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Is there a way for a physician or provider to reliably determine which insurance plans are truly self-funded ERISA plans and which ones are governed by state law?

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Is there a way for a physician or provider to reliably determine which insurance plans are truly self-funded ERISA plans and which ones are governed by state law?

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An emergency rule adopted effective August 16, 2003, requires identification cards or other similar documents issued by HMOs or preferred provider carriers subject to the prompt pay rules to display a star symbol with the letters “TDI” to allow anyone with access to the card to determine whether a health plan is governed by state insurance laws. While this rule is still in effect, the department has proposed to replace it with a similar rule that requires ID cards issued by health plans regulated by TDI to prominently display either “TDI” or “DOI” on the front of the card. However, in the proposal, the Department said that any cards issued with the star symbol under the emergency rules will be held to comply with the final adopted rules.

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