a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
(ii)
a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
(iii)
a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
Person: includes :
(a)
an individual;
(b)
a partnership;
(c)
a corporation;
(d)
an incorporated or unincorporated association;
(e)
a joint stock company;
(f)
a trust;
(g)
a limited liability company;
(h)
a reciprocal;
(i)
a syndicate; or
(j)
another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
(a)
emergency care;
(b)
inpatient hospital and physician care;
(c)
outpatient medical services; and
(d)
out-of-area coverage.
(2)
“Health maintenance organization” means any person:
an individual who contracts to render professional or personal services that the individual directly performs; and
(b)
that:
(i)
furnishes at a minimum, either directly or through arrangements with others, basic health care services to an enrollee in return for prepaid periodic payments agreed to in amount prior to the time during which the health care may be furnished; and
(ii)
is obligated to the enrollee to arrange for or to directly provide available and accessible health care.
(3)
(a)
“Limited health plan” means, except as limited under Subsection (3)(b), a person who furnishes dental or vision services, either directly or through arrangements with others:
(i)
to an enrollee;
(ii)
in return for prepaid periodic payments agreed to in amount prior to the time during which the services may be furnished; and
(iii)
for which the person is obligated to the enrollee to arrange for or directly provide the available and accessible services described in this Subsection (3)(a).
an individual who contracts to render professional or personal services that the individual performs.
(4)
(a)
“Nonprofit organization” or “nonprofit corporation” means an organization no part of the income of which is distributable to its members, trustees, or officers, or a nonprofit cooperative association, except in a manner allowed under Section 31A-8-406.
(b)
“Nonprofit health maintenance organization” and “nonprofit limited health plan” are used when referring specifically to one of the types of organizations with “nonprofit” status.
(5)
“Organization” means a health maintenance organization and limited health plan, unless used in the context of:
(a)
“organization expenses,” which is described in Section 31A-8-208.
(b)
“organization permit,” which is described in Sections 31A-8-204 and 31A-8-206; or
(6)
“Uncovered expenditures” means the costs of health care services that are covered by an organization for which an enrollee is liable in the event of the organization’s insolvency.
(7)
“Unusual or infrequently used health services” means those health services that are projected to involve fewer than 10% of the organization’s enrollees’ encounters with providers, measured on an annual basis over the organization’s entire enrollment.
