The commissioner must coordinate market analysis and examination efforts with other states. Certain out-of-state contract examiners must register with the department’s chief examiner and provide specified information. Paying an examiner from multiple states for the same exam is a violation if it causes duplicate costs to the insurer, but coordinated examinations and cost-reducing compensation are allowed.
Sec. 751.052. COORDINATION WITH OTHER STATES; REGISTRATION OF CONTRACT EXAMINER. (a) The commissioner shall coordinate the department's market analysis and examination efforts with other states through the National Association of Insurance Commissioners. (b) A person with whom another state contracts to perform any market analysis or examination initiated by the other state of an insurer domiciled in this state shall register with and provide the following information to the department's chief examiner: (1) the person's name; (2) if the person is not an individual, the identity of each examiner or other person who will perform any part of the market analysis or examination; (3) the name of the state that contracted with the person; (4) the identity of the insurer to be examined; (5) a description of each issue that the person has been contracted to examine; (6) an estimate of the examination costs to be charged to the insurer to be examined; (7) a copy of any contract between the person and the state regulatory body that initiated the examination and the letter authorizing the examination; and (8) a list of the previous examinations conducted on the same insurer on behalf of any state within the last three years. (b-1) On accepting a person's registration under Subsection (b), the department shall send written confirmation of the acceptance to: (1) the person; (2) the insurer to be examined; and (3) the state regulatory body that initiated the examination. (c) It is a violation of this code for a person to accept compensation from multiple states for the same examination, if doing so results in duplicative costs to the insurer being examined. It is not a violation of this code for: (1) an examiner to conduct an examination of an insurer for the benefit of multiple states in a coordinated examination; and (2) the examiner to accept compensation from the states participating in the coordinated examination to reduce the examination costs to the insurer being examined. Added by Acts 2005, 79th Leg., Ch. 291 (S.B. 14), Sec. 3, eff. September 1, 2005. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1030 (H.B. 4359), Sec. 1, eff. June 19, 2009. Acts 2011, 82nd Leg., R.S., Ch. 185 (S.B. 1229), Sec. 2, eff. May 28, 2011.