible to receive a contribution under that section. (a) An adjunct faculty member at a public institution of higher education is eligible to participate in the group benefits program as an employee if the faculty member: (1) receives compensation for services rendered to a public institution of higher education as an adjunct faculty member; (2) was employed as a faculty member by the same public institution of higher education and taught at least one course in the regular fall and spring semester at the public institution of higher education in the preceding academic year; and. (3) any combination of carriers described by Subdivisions (1) and (2) on terms the board of trustees prescribes. The definitions here are almost identical to those in the Texas unemployment compensation statutes. 39, eff. (c) The following shall be credited to the fund: (1) salary reduction payments for benefits included in a cafeteria plan other than group coverage plans under the group benefits program; and. EXECUTIVE DIRECTOR DETERMINES QUESTIONS RELATING TO ENROLLMENT OR PAYMENT OF CLAIMS. Business owners can enroll in their small-employer health plan if at least one of their employees also enrolls. 652(5, 6):Top of Page
562 (H.B. 366, Sec. September 1, 2013. State Directory of New Hires - Texas Family Code, 234.101:Top of Page
1249 (S.B. Before sharing sensitive information, make sure you're on an official government site. LIMITED EXEMPTION FROM INSURANCE LAWS; APPLICABILITY OF CERTAIN LAWS. > HIPAA PRIVACY RULE - WHAT EMPLOYERS NEED TO KNOW One of the most important aspects of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) is its privacy protection. 1052(a)(3)(A), the retirement benefit rights apply to any employee who works at least 1,000 hours in a 12-month period. Added by Acts 2019, 86th Leg., R.S., Ch. 1551.314. (b) A person may collect from, furnish to, or exchange with another person information, including medical records or other confidential information, to the extent the person considers necessary to detect or to impose a sanction for a criminal act, a misrepresentation, or nondisclosure that is related to an attempt to obtain coverage, payment, reimbursement, or a benefit under this chapter. 9, eff. (5) any other group coverage that the board of trustees, in consultation with the advisory committee, considers advisable. Sec. (a) An individual who has at least 10 years of service credit, as determined by the board of trustees, for which the individual was eligible to participate in the group benefits program under Section 1551.101 or who has at least five years of membership and five years of military service credited in the Employees Retirement System of Texas and who retires in a manner described by this section is eligible, subject to Section 1551.1055, to participate as an annuitant in the group benefits program. (d) The appellant in a contested case under this subchapter has the burden of proof on all issues, including issues in the nature of an affirmative defense. (b) The plan developed under Subsection (a) must include coverage for prescription drugs that aid participants in ceasing the use of tobacco products. Sec. The contract must state whether the pharmacy benefit manager is required to return recovered overpayments to the board of trustees. Sec. (c) In adopting rules and administering health savings accounts or selecting administrators for health savings accounts under this subchapter, the board of trustees shall ensure that the health savings accounts are qualified for appropriate federal tax exemptions. Subject to Section 1551.351, on application to the board of trustees and on arrangement for payment of contributions and postage: (1) an individual who has at least eight years of service credit in the Employees Retirement System of Texas for service as a member of the legislature, on ending the individual's service in the legislature, remains eligible for participation in the group benefits program; and. 1342 (S.B. If you provide health insurance, you must offer it to all your employees who work 30 hours or . 1285 (H.B. Added by Acts 2003, 78th Leg., ch. 630(b):Top of Page
1419, Sec. Amended by Acts 2003, 78th Leg., ch. (c) The special contingency reserve earns interest at a rate determined before each plan year by the carrier and approved by the board of trustees as consistent with the rates generally used by the carrier for similar funds held under other group coverage plans. If they dont enroll during this period, you can require them to wait for the next open enrollment period to join. 1551.108. 1551.405. A policy or contract executed under this chapter must provide that: (A) paid directly to the Employees Retirement System of Texas; and. Subject to veto by the governor, the following section was amended by the 88th Legislature. 24, eff. (a) The board of trustees shall assess each participant in a health benefit plan provided under the group benefits program who uses one or more tobacco products a tobacco user premium differential, to be paid in monthly installments. Any coverage established under this chapter, including a policy, an insurance contract, a certificate of coverage, an evidence of coverage, and an agreement with a health maintenance organization or a plan administrator, is not subject to any state tax, regulatory fee, or surcharge, including a premium or maintenance tax or fee. (a) An actuary selected by the board of trustees shall advise the board as to the actuarial soundness of the bids received under Section 1551.213. June 14, 2013. Sec. DEFINITION OF DEPENDENT. (1) the board of trustees is entitled to audit the pharmacy benefit manager to verify costs and discounts associated with drug claims, pharmacy benefit manager compliance with contract requirements, and services provided by subcontractors; (2) the audit must be conducted by an independent auditor in accordance with established auditing standards; and. 1551.356. Sec. Notwithstanding any other provision of law, the board of trustees may impose against an employer whose employees are not paid salaries from amounts appropriated by the General Appropriations Act and whose participation in the group benefits program begins after August 31, 2003, as a condition for participation in the program, a one-time assessment of administrative costs for participation of the employees and annuitants in the program, which may include the actuarial costs of including the group in the program and a participation premium determined by the board. 33, eff. (b) A health benefit plan provided under this chapter that uses a drug formulary in providing a prescription drug benefit must require prior authorization for coverage of the following categories of prescribed drugs if the specific drug prescribed is not included in the formulary: (c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 28, eff. (d) The contract must state that any audit of a mail order pharmacy owned by the pharmacy benefit manager must be conducted by an independent auditor selected by the board of trustees in accordance with established auditing standards. Sec. 1276, Sec. Added by Acts 2017, 85th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. A foster child is eligible for health benefit plan coverage only if the child is not covered by another governmental health program. Sec. Notwithstanding any provision of this chapter or any other law, it is intended that the provisions of this chapter be construed and administered in a manner that coverages under the group benefits program will be considered in compliance with applicable federal law. (9-a) "Good cause" means that a person's failure to act was not because of a lack of due diligence the exercise of which would have caused a reasonable person to take prompt and timely action. (B) cannot be included as a qualifying employee under Subdivision (1) by application of Subsection (c). DATE ELIGIBILITY BEGINS; WAITING PERIOD. 1551.066. Sec. . (12) "Serious mental illness" has the meaning assigned by Section 1355.001. Added by Acts 2003, 78th Leg., ch. (b) An individual is eligible to participate in the group benefits program as provided by Subsection (a) if the individual receives compensation for service performed for this state pursuant to a payroll certified by a state agency, other than an institution of higher education, or by an elected or appointed officer of this state, including a payment made from: (1) an amount appropriated by the legislature from a state fund; (2) a trust fund held by the comptroller; or. No. 26, eff. September 1, 2011. COMPENSATION OF PERSON EMPLOYED BY BOARD OF TRUSTEES. (d) For a calendar year, the amount of any allocations made under Subsection (c) and Section 1551.455(c)(2), in the aggregate, may not exceed the sum of the monthly limitations imposed by federal law for health savings accounts. The appellant has the burden of proof on all issues, including issues in the nature of an affirmative defense. Jan. 11, 2004. Added by Acts 2005, 79th Leg., Ch. 1308 (H.B. (D) receives or is eligible to receive an annuity under Subchapter B, Chapter 820, Government Code, and has at least 10 years of eligible service credit. RIGHT TO COVERAGE. 1308, Sec. COST OF BASIC COVERAGE EXCEEDING EMPLOYER CONTRIBUTIONS. September 1, 2009. Whether or not you currently hold office. (e) An individual is eligible to participate in the group benefits program as provided by Subsection (a) if the individual retired under Subtitle C, Title 8, Government Code, before September 1, 1991, with at least five and less than 10 years of service credit. 366, Sec. Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1419, Sec. (b) The executive director may delegate the director's duty under this subchapter to another employee of the Employees Retirement System of Texas. If the trustee establishes separate group coverage plans for annuitants, the separate group coverage plans must include both full benefits and supplemental coverage options. (b) This section applies only to an individual who is eligible to participate as an annuitant under Section 1551.102(i), 1551.111(e), or 1551.112(c) and who is not eligible to participate under another provision of Section 1551.102, 1551.111, or 1551.112. COBRA (federal law on health benefit continuation for 18 months in most cases) - 26 U.S.C.
* Unless the statute that creates the employee limit also expressly states that the limit is jurisdictional, an employer with an employee count under the limit could still face liability in a claim or lawsuit unless it affirmatively shows that the limit precludes coverage in that situation - see the discussion of the Arbaugh v. Y & H Corporation case in "Other Types of Employment-Related Litigation" in the outline of employment law issues in part IV of this book. (a) An annuitant eligible to participate under Section 1551.102(i), 1551.111(e), or 1551.112(c) is, except as provided by this subsection, required to pay the total cost, as determined by the board, attributable to the participation of that individual and the dependents of that individual until the date the individual is 65 years of age. 1551.053. 1290), Sec. (c) A person who is the surviving spouse of an individual described by Subsection (a) may secure group health coverage without evidence of the person's insurability if the individual was eligible to participate in the group benefits program under Section 1551.101 or 1551.102 but was not participating at the time of the individual's death. The board of trustees may not contract for or provide a coverage plan that: (1) excludes or limits coverage or services for acquired immune deficiency syndrome, as defined by the Centers for Disease Control and Prevention of the United States Public Health Service, or human immunodeficiency virus infection; (2) provides coverage for serious mental illness that is less extensive than the coverage provided for any physical illness; or. (a) If an employee elects to participate in the cafeteria plan, the employee must execute a salary reduction agreement under which the employee's monthly compensation will be reduced in an amount equal to the difference between: (1) the employer contributions for basic and optional coverages; and. (b) A person has no standing to appeal a determination of the executive director under this subchapter or to pursue a private cause of action against the state, the board of trustees, the retirement system, the executive director, an administering firm, or an employee of any of those persons based on a determination or the implementation by the board or executive director of the type or scope of plan design features under the group benefits program. 1551.219. PARTICIPATION ELIGIBILITY: ANNUITANTS. 1308 (H.B. Sec. Except as otherwise provided by law; Texas private employers can choose whether or not to provide workers' compensation insurance coverage for their employees. Some small employers in Texas offer health insurance to their employees. (b) The information must contain descriptions of: (1) probabilities of death and disability; and. Acts 2019, 86th Leg., R.S., Ch. Added by Acts 2001, 77th Leg., ch. (a) For those coverage plans that the board of trustees funds from the employees life, accident, and health insurance and benefits fund, the board may contract with one or more qualified and experienced administering firms to administer the plans in the best interest of the participants in the group benefits program. Added by Acts 2003, 78th Leg., ch. 1551.313. According to most state employer health insurance laws (and insurers offering small group health insurance), employers must pay at least 50 percent of each enrolled employee's health insurance premium. The board of trustees may commingle for investment purposes the assets of a fund created under this chapter with another fund created under this chapter or any other trust fund administered by the board if the board maintains and credits proportionate ownership records. (c) This section does not apply to an individual who: (1) receives or is eligible to receive an annuity that is based on eligibility under Section 814.002, 814.102, 834.101, or 839.101, Government Code; or. (b) The board of trustees may adopt rules as necessary to implement this section.
DELEGATION. September 1, 2011. 301), Sec. Sec. 2.11, eff. Added by Acts 2001, 77th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. September 1, 2005. The Consolidated Omnibus Budget Reconciliation Act (COBRA) is a federal law that lets employees continue their health coverage for a period of time after they leave their job. "Employee" is not directly defined, but the term means anyone who is in "employment", which is defined in 201.041 as "a service, including service in interstate commerce, performed by an individual for wages or under an express or implied contract of hire, unless it is shown to the satisfaction of the commission that the individual's performance of the service has been and will continue to be free from control or direction under the contract and in fact."
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