31A-8a-102.  Definitions.
     As used in this chapter:

(1)  “Fee” means any periodic charge for use of a discount program.

Terms Used In Utah Code 31A-8a-102

  • Contract: A legal written agreement that becomes binding when signed.
  • Fee: means any periodic charge for use of a discount program. See Utah Code 31A-8a-102
  • 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
  • License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
  • Member: means a person having membership rights in an insurance corporation. 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
  • 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)  “Health care provider” means a health care provider as defined in Section 78B-3-403, with the exception of “licensed athletic trainer,” who:

    (a)  is practicing within the scope of the provider’s license; and

    (b)  has agreed either directly or indirectly, by contract or any other arrangement with a health discount program operator, to provide a discount to enrollees of a health discount program.

    (3) 

    (a)  “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.

    (b)  “Health discount program” does not include a program that does not charge a membership fee or require other consideration from the member to use the program’s discounts for health services.

    (4)  “Health discount program marketer” means a person, including a private label entity, that markets, promotes, sells, or distributes a health discount program but does not operate a health discount program.

    (5)  “Health discount program operator” means a person that provides a health discount program by entering into a contract or agreement, directly or indirectly, with a person or persons in this state who agree to provide discounts for health care services to enrollees of the health discount program and determines the charge to members.

    (6)  “Marketing” means making or causing to be made any communication that contains information that relates to a product or contract regulated under this chapter.

    (7)  “Value-added benefit” means a discount offering with no additional charge made by a health insurer or health maintenance organization that is licensed under this title, in connection with existing contracts with the health insurer or health maintenance organization.

    Amended by Chapter 319, 2018 General Session