Texas Administrative Code
Title 28 - INSURANCE
Part 1 - TEXAS DEPARTMENT OF INSURANCE
Chapter 21 - TRADE PRACTICES
Subchapter SS - CONTINUATION AND CONVERSION PROVISIONS
Division 2 - GROUP CONTINUATION PROVISIONS
Section 21.5310 - Mandatory Group Continuation Privilege
Current through Reg. 50, No. 13; March 28, 2025
(a) Applicability.
(b) Eligibility for continuation of group coverage. Each employee, member, enrollee, or dependent whose group coverage is terminated has the right to continuation of the group coverage provided under and subject to the conditions of Insurance Code §§ 1251.251, 1251.252, and 1271.301.
(c) Replacement of group coverage. Any person who elects to continue group coverage under applicable state law must be included under any group coverage that replaces the existing group coverage. Coverage under the replacing coverage must be continued until the completion of the state continuation coverage period.
(d) Termination of continued coverage. Under Insurance Code § 1251.255 and § 1271.304, group continuation coverage may not terminate until the earliest of:
(e) Coverage after COBRA. Any insured person or enrollee who elects to continue group coverage under COBRA may elect state continuation coverage under Insurance Code §§ 1251.251, 1251.252, and 1271.301 following the period of COBRA continuation coverage, provided the insured or enrollee is otherwise eligible under subsection (b) of this section.
(f) Coverage for Certain Family Members and Dependents. A group policy or contract delivered, issued for delivery, renewed, amended, or extended in this state, including a group contract issued by a group hospital service corporation, that provides insurance for hospital, surgical, or medical expenses incurred as a result of accident or sickness, or an evidence of coverage under Insurance Code Chapter 843, must include the options for continuation of group coverage for certain family members and dependents prescribed in Insurance Code Chapter 1251, Subchapter G.