(a) The notice of network requirements and employee information form and acknowledgment form required by Insurance Code §1305.451, concerning Employee Information; Responsibilities of Employee, and §10.60 of this title (relating to Notice of Network Requirements; Employee Information) must be written in plain language and comply with the following requirements:
  (1) the text must achieve a minimum level of readability that may not be more difficult than the equivalent of a ninth grade reading level as measured by the Flesch reading ease test, a test referenced in the list of standardized tests contained in §3.3092(c)(1) of this title (relating to Format, Content, and Readability for Outline of Coverage), or other standardized test as approved by the department;
  (2) the form must be printed in not less than 12-point type;
  (3) the form must be appropriately divided and captioned in a meaningful sequence such that each section contains an underlined, boldfaced, or otherwise conspicuous title or caption at the beginning of the section that indicates the nature of the subject matter included in or covered by the section; and
  (4) the form must be written in a clear and coherent manner and wherever practical, words with common and everyday meanings must be used to facilitate readability.
(b) The notice of network requirements and employee information form described at §10.22(18) of this title (relating to Contents of Application) must be filed with the department in accordance with §10.21 of this title (relating to Certificate Application) and must be accompanied by a certification signed by an officer or other authorized representative of the network stating the reading level of the form, the standardized test used to determine the reading level, and that the form meets or exceeds the minimum readability standards established by the Commissioner. To confirm the accuracy of any certification, the Commissioner may require the submission of additional information.

Source Note: The provisions of this §10.63 adopted to be effective December 5, 2005, 30 TexReg 8099; amended to be effective August 2, 2022, 47 TexReg 4534