TEXAS DEPARTMENT OF INSURANCENotification Pursuant to the Insurance Code, Chapter 5, Subchapter LAs required by the Insurance Code, Article 5.96 and 5.97, the Texas Register publishes notice of proposed actions by the Texas Board of Insurance. Notice of action proposed under Article 5.96 must be published in the Texas Register not later than the 30th day before the board adopts the proposal. Notice of action proposed under Article 5.97 must be published in the Texas Register not later than the 10th day before the Board of Insurance adopts the proposal. The Administrative Procedure Act, the Government Code, Chapters 2001 and 2002, does not apply to board action under Articles 5.96 and 5.97. The complete text of the proposal summarized here may be examined in the offices of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714- 9104.) This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Administrative Procedure Act. Notification Pursuant to the Texas Insurance Code, Chapter 5, Subchapter L ADOPTED The Commissioner of Insurance has adopted amendments to the Texas Workers' Compensation Statistical Plan. The amendments were proposed by Department staff in a petition filed on October 9, 1996. Notice of the proposal (Reference W- 1096-41-I) was published in the October 15, 1996 issue of the Texas Register (21 TexReg 10223). The amendments were considered at a public hearing held November 19, 1996, at 10:00 a.m., under Docket Number 2256 in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas. The petition as noticed, requested the consideration of amendments to the Plan to clarify that submission of unit statistical reports may be made in either electronic or paper format; to show the designation of a new statistical agent; to revise reporting instructions; to revise the agency name; to revise the change of ownership reporting rules; to add instructions for filing deductibles; to add statistical codes; to add instructions for filing data for statistical codes 9887 and 9889; to add instructions for filing policies that report experience for multiple entities; to add instructions for filing unit statistical reports on employee leasing policies; to delete the requirements to file the "Deductible Aggregate Code" field; to add statistical code 9890 (Negotiated Experience Modifier Credit); and to make minor miscellaneous editorial changes. The Commissioner adopted, with two changes to the proposal as noticed in the Texas Register, the Texas Workers' Compensation Statistical Plan. Based on written comments on the proposal, the Commissioner has adopted changes to the statistical code listing by adding "Not Subject To Experience Rating" heading which will clarify whether certain statistical codes related to deductibles and schedule rating are subject to experience rating. The Commissioner has adopted changes which will clarify the filing of schedule rating premium data by adding instructions for reporting schedule rating debits and credits to Part I, Item 16. The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Articles 5.96 and 21.69. The amendments to the Texas Workers' Compensation Statistical Plan are on file in the Chief Clerk's Office of the Texas Department of Insurance under Reference Number W-1096-41-I and are incorporated by reference into Commissioner Order Number 96-1371 This notification is made pursuant to the Insurance Code, Article 5.96, which exempts action taken under Article 5.96 from the requirements of the Administrative Procedure Act (Government Code, Title 10, Chapter 2001). Consistent with the Insurance Code, Article 5.96(h), prior to the effective date of this action, the Texas Department of Insurance will notify all insurers affected by this action. IT IS THEREFORE THE ORDER of the Commissioner of Insurance that the amendments to the Texas Workers' Compensation Statistical Plan are adopted. IT IS FURTHER ORDERED that the amendments are adopted effective January 1, 1997. This agency hereby certifies that the adopted amendments to the Texas Workers' Compensation Statistical Plan have been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on November 25, 1996. TRD-9617090 Caroline Scott General Counsel Texas Department of Insurance Effective date: January 1, 1997 Filed: November 25, 1996 The Commissioner of Insurance has adopted amendments to the Texas Detailed Claim Information Statistical Plan. The amendments were proposed by Department staff in a petition filed on October 9, 1996. Notice of the proposal (Reference Nubmer W-1096-42-I ) was published in the October 15, 1996 issue of the Texas Register (21 TexReg 10223). The amendments were considered at a public hearing held on November 19, 1996, at 10:00 a.m., under Docket Number 2257 in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas. The petition as noticed, requested the consideration of amendments to the Plan to show changes due to the designation of a new statistical agent; to modify logical and fatal edits to improve data quality; to add injury code 97 for repetitive motion injuries; to change procedures for following up on rejected claims and filing subsequent reports; to add edit numbers for fatal errors; and revise other data reporting procedures. The Commissioner adopted, with nine changes to the proposal as noticed in the Texas Register, amendments to the Texas Detailed Claim Statistical Plan. Based on written comments on the proposal, the Commissioner adopted the amendments with modifications. The modifications to the plan include: (1) the addition of two notes identifying differences between TDI's Detailed Claim Reporting and the Texas Workers' Compensation Commission's Electronic Data Reporting program; (2) withdrawal of changes to the "Date Disability Began" definition and edit in order to conform with national standards; (3) the addition of benefit type codes 07- Temporary Partial and 09- Permanent Partial Disfigurement benefits and corresponding changes to edits; (4) correction to "Date of Maximum Medical Improvement" edit #66F to allow zeros as a standard date; (5) change to "Other Medical" field to include transportation charges for deceased employees; (6) update of statutory references throughout plan to show Texas Labor Code; (7) combination of edits 66C and 66E for "Maximum Medical Improvement"; (8) revision of edit #42 to replace exact minimum and maximum weekly benefit amounts with reference to current TWCC values; and (9) revision of edit #40, #43, #46, #49 and #52 - Benefit Type Edit E to show that only field #40 should be completed if benefit 06 is entered. The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Articles 5.58, 5.96 and 21.69. Copies of the full text of the amendments of the Plan are available for review in the Office of the Chief Clerk of the Texas Department of Insurance under Reference Number W-1096-42-I and are incorporated by reference into Commissioner Order Number 96-1372. This notification is made pursuant to the Texas Insurance Code Article 5.96, which exempts it from the requirements of the Administrative Procedure Act (Government Code, Title 10, Chapter 2001.) Consistent with the Insurance Code, Article 5.96(h), prior to the effective date of this action, the Texas Department of Insurance will notify all insurers affected by this action. IT IS THEREFORE THE ORDER of the Commissioner of Insurance that the amendments to the Texas Detailed Claim Information Statistical Plan are adopted. IT IS FURTHER ORDERED that the amendments are adopted effective January 1, 1997. This agency hereby certifies that the adopted amendments to the Texas Detailed Claim Information Statistical Plan have been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on November 25, 1996. TRD-9617091 Caroline Scott General Counsel Texas Department of Insurance Effective date: January 1, 1997 Filed: November 25, 1996 The Commissioner of Insurance, at a public hearing under Docket Number 2253 held at 9:00 a.m., October 31, 1996 in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, adopted amendments proposed by United Services Automobile Association (USAA) to the Texas Automobile Rules and Rating Manual (the Manual). The amendments are to the Manual's Rate Section IV., Rule 77.A.3., Exception (Motorhome). USAA's petition (Referencre Number A-1295- 42) was published in the September 27, 1996 issue of the Texas Register (21 TexReg 9251). USAA's petition explains that the exception set forth in the Manual's Rate Section IV., Rule 77.A.3. requires use of rating factors for motorhomes that result in premiums that make "no economic sense" in some instances. For example, the premium required for a $230,000 motorhome is much higher than the premium for a $350,000 motorhome, according to an exhibit attached to the petition. USAA asserts that for motorhomes valued at $420,000 or higher, "an insurer would have to pay an insured for the privilege of providing coverage" on the vehicle. USAA is concerned that because of today's availability of motorhomes valued well in excess of $200,000, some owners of high value motorhomes are probably having difficulty obtaining coverage in the regulated market. USAA's petition, specifically in Exhibit B, proposes a solution to the problem by capping the rate factor reduction at the stated amount value of $200,000 to "assure that increasing motorhome values above $90,000 will result in increasing--not decreasing--premiums." The petition's Exhibit B also shows proposed revisions to rating factors for motorhomes valued from $90,000 to $199,999. The Manual's Rate Section IV., Rule 77.A.3., Exception is hereby amended as shown in USAA's petition, Exhibit B. The amendments as adopted by the Commissioner of Insurance are shown in exhibits on file with the Chief Clerk under Reference Number A-1295-42, which are incorporated by reference into Commissioner's Order Number 96-1362. The Commissioner of Insurance has jurisdiction over this matter pursuant to the Insurance Code, Articles 5.10, 5.96, 5.98, and 5.101. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act). Consistent with the Insurance Code, Article 5.96(h), the Department will notify all insurers writing automobile insurance of this adoption by letter summarizing the Commissioner's action. This agency hereby certifies that the amendments as adopted have been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 25, 1996. TRD-9617072 Caroline Scott General Counsel Texas Department of Insurance Effective date: January 28, 1997 Filed: November 25, 1996 The Commissioner of Insurance, at a public hearing under Docket Number 2254 held at 9:00 a.m., October 31, 1996 in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, adopted amendments proposed by staff to the Texas Automobile Rules and Rating Manual (the Manual). The amendments consist of new and/or adjusted 1995-97 model Private Passenger Automobile Physical Damage Rating Symbols and revised identification information. Staff's petition (Reference Number A-0996-37-I) was published in the September 27, 1996, issue of the Texas Register (21 TexReg 9251). The new and/or adjusted symbols for the Manual's Symbols and Identification Section reflect data compiled on damageability, repairability, and other relevant loss factors for the various model years of the listed vehicles. The amendments as adopted by the Commissioner of Insurance are shown in exhibits on file with the Chief Clerk under Reference Number A-0996-37-I, which are incorporated by reference into Commissioner's Order Number 96-1363. The Commissioner of Insurance has jurisdiction over this matter pursuant to the Insurance Code, Articles 5.10, 5.96, 5.98, and 5.101. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act). Consistent with the Insurance Code, Article 5.96(h), the Department will notify all insurers writing automobile insurance of this adoption by letter summarizing the commissioner's action. This agency hereby certifies that the amendments as adopted have been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 22 1996. TRD-9617071 Caroline Scott General Counsel Texas Department of Insurance Effective date: January 28, 1997 Filed: November 22 1996 ADOPTED The Commissioner of Insurance, at a public hearing under Docket Number 2259 held at 10:00 a.m., November 19, 1996 in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, adopted amendments proposed by staff to the Texas Automobile Rules and Rating Manual (the Manual). The amendments revise Manual Rule 74.E.3., Drug and alcohol driving awareness training credits. Staff's petition (Reference Number A-1096-40-I) was published in the October 18, 1996 issue of the Texas Register (21 TexReg 10345). Manual Rule 74.E.3. requires a 5.0% credit for certain coverages on an auto for which the principal operator has successfully completed a drug and alcohol driving awareness course that meets certain standards. One standard is that the Texas Commission on Alcohol and Drug Abuse (TCADA) must certify the organization sponsoring the course as well as any instructor teaching the course. Another standard is that the course must be approved by TCADA. TCADA advises that it will be unable to continue the above functions much longer, so Manual Rule 74 needs to be amended accordingly. Texas A & M University, Safety Education Program is willing to take over these functions. Therefore, this order adopts substitution of that entity's name for the references to TCADA in Rule 74.E.3.a., subsections (1) and (2). Also in Rule 74.E.3.a., this order changes the word "photostat" to "photocopy." In that same paragraph, and in the caption, the words "alcohol" and "drug" are being reversed to be consistent with TCADA's nomenclature. In Rule 74.E.3.c., this order eliminates a split infinitive by moving the word "again" to follow the words "to qualify." An additional matter concerns Manual Rule 74.E.3.d., which refers to "DWI or DUI." Under current statutes, there is no offense referenced as "DUI" or "Driving under the influence...." Therefore, this order deletes the words "or DUI" in the two places they appear in Rule 74.E.3.d. The amendments as adopted by the Commissioner of Insurance are shown in an exhibit on file with the Chief Clerk under Reference Number A-1096-40-I, which is incorporated by reference into Commissioner's Order Number 96-1369. The Commissioner of Insurance has jurisdiction over this matter pursuant to the Insurance Code, Articles 5.10, 5.96, 5.98, and 5.101. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act). Consistent with the Insurance Code, Article 5.96(h), the Department will notify all insurers writing automobile insurance of this adoption by letter summarizing the Commissioner's action. IT IS THEREFORE THE ORDER of the Commissioner of Insurance that the Manual is amended as described herein, and the amendments are adopted to become effective on March 1, 1997. This agency hereby certifies that the amendments as adopted have been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 22 1996. TRD-9617069 Caroline Scott General Counsel Texas Department of Insurance Effective date: March 1, 1997 Filed: November 22, 1996 ADOPTED The Commissioner of Insurance, at a public hearing under Docket Number 2258 held at 10:00 a.m., November 19, 1996 in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, adopted an amendment proposed by staff to the Texas Automobile Rules and Rating Manual (the Manual). The amendment revises Manual Rule 74.I., Academic Achievement Discount. Staff's petition (Reference Number A-1096-39-I) was published in the October 18, 1996 issue of the Texas Register (21 TexReg 10313). The Insurance Code, Article 5.03-3 provides an insurer may grant a discount for certain automobile insurance premiums for academic achievement if necessary qualifications are met. Article 5.03-3 provides the "commissioner by rule shall set the amount of the discounts applicable under this article..." Commissioner's Order Number 95-1107, issued October 25, 1995, amended Rule 74 by adding Section I regarding the Academic Achievement Discount, but anticipated the amount of the discount would be determined in "Private Passenger and Commercial Auto Benchmark Rates," Docket Number 454-95-1218.G. Although the Commissioner requested evidence on this issue in the notice (20 TexReg 7784) for that Benchmark Rate Hearing, no such evidence was presented. More recently, TDI's Technical Analysis Division received data from Insurance Services Office, Inc. (ISO), regarding the Academic Achievement Discount. The data contains charts that depict exposures, pure premiums, and relativities to younger drivers who were not eligible for the discount. These tables list the experience of both married and unmarried males (ages 17-24) and females (ages 21-24), respectively. This data was reviewed and analyzed by Technical Analysis. The ISO data assisted Technical Analysis in determining that 10% would be the appropriate discount. A credit of 10% is hereby adopted as the optional discount to be available under Manual Rule 74.I., Academic Achievement Discount. The Commissioner of Insurance has jurisdiction over this matter pursuant to the Insurance Code, Articles 5.10, 5.96, 5.98, and 5.101. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act). Consistent with the Insurance Code, Article 5.96(h), the Department will notify all insurers writing automobile insurance of this adoption by letter summarizing the Commissioner's action. IT IS THEREFORE THE ORDER of the Commissioner of Insurance that the Manual is amended as described herein, and the amendment is adopted to become effective on February 1, 1997. This agency hereby certifies that the amendments as adopted have been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 22 1996. TRD-9617070 Caroline Scott General Counsel Texas Department of Insurance Effective date: February 1, 1997 Filed: November 22, 1996