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Texas Department of Insurance
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Commissioner’s Bulletin # B-0057-08

September 14, 2008


To:   ALL INSURERS LICENSED TO WRITE LIFE AND ACCIDENT AND HEALTH INSURANCE, HEALTH MAINTENANCE ORGANIZATIONS, WORKERS' COMPENSATION CARRIERS, ALL LICENSED AGENTS, ALL THIRD PARTY ADMINISTRATORS, ALL UTILIZATION REVIEW AGENTS AND MEWA'S LICENSED IN TEXAS

Re:   Hurricane Ike - State of Emergency - Natural Disaster - Medical Equipment and Services for Disaster Victims or Evacuees


On September 8, 2008, Governor Rick Perry issued a proclamation declaring that Hurricane Ike poses a threat of imminent disaster along the Texas Coast and in numerous counties including Angelina, Austin, Brazoria, Brazos, Chambers, Cherokee, Fort Bend, Galveston, Gregg, Hardin, Harris, Jasper, Jefferson, Liberty, Matagorda, Montgomery, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Trinity, Tyler, Walker, Waller, and Wharton counties beginning September 7, 2008 and continuing, directing that all necessary measures both public and private as authorized under §418.017 of the Texas Government Code be implemented to meet that threat. The proclamation also states that, as provided in §418.016 of the Texas Government Code, all rules and regulations that may inhibit or prevent prompt response to this threat are suspended for the duration of the disaster. On September 12, 2008, Governor Rick Perry issued an amendment to his September 7, 2008 proclamation, declaring that additional counties including Grimes, Houston, Madison, Rusk, and Washington counties are under imminent threat of disaster as a result of Hurricane Ike.

On September 13, 2008, President George Bush issued a major disaster declaration for the state of Texas and ordered federal aid to supplement state, local and tribal recovery efforts in the area struck by Hurricane Ike beginning on September 7, 2008, and continuing. The President's action makes federal funding available to affected individuals in the counties of Angelina, Austin, Brazoria, Chambers, Cherokee, Fort Bend, Galveston, Grimes, Hardin, Harris, Houston, Jasper, Jefferson, Liberty, Madison, Matagorda, Montgomery, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Trinity, Tyler, Walker, Waller, and Washington.

With the possible relocation of hurricane victims and other personal hardships sustained by residents Angelina, Austin, Brazoria, Brazos, Chambers, Cherokee, Fort Bend, Galveston, Gregg, Grimes, Hardin, Harris, Houston, Jasper, Jefferson, Liberty, Madison, Matagorda, Montgomery, Nacogdoches, Newton, Orange, Polk, Rusk, Sabine, San Augustine, San Jacinto, Trinity, Tyler, Walker, Waller, Washington, and Wharton counties regardless of where those residents have temporarily relocated, and many insureds, enrollees, certificate holders, their dependents and injured workers may not be able to, or have the ability to, access medical equipment, supplies and services necessary to maintain their health. Insureds, enrollees, certificate holders, their dependents and injured workers who are residents of Angelina, Austin, Brazoria, Brazos, Chambers, Cherokee, Fort Bend, Galveston, Gregg, Grimes, Hardin, Harris, Houston, Jasper, Jefferson, Liberty, Madison, Matagorda, Montgomery, Nacogdoches, Newton, Orange, Polk, Rusk, Sabine, San Augustine, San Jacinto, Trinity, Tyler, Walker, Waller, Washington, and Wharton counties, regardless of where those residents may be temporarily located, should not be without their necessary services, supplies and equipment to maintain their health during a disaster or threat of imminent disaster and danger. It is the opinion of the Texas Department of Insurance that all health insurers and health maintenance organizations that provide health coverage or cover the payment of medical or other health care services as a part of any policy or certificate or evidence of coverage should, throughout the duration of the Governor's disaster proclamation, authorize payment for necessary medical equipment, supplies and services regardless of the date upon which the service, equipment or supplies were most recently provided.

Questions regarding this bulletin may be directed to the following:

Life/Health Division at 512-322-3409 or e-mail: life_health@tdi.state.tx.us

Health and WC Network Certification & QA Division at 512-322-4266 or e-mail: hmogrp@tdi.state.tx.us

Questions regarding this bulletin related to workers' compensation may be directed to Workers' Compensation/Injured Employee Hotline at the toll free telephone number (800) 252-7031.

Mike Geeslin

Commissioner of Insurance



For more information, contact: ChiefClerk@tdi.texas.gov

Last updated: 7/16/2018