Section 26.305 - Enrollment(a) Periods provided for enrollment in and application for any health benefit plan provided to a large employer group must comply with the following: (1) the initial enrollment period for the employees meeting the large employer's participation criteria must extend at least 31 consecutive days after the employee's initial date of employment, or if the waiting period exceeds 31 days, at least 31 consecutive days after the date the new entrant completes the waiting period for coverage;(2) the new entrant who meets the large employer's participation criteria must be notified of his or her opportunity to enroll at least 31 days in advance of the last date enrollment is permitted;(3) a new entrant's application for coverage is timely if he or she submits the application within 31 consecutive days following the initial date of employment, or following the date the new entrant is eligible for coverage: (B) by mail, postmarked by the end of the specified period; or(C) in an alternative method normally accepted by the large employer carrier, including facsimile transmission (fax), email, or web-based application; and(4) the large employer carrier must provide an annual open enrollment period of at least 31 consecutive days.(b) If dependent coverage is offered to enrollees under a large employer health benefit plan, the initial enrollment period for the dependents must be at least 31 consecutive days, with a 31-consecutive-day annual open enrollment period.(c) A new employee who meets the participation criteria of a covered large employer may not be denied coverage if the application for coverage is received by the large employer carrier not later than the 31st day after the later of: (1) the date on which the employment begins; or(2) the date on which the waiting period established under Insurance Code § 1501.606 (concerning Employee Enrollment; Waiting Period) expires.(d) If dependent coverage is offered to the enrollees under a large employer health benefit plan, a dependent of a new employee who meets the participation criteria established by the large employer may not be denied coverage if the application for coverage is received by the large employer carrier not later than the 31st day after the later of: (1) the date on which the employment begins;(2) the date on which the waiting period established under Insurance Code § 1501.606 expires; or(3) the date on which the dependent becomes eligible for enrollment.(e) A large employer carrier may not exclude any eligible employee who meets the participation criteria or an eligible dependent, including a late enrollee, who would otherwise be covered under a large employer group.(f) A large employer health benefit plan may not limit or exclude initial coverage of a newborn child of a covered employee. Any coverage of a newborn child of an insured under this subsection terminates on the 32nd day after the date of the birth of the child unless: (1) dependent children are eligible for coverage under the large employer health benefit plan; and(2) notification of the birth and any required additional premium are received by the large employer not later than the 31st day after the date of birth. A large employer carrier may not terminate coverage of a newborn child if the carrier's billing cycle does not coincide with this 31-day premium payment requirement, until the next billing cycle has occurred and there has been nonpayment of the additional required premium, within 30 days of the due date of the premium.(g) If dependent children are eligible for coverage under the large employer health benefit plan, a large employer health benefit plan may not limit or exclude initial coverage of an adopted child of an insured.(h) If dependent children are eligible for coverage under the large employer health benefit plan, an adopted child of an insured may be enrolled, at the option of the insured, within either:(1) 31 days after the an insured is a party in a suit for adoption; or(2) 31 days of the date the adoption is final.(i) Coverage of an adopted child of an employee terminates unless notification of the adoption and any required additional premiums are received by the large employer not later than either:(1) the 31st day after the insured becomes a party in a suit in which the adoption of the child by the insured is sought; or(2) the 31st day after the date of the adoption. A large employer carrier may not terminate coverage of an adopted child if the carrier's billing cycle does not coincide with this 31-day premium payment requirement, until the next billing cycle has occurred and there has been nonpayment of the additional required premium within 30 days of the date of the premium.(j) For purposes of this section, "received by the large employer" within a specified period means that the item(s) must be postmarked by the specified period.(k) If a newborn or adopted child is enrolled in a health benefit plan or other creditable coverage within the periods specified in this section, and subsequently enrolls in another health benefit plan without a significant break in coverage, the other plan may not impose any preexisting condition exclusion with regard to the child. If a newborn or adopted child is not enrolled within the periods specified in this section, then in accordance with § 26.306(h) of this title (relating to Exclusions, Limitations, Waiting Periods, Affiliation Periods, Preexisting Conditions, and Restrictive Riders), the newborn or adopted child may be considered a late enrollee or excluded from coverage until the next open enrollment period.28 Tex. Admin. Code § 26.305
The provisions of this §26.305 adopted to be effective March 5, 1998, 23 TexReg 2297; amended to be effective February 2, 1999, 24 TexReg 575; amended to be effective April 6, 2005, 30 TexReg 1931; Amended by Texas Register, Volume 42, Number 19, May 12, 2017, TexReg 2557, eff. 5/17/2017