(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:
(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
  • articles of incorporation: means :
    (a) the original articles;
    (b) a special law;
    (c) a charter;
    (d) an amendment;
    (e) restated articles;
    (f) articles of merger or consolidation;
    (g) a trust instrument;
    (h) another constitutive document for a trust or other entity that is not a corporation; and
    (i) an amendment to an item listed in Subsections (11)(a) through (h). See Utah Code 31A-1-301
  • Bylaws: includes comparable rules for a trust or other entity that is not a corporation. See Utah Code 31A-1-301
  • 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
  • (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