If a county provides for medical care and hospitalization or provides for compensation, accident, hospital, and disability insurance to persons listed under Section 157.002(a)(1), the county:
(1) has not created an insurance pool with a flood control district, hospital district, or other governmental entity, unless the county enters into a contract under Chapter 172; and
(2) is not an insurance company subject to the Insurance Code or to regulation by the Texas Department of Insurance as an insurance company.