Section 13.511 - Regulated PEOs; Approval Required(a) PEOs subject to this subchapter. This subchapter applies to a PEO sponsoring a self-funded employee health benefit plan if: (1) its primary business location is in this state; or(2) a majority of the eligible employees of at least one of its clients are employed in this state; or(3) the primary business location of at least one of its clients is in this state, where no other state contains a majority of that employer's eligible employees.(b) PEOs not subject to this subchapter. This subchapter does not apply to a PEO sponsoring an employee health benefit plan that consists only of benefits provided through a group insurance policy or evidence of coverage that guarantees the payment of claims for all eligible benefits issued by a carrier authorized to do business in this state.(c) License and certificate of approval required. A PEO to which this subchapter applies may not offer a self-funded employee health benefit plan unless the PEO is: (1) licensed and in good standing with TDLR; and(2) has a certificate of approval from TDI issued under this subchapter.(d) Insurance Code Chapter 846. Insurance Code Chapter 846, concerning Multiple Employer Welfare Arrangements, does not apply to a plan sponsored by a PEO unless: (1) a PEO that does not have a certificate of approval to sponsor a PEO plan under this subchapter performs activities that require a certificate of authority under Chapter 846; or(2) an approved PEO files a withdrawal plan that is approved by the commissioner, and relinquishes its certificate of approval as a PEO plan sponsor under this subchapter.28 Tex. Admin. Code § 13.511
Adopted by Texas Register, Volume 41, Number 20, May 13, 2016, TexReg 3483, eff. 5/17/2016