31A-29-104. Creation of pool -- Board of directors -- Appointment -- Terms --
Quorum -- Plan preparation.
(1) There is created the "Utah Comprehensive Health Insurance Pool," a nonprofit entity
within the Insurance Department.
(2) The pool shall be under the direction of a board of directors composed of 12
members.
(a) The governor shall appoint ten of the directors with the consent of the Senate as
follows:
(i) two representatives of health insurance companies or health service organizations;
(ii) one representative of a health maintenance organization;
(iii) one physician;
(iv) one representative of hospitals;
(v) one representative of the general public who is reasonably expected to qualify for
coverage under the pool;
(vi) one parent or spouse of such an individual;
(vii) one representative of the general public;
(viii) one representative of employers; and
(ix) one licensed producer with an accident and health line of authority.
(b) The board shall also include:
(i) the commissioner or the commissioner's designee; and
(ii) the executive director of the Department of Health or the executive director's
designee.
(3) (a) Except as required by Subsection (3)(b), as terms of current board members
expire, the governor shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of board
members are staggered so that approximately half of the board is appointed every two years.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term in the same manner as the original appointment was made.
(5) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of
the member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107 from the Pool Fund.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per
diem, or expenses from their agency for their service may receive per diem and expenses incurred
in the performance of their official duties from the pool at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107.
(ii) A state government member who is a member because of their state government
position may not receive per diem or expenses for their service.
(iii) State government officer and employee members may decline to receive per diem
and expenses for their service.
(6) The board shall elect annually a chair and vice chair from its membership.
(7) Six board members are a quorum for the transaction of business.
(8) The action of a majority of the members of the quorum is the action of the board.
Amended by Chapter 40, 2007 General Session
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Last revised: Thursday, May 28, 2009