The notices required by this subchapter shall be issued to enrollees of a health benefit plan that is delivered, issued for delivery, or renewed on or after January 1, 1998, and shall be provided according to the following paragraphs:

1. (1) The notice shall be provided:

   1. (A) within 60 days of the effective date of this subchapter to enrollees whose plans were renewed or issued between January 1, 1998 and the effective date of this subchapter;
   2. (B) within 60 days of enrollment to new enrollees, whether in a newly issued or newly delivered health benefit plan, or an existing plan which is renewed after the effective date of this subchapter; or
   3. (C) within 60 days of renewal date to existing enrollees of an existing plan which is renewed after the effective date of this subchapter.
2. (2) Except as specified in paragraph (6) of this section, the notices shall be delivered to enrollees through the U.S. Postal Service.
3. (3) The notice may be delivered with other health benefit plan documents as long as the time frames set forth in paragraph (1) of this section are met. For example, the notice may be delivered with the policy, certificate, evidence of coverage, or enrollment/insurance card.
4. (4) If the notices are provided to the primary enrollee's last known address, the requirements of this section are satisfied with respect to all enrollees residing at that address.
5. (5) If a covered spouse or dependent's last known address is different than the primary enrollee, separate notices are required to be provided to the spouse or the dependent at the spouse's or dependent's last known address.
6. (6) For group health benefit plans, the notice may be provided to the group master contract holder for distribution to enrollees if the carrier has an agreement with the group master contract holder that the notice will be delivered in accordance with the timelines specified in paragraph (1) of this section; however, the carrier will be held responsible for ensuring that notice is provided to the enrollees.

Source Note:The provisions of this §21.2105 adopted to be effective March 29, 1998, 23 TexReg 3009.