The following are not considered a rebate, inducement, or discrimination prohibited by this subchapter:

1. (1) for an accident and health policy or a health care plan contract, a bonus payment to a policyholder or contract holder or other abatement in the policyholder's or contract holder's premiums provided wholly or partly out of surplus accumulated from nonparticipating policies or contracts if the bonus or abatement:

   1. (A) is fair and equitable to policyholders or contract holders; and
   2. (B) is in the best interests of the insurer or health maintenance organization and its policyholders or contract holders;
2. (2) for a group insurance policy or health care plan contract, a readjustment in the rate of premium based on the loss or expense experience under the policy or contract at the end of a policy or contract year if the adjustment is retroactive for only that policy or contract year;
3. (3) in connection with an offer or sale of an accident and health insurance policy or health care plan contract, a promotional advertising item, educational item, or traditional courtesy commonly extended to consumers and that is valued at $25 or less; or
4. (4) a loss-control or value-added product or service or other item allowed by Subchapter B.

Added by Acts 2025, 89th Leg., R.S., Ch. 581 (H.B. 2221), Sec. 2, eff. September 1, 2025.