Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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A prescription drug, medicine, or other remedy at a fee-rate that is negotiated by contract, a workersí compensation insurance carriers may pay forGA-0828
Adjutant General, as chief of Texas National Guard, has authority to purchase liability insurance with federal funds to cover officers and employees who operate mobile shooting rangeDM-0148
Applicant for a real estate inspectorís license must carry liability insurance, and the Texas Real Estate Commission lacks authority to waive that requirementGA-0932
Automobile club may not contract to reimburse members for expenses incurred in obtaining automobile-related servicesDM-0445
Cancellation of prepaid funeral benefits contracts, amendatory language of section 154.155 of Finance Code which entitles purchaser to refund of half the earnings generated by payments made applies only to trust-funded prepaid funeral benefits contracts aJC-0477
Chapter 2210, Insurance Code, no provision prohibits the Texas Windstorm Insurance Association from using current and future premiums to pay prior obligations underGA-1033
Comptrollerís interpretation of single nonprofit trust to mean that the trust can be used only for the purpose of paying insurance premiums is reasonable; however, limiting use of the funds to only paying premiums and prohibiting trust funds from being used to cover other expenses in furtherance of the trustís purpose is contrary to the statuteGA-0739
Corporate surety, unincorporated association insurance carrier may not serve asDM-0254
Deductible, seller of goods or services does not violate criminal law if he does not seek payment from insured of amount equal toJM-1154
Excursion train operators, owners of trackage may require to purchase liability insurance in amount greater than $5,000,000DM-0403
Experience ratings, effect of 1991 amendments to Insurance Code on State Board of Insurance's authority to use in rating insurersDM-0033
Holocaust registry established by article 21.74, Insurance Code, interferes with the President's conduct of foreign affairs, and is thus preempted by the United States ConstitutionGA-0116
Insurance fraud - Penal Code section 35.02 sets out offense ofKP-198
Insurance policies are contractsGA-0581
Insurance services to a state university, a legislator may not provide unless authorized by the Texas Constitution and statutesGA-0567
Life insurance proceeds and policy cash value are exempt from seizure of processDM-0125
Lloyd's plans or interinsurance exchanges, 1991 amendments to Insurance Code apply toDM-0033
Manufactured home, creditor may require purchaser of to purchase physical damage insurance policy but may not require consumer to purchase policy from particular vendorDM-0117
Mortgage insurance on new or rehabilitated hospital or long-term care facility, Texas Department of Health may conduct or commission study necessary for Secretary of Housing and Urban Development to issueLO97-035
Mortgage insurance, federal law requiring service annually to notify mortgagor of right to cancel is consistent with state lawJC-0045
Municipality must use competitive bidding to purchase excess or surplus insurance coverage and to select "sole broker of record"DM-0070
Non-resident licensed property and casualty insurance agent may not solicit business in Texas except through local recording agent, prohibition includes solicitation of person located in state by mail or telephoneJM-1163
Pesticide applicator license, determination of what exclusions from coverage are acceptable in bonds or insurance policies for requires determination of fact questions by Department of AgricultureLO90-017
Physician and health provider claims for payment, Department of Insurance may construe prompt payment provisions requiring preferred provider organizations and health maintenance organizations to disclose to physicians and other health care providers utilJC-0502
Premiums paid on group health, accident, and life insurance policies by a single nonprofit trust established to provide coverage for employees of municipalities, counties or hospital districts, subsection 222.002(c)(5) of the Insurance Code excludes from the imposition of insurance premium taxesGA-0739
Property insurance - Use of civil asset forfeiture funds to purchase for property forfeited by StateKP-200
Reciprocal exchange insurers are exempt from article 21.49-2C of the Insurance Code, and therefore not subject to a moratorium issued by the Commissioner of InsuranceGA-0045
Reciprocal insurance exchanges, such as Farmers Insurance Exchange and Fire Insurance Exchange, are not required to file withdrawal plans in order to withdraw from the homeowners' insurance marketGA-0045
Refusal of reciprocal exchange insurers to renew policies of homeowners would not violate state law provided that the exchanges follow statutory notice procedureGA-0045
Substitution fee, insurance agent may not charge lender if lender sells mortgage and requests endorsement from agent reflecting changeLO92-076
Texas coast, Department of Insurance may disclose identities of companies writing commercial insurance policies alongGA-0495
Underwriting guidelines, confidentiality provisions forLO94-061
Automated photographic system to enforce financial responsibility laws, county authority to useKP-076
Forged proof of automobile liability insurance, whether person who produces in court may be prosecuted as third-degree felon under section 37.09(a) of the Penal CodeLO93-075
Single interest policies, Automobile Theft Prevention Authority may not by rule exempt from statutory feeJC-0166
Texas Automobile Insurance Plan, rule vesting amendment power over in group of private insurers is unconstitutional delegation of legislative authorityDM-0135
Article 21.52B, Texas Insurance Code ("Any Willing Pharmacy " statute), a court addressing the issue today would likely conclude that, is saved from preemption under the federal Employee Retirement Income Security Act of 1974 ("ERISA"), pursuant to the test set forth by the U.S. Supreme Court in Kentucky Ass'n Of Health Plans, Inc. v. Miller.KP-103
Article 21.52B, Texas Insurance Code ("Any Willing Pharmacy" statute), until a court affirmatively concludes that, is saved from preemption, we cannot conclude as a matter of law that the statute is enforceableKP-103
Balance billing, whether physicians who are not under contract with a health maintenance organization may bill HMO enrollee for unpaid balance and whether Department of Insurance may enforce provisions of Health Maintenance Organization Act against such pGA-0040
Benefits under policy, assignment of to health care provider does not waive deductible or copaymentsDM-0215
Business of insurance, benefit plan established by political subdivision is not engaged inGA-0327
Certain health benefit plans offered by employers, applicability of chapter 1501 of the Insurance Code toGA-0640
Chemical dependency benefits, duty to provide under certain group health insurance contractsJM-1270
Chiropractors, insurance company may not discriminate against services of in payment of claims (LO-90-008 was modified and was renumbered as LO-98-008A)LO90-008
Employee insurance records, subject to privacy constraints imposed by state and federal law an individual county commissioner is entitled to accessGA-0138
Exclusive health provider contract, whether it violates state antitrust laws and insurance codeJC-0447
Federal preemption of certain Texas Department of Insurance bulletins regarding health reimbursement arrangementsKP-179
Health insurance coverage, county may not pay $200 per month to employee who chooses to foregoLO92-085
Health Insurance Portability and Accountability Act of 1996 Privacy Rule, whether Privacy Rule under HIPAA permits disclosure of medical insurance coverage information regarding a former commissioner and his wife is a question of fact and beyond the scopeGA-0138
Health-maintenance organization, referral program in which enrollees receive services of single health-care service providers at a discount in exchange for fee is notJM-1167
Insurance and benefits coverage, municipality must maintain when a municipal fire fighter or police officer is called for military duty, but only on the terms in effect when the employee received the call which may include the employees' obligations to paGA-0174
Insurance Code section 1301.057 - With regard to preferred benefit plans, before a contract with a preferred provider is terminated, an insurer must ensure that either itself or the entities with whom it contracts, which could include pharmacy benefit managers, comply with the notice and review process required under section 1301.057.KP-036
Insurance Code section 843.306 - If a pharmacy benefit manager serves as a delegated entity of a health maintenance organization and thereby terminates contracts with pharmacy providers, the pharmacy benefit manager must comply with the notice and review requirements of section 843.306.KP-036
Medical coverage provided by county to employees through single-employer, self-funded plan; subject to certain Insurance Code provisions but not to Federal Employee Retirement Income Security ActDM-0276
Medical Practice Act makes confidential patient-physician communications and records and limits their disclosure and subsequent redisclosureGA-0138
Nonprofit health corporations certified by Texas State Board of Medical Examiners, authority of Department of Insurance to examineJC-0559
Retired county employee's health insurance premiums, county may not pay if, at time person retired, the county did not provide for payment of such premiums; county may not seek reimbursement of unconstitutionally paid premiumsJC-0383
Retired county employee, county may invite to participate in county's group health insurance program if retiree pay premiums under chapter 175 of Local Government CodeJC-0383
Self-funded benefit plan is not insurance because it does not involve shifting of risk or lossGA-0327
Serious mental illness, group health plans that provides more than 60 outpatient visits for physical illnesses must provide the same number of outpatient visits forGA-0674
Submission of bill to third-party payer by licensed psychologist for test conducted by superviseeKP-198
Texas Pharmacy Ass'n v. Prudential Insurance Co. of America, the current Fifth Circuit Court of Appeals decision in, holding that article 21.52B, Texas Insurance Code ("Any Willing Pharmacy" statute) is preempted under the federal Employee Retirement Income Security Act of 1974 ("ERISA"), still stands.KP-103
The Texas Health and Human Services Commission does not operate under the Insurance Code. It is the state agency that administers the state's Medicaid program for individuals who cannot afford insurance.GA-1089
Provision by State and Political Subdivisions
Competitive bidding requirements, application to purchase of insurance by school district (Superseded by statute as noted in Tex. Att'y Gen. Op. No. DM-418 (1996))DM-0347
Designated broker of record, whether junior college district may purchase insurance throughJC-0205
Discretion to provide medical insurance for juvenile board, county commissioners haveGA-0715
Eligibility for county medical insurance, juvenile board membersGA-0715
Guaranty association for workers' compensation liabilities of certain self-insured political subdivisions and insurance pools, constitutionality of proposalDM-0326
Health insurance, county is not required to provide it to part-time constableJC-0414
Health wellness plan with increased insurance premium for tobacco usersKP-187
Immunizations required for children through age six, municipality may not charge deductible of covered children even if received from non-network providerGA-0047
Legal services coverage, university board of regents may include in employee benefits if federal law permits and if expenditure serves a public purposeLO92-041
Liability insurance for state officers and employees, scope of rider regarding and whether purchase constitutes waiver of sovereign immunity (Withdrawn by Letter 7/31/96)DM-0346
Liability insurance to cover tort claims arising from a college districtís operation of a child- care center, whether purchase would violate article III, section 52(a) of the Texas ConstitutionGA-0830
Medical coverage for district officers, authority of county to provide and phase outDM-0337
Medical coverage provided by county to employees through single-employer, self-funded plan; subject to certain Insurance Code provisions but not to Federal Employee Retirement Income Security ActDM-0276
Medical insurance benefits under county plan, whether county must provide to district judges whose jurisdiction is limited to countyLO95-056
Mental health parity, applicability of Insurance Code provisions requiring municipal risk poolGA-0047
Open-enrollment charter school is an entity for which the state may enter into an agreement with the Social Security AdministrationGA-0629
Pool slide, to the extent a municipality that operates is subject to the Amusement Ride Safety Insurance and Inspection Act but must purchase insurance only in amounts sufficient to satisfy the municipalityís potential liability under the Tort Claims Act GA-0520
Pregnancy as preexisting condition, applicability of Insurance Code provisions requiring to municipal risk poolGA-0047
Property insurance, state agencies not authorized to purchase without specific legislative authorizationDM-0197
Property, casualty, or liability insurance; except for those otherwise excluded, state agencies subject to Labor Code chapter 501 must have State office of Risk Management approval to purchase for itselfGA-1061
Retired employees receiving group health care coverage under Texas Public School Retired Employees Group Insurance plan who have returned to work, school district not participating in Texas Public School Employees Group Insurance plan required to provide GA-0119
Retired employees who have waived coverage under Texas Public School Retired Employees Group Insurance plan, school district not participating in Texas Public School Employees Group Insurance plan obliged to subsidize health care coverage ofGA-0119
School district's purchase of, process; length of contract; aggregation; third-party administrationDM-0418
Texas Windstorm Insurance Association, Legislature did not establish a legal obligation on behalf of the State to pay unfunded losses that cannot be paid by theGA-1012