Utah Code 31A-2-212. Miscellaneous duties
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(1) Upon issuance of an order limiting, suspending, or revoking a person‘s authority to do business in Utah, and when the commissioner begins a proceeding against an insurer under Chapter 27a, Insurer Receivership Act, the commissioner:
Terms Used In Utah Code 31A-2-212
- authorized insurer: means an insurer:(191)(b)(i) holding a valid certificate of authority to do an insurance business in this state; and(191)(b)(ii) transacting business as authorized by a valid certificate. See Utah Code 31A-1-301
- Certificate: means evidence of insurance given to:
(23)(a) an insured under a group insurance policy; or(23)(b) a third party. See Utah Code 31A-1-301- Dependent: A person dependent for support upon another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Filed: means that a filing is:
(69)(a)(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;(69)(a)(ii) received by the department within the time period provided in applicable statute, rule, or filing order; and(69)(a)(iii) accompanied by the appropriate fee in accordance with:(69)(a)(iii)(A) Section31A-3-103 ; or(69)(a)(iii)(B) rule. See Utah Code 31A-1-301- health insurance: means insurance providing:
(84)(a)(i) a health care benefit; or(84)(a)(ii) payment of an incurred health care expense. See Utah Code 31A-1-301- Insurance: includes :
(96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;(96)(b)(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(96)(b)(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- Order: means an order of the commissioner. See Utah Code 31A-1-301
- Person: includes :
(146)(a) an individual;(146)(b) a partnership;(146)(c) a corporation;(146)(d) an incorporated or unincorporated association;(146)(e) a joint stock company;(146)(f) a trust;(146)(g) a limited liability company;(146)(h) a reciprocal;(146)(i) a syndicate; or(146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301- PPACA: means the Patient Protection and Affordable Care Act, Pub. See Utah Code 31A-1-301
- Premium: includes , however designated:
(156)(b)(i) an assessment;(156)(b)(ii) a membership fee;(156)(b)(iii) a required contribution; or(156)(b)(iv) monetary consideration. See Utah Code 31A-1-301- Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
- Rate: means :
(163)(a)(i) the cost of a given unit of insurance; or(163)(a)(ii) for property or casualty insurance, that cost of insurance per exposure unit either expressed as:(163)(a)(ii)(A) a single number; or(163)(a)(ii)(B) a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of:(163)(a)(ii)(B)(I) expenses;(163)(a)(ii)(B)(II) profit; and(163)(a)(ii)(B)(III) individual insurer variation in loss experience. 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1)(a) shall notify by mail the producers of the person or insurer of whom the commissioner has record; and(1)(b) may publish notice of the order or proceeding in any manner the commissioner considers necessary to protect the rights of the public.(2)(2)(a) When required for evidence in a legal proceeding, the commissioner shall furnish a certificate of authority of a licensee to transact the business of insurance in Utah on any particular date.(2)(b) The court or other officer shall receive a certificate of authority described in this Subsection (2) in lieu of the commissioner’s testimony.(3)(3)(a) On the request of an insurer authorized to do a surety business, the commissioner shall furnish a copy of the insurer’s certificate of authority to a designated public officer in this state who requires that certificate of authority before accepting a bond.(3)(b) The public officer described in Subsection (3)(a) shall file the certificate of authority furnished under Subsection (3)(a).(3)(c) After a certified copy of a certificate of authority is furnished to a public officer, it is not necessary, while the certificate of authority remains effective, to attach a copy of it to any instrument of suretyship filed with that public officer.(3)(d) Whenever the commissioner revokes the certificate of authority or begins a proceeding under Chapter 27a, Insurer Receivership Act, against an insurer authorized to do a surety business, the commissioner shall immediately give notice of that action to each public officer who is sent a certified copy under this Subsection (3).(4)(4)(a) The commissioner shall immediately notify every judge and clerk of the courts of record in the state when:(4)(a)(i) an authorized insurer doing a surety business:(4)(a)(i)(A) files a petition for receivership; or(4)(a)(i)(B) is in receivership; or(4)(a)(ii) the commissioner has reason to believe that the authorized insurer doing surety business:(4)(a)(ii)(A) is in financial difficulty; or(4)(a)(ii)(B) has unreasonably failed to carry out any of the authorized insurer’s contracts.(4)(b) Upon the receipt of the notice required by this Subsection (4), it is the duty of the judges and clerks to notify and require a person that files with the court a bond on which the authorized insurer doing surety business is surety to immediately file a new bond with a new surety.(5)(5)(a) The commissioner shall require an insurer that issues, sells, renews, or offers health insurance coverage in this state to comply with PPACA and administrative rules adopted by the commissioner related to regulation of health benefit plans, including:(5)(a)(i) lifetime and annual limits;(5)(a)(ii) prohibition of rescissions;(5)(a)(iii) coverage of preventive health services;(5)(a)(iv) coverage for a child or dependent;(5)(a)(v) pre-existing condition limitations;(5)(a)(vi) insurer transparency of consumer information including plan disclosures, uniform coverage documents, and standard definitions;(5)(a)(vii) premium rate reviews;(5)(a)(viii) essential health benefits;(5)(a)(ix) provider choice;(5)(a)(x) waiting periods;(5)(a)(xi) appeals processes;(5)(a)(xii) rating restrictions;(5)(a)(xiii) uniform applications and notice provisions;(5)(a)(xiv) certification and regulation of qualified health plans; and(5)(a)(xv) network adequacy standards.(5)(b) The commissioner shall preserve state control over:(5)(b)(i) the health insurance market in the state;(5)(b)(ii) qualified health plans offered in the state; and(5)(b)(iii) the conduct of navigators, producers, and in-person assisters operating in the state. - Certificate: means evidence of insurance given to: