Recent federal rules require new consumer disclosures. This bulletin tells insurers how to comply with Texas form filing requirements.
Disclosures for short-term, limited-duration insurance
Federal rules require that insurers include a disclosure on the first page of policies, certificates, and contracts of insurance, and in any marketing, applications, and enrollment and reenrollment materials. This starts for coverage that begins on or after Sept. 1, 2024.
Texas Insurance Code (TIC) Section 1701.051 requires insurers to file any updated insurance forms with TDI prior to use, including applications, enrollment forms, policies, and certificates.
TIC Section 1509.002 requires a consumer disclosure, which includes the prior federal disclosure in Section 12, beginning with the words "Federal notice." This disclosure is adopted in TDI rules at 28 Texas Administrative Code (TAC) Section 3.3602(e).
Section 12 is no longer federally required, and insurers should delete it. Section 3.3602 allows insurers to modify the disclosure for accuracy until TDI makes rules to revise the disclosure. Section 3.3602(g) requires insurers to file the revised form with TDI.
Disclosures for hospital indemnity and other fixed indemnity policies
Federal rules 45 CFR Sections 146.145(b)(4) and 148.220(b)(4) require that insurers include a new federal disclosure on the first page of marketing, application, and enrollment or reenrollment materials, and on the first page of certain policies, certificates, or contracts of insurance. This starts with plans that begin on or after Jan. 1, 2025.
TIC Section 1701.051 requires insurers to file any updated forms—including applications, enrollment forms, policies, and certificates—with TDI prior to use.
TDI review
TDI encourages insurers to submit these filings as early as possible so TDI can review them before the federal deadlines.
Since the new federal disclosures must be on the first page of applications, enrollment forms, policies, and certificates, insurers will need to refile these documents. Consistent with 28 TAC §3.4(g), an insurer may only use an insert page to replace the first page of the form if the page being replaced has its own unique form number.
Texas law also requires certain information to be on the first page of some documents. (See product checklists.) If compliance with both state and federal requirements is problematic, insurers should make good faith efforts and discuss with TDI staff.
Filings must also include any relevant statutory changes since the forms were last approved. For example, Commissioner's Bulletin # B-0012-23 notes select insurance-related legislation passed in 2023.
For questions about this bulletin, email LifeHealth@tdi.texas.gov.