Utah Code 31A-21-504. Investigation — Use of information used — Disclosure
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(1) An insurer may not ask an insured or applicant or use any other means to determine whether the insured or applicant is the subject of domestic abuse.
Terms Used In Utah Code 31A-21-504
- Agency: means :(6)(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and(6)(b) an insurance organization licensed or required to be licensed under Section
31A-23a-301 ,31A-25-207 , or31A-26-209 . See Utah Code 31A-1-301- Fraud: Intentional deception resulting in injury to another.
- Health care: means any of the following intended for use in the diagnosis, treatment, mitigation, or prevention of a human ailment or impairment:
(83)(a) a professional service;(83)(b) a personal service;(83)(c) a facility;(83)(d) equipment;(83)(e) a device;(83)(f) supplies; or(83)(g) medicine. See Utah Code 31A-1-301- Individual: means a natural person. 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- Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:
(103)(a)(i) a policyholder;(103)(a)(ii) a subscriber;(103)(a)(iii) a member; and(103)(a)(iv) a beneficiary. See Utah Code 31A-1-301- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Member: means a person having membership rights in an insurance corporation. 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- 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
(2) If an insured or applicant voluntarily discloses to the insurer or to the insured’s or applicant’s treating physician that the insured or applicant or a member of the insured’s or applicant’s household is the subject of domestic abuse, an insurer may not use the information of domestic violence or child abuse in violation of this part.(3)(3)(a) An insurer may not disclose or transfer information to a third party relating to whether a specifically identifiable insured or applicant is the subject of domestic abuse unless the information:(3)(a)(i) is required to be disclosed by the commissioner;(3)(a)(ii) is required to be disclosed by a court of competent jurisdiction;(3)(a)(iii) is necessary for the direct provision of health care services;(3)(a)(iv) is permitted to be disclosed to an authorized agency under Chapter 31, Insurance Fraud Act;(3)(a)(v) is required to be disclosed by abuse reporting laws; or(3)(a)(vi) is authorized to be disclosed by the written consent of the individual who is the subject of domestic abuse, if that person is at least 18 years old.(3)(b) Subsection (3)(a) may not prevent an insured or applicant from obtaining the insured’s or applicant’s own medical or insurance records.(3)(c) Disclosure of information permitted under Subsection (3)(a) is subject to any state or federal law related to the confidentiality of medical information.(3)(d) For purposes of Subsection (3)(a), “third party” does not include an insurer’s employees, agents, or contractors who are engaged in the insurer’s necessary business operation.(4) This section may not be construed to prohibit an insurer from:(4)(a) asking an applicant or insured about a medical condition, even if the condition is related to domestic violence or child abuse;(4)(b) using information obtained under Subsection (4)(a) for the purpose of actions or practices permitted under this part.