(a) Applicability. This subchapter implements the provisions of Insurance Code Chapter 1369 as follows:
  (1) Division 2 of this subchapter applies to a health benefit plan that is subject to Insurance Code Chapter 1369, Subchapter D, and relates to pharmacy identification cards.
  (2) Division 3 of this subchapter applies to a health benefit plan that is subject to Insurance Code Chapter 1369, Subchapter A, and relates to coverage of off-label drugs.
  (3) Division 4 of this subchapter applies to a health benefit plan that is subject to Insurance Code Chapter 1369, Subchapter B, and relates to the use of a drug formulary by a health benefit plan. Consistent with Insurance Code §1369.077, §§21.3031 - 21.3033 apply only to an individual health benefit plan.
(b) Severability. If a court of competent jurisdiction holds that any provision of this subchapter is inconsistent with any statute of this state, is unconstitutional, or for any other reason is invalid, the remaining provisions remain in full effect. If a court of competent jurisdiction holds that the application of any provision of this subchapter to particular persons, or in particular circumstances, is inconsistent with any statutes of this state, is unconstitutional, or for any other reason is invalid, the provision remains in full effect as to other persons or circumstances.

Source Note: The provisions of this §21.3001 adopted to be effective December 20, 2000, 25 TexReg 12437; amended to be effective August 18, 2016, 41 TexReg 6035; amended to be effective May 21, 2018, 43 TexReg 3243