1. (a) Small employer health carriers offering a small employer health benefit plan shall file annually, not later than March 1 of each year, an actuarial certification Form Number 1212 CERT ACTUARIAL, stating that the underwriting and rating methods of the small employer carrier:

   1. (1) comply with accepted actuarial practices;
   2. (2) are uniformly applied to each small employer health benefit plan covering a small employer; and
   3. (3) comply with the provisions of the Insurance Code, Chapter 26, Subchapters A - G, and this chapter.

2. (b) Not later than March 1 of each calendar year, a small employer carrier shall complete and file with the commissioner Form Number 1212 CERT DATA. This annual filing shall include the following information related to health benefit plans issued by the small employer carrier to small employers in this state:

   1. (1) the number of small employers that were issued and the number of lives that were covered under health benefit plans in the previous calendar year (separated, if applicable, as to newly issued plans and renewals);
   2. (2) the number of small employers that were issued and the number of lives that were covered under consumer choice health benefit plans, plans offering all state-mandated health benefits, HMO consumer choice health benefit plans and HMO plans including all state-mandated health benefits in the previous calendar year (as applicable, separated as to newly issued plans and renewals and by groups based on the following covered-employee size ranges: 2 - 9, 10 - 20, 21 - 35, and 36 - 50);
   3. (3) a copy of the certificate of coverage for each of the carrier's three (if applicable) most frequently issued consumer choice health benefit plans. Each certificate must illustrate the selected benefits and plan features without variability;
   4. (4) the number of small employer health benefit plans in force and the number of lives covered under those plans. This information should be broken down by the zip code of the small employers' principal place of business in the state of Texas;
   5. (5) the number of small employer health benefit plans that were voluntarily not renewed by small employers in the previous calendar year;
   6. (6) the number of small employer health benefit plans that were terminated or nonrenewed (for reasons other than nonpayment of premium) by the health carrier in the previous calendar year;
   7. (7) the number of small employer health benefit plans that were issued to small employers that were uninsured for at least the two months prior to issue;
   8. (8) the health carrier's gross premiums derived from health benefit plans delivered, issued for delivery, or renewed to small employers in the previous calendar year. For purposes of this subsection, gross premiums shall be the total amount of monies collected by the health carrier for health benefit plans during the applicable calendar year or the applicable calendar quarter. Gross premiums shall include premiums collected for individual and group health benefit plans issued to small employers or their employees. Gross premiums shall also include premiums collected under certificates issued or delivered to employees (in this state) of small employers, regardless of where the policy is issued or delivered;
   9. (9) if applicable, information regarding any small employer health benefit plans assumed from another small employer carrier; and
   10. (10) the number of small employers and the number of lives that were covered under plans issued to small employer health coalitions in the previous calendar year (as applicable, separated as to newly issued plans and renewals).

Source Note:The provisions of this §26.20 adopted to be effective December 30, 1993, 18 TexReg 9375; amended to be effective April 9, 1996, 21 TexReg 2648; amended to be effective March 5, 1998, 23 TexReg 2297; amended to be effective April 6, 2005, 30 TexReg 1931.