A TPA may not engage in any of the activities listed in paragraphs (1)-(5) of this section:
- (1) misrepresenting the terms, advantages, or nature of its service contract;
- (2) making false or incomplete comparisons with the service contracts of other TPAs or persons in order to induce a plan, insurer, or person to enter into, continue, or discontinue any service contract with the TPA;
- (3) accepting or rejecting risk other than in compliance with and in accordance with the terms of the written agreement structured under the requirements of the Insurance Code, Article 21.07-6, §11;
- (4) publishing or circulating any advertising or informational material, benefit descriptions, certificates, booklets, or brochures pertaining to business underwritten by a plan, insurer, or plan sponsor without the advance written approval of such plan, insurer, or plan sponsor; or
- (5) designing, constructing, or implementing barriers under the written agreement that would unreasonably restrict the right of a plan participant to avail himself of individual life, health, or accident policies or annuities through an agent selected by the plan participant.
Source Note:The provisions of this §7.1609 adopted to be effective September 14, 1994, 19 TexReg 6855.