(a) A participating health benefit plan issuer may elect to discontinue Healthy Texas coverage only if the participating health benefit plan issuer has filed written notice of withdrawal from participation in the Healthy Texas Program with the commissioner on a form and in the manner prescribed by the commissioner and the participating health benefit plan issuer:
  (1) before the 90th day preceding the date of the discontinuation of the coverage:
    (A) provides notice of the discontinuation to each employer and the department; and
    (B) offers to each employer the option to purchase other small employer coverage offered by the participating health benefit plan issuer at the time of the discontinuation; and
  (2) acts uniformly without regard to the claims experience of the employer or any health status related factors of employees or dependents or new employees or dependents who may become eligible for the coverage.
(b) This section does not exempt a participating health benefit plan issuer from any other legal requirements, such as those in Insurance Code Chapter 827, §26.511(c) of this division (relating to Health Benefit Plan Issuer Participation), and §§7.1801, et seq. of this title (relating to Withdrawal Plan Requirements and Procedures), or requirements for discontinuation of certain plans under this chapter.

Source Note: The provisions of this §26.515 adopted to be effective March 16, 2010, 35 TexReg 2174