(a) A health benefit plan issuer shall maintain a system to enable it to provide eligibility statements to participating providers using the information provided under §21.3804(b) and (c) of this subchapter (relating to Requests for Eligibility Statements). On receipt of a request for an eligibility statement that complies with §21.3804 of this subchapter, a health benefit plan issuer must provide an eligibility statement to the participating provider allowing the provider access to the information at the time of the enrollee's visit.
(b) If the health benefit plan issuer is unable to provide an eligibility statement, the health benefit plan issuer shall notify the participating provider such that the provider receives the response at the time of the patient's visit and may contemporaneously request additional information to assist the health benefit plan issuer in providing an eligibility statement. A health benefit plan issuer may not use a request for additional information to satisfy the requirement that the issuer maintain a system to provide eligibility statements using the information described in §21.3804(b) and (c) of this subchapter.
(c) An eligibility statement provided under this section shall include information that will enable the participating provider to determine at the time of the request:
  (1) the enrollee's identification and eligibility under the health benefit plan, including:
    (A) the enrollee's identification number assigned by the health benefit plan issuer;
    (B) the name of the enrollee and, if necessary to obtain payment for services to be provided to the patient, the names of any affected covered dependents;
    (C) the birth date of the enrollee and, if necessary to obtain payment for services to be provided to the patient, the birth dates of any affected covered dependents;
    (D) the gender of the enrollee and, if necessary to obtain payment for services to be provided to the patient, the gender of any affected covered dependent; and
    (E) the current enrollment and eligibility status of the enrollee under the health benefit plan;
  (2) the enrollee's benefits, including:
    (A) excluded benefits or limitations, both group and individual; and
    (B) if the participating provider included the information required by §21.3804(c) of this subchapter, whether the specific type or category of service is a benefit under the policy; and
  (3) the enrollee's financial information, including:
    (A) copayment requirements, if any; and
    (B) the unmet amount of the enrollee's deductible or enrollee financial responsibility.
(d) The information required to be provided under this section is limited to information in the possession of and maintained by the health benefit plan issuer in the ordinary course of business at the time of a request for an eligibility statement.
(e) A health benefit plan issuer may not directly or indirectly charge a participating provider for an eligibility statement.

Source Note: The provisions of this §21.3805 adopted to be effective January 19, 2006, 31 TexReg 301