(1)  Except as provided in Subsection 31A-8a-103(3), prior to operating or marketing a health discount program, a person shall:

Terms Used In Utah Code 31A-8a-201

  • Application: means a document:
(a) 
(i) completed by an applicant to provide information about the risk to be insured; and
(ii) that contains information that is used by the insurer to evaluate risk and decide whether to:
(A) insure the risk under:
(I) the coverage as originally offered; or
(II) a modification of the coverage as originally offered; or
(B) decline to insure the risk; or
(b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
  • Fee: means any periodic charge for use of a discount program. See Utah Code 31A-8a-102
  • Filed: means that a filing is:
    (i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
    (ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
    (iii) accompanied by the appropriate fee in accordance with:
    (A) Section 31A-3-103; or
    (B) rule. See Utah Code 31A-1-301
  • Form: means one of the following prepared for general use:
    (i) a policy;
    (ii) a certificate;
    (iii) an application;
    (iv) an outline of coverage; or
    (v) an endorsement. See Utah Code 31A-1-301
  • Health care: means any of the following intended for use in the diagnosis, treatment, mitigation, or prevention of a human ailment or impairment:
    (a) a professional service;
    (b) a personal service;
    (c) a facility;
    (d) equipment;
    (e) a device;
    (f) supplies; or
    (g) medicine. See Utah Code 31A-1-301
  • Health discount program: means a business arrangement or contract in which a person pays fees, dues, charges, or other consideration in exchange for a program that provides access to health care providers who agree to provide a discount for health care services. See Utah Code 31A-8a-102
  • Marketing: means making or causing to be made any communication that contains information that relates to a product or contract regulated under this chapter. See Utah Code 31A-8a-102
  • 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
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • (a)  be authorized to transact business in this state; and

    (b)  be licensed by the commissioner.
  • (2) 

    (a)  An application for licensure under this chapter shall be filed with the commissioner on a form prescribed by the commissioner.

    (b)  The application shall be sworn to by an officer or authorized representative of the health discount program and shall include:

    (i)  articles of incorporation with bylaws or other enabling documents that establish the organizational structure;

    (ii)  information required by the commissioner by administrative rule which the commissioner determines is necessary to:

    (A)  identify and locate principals, operators, and marketers involved with the health discount program; and

    (B)  protect the interests of enrollees of health discount programs, health care providers, and consumers;

    (iii)  biographical information, and when requested by the commissioner, a criminal background check, under the provisions of Subsection 31A-23a-105(3);

    (iv)  the disclosures required in Section 31A-8a-203; and

    (v)  the fee established in accordance with Section 31A-3-103.

    Amended by Chapter 135, 2013 General Session