The regs I gave were indeed for the Texas Department of Insurance specifically, and did mention Workers Comp codes as well. The Division of Worker's Comp was recently merged with TDI and the Comissioner still seems to be hammering out how that works.
Self-Insured Medical plans and TPAs are still subject to some limited state regulation by insurance departments, even so.
Based on my reading, I would tend to think you do need to be licensed by TDI as a TPA, as most standing legal decisions/interpretations/laws about insurance regulations tend to have the Feds deferring to the states for insurance regulation. Although if you know the specific ERISA bit that exempts you from licensing, I would find it interesting reading, but then I am a nerd that way.
Exactly where the boundary between Federal regs and State regs regarding TPAs, seems to be somewhat murky, although one can read a lot about it in the Healhplanlaw.com website.
I don't envy you in the job of navigating your company through the patchwork of laws. No wonder you dislike government interference so much...
