(a) Notice to applicant. Within 180 days from receipt of an application for an HMO certificate of authority, the commissioner shall determine an application to be complete or deficient and shall immediately issue written notice to the applicant regarding the status of the application.
(1) Complete application. (2) Deficient application. (b) Processing of application. (1) Upon determination that an application is complete, the agency shall send a copy of the application to the StateBoard of Health for certification under the Texas Health Maintenance Organization Act, §5(a)(3). (2) The Texas Health Maintenance Organization Act, §5(a)(3), requires that, within 45 days of receipt of the application, the State Board of Health shall certify to the commissioner of insurance that the proposed health maintenance organization meets or does not meet the requirements of the Texas Health Maintenance Organization Act, §5. (3) Within 75 days from receipt of certification by the State Board of Health, the commissioner, after notice and hearing, shall issue or deny the certificate of authority, except as provided in subsection (d) of this section. (c) Application disapproved. Unless a delay is granted under subsection (d) of this section, an application that is not complete within the period prescribed in subsection (a) of this section may be disapproved. (d) Delay of action. Onwritten request of the applicant, the commissioner may grant a delay of final action on the application pursuant to the Texas Health Maintenance Organization Act, §5(b).
Source Note: The provisions of this §1.809 adopted to be effective January 20, 1989, 14 TexReg 114.