31A-8a-103.  Scope and purposes.

(1)  A person shall comply with the provisions of this chapter if the person operates a health discount program in this state.

Terms Used In Utah Code 31A-8a-103

  • Person: means :Utah Code 68-3-12.5
  • 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
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
(2)  Notwithstanding any provision in this title, a person who only operates or markets a health discount program is exempt from:

(a)  Section 31A-4-113;

(b)  Section 31A-4-113.5;

(c)  Chapter 6a, Service Contracts;

(d)  Chapter 7, Nonprofit Health Service Insurance Corporations;

(e)  Section 31A-8-209;

(f)  Section 31A-8-211;

(g)  Section 31A-8-214;

(h)  Chapter 9, Insurance Fraternals, Chapter 10, Annuities, Chapter 11, Motor Clubs, and Chapter 12, State Risk Management Fund;

(i)  Chapter 17, Determination of Financial Condition, and Chapter 18, Investments;

(j)  Chapter 19a, Utah Rate Regulation Act;

(k)  Sections 31A-23a-103 and 31A-23a-104;

(l)  Chapter 25, Third Party Administrators, and Chapter 26, Insurance Adjusters;

(m)  Chapter 28, Guaranty Associations, and Chapter 29, Comprehensive Health Insurance Pool Act; and

(n)  Chapter 35, Bail Bond Act, Chapter 36, Life Settlements Act, Chapter 37, Captive Insurance Companies Act, and Chapter 38, Federal Health Care Tax Credit Program Act.

(3)  A person licensed under this title as an accident and health insurer or health maintenance organization:

(a)  is not required to obtain a license as required by Section 31A-8a-201 to operate a health discount program; and

(b)  is required to comply with all other provisions of this chapter.

(4)  The purposes of this chapter include:

(a)  full disclosure in the sale of health discount programs;

(b)  reasonable regulation of the marketing and disclosure practices of health discount program operators; and

(c)  licensing standards for health discount programs.

(5)  Nothing in this chapter prohibits a health discount program operator from marketing a health discount program operator’s own services without a health discount program marketer license.

Amended by Chapter 258, 2015 General Session