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S.B. 76 Enrolled

                 

Corrected Version

                 
INSURANCE LAW CHANGES

                 
1998 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: L. Steven Poulton

                  AN ACT RELATING TO INSURANCE; ALLOWING REPLACEMENT OF CERTAIN
                  POLICIES OR ANNUITIES; AMENDING DEFINITIONS; AMENDING PROVISIONS FOR
                  LICENSING AGENTS; REQUIRING AN INSURANCE COMPANY FILE A PLAN IF IT
                  INTENDS TO WITHDRAW FROM THE UTAH MARKET; AMENDING MANDATORY
                  COVERAGE FOR RENTAL COMPANIES; MODIFYING FEE AND ASSESSMENT
                  PROVISIONS; REPLACING EXISTING HEALTH BENEFITS FOR AN ADOPTED CHILD
                  WITH AN INDEMNITY BENEFIT; MAKING CONVERSION COVERAGE BENEFITS
                  THE SAME AS BASIC COVERAGE OFFERED THROUGH OPEN ENROLLMENT;
                  ADDRESSING EXTENSION OF COVERAGE; EXPANDING HIGH RISK POOL
                  COVERAGE FOR PREEXISTING CONDITIONS; REQUIRING AN INSURED GIVE
                  NOTICE OF PREVIOUS HEALTH INSURANCE FOR COVERAGE OF PREEXISTING
                  CONDITIONS; AMENDING ELIGIBILITY FOR HEALTH INSURANCE POOL;
                  ADDRESSING MARKETING ISSUES; AMENDING WORKERS' COMPENSATION
                  FRAUD PROVISIONS; AND MAKING TECHNICAL CORRECTIONS; AND REPEALING
                  PROVISIONS ON CONVERSION COVERAGE.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      31A-1-104, as last amended by Chapter 20, Laws of Utah 1995
                      31A-1-301, as last amended by Chapter 185, Laws of Utah 1997
                      31A-3-103, as last amended by Chapter 10, Laws of Utah 1997
                      31A-8-105, as last amended by Chapter 261, Laws of Utah 1989
                      31A-22-314, as enacted by Chapter 316, Laws of Utah 1994
                      31A-22-423, as last amended by Chapter 261, Laws of Utah 1989
                      31A-22-610.1, as enacted by Chapter 206, Laws of Utah 1996


                      31A-22-703, as last amended by Chapter 230, Laws of Utah 1992
                      31A-22-711, as enacted by Chapter 242, Laws of Utah 1985
                      31A-22-714, as last amended by Chapters 102 and 344, Laws of Utah 1995
                      31A-23-102, as last amended by Chapter 9, Laws of Utah 1996, Second Special Session
                      31A-23-204, as last amended by Chapter 316, Laws of Utah 1994
                      31A-23-215, as last amended by Chapter 9, Laws of Utah 1996, Second Special Session
                      31A-29-111, as last amended by Chapter 265, Laws of Utah 1997
                      31A-29-113, as enacted by Chapter 232, Laws of Utah 1990
                      31A-30-107, as last amended by Chapter 265, Laws of Utah 1997
                      31A-30-108, as last amended by Chapter 265, Laws of Utah 1997
                      34A-2-110, as last amended by Chapter 185 and renumbered and amended by Chapter 375,                   Laws
                  of Utah 1997
                  ENACTS:
                      31A-4-115, Utah Code Annotated 1953
                      31A-23-315, Utah Code Annotated 1953
                  REPEALS AND REENACTS:
                      31A-22-708, as enacted by Chapter 242, Laws of Utah 1985
                  REPEALS:
                      31A-22-706, as enacted by Chapter 242, Laws of Utah 1985
                      31A-22-707, as last amended by Chapter 20, Laws of Utah 1995
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 31A-1-104 is amended to read:
                       31A-1-104. Authorization to do insurance business.
                      [No] A person may not engage in the following without complying with this [code] title:
                      (1) do an insurance business as defined under Subsection 31A-1-301 (44);
                      (2) act as an insurance agent, broker, or consultant as defined under Section [ 31A-23-102 ]
                  31A-1-301 ; or
                      (3) engage in insurance adjusting as defined under Section 31A-26-102 .

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                      Section 2. Section 31A-1-301 is amended to read:
                       31A-1-301. Definitions.
                      As used in this title, unless otherwise specified:
                      (0.5) "Administrator" is defined in Subsection (77).
                      (1) "Adult" means a natural person who has attained the age of at least 18 years.
                      (2) "Affiliate" means any person who controls, is controlled by, or is under common control
                  with, another person. A corporation is an affiliate of another corporation, regardless of ownership,
                  if substantially the same group of natural persons manages the corporations.
                      (3) "Alien insurer" means an insurer domiciled outside the United States.
                      (4) "Annuities" means all agreements to make periodical payments for a period certain or
                  over the lifetime of one or more natural persons if the making or continuance of all or some of the
                  series of the payments, or the amount of the payment, is dependent upon the continuance of human
                  life.
                      (5) "Articles" or "articles of incorporation" means the original articles, special laws, charters,
                  amendments, restated articles, articles of merger or consolidation, trust instruments, and other
                  constitutive documents for trusts and other entities that are not corporations, and amendments to any
                  of these. Refer also to "bylaws" in this section and Section 31A-5-203 .
                      (6) "Bail bond insurance" means a guarantee that a person will attend court when required,
                  or will obey the orders or judgment of the court, as a condition to the release of that person from
                  confinement.
                      (7) "Binder" is defined in Section 31A-21-102 .
                      (8) "Board," "board of trustees," or "board of directors" means the group of persons with
                  responsibility over, or management of, a corporation, however designated. Refer also to "trustee"
                  in this section.
                      (9) "Business of insurance" is defined in Subsection (44).
                      (10) "Business plan" means the information required to be supplied to the commissioner
                  under Subsections 31A-5-204 (2)(i) and (j), including the information required when these
                  subsections are applicable by reference under Section 31A-7-201 , Section 31A-8-205 , or Subsection

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                  31A-9-205 (2).
                      (11) "Bylaws" means the rules adopted for the regulation or management of a corporation's
                  affairs, however designated. It includes comparable rules for trusts and other entities that are not
                  corporations. Refer also to "articles" and Section 31A-5-203 .
                      (12) "Casualty insurance" means liability insurance as defined in Subsection (50).
                      (13) "Certificate" means the evidence of insurance given to an insured under a group policy.
                      (14) "Certificate of authority" is included within the term "license."
                      (14.5) "Claim," unless the context otherwise requires, means a request or demand on an
                  insurer for payment of benefits according to the terms of an insurance policy.
                      (14.6) "Claims-made coverage" means any insurance contract or provision limiting coverage
                  under a policy insuring against legal liability to claims that are first made against the insured while
                  the policy is in force.
                      (15) "Commissioner" or "commissioner of insurance" means Utah's insurance commissioner.
                  Where appropriate, these terms apply to the equivalent supervisory official of another jurisdiction.
                      (16) "Control," "controlling," "controlled," or "under common control" means the direct or
                  indirect possession of the power to direct or cause the direction of the management and policies of
                  a person. This control may be by contract, by common management, through the ownership of
                  voting securities, or otherwise. There is no presumption that an individual holding an official
                  position with another person controls that person solely by reason of the position. A person having
                  a contract or arrangement giving control is considered to have control despite the illegality or
                  invalidity of the contract or arrangement. There is a rebuttable presumption of control in a person
                  who directly or indirectly owns, controls, holds with the power to vote, or holds proxies to vote 10%
                  or more of the voting securities of another person. Refer also to "affiliate" in this section.
                      (17) (a) "Corporation" means insurance corporation, except where referring under Chapter
                  23, Insurance Marketing - Licensing Agents, Brokers and Consultants, and Reinsurance
                  Intermediaries, and Chapter 26, Insurance Adjusters, to corporations doing business as insurance
                  agents, brokers, consultants, or adjusters, or where referring under Chapter 16, Insurance Holding
                  Companies, to a noninsurer which is part of a holding company system.

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                      (b) "Stock corporation" means stock insurance corporation.
                      (c) "Mutual" or "mutual corporation" means mutual insurance corporation.
                      (18) "Credit disability insurance" means insurance on a debtor to provide indemnity for
                  payments coming due on a specific loan or other credit transaction while the debtor is disabled.
                  Refer also to Subsection 31A-22-802 (1).
                      (19) "Credit insurance" means surety insurance under which mortgagees and other creditors
                  are indemnified against losses caused by the default of debtors.
                      (20) "Credit life insurance" means insurance on the life of a debtor in connection with a loan
                  or other credit transaction. Refer also to Subsection 31A-22-802 (2).
                      (21) "Creditor" means a person, including an insured, having any claim, whether matured,
                  unmatured, liquidated, unliquidated, secured, unsecured, absolute, fixed, or contingent.
                      (22) "Deemer clause" means a provision under this title under which upon the occurrence
                  of a condition precedent, the commissioner is deemed to have taken a specific action. If the statute
                  so provides, the condition precedent may be the commissioner's failure to take a specific action.
                  Refer also to Section 31A-2-302 .
                      (23) "Degree of relationship" means the number of steps between two persons determined
                  by counting the generations separating one person from a common ancestor and then counting the
                  generations to the other person.
                      (24) "Department" means the Insurance Department.
                      (25) "Director" means a member of the board of directors of a corporation.
                      (26) "Disability insurance" means insurance written to indemnify for losses and expenses
                  resulting from accident or sickness, to provide payments to replace income lost from accident or
                  sickness, and to pay for services resulting directly from accident or sickness, including medical,
                  surgical, hospital, and other ancillary expenses.
                      (27) "Domestic insurer" means an insurer organized under the laws of this state.
                      (28) "Domiciliary state" means the state in which an insurer is incorporated or organized or,
                  in the case of an alien insurer, the state of entry into the United States.
                      (29) "Employee benefits" means one or more benefits or services provided employees or

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                  their dependents.
                      (30) "Employee welfare fund" means a fund established or maintained by one or more
                  employers, one or more labor organizations, or a combination of employers and labor organizations,
                  whether directly or through trustees. This fund is to provide employee benefits paid or contracted
                  to be paid, other than income from investments of the fund, by or on behalf of an employer doing
                  business in this state or for the benefit of any person employed in this state. It includes plans funded
                  or subsidized by user fees or tax revenues.
                      (31) "Excludes" is not exhaustive and does not mean that other things are not also excluded.
                  The items listed are representative examples for use in interpretation of this title.
                      (31.5) "Fidelity insurance" means insurance guaranteeing the fidelity of persons holding
                  positions of public or private trust.
                      (31.7) "First party insurance" means an insurance policy or contract in which the insurer
                  agrees to pay claims submitted to it by the insured for the insured's losses.
                      (32) "Foreign insurer" means an insurer domiciled outside of this state, including an alien
                  insurer.
                      (33) "Form" means a policy, certificate, or application prepared for general use. It does not
                  include one specially prepared for use in an individual case. Refer also to "policy" in this section.
                      (34) "Franchise insurance" means individual insurance policies provided through a mass
                  marketing arrangement involving a defined class of persons related in some way other than through
                  the purchase of insurance.
                      (35) "Health care insurance" or "health insurance" means disability insurance providing
                  benefits solely of medical, surgical, hospital, or other ancillary services or payment of medical,
                  surgical, hospital, or other ancillary expenses incurred. "Health care insurance" or "health insurance"
                  does not include disability insurance providing benefits for:
                      (a) replacement of income;
                      (b) short-term accident;
                      (c) fixed indemnity;
                      (d) credit disability;

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                      (e) supplements to liability;
                      (f) workers' compensation;
                      (g) automobile medical payment;
                      (h) no-fault automobile;
                      (i) equivalent self-insurance; or
                      (j) any type of disability insurance coverage that is a part of or attached to another type of
                  policy.
                      (35.5) "Indemnity" means the payment of an amount to offset all or part of an insured loss.
                      (36) "Independent adjuster" means an insurance adjuster required to be licensed under
                  Section 31A-26-201 who engages in insurance adjusting as a representative of insurers. Refer also
                  to Section 31A-26-102 .
                      (37) "Independently procured insurance" means insurance procured under Section
                  31A-15-104 .
                      (37.5) "Individual" means a natural person.
                      (38) "Inland marine insurance" includes insurance covering:
                      (a) property in transit on or over land;
                      (b) property in transit over water by means other than boat or ship;
                      (c) bailee liability;
                      (d) fixed transportation property such as bridges, electric transmission systems, radio and
                  television transmission towers and tunnels; and
                      (e) personal and commercial property floaters.
                      (39) "Insolvency" means that:
                      (a) an insurer is unable to pay its debts or meet its obligations as they mature;
                      (b) an insurer's total adjusted capital is less than the insurer's mandatory control level RBC
                  under Subsection 31A-17-601 (7)(c); or
                      (c) an insurer is determined to be hazardous under this title.
                      (40) "Insurance" means any arrangement, contract, or plan for the transfer of a risk or risks
                  from one or more persons to one or more other persons, or any arrangement, contract, or plan for the

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                  distribution of a risk or risks among a group of persons that includes the person seeking to distribute
                  his risk. "Insurance" includes:
                      (a) risk distributing arrangements providing for compensation or replacement for damages
                  or loss through the provision of services or benefits in kind;
                      (b) contracts of guaranty or suretyship entered into by the guarantor or surety as a business
                  and not as merely incidental to a business transaction; and
                      (c) plans in which the risk does not rest upon the person who makes the arrangements, but
                  with a class of persons who have agreed to share it.
                      (41) "Insurance adjuster" means a person who directs the investigation, negotiation, or
                  settlement of a claim under an insurance policy other than life insurance or an annuity, on behalf of
                  an insurer, policyholder, or a claimant under an insurance policy. Refer also to Section 31A-26-102 .
                      (41.5) "Interinsurance exchange" is defined in Subsection (69).
                      (42) "Insurance agent" or "agent" means a person who represents insurers in soliciting,
                  negotiating, or placing insurance. Refer to Subsection 31A-23-102 [(3)] (2) for exceptions to this
                  definition.
                      (43) "Insurance broker" or "broker" means a person who acts in procuring insurance on
                  behalf of an applicant for insurance or an insured, and does not act on behalf of the insurer except
                  by collecting premiums or performing other ministerial acts. Refer [also] to Subsection
                  31A-23-102 [(3)] (2) for exceptions to this definition.
                      (44) "Insurance business" or "business of insurance" includes:
                      (a) providing health care insurance, as defined in Subsection (35), by organizations that are
                  or should be licensed under this title;
                      (b) providing benefits to employees in the event of contingencies not within the control of
                  the employees, in which the employees are entitled to the benefits as a right, which benefits may be
                  provided either by single employers or by multiple employer groups through trusts, associations, or
                  other entities;
                      (c) providing annuities, including those issued in return for gifts, except those provided by
                  persons specified in Subsections 31A-22-1305 (2) and (3);

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                      (d) providing the characteristic services of motor clubs as outlined in Subsection (56);
                      (e) providing other persons with insurance as defined in Subsection (40);
                      (f) making as insurer, guarantor, or surety, or proposing to make as insurer, guarantor, or
                  surety, any contract or policy of title insurance;
                      (g) transacting or proposing to transact any phase of title insurance, including solicitation,
                  negotiation preliminary to execution, execution of a contract of title insurance, insuring, and
                  transacting matters subsequent to the execution of the contract and arising out of it, including
                  reinsurance; and
                      (h) doing, or proposing to do, any business in substance equivalent to Subsections (44)(a)
                  through (g) in a manner designed to evade the provisions of this title.
                      (45) "Insurance consultant" or "consultant" means a person who advises other persons about
                  insurance needs and coverages, is compensated by the person advised on a basis not directly related
                  to the insurance placed, and is not compensated directly or indirectly by an insurer, agent, or broker
                  for advice given. Refer [also] to Subsection 31A-23-102 [(3)] (2) for exceptions to this definition.
                      (46) "Insurance holding company system" means a group of two or more affiliated persons,
                  at least one of whom is an insurer.
                      (47) "Insured" means a person to whom or for whose benefit an insurer makes a promise in
                  an insurance policy. The term includes policyholders, subscribers, members, and beneficiaries. This
                  definition applies only to the provisions of this title and does not define the meaning of this word
                  as used in insurance policies or certificates.
                      (48) (a) "Insurer" means any person doing an insurance business as a principal, including
                  fraternal benefit societies, issuers of gift annuities other than those specified in Subsections
                  31A-22-1305 (2) and (3), motor clubs, employee welfare plans, and any person purporting or
                  intending to do an insurance business as a principal on his own account. It does not include a
                  governmental entity, as defined in Subsection 63-30-2 (3), to the extent it is engaged in the activities
                  described in Section 31A-12-107 .
                      (b) "Admitted insurer" is defined in Subsection (80)(b).
                      (c) "Alien insurer" is defined in Subsection (3).

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                      (d) "Authorized insurer" is defined in Subsection (80)(b).
                      (e) "Domestic insurer" is defined in Subsection (27).
                      (f) "Foreign insurer" is defined in Subsection (32).
                      (g) "Nonadmitted insurer" is defined in Subsection (80)(a).
                      (h) "Unauthorized insurer" is defined in Subsection (80)(a).
                      (49) "Legal expense insurance" means insurance written to indemnify or pay for specified
                  legal expenses. It includes arrangements that create reasonable expectations of enforceable rights,
                  but it does not include the provision of, or reimbursement for, legal services incidental to other
                  insurance coverages. Refer to Section 31A-1-103 for a list of exemptions.
                      (50) (a) "Liability insurance" means insurance against liability:
                      (i) for death, injury, or disability of any human being, or for damage to property, exclusive
                  of the coverages under Subsection (53) for medical malpractice insurance, Subsection (66) for
                  professional liability insurance, and Subsection (83) for workers' compensation insurance;
                      (ii) for medical, hospital, surgical, and funeral benefits to persons other than the insured who
                  are injured, irrespective of legal liability of the insured, when issued with or supplemental to
                  insurance against legal liability for the death, injury, or disability of human beings, exclusive of the
                  coverages under Subsection (53) for medical malpractice insurance, Subsection (66) for professional
                  liability insurance, and Subsection (83) for workers' compensation insurance;
                      (iii) for loss or damage to property resulting from accidents to or explosions of boilers, pipes,
                  pressure containers, machinery, or apparatus;
                      (iv) for loss or damage to any property caused by the breakage or leakage of sprinklers,
                  water pipes and containers, or by water entering through leaks or openings in buildings; or
                      (v) for other loss or damage properly the subject of insurance not within any other kind or
                  kinds of insurance as defined in this chapter, if such insurance is not contrary to law or public policy.
                      (b) "Liability insurance" includes vehicle liability insurance as defined in Subsection (81),
                  residential dwelling liability insurance as defined in Subsection (70.3), and also includes making
                  inspection of, and issuing certificates of inspection upon, elevators, boilers, machinery, and
                  apparatus of any kind when done in connection with insurance on them.

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                      (51) "License" means the authorization issued by the insurance commissioner under this title
                  to engage in some activity that is part of or related to the insurance business. It includes certificates
                  of authority issued to insurers.
                      (52) "Life insurance" means insurance on human lives and insurances pertaining to or
                  connected with human life. The business of life insurance includes granting annuity benefits,
                  granting endowment benefits, granting additional benefits in the event of death by accident or
                  accidental means, granting additional benefits in the event of the total and permanent disability of
                  the insured, and providing optional methods of settlement of proceeds.
                      (53) "Medical malpractice insurance" means insurance against legal liability incident to the
                  practice and provision of medical services other than the practice and provision of dental services.
                      (54) "Member" means a person having membership rights in an insurance corporation.
                  Refer also to "insured" in Subsection (47).
                      (55) "Minimum capital" or "minimum required capital" means the capital that must be
                  constantly maintained by a stock insurance corporation as required by statute. Refer also to
                  "permanent surplus" under Subsection (76)(a) and Sections 31A-5-211 , 31A-8-209 , and 31A-9-209 .
                      (56) "Motor club" means a person licensed under Chapter 5, Domestic Stock and Mutual
                  Insurance Corporations, Chapter 11, Motor Clubs, or Chapter 14, Foreign Insurers, that promises
                  for an advance consideration to provide legal services under Subsection 31A-11-102 (1)(b), bail
                  services under Subsection 31A-11-102 (1)(c), trip reimbursement, towing services, emergency road
                  services, stolen automobile services, a combination of these services, or any other services given in
                  Subsections 31A-11-102 (1)(b) through (f) for a stated period of time.
                      (57) "Mutual" means mutual insurance corporation.
                      (57.5) "Nonparticipating" means a plan of insurance under which the insured is not entitled
                  to receive dividends representing shares of the surplus of the insurer.
                      (58) "Ocean marine insurance" means insurance against loss of or damage to:
                      (a) ships or hulls of ships;
                      (b) goods, freight, cargoes, merchandise, effects, disbursements, profits, moneys, securities,
                  choses in action, evidences of debt, valuable papers, bottomry, respondentia interests, or other

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                  cargoes in or awaiting transit over the oceans or inland waterways;
                      (c) earnings such as freight, passage money, commissions, or profits derived from
                  transporting goods or people upon or across the oceans or inland waterways; or
                      (d) a vessel owner or operator as a result of liability to employees, passengers, bailors,
                  owners of other vessels, owners of fixed objects, customs or other authorities, or other persons in
                  connection with maritime activity.
                      (59) "Order" means an order of the commissioner.
                      (59.5) "Participating" means a plan of insurance under which the insured is entitled to
                  receive dividends representing shares of the surplus of the insurer.
                      (60) "Person" includes an individual, partnership, corporation, incorporated or
                  unincorporated association, joint stock company, trust, reciprocal, syndicate, or any similar entity
                  or combination of entities acting in concert.
                      (61) (a) "Policy" means any document, including attached endorsements and riders,
                  purporting to be an enforceable contract, which memorializes in writing some or all of the terms of
                  an insurance contract. Service contracts issued by motor clubs under Chapter 11, Motor Clubs, and
                  by corporations licensed under Chapter 7, Nonprofit Health Service Insurance Corporations, or
                  Chapter 8, Health Maintenance Organizations and Limited Health Plans, are policies. A certificate
                  under a group insurance contract is not a policy. A document which does not purport to have legal
                  effect is not a policy.
                      (b) "Group insurance policy" means a policy covering a group of persons that is issued to
                  a policyholder on behalf of the group, for the benefit of group members who are selected under
                  procedures defined in the policy or in agreements which are collateral to the policy. This type of
                  policy may, but is not required to, include members of the policyholder's family or dependents.
                      (c) "Blanket insurance policy" means a group policy covering classes of persons without
                  individual underwriting, where the persons insured are determined by definition of the class with or
                  without designating the persons covered.
                      (62) "Policyholder" means the person who controls a policy, binder, or oral contract by
                  ownership, premium payment, or otherwise. Refer also to "insured" in Subsection (47).

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                      (63) "Premium" means the monetary consideration for an insurance policy, and includes
                  assessments, membership fees, required contributions, or monetary consideration, however
                  designated. Consideration paid to third party administrators for their services is not "premium,"
                  though amounts paid by third party administrators to insurers for insurance on the risks administered
                  by the third party administrators are "premium."
                      (64) "Principal officers" of a corporation means the officers designated under Subsection
                  31A-5-203 (3).
                      (65) "Proceedings" includes actions and special statutory proceedings.
                      (66) "Professional liability insurance" means insurance against legal liability incident to the
                  practice of a profession and provision of any professional services.
                      (67) "Property insurance" means insurance against loss or damage to real or personal
                  property of every kind and any interest in that property, from all hazards or causes, and against loss
                  consequential upon the loss or damage including vehicle comprehensive and vehicle physical
                  damage coverages, but excluding inland marine insurance and ocean marine insurance as defined
                  under Subsections (38) and (58).
                      (67.5) "Public agency insurance mutual" means any entity formed by joint venture or
                  interlocal cooperation agreement by two or more political subdivisions or public agencies of the state
                  for the purpose of providing insurance coverage for the political subdivisions or public agencies.
                  Any public agency insurance mutual created under this title and Title 11, Chapter 13, Interlocal
                  Cooperation Act, is considered to be a governmental entity and political subdivision of the state with
                  all of the rights, privileges, and immunities of a governmental entity or political subdivision of the
                  state.
                      (68) (a) Except as provided in Subsection (68)(b), "rate service organization" means any
                  person who assists insurers in rate making or filing by:
                      (i) collecting, compiling, and furnishing loss or expense statistics;
                      (ii) recommending, making, or filing rates or supplementary rate information; or
                      (iii) advising about rate questions, except as an attorney giving legal advice. Refer also to
                  Subsection 31A-19-102 (2).

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                      (b) "Rate service organization" does not mean an employee of an insurer, a single insurer
                  or group of insurers under common control, a joint underwriting group, or a natural person serving
                  as an actuarial or legal consultant.
                      (69) "Reciprocal" or "interinsurance exchange" means any unincorporated association of
                  persons operating through an attorney-in-fact common to all of them and exchanging insurance
                  contracts with one another that provide insurance coverage on each other.
                      (70) "Reinsurance" means an insurance transaction where an insurer, for consideration,
                  transfers any portion of the risk it has assumed to another insurer. In referring to reinsurance
                  transactions, this title sometimes refers to the insurer transferring the risk as the "ceding insurer,"
                  and to the insurer assuming the risk as the "assuming insurer" or the "assuming reinsurer."
                      (70.3) "Residential dwelling liability insurance" means insurance against liability resulting
                  from or incident to the ownership, maintenance, or use of a residential dwelling that is a detached
                  single family residence or multifamily residence up to four units.
                      (71) "Retrocession" means reinsurance with another insurer of a liability assumed under a
                  reinsurance contract. A reinsurer "retrocedes" when it reinsures with another insurer part of a
                  liability assumed under a reinsurance contract.
                      (72) (a) "Security" means any:
                      (i) note;
                      (ii) stock;
                      (iii) bond;
                      (iv) debenture;
                      (v) evidence of indebtedness;
                      (vi) certificate of interest or participation in any profit-sharing agreement;
                      (vii) collateral-trust certificate;
                      (viii) preorganization certificate or subscription;
                      (ix) transferable share;
                      (x) investment contract;
                      (xi) voting trust certificate;

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                      (xii) certificate of deposit for a security;
                      (xiii) certificate of interest of participation in an oil, gas, or mining title or lease or in
                  payments out of production under such a title or lease;
                      (xiv) commodity contract or commodity option;
                      (xv) any certificate of interest or participation in, temporary or interim certificate for, receipt
                  for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in
                  Subsections (72)(a)(i) through (xiv); or
                      (xvi) any other interest or instrument commonly known as a security.
                      (b) "Security" does not include:
                      (i) any insurance or endowment policy or annuity contract under which an insurance
                  company promises to pay money in a specific lump sum or periodically for life or some other
                  specified period; or
                      (ii) a burial certificate or burial contract.
                      (73) "Self-insurance" means any arrangement under which a person provides for spreading
                  its own risks by a systematic plan.
                      (a) Except as provided in this subsection, self-insurance does not include an arrangement
                  under which a number of persons spread their risks among themselves.
                      (b) Self-insurance does include an arrangement by which a governmental entity, as defined
                  in Section 63-30-2 , undertakes to indemnify its employees for liability arising out of the employees'
                  employment.
                      (c) Self-insurance does include an arrangement by which a person with a managed program
                  of self-insurance and risk management undertakes to indemnify its affiliates, subsidiaries, directors,
                  officers, or employees for liability or risk which is related to the relationship or employment.
                  Self-insurance does not include any arrangement with independent contractors.
                      (74) (a) "Subsidiary" of a person means an affiliate controlled by that person either directly
                  or indirectly through one or more affiliates or intermediaries.
                      (b) "Wholly owned subsidiary" of a person is a subsidiary of which all of the voting shares
                  are owned by that person either alone or with its affiliates, except for the minimum number of shares

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                  the law of the subsidiary's domicile requires to be owned by directors or others.
                      (75) Subject to Subsection (40)(b), "surety insurance" includes:
                      (a) a guarantee against loss or damage resulting from failure of principals to pay or perform
                  their obligations to a creditor or other obligee;
                      (b) bail bond insurance; and
                      (c) fidelity insurance.
                      (76) (a) "Surplus" means the excess of assets over the sum of paid-in capital and liabilities.
                      (b) "Permanent surplus" means the surplus of a mutual insurer that has been designated by
                  the insurer as permanent. Sections 31A-5-211 , 31A-7-201 , 31A-8-209 , 31A-9-209 , and 31A-14-209
                  require that mutuals doing business in this state maintain specified minimum levels of permanent
                  surplus. Except for assessable mutuals, the minimum permanent surplus requirement is essentially
                  the same as the minimum required capital requirement that applies to stock insurers. Refer also to
                  Subsection (55) on "minimum capital."
                      (c) "Excess surplus" means:
                      (i) for life or disability insurers, as defined in Subsection 31A-17-601 (3), and property and
                  casualty insurers, as defined in Subsection 31A-17-601 (4), the lesser of:
                      (A) that amount of an insurer's total adjusted capital, as defined in Subsection
                  [ 31A-1-301 ](78.5), that exceeds the product of 2.5 and the sum of the insurer's minimum capital or
                  permanent surplus required under Section 31A-5-211 , 31A-9-209 , or 31A-14-205 ; or
                      (B) that amount of an insurer's total adjusted capital, as defined in Subsection
                  [ 31A-1-301 ](78.5), that exceeds the product of 3.0 and the authorized control level RBC as defined
                  in Subsection 31A-17-601 (7)(a); and
                      (ii) for monoline mortgage guaranty insurers, financial guaranty insurers, and title insurers,
                  that amount of an insurer's paid-in-capital and surplus that exceeds the product of 1.5 and the
                  insurer's total adjusted capital required by Subsection 31A-17-609 (1).
                      (77) "Third party administrator" or "administrator" means any person who collects charges
                  or premiums from, or who, for consideration, adjusts or settles claims of residents of the state in
                  connection with life or disability insurance coverage, annuities, or service insurance coverage,

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                  except:
                      (a) a union on behalf of its members;
                      (b) a person exempt as a trust under Section 514 of the federal Employee Retirement Income
                  Security Act of 1974;
                      (c) an employer on behalf of his employees or the employees of one or more of the
                  subsidiary or affiliated corporations of the employer;
                      (d) an insurer licensed under Chapter 5, 7, 8, 9, or 14, but only with respect to insurance
                  issued by the insurer; or
                      (e) a person licensed or exempt from licensing under Chapter 23 or 26 whose activities are
                  limited to those authorized under the license the person holds or for which the person is exempt.
                  Refer also to Section 31A-25-101 .
                      (78) "Title insurance" means the insuring, guaranteeing, or indemnifying of owners of real
                  or personal property or the holders of liens or encumbrances on that property, or others interested
                  in the property against loss or damage suffered by reason of liens or encumbrances upon, defects in,
                  or the unmarketability of the title to the property, or invalidity or unenforceability of any liens or
                  encumbrances on the property.
                      (78.5) "Total adjusted capital" means the sum of an insurer's statutory capital and surplus
                  as determined in accordance with:
                      (a) the statutory accounting applicable to the annual financial statements required to be filed
                  under Section 31A-4-113 ; and
                      (b) any other items provided by the RBC instructions, as RBC instructions is defined in
                  Subsection 31A-17-601 (6).
                      (79) (a) "Trustee" means "director" when referring to the board of directors of a corporation.
                      (b) "Trustee," when used in reference to an employee welfare fund, means an individual,
                  firm, association, organization, joint stock company, or corporation, whether acting individually or
                  jointly and whether designated by that name or any other, that is charged with or has the overall
                  management of an employee welfare fund.
                      (80) (a) "Unauthorized insurer," "unadmitted insurer," or "nonadmitted insurer" means an

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                  insurer not holding a valid certificate of authority to do an insurance business in this state, or an
                  insurer transacting business not authorized by a valid certificate.
                      (b) "Admitted insurer" or "authorized insurer" means an insurer holding a valid certificate
                  of authority to do an insurance business in this state and transacting business as authorized by a valid
                  certificate.
                      (81) "Vehicle liability insurance" means insurance against liability resulting from or incident
                  to ownership, maintenance, or use of any land vehicle or aircraft, exclusive of vehicle comprehensive
                  and vehicle physical damage coverages under Subsection (67).
                      (82) "Voting security" means a security with voting rights, and includes any security
                  convertible into a security with a voting right associated with it.
                      (83) "Workers' compensation insurance" means:
                      (a) insurance for indemnification of employers against liability for compensation:
                      (i) based upon compensable accidental injuries; and
                      (ii) based on occupational disease disability;
                      (b) employer's liability insurance incidental to workers' compensation insurance and written
                  in connection with it; and
                      (c) insurance assuring to the persons entitled to workers' compensation benefits the
                  compensation provided by law.
                      Section 3. Section 31A-3-103 is amended to read:
                       31A-3-103. Fees.
                      (1) The fees charged by the department shall be set [by the Legislature as part of the
                  appropriation process] in accordance with Section 63-38-3.2 .
                      [(2) As part of his annual budget request, the commissioner shall recommend any fee
                  schedule changes to conform the fees to the standards under Subsection (4). Amendments to the fees
                  charged by the department shall be made by the Legislature at the time it sets the department's
                  annual appropriation. The fee schedule approved by the Legislature does not lapse at the time of
                  each annual appropriation, but continues in force until amended by the Legislature.]
                      [(3)] (2) The commissioner shall separately publish the schedule of fees approved by the

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                  Legislature and make it available upon request for $1 per copy. This fee schedule shall also be
                  included in any compilation of rules promulgated by the commissioner.
                      [(4)] (3) (a) Fees shall be set and collected for services provided by the department.
                  "Services" include issuing and renewing licenses and certificates of authority, filing policy forms,
                  reporting agent appointments and terminations, filing annual statements, and other functions that are
                  reasonable and necessary to enable the commissioner to perform the duties imposed by the Insurance
                  Code.
                      [(b) The fees shall be sufficient to provide adequate funds to ensure the payment of expenses
                  under Subsection 31A-3-101 (1). The fees may not be excessive. The fees are excessive and shall
                  be equitably reduced if the Insurance Department collects more than 120% of its annual
                  appropriation.]
                      [(c)] (b) Fees related to the renewal of licenses may be imposed no more frequently than
                  once each year.
                      [(5)] (4) The commissioner shall, by rule, establish the deadlines for payment of each of the
                  various fees.
                      Section 4. Section 31A-4-115 is enacted to read:
                      31A-4-115. Plan of orderly withdrawal.
                      (1) When an insurer intends to withdraw from writing a line of insurance in this state or to
                  reduce its total annual premium volume by 75% or more, it shall file with the commissioner a plan
                  of orderly withdrawal.
                      (2) An insurer's plan of orderly withdrawal shall:
                      (a) indicate the date the insurer intends to begin and complete its withdrawal plan; and
                      (b) include provisions for:
                      (i) meeting the insurer's contractual obligations;
                      (ii) providing services to its Utah policyholders and claimants; and
                      (iii) meeting any applicable statutory obligations.
                      (3) The commissioner shall approve a plan of orderly withdrawal if it adequately
                  demonstrates that the insurer will:

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                      (a) protect the interests of the people of the state;
                      (b) meet its contractual obligations;
                      (c) provide service to its Utah policyholders and claimants; and
                      (d) meet any applicable statutory obligations.
                      (4) The provisions of Section 31A-2-302 govern the commissioner's approval or disapproval
                  of a plan for orderly withdrawal.
                      (5) The commissioner may require an insurer to increase the deposit maintained in
                  accordance with Section 31A-4-105 or Section 31A-4-105.5 and place the deposit in trust in the
                  name of the commissioner upon finding, after an adjudicative proceeding that:
                      (a) there is reasonable cause to conclude that the interests of the people of the state are best
                  served by such action; and
                      (b) the insurer:
                      (i) has filed a plan of orderly withdrawal; or
                      (ii) intends to withdraw from writing a line of insurance in this state or to reduce its total
                  annual premium volume by 75% or more.
                      (6) An insurer that withdraws from writing insurance in this state or that reduces its total
                  annual premium volume by 75% or more in any year without having submitted a plan or receiving
                  the commissioner's approval is subject to the civil penalties under Section 31A-2-308 .
                      (7) An insurer that withdraws from writing all lines of insurance in this state may not resume
                  writing insurance in this state for five years without:
                      (a) the approval of the commissioner; and
                      (b) complying with Subsection 31A-30-109 (5), if applicable.
                      (8) The commissioner shall adopt rules necessary to implement the provisions of this
                  section.
                      Section 5. Section 31A-8-105 is amended to read:
                       31A-8-105. General powers of organizations.
                      Organizations may:
                      (1) buy, sell, lease, encumber, construct, renovate, operate, or maintain hospitals, health care

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                  clinics, other health care facilities, and other real and personal property incidental to and reasonably
                  necessary for the transaction of the business and for the accomplishment of the purposes of the
                  organization;
                      (2) furnish health care through providers which are under contract with the organization;
                      (3) contract with insurance companies licensed in this state or with health service
                  corporations authorized to do business in this state for insurance, indemnity, or reimbursement for
                  the cost of health care furnished by the organization;
                      (4) offer to its enrollees, in addition to health care, insured indemnity benefits, but only for
                  emergency care, out-of-area coverage, [and] unusual or infrequently used health services as defined
                  in Section 31A-8-101 , and adoption benefits as provided in Section 31A-22-610.1 ;
                      (5) receive from governmental or private agencies payments covering all or part of the cost
                  of the health care furnished by the organization;
                      (6) lend money to a medical group under contract with it or with a corporation under its
                  control to acquire or construct health care facilities or for other uses to further its program of
                  providing health care services to its enrollees;
                      (7) be owned jointly by health care professionals and persons not professionally licensed
                  without violating Utah law; and
                      (8) do all other things necessary for the accomplishment of the purposes of the organization.
                      Section 6. Section 31A-22-314 is amended to read:
                       31A-22-314. Mandatory coverage.
                      (1) A rental company shall provide its renters with primary coverage meeting the
                  requirements of Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and
                  Operators Act, unless there is other valid or collectible insurance coverage.
                      (2) All coverage shall include primary defense costs and may not be waived.
                      Section 7. Section 31A-22-423 is amended to read:
                       31A-22-423. Policy and annuity examination period.
                      (1) (a) Except as provided under Subsection (2), all life insurance policies and annuities shall
                  contain a notice prominently printed on or attached to the cover or front page stating that the

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                  policyholder has the right to return the policy for any reason [within] on or before:
                      (i) ten days after delivery; or
                      (ii) in case of a replacement policy, 20 days after [its delivery] the replacement policy is
                  delivered. ["Return"]
                      (b) For purposes of this section, "return" means [delivery to the insurer or its agent, or
                  mailing of the policy to either, properly addressed and stamped for first class handling, with] a
                  written statement on the policy or an accompanying writing that [it] the policy is being returned for
                  termination of coverage that is delivered to or mailed first class to the insurer or its agent. [Policies]
                      (c) A policy returned under this section [are] is void from the date of return. [Policyholders]
                      (d) A policyholder returning [their policies are] a policy is entitled to a refund of any
                  premium paid, except that the insurer may retain an amount not exceeding that determined by rule
                  adopted by the commissioner.
                      (2) This section does not apply to:
                      (a) group policies; and
                      (b) other classes of life insurance policies [which] that the commissioner specifies by rule
                  after finding that a right to return those policies would be impracticable or unnecessary to protect
                  the policyholder's interests.
                      Section 8. Section 31A-22-610.1 is amended to read:
                       31A-22-610.1. Adoption indemnity benefit.
                      (1) (a) If an insured has coverage for maternity benefits, the policy shall [cover any prenatal
                  or maternity expenses of a birth mother or child,] provide an indemnity benefit payable to the
                  insured, if the child is placed for adoption with the insured within 30 days of the child's birth.
                      [(b) Subject to Subsection (c), payment under Subsection (a):]
                      [(i) may not exceed the contractual benefit for a birth mother and biological child under the
                  policy; and]
                      [(ii) may be reduced by any deductible or copayment that would be applicable to the birth
                  of a biological child under the policy.]
                      [(c) (i) In the case of a managed care plan or health maintenance organization, if the birth

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                  mother is identified and arrangements for adoption begin prior to the child's birth, the insured shall
                  notify the plan or organization. The plan or organization may require compliance by the birth
                  mother with the managed care terms and conditions of the contract in order for the insured to be
                  entitled to the full prenatal and maternity benefit. If the birth mother does not comply, the amount
                  of the reimbursement to the insured may be limited to the applicable out-of-plan benefit.]
                      [(ii) If the insured changes insurance policies after medical services have been rendered to
                  a birth mother or child, each insurer shall only be required to reimburse the insured for the expenses
                  that occurred during the time that the insured was covered for maternity benefits under that insurer's
                  policy. If the insured is covered by two or more policies at the same time, expenses shall be divided
                  equally between the insurers, unless the terms of the policies, when considered together, provide for
                  a different division.]
                      [(d) If the adoption of the child placed with the insured is not finalized within one year of
                  the child's birth, the insurer may seek reimbursement from the insured for any payment made under
                  Subsection (a).]
                      (b) An insurer that has paid the benefit under Subsection (1)(a) may seek reimbursement of
                  the benefit if:
                      (i) the post-placement evaluation disapproves the adoption placement; and
                      (ii) a court rules the adoption may not be finalized because of an act or omission of an
                  adoptive parent or parents that affects the child's health or safety.
                      (c) The commissioner shall:
                      (i) establish, by rule, the amount of the adoption indemnity benefit provided under
                  Subsection (1) at a minimum of $2,500; and
                      (ii) review the amount of the adoption indemnity benefit every two years to make any
                  necessary and reasonable adjustments, taking into account the average insurance cost of an
                  uncomplicated birth.
                      (d) Each insurer shall pay its pro rata share of the adoption indemnity benefit if each
                  adoptive parent:
                      (i) has coverage for maternity benefits with a different insurer; and

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                      (ii) makes a claim for the adoption indemnity benefit provided in Subsection (1)(a).
                      (2) If a policy offers optional maternity benefits, [the insurer] it shall also offer[, on the same
                  terms and conditions, optional] coverage for [prenatal or maternity expenses of a birth mother and
                  child where] adoption indemnity benefits if:
                      (a) the child is [adopted by the insured] placed for adoption with the insured within 30 days
                  of the child's birth; and
                      (b) the adoption is finalized within [nine months of] one year of the child's birth.
                      [(3) To the extent permissible by law, an adoptive parent's insurer, plan, or organization
                  which provides a benefit under this section shall be a secondary plan for the purpose of coordinating
                  benefits.]
                      Section 9. Section 31A-22-703 is amended to read:
                       31A-22-703. Conversion rights on termination of group disability insurance coverage.
                      (1) Except as provided in Subsections (2) through (5), all policies of disability insurance
                  offered on a group basis under this title or Title 49, Chapter 8, Group Insurance Program Act, shall
                  provide that a person whose insurance under the group policy has been terminated for any reason,
                  and who has been continuously insured under the group policy or its predecessor for at least six
                  months immediately prior to termination, is entitled to choose either a converted individual or group
                  policy of disability insurance from the insurer which conforms to [this part and other applicable
                  provisions of this title,] Section 31A-22-708 or an extension of benefits under the group policy as
                  provided in Section 31A-22-714 .
                      (2) Subsection (1) does not apply if the policy:
                      [(a) has a deductible of $2,500 or more;]
                      [(b)] (a) provides catastrophic, aggregate stop loss, or specific stop loss benefits;
                      [(c)] (b) provides benefits for specific diseases or for accidental injuries only, or for dental
                  service; or
                      [(d)] (c) is a disability income policy.
                      (3) An employee or group member does not have conversion rights under Subsection (1) if:
                      (a) termination of the group coverage occurred because of failure of the group member to

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                  pay any required individual contribution;
                      (b) the individual group member acquires other group coverage covering all preexisting
                  conditions including maternity, if the coverage existed under the replaced group coverage; or
                      (c) the person who would be covered is or could be covered by Medicare.
                      (4) Notwithstanding Subsections (1), (2), and (3), an employee or group member does not
                  have conversion rights under Subsection (1) if the individual or group member qualifies to continue
                  coverage under his existing group policy in accordance with the terms of his policy.
                      (5) (a) Notwithstanding Subsection 31A-22-613 (1), an insurer may reduce benefits under
                  a converted disability policy covering any person to the extent the benefits provided or available to
                  that person under one or more of the sources listed under Subsection (5)(b), together with the
                  benefits provided by the converted policy, would result in overinsurance according to the insurer's
                  standards. The insurer's standards shall bear a reasonable relationship to actual health care costs in
                  the area in which the insured lives at the time of conversion and shall be filed with the commissioner
                  prior to their use in denying coverage.
                      (b) The benefits sources referred to under Subsection (5)(a) include:
                      (i) benefits under another insurance policy;
                      (ii) benefits under any arrangement of coverage for individuals in a group, whether on an
                  insured or an uninsured basis; and
                      (iii) benefits provided for or available to that person, in accordance with the requirements
                  of any state or federal law.
                      Section 10. Section 31A-22-708 is repealed and reenacted to read:
                      31A-22-708. Conversion of health benefit plan.
                      If the group insurance policy from which the conversion is made is a health benefit plan, as
                  defined in Subsection 31A-30-103 (15), the employee or member must be offered basic coverage as
                  defined in Subsection 31A-30-103 (4).
                      Section 11. Section 31A-22-711 is amended to read:
                       31A-22-711. If conversion plan benefits exceed group policy benefits.
                      If the benefit levels required under [Sections 31A-22-706 through] Section 31A-22-708

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                  exceed the benefit levels provided under the group policy, the conversion policy may offer benefits
                  which are substantially similar to those provided under the group policy in lieu of those required
                  under [Sections 31A-22-706 through] Section 31A-22-708 .
                      Section 12. Section 31A-22-714 is amended to read:
                       31A-22-714. Extension of benefits.
                      (1) (a) In addition to the right of the employee to have a converted policy issued to the
                  employee, and on the same bases of eligibility as for conversion of coverage under Sections
                  31A-22-703 and 31A-22-704 , the employee has the right to continue the employee's coverage under
                  the group policy for a period of six months, unless the employee:
                      (i) was terminated for gross misconduct[.]; or
                      (ii) is eligible for any extension of coverage required by federal law.
                      (b) [When applicable, any extension of coverage required by federal law may run
                  concurrently with the requirements of this section.] This right to continue coverage includes any
                  dependent coverages.
                      (2) In addition to the terminated insured, those classes of persons defined in Section
                  31A-22-710 are also entitled to the continuation of coverage as provided in this section.
                      (3) (a) The employer shall provide the terminated insured written notification of the right
                  to continue group coverage and the payment amounts required for continued coverage, including the
                  manner, place, and time in which the payments shall be made. The notice may be sent to the
                  terminated insured's home address as shown on the records of the employer. This notice shall be
                  given not more than [five] 30 days after the termination date of the group coverage.
                      (b) The payment amount for continued group coverage may not exceed 102% of the group
                  rate in effect for a group member, including an employer's contribution, if any, for a group insurance
                  policy[, or the amount specified by federal law, whichever is applicable]. [The notice may be sent
                  to the terminated insured's home address as shown on the records of the employer.]
                      (4) If the terminated insured or, with respect to a minor, the parent or guardian of the
                  terminated insured elects to continue group coverage and tenders to the employer the amount
                  required within 30 days after receiving notice as prescribed by this section, coverage of the

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                  terminated insured and coverage of the covered spouse and dependents of the terminated insured
                  continues without interruption and may not terminate unless:
                      (a) the terminated insured establishes residence outside of this state;
                      (b) the terminated insured fails to make timely payment of a required contribution;
                      (c) the terminated insured violates a material condition of the contract;
                      (d) the terminated insured becomes eligible for similar coverage under another group policy;
                  or
                      (e) the employer's coverage is terminated.
                      (5) If the employer replaces coverage with similar coverage under another group policy,
                  without interruption, the terminated insured has the right to obtain coverage under the replacement
                  group policy for the balance of the period the terminated insured would have continued coverage
                  under the replaced group policy, provided the terminated insured is otherwise eligible for
                  continuation of coverage.
                      (6) At the end of the continued benefit period as provided in this section, the covered person
                  remains eligible for a converted policy under this chapter and shall be so informed by the employer
                  in the same manner and according to the same terms as required by Section 31A-22-703 .
                      Section 13. Section 31A-23-102 is amended to read:
                       31A-23-102. Definitions.
                      As used in this chapter:
                      (1) Except as provided in Subsection (3):
                      (a) "Escrow" is a license category that allows a person to conduct escrows, settlements, or
                  closings on behalf of a title insurance agency or a title insurer.
                      [(b) "Insurance agent" or "agent" means a person who represents an insurer or insurers in
                  soliciting, negotiating, or placing insurance.]
                      [(c) "Insurance broker" or "broker" means a broker as defined in Subsection (5) or any other
                  person, firm, association, or corporation, that for any compensation, commission, or any other thing
                  of value acts or aids in any manner in soliciting, negotiating, or procuring the making of any
                  insurance contract on behalf of an insured other than himself or itself.]

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                      [(d)] (b) "Limited license" means a license that is issued for a specific product of insurance
                  and limits an individual or agency to transact only for those products.
                      [(e)] (c) "Search" is a license category that allows a person to issue title insurance
                  commitments or policies on behalf of a title insurer.
                      [(f)] (d) "Title marketing representative" means a person who:
                      (i) represents a title insurer in soliciting, requesting, or negotiating the placing of:
                      (A) title insurance; or
                      (B) escrow, settlement, or closing services; and [who]
                      (ii) does not have a search or escrow license.
                      [(2) Except as provided in Subsection (3) and Subsection 31A-23-301 (1)(b), "insurance
                  consultant" or "consultant" means a person who advises other persons about insurance needs and
                  coverages, who is compensated by the person advised on a basis which is not directly related to the
                  insurance placed, and who is not compensated directly or indirectly by an insurer, agent, or broker
                  for the advice given.]
                      [(3)] (2) The following persons are not acting as agents, brokers, title marketing
                  representatives, or consultants when acting in the following capacities:
                      (a) any regular salaried officer, employee, or other representative of an insurer or licensee
                  under this chapter who devotes substantially all of [his] the officer's, employee's, or representative's
                  working time to activities other than those described in [Subsections] Subsection (1)[, (2), and (3),]
                  and Subsections 31A-1-301 (42), (43), and (45) including the clerical employees of persons required
                  to be licensed under this chapter;
                      (b) a regular salaried officer or employee of a person seeking to purchase insurance, who
                  receives no compensation that is directly dependent upon the amount of insurance coverage
                  purchased;
                      (c) a person who gives incidental advice in the normal course of a business or professional
                  activity, other than insurance consulting, if neither that person nor that person's employer receives
                  direct or indirect compensation on account of any insurance transaction that results from that advice;
                      (d) a person who, without special compensation, performs incidental services for another

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                  at the other's request, without providing advice or technical or professional services of a kind
                  normally provided by an agent, broker, or consultant;
                      (e) (i) a holder of a group insurance policy, or any other person involved in mass marketing,
                  but only:
                      (A) with respect to administrative activities in connection with that type of policy, including
                  the collection of premiums; and
                      [(ii) only] (B) if the person receives no compensation for the activities described in
                  Subsection (3)(e)(i) beyond reasonable expenses including a fair payment for the use of capital; and
                      (f) a person who gives advice or assistance without direct or indirect compensation or any
                  expectation of direct or indirect compensation.
                      [(4)] (3) "Actuary" means a person who is a member in good standing of the American
                  Academy of Actuaries.
                      [(5)] (4) "Agency" means a person other than an individual, and includes a sole
                  proprietorship by which a natural person does business under an assumed name.
                      [(6)] (5) "Broker" means an insurance broker or any other person, firm, association, or
                  corporation that for any compensation, commission, or other thing of value acts or aids in any
                  manner in soliciting, negotiating, or procuring the making of any insurance contract on behalf of an
                  insured other than itself.
                      (6) "Captive insurer" means:
                      (a) an insurance company owned by another organization whose exclusive purpose is to
                  insure risks of the parent organization and affiliated companies; or
                      (b) in the case of groups and associations, an insurance organization owned by the insureds
                  whose exclusive purpose is to insure risks of member organizations, group members, and their
                  affiliates.
                      (7) "Controlled insurer" means a licensed insurer that is either directly or indirectly
                  controlled by a broker.
                      (8) "Controlling broker" means a broker who either directly or indirectly controls an insurer.
                      (9) "Controlling person" means any person, firm, association, or corporation that directly

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                  or indirectly has the power to direct or cause to be directed, the management, control, or activities
                  of a reinsurance intermediary.
                      (10) "Insurer" is as defined in Subsection 31A-1-301 (48)[. The], except the following
                  persons or similar persons are not insurers for purposes of Part 6 of this chapter:
                      (a) all risk retention groups as defined in:
                      (i) the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499[, and];
                      (ii) the Risk Retention Act, 15 U.S.C. Sec. 3901 et seq.[,]; and
                      (iii) Title 31A, Chapter 15, Part 2, Risk Retention Groups;
                      (b) all residual market pools and joint underwriting authorities or associations; and
                      (c) all captive insurers[; for the purposes of this chapter, captive insurers are insurance
                  companies owned by another organization whose exclusive purpose is to insure risks of the parent
                  organization and affiliated companies or, in the case of groups and associations, insurance
                  organizations owned by the insureds whose exclusive purpose is to insure risks of member
                  organizations, group members, and their affiliates].
                      (11) (a) "Managing general agent" means any person, firm, association, or corporation that:
                      (i) manages all or part of the insurance business of an insurer, including the management of
                  a separate division, department, or underwriting office[, and that];
                      (ii) acts as an agent for the insurer whether it is known as a managing general agent,
                  manager, or other similar term[, and that,];
                      (iii) with or without the authority, either separately or together with affiliates, directly or
                  indirectly produces and underwrites an amount of gross direct written premium equal to, or more
                  than 5% of, the policyholder surplus as reported in the last annual statement of the insurer in any one
                  quarter or year[, and that also]; and
                      (iv) either adjusts or pays claims in excess of an amount determined by the commissioner,
                  or that negotiates reinsurance on behalf of the insurer.
                      (b) Notwithstanding Subsection (11)(a), the following persons may not be considered as
                  managing general agent for the purposes of this chapter:
                      (i) an employee of the insurer;

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                      (ii) a U.S. manager of the United States branch of an alien insurer;
                      (iii) an underwriting manager [which] that, pursuant to contract:
                      (A) manages all the insurance operations of the insurer;
                      (B) is under common control with the insurer;
                      (C) is subject to Title 31A, Chapter 16, Insurance Holding Companies; and
                      (D) [whose compensation] is not compensated based on the volume of premiums written;
                  and
                      [(c)] (iv) the attorney-in-fact authorized by and acting for the subscribers of a reciprocal
                  insurer or inter-insurance exchange under powers of attorney.
                      (12) "Producer" is a person who arranges for insurance coverages between insureds and
                  insurers.
                      (13) "Qualified U.S. financial institution" means an institution that:
                      (a) is organized or, in the case of a U.S. office of a foreign banking organization licensed,
                  under the laws of the United States or any state;
                      (b) is regulated, supervised, and examined by U.S. federal or state authorities having
                  regulatory authority over banks and trust companies; and
                      (c) has been determined by either the commissioner, or the Securities Valuation Office of
                  the National Association of Insurance Commissioners, to meet the standards of financial condition
                  and standing [which] that are considered necessary and appropriate to regulate the quality of
                  financial institutions whose letters of credit will be acceptable to the commissioner.
                      (14) "Reinsurance intermediary" means a reinsurance intermediary-broker or a reinsurance
                  intermediary-manager as these terms are defined in Subsections (15) and (16).
                      (15) "Reinsurance intermediary-broker" means a person other than an officer or employee
                  of the ceding insurer, firm, association, or corporation who solicits, negotiates, or places reinsurance
                  cessions or retrocessions on behalf of a ceding insurer without the authority or power to bind
                  reinsurance on behalf of the insurer.
                      (16) (a) "Reinsurance intermediary-manager" means a person, firm, association, or
                  corporation who:

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                      (i) has authority to bind or who manages all or part of the assumed reinsurance business of
                  a reinsurer, including the management of a separate division, department, or underwriting office; and
                  [who]
                      (ii) acts as an agent for the reinsurer whether [he] the person, firm, association, or
                  corporation is known as a reinsurance intermediary-manager, manager, or other similar term.
                      (b) Notwithstanding Subsection (16)(a), the following persons may not be considered
                  reinsurance intermediary-managers for the purpose of this chapter with respect to the reinsurer:
                      (i) an employee of the reinsurer;
                      (ii) a U.S. manager of the United States branch of an alien reinsurer;
                      (iii) an underwriting manager that, pursuant to contract[,]:
                      (A) manages all the reinsurance operations of the reinsurer[,];
                      (B) is under common control with the reinsurer[,];
                      (C) is subject to Title 31A, Chapter 16, Insurance Holding Companies[,]; and [whose
                  compensation]
                      (D) is not compensated based on the volume of premiums written; and
                      (iv) the manager of a group, association, pool, or organization of insurers that:
                      (A) engage in joint underwriting or joint reinsurance; and
                      (B) are subject to examination by the insurance commissioner of the state in which the
                  manager's principal business office is located.
                      (17) "Reinsurer" means any person, firm, association, or corporation duly licensed in this
                  state as an insurer with the authority to assume reinsurance.
                      (18) "Surplus lines broker" means a person licensed under Subsection 31A-23-204 (5) to
                  place insurance with unauthorized insurers in accordance with Section 31A-15-103 .
                      (19) "Underwrite" means the authority to accept or reject risk on behalf of the insurer.
                      Section 14. Section 31A-23-204 is amended to read:
                       31A-23-204. License classifications.
                      Licenses issued under this chapter shall be issued under the classifications described under
                  Subsections (1) through (6). These classifications are intended to describe the matters to be

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                  considered under any education, examination, and training required of license applicants under
                  Sections 31A-23-206 through 31A-23-208 .
                      (1) Agent and broker license classifications include:
                      (a) life insurance, including nonvariable annuities;
                      (b) variable annuities;
                      (c) disability insurance, including contracts issued to policyholders under Chapter 7 or 8;
                      (d) property/liability insurance, which includes:
                      (i) property insurance;
                      (ii) liability insurance;
                      (iii) surety and other bonds; and
                      (iv) policies containing any combination of these coverages; and
                      (e) title insurance under one of the following categories:
                      (i) search, including authority to act as a title marketing representative;
                      (ii) escrow, including authority to act as a title marketing representative;
                      (iii) search and escrow, including authority to act as a title marketing representative; and
                      (iv) title marketing representative only.
                      (2) Limited license product classification includes:
                      (a) credit life and credit disability insurance;
                      (b) travel; [and]
                      (c) motor club;
                      (d) car rental related; and
                      (e) credit involuntary unemployment insurance and credit property insurance.
                      (3) Consultant license classification includes:
                      (a) life insurance, including nonvariable annuities;
                      (b) variable annuities;
                      (c) disability insurance, including contracts issued to policyholders under Chapter 7 or 8;
                  and
                      (d) property/liability insurance, which includes:

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                      (i) property insurance;
                      (ii) liability insurance;
                      (iii) surety and other bonds; and
                      (iv) policies containing any combination of these coverages.
                      (4) A holder of licenses under Subsections (1)(a) and (1)(c) has all qualifications necessary
                  to act as a holder of a license under Subsection (2)(a).
                      (5) Upon satisfying the additional applicable requirements, a holder of a brokers license may
                  obtain a license to act as a surplus lines broker. This type of license gives the holder the authority
                  to arrange insurance contracts with unauthorized insurers under Section 31A-15-103 , but only as to
                  the types of insurance under Subsection (1) for which he holds a brokers license.
                      (6) The commissioner may by rule recognize other agent, broker, limited license, or
                  consultant license classifications as to kinds of insurance not listed under Subsections (1), (2), and
                  (3).
                      Section 15. Section 31A-23-215 is amended to read:
                       31A-23-215. Agency licensees -- Reports -- Suspension, revocation, or limitation of
                  license.
                      (1) (a) Every two years[, on a date specified by rule,] each agency licensed as an agent,
                  managing general agent, broker, or consultant shall report to the commissioner[, in a form the
                  commissioner establishes by rule,] all natural person agents, brokers, or consultants acting in those
                  capacities for the organization.
                      (b) The report required by Subsection (1)(a) shall be made:
                      (i) on a date specified by rule; and
                      (ii) in a form the commissioner establishes by rule.
                      (2) An agency licensed under this chapter shall report to the commissioner promptly, in the
                  detail and form prescribed by rule, every change in the list of natural person agents, managing
                  general agents, brokers, or consultants authorized to act in those capacities for the agency.
                      (3) (a) An agency licensed under this chapter shall report to the commissioner the cause of
                  termination of a designated licensee's appointment. The information provided the commissioner

- 34 -


                  shall remain confidential.
                      (b) An agency is immune from civil action, civil penalty, or damages if the agency complies
                  in good faith with Subsection (3)(a) in reporting to the commissioner the cause of termination of
                  licensees' appointments.
                      (c) Notwithstanding any other provision in this section, an agency is not immune from any
                  action or resulting penalty imposed on the reporting agency as a result of proceedings brought by
                  or on behalf of the department if the action is based on evidence other than the report submitted in
                  compliance with this Subsection (3).
                      (4) [Agencies] An agency licensed under this chapter may act in the capacities for which it
                  is licensed only through natural persons who are licensed under this chapter to act in the same
                  manner.
                      (5) [Agencies] An agency licensed under this chapter shall designate and report promptly
                  to the commissioner the name of at least one natural person who has authority to act on behalf of the
                  agency in all matters pertaining to compliance with this title and orders of the commissioner.
                      (6) [When] For purposes of this section, if a license is held by an agency, both the agency
                  itself and any [persons] natural person named on the license [shall, for purposes of this section, be]
                  are considered to be the holders of the license.
                      (7) If a natural person named on the agency license commits any act or fails to perform any
                  duty that is a ground for suspending, revoking, or limiting the [agency] natural person's license, the
                  commissioner may suspend, revoke, or limit the license of:
                      (a) that natural person [or of];
                      (b) the agency, if the agency:
                      (i) is reckless or negligent in its supervision of the natural person; or
                      (ii) knowingly participated in the act or failure to act that is the ground for suspending,
                  revoking, or limiting the license; or
                      (c) both the natural person and the agency.
                      Section 16. Section 31A-23-315 is enacted to read:
                      31A-23-315. Solicitations to loan applicants.

- 35 -


                      (1) (a) A person authorized to engage in insurance activities in this state shall prominently
                  disclose in writing the information described in Subsection (1)(b) to a person seeking an extension
                  of credit if:
                      (i) the person authorized to engage in insurance activities also extends credit directly or
                  through a subsidiary or an affiliate;
                      (ii) the person requires a customer to obtain insurance in connection with an extension of
                  credit; and
                      (iii) the person offers to the person seeking an extension of credit the line of insurance
                  required in connection with the extension of credit.
                      (b) The disclosure required by Subsection (1)(a) shall be in a form substantially similar to
                  the following. "You may obtain insurance required in connection with your extension of credit from
                  any insurance agent, broker, producer, or approved insurer that sells such insurance. Your choice
                  of insurance provider will not affect our credit decision or your credit terms."
                      (c) The person shall make the required disclosure under Subsection (1)(a):
                      (i) at the time of written application for an extension of credit; or
                      (ii) if there is no written application, before the closing of the extension of credit.
                      (2) The disclosure required by Subsection (1)(c)(ii) may be in a verbal, electronic, or other
                  unwritten form if a printed disclosure is included with the first printed statement of terms and
                  conditions of the extension of credit sent to the person seeking the extension of credit.
                      (3) This section does not apply when:
                      (a) a person is contacting a person in the course of direct or mass marketing to a group of
                  persons in a manner that bears no relation to the person's application for an extension of credit or
                  credit decision; and
                      (b) an agreement for the extension of credit is changed or extended, if the person who
                  originally sought the extension of credit is not required to purchase new or additional insurance.
                      (4) (a) For purposes of this section, "approved insurer" means an insurer that is approved to
                  issue insurance related to the extension of credit by the person that extends the credit.
                      (b) The commissioner shall make rules establishing standards that govern the approval under

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                  Subsection (4)(a) of an insurer by a person that extends credit.
                      Section 17. Section 31A-29-111 is amended to read:
                       31A-29-111. Eligibility -- Limitations.
                      (1) (a) [Any person who has resided in this state for at least 12 consecutive months
                  immediately preceding the date of application or who is a dependent child 25 years of age or less of
                  such] Except as provided in Subsection (1)(b), a person is eligible for pool coverage if:
                      (i) (A) the person pays the established premium[, unless:]; and
                      (B) is a resident of this state; or
                      (ii) is a dependent child 25 years of age or less of a person described in Subsection (1)(a)(i).
                      (b) Notwithstanding Subsection (1)(a), a person is not eligible for pool coverage if one of
                  the following conditions apply:
                      [(a)] (i) at the time of [pool] application, the person is eligible for health care benefits under
                  Medicaid or Medicare, except as provided in Section 31A-29-112 ;
                      [(b)] (ii) the person has terminated coverage in the pool, unless:
                      [(i)] (A) 12 months have elapsed since the termination date; or
                      [(ii)] (B) the person demonstrates that continuous other coverage has been involuntarily
                  terminated for any reason other than nonpayment of premium;
                      [(c)] (iii) the pool has paid the maximum lifetime benefit to or on behalf of the person;
                      [(d)] (iv) the person is an inmate of a public institution;
                      [(e)] (v) the person is eligible for other public programs for which medical care is provided;
                      [(f)] (vi) the person's health condition does not meet the criteria established under Subsection
                  (4); [or]
                      [(g)] (vii) the person is an eligible employee or a member of an employer group that offers
                  health insurance or a self-insurance arrangement to all its eligible employees or members[.]; or
                      (viii) at the time of application, the person:
                      (A) is not eligible for coverage that is subject to the Health Insurance Portability and
                  Accountability Act, P.L. 104-91, 110 Stat. 1962; and
                      (B) has not resided in Utah for at least 12 consecutive months preceding the date of

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                  application.
                      (2) (a) [If] Notwithstanding Subsection (1)(b)(viii), if otherwise eligible under [Subsections
                  (1)(a) through (1)(g)] Subsection (1), a person whose health insurance coverage from a state health
                  risk pool with similar coverage is terminated because of nonresidency in another state may apply for
                  coverage under the pool subject to the conditions of Subsections (1)(b)(i) through (vii).
                      (b) If the coverage is applied for under Subsection (2)(a) within 31 days after the termination
                  and if premiums are paid for the entire coverage period under the pool, the effective date of the
                  pool's coverage shall be the date of termination of previous coverage.
                      (c) The waiting period of a person with a preexisting condition applying for coverage under
                  this chapter shall be waived if:
                      (i) the waiting period was satisfied under a similar plan from another state; and [that]
                      (ii) the other state's benefit limitation was not reached.
                      (3) If an eligible person applies for pool coverage within 30 days of being denied coverage
                  by an individual carrier, the effective date for pool coverage shall be set at the first day of the month
                  following the submission of the completed insurance application to the carrier.
                      (4) (a) The board shall establish and adjust, as necessary, underwriting criteria based on:
                      (i) health condition; and
                      (ii) expected claims so that [such] the expected claims are anticipated to remain within
                  available funding.
                      (b) The commissioner may contract with one or more providers under Title 63, Chapter 56,
                  Utah Procurement Code, to develop underwriting criteria under Subsection (4)(a).
                      (c) If a person is denied coverage under the criteria established in Subsection (4)(a), the pool
                  shall issue a certificate to the applicant for coverage under Subsection 31A-30-108 (3).
                      Section 18. Section 31A-29-113 is amended to read:
                       31A-29-113. Benefits -- Additional types of pool insurance -- Preexisting conditions --
                  Waiver -- Maximum benefits.
                      (1) (a) The pool policy shall pay for eligible expenses rendered or furnished for the
                  diagnoses or treatment of illness or injury which exceed the deductible and copayment amounts

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                  applicable under Section 31A-29-114 and which are not otherwise limited or excluded.
                      (b) Eligible expenses are the charges for the health care services and items rendered during
                  times for which benefits are extended under the pool policy.
                      (2) The coverage to be issued by the pool, its schedule of benefits, exclusions, and other
                  limitations shall be established by the board.
                      (3) The commissioner shall approve the benefit package developed by the board to ensure
                  its compliance with this chapter.
                      (4) The pool shall offer at least one benefit plan through a managed care program as
                  authorized under Section 31A-29-106 .
                      (5) This chapter shall not be construed to prohibit the pool from issuing additional types of
                  health insurance policies with different types of benefits which in the opinion of the board may be
                  of benefit to the citizens of Utah.
                      (6) The board shall design and require an administrator to employ cost containment
                  measures and requirements including preadmission certification and concurrent inpatient review for
                  the purpose of making the pool more cost effective. The provisions of Sections 31A-22-617 and
                  31A-22-618 of this title do not apply to coverage issued under this chapter.
                      (7) A pool policy may contain provisions under which coverage is excluded during a
                  six-month period following the effective date of plan coverage as to a given individual for a
                  preexisting condition, as long as either of the following exists:
                      (a) the condition has manifested itself within a period of six months before the effective date
                  of coverage in such a manner as would cause an ordinary, prudent person to seek diagnosis or
                  treatment; or
                      (b) medical advice or treatment was recommended or received for the condition within a
                  period of six months before the effective date of coverage.
                      (8) A pool policy may exclude coverage for pregnancies for ten months following the
                  effective date of coverage.
                      (9) (a) The preexisting condition exclusion described in Subsection (7) shall be waived to
                  the extent to which similar exclusions have been satisfied under any prior health insurance coverage:

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                      (i) which was involuntarily terminated, other than for nonpayment of premium, if the
                  application for pool coverage is made not later than 31 days following the involuntary termination[.];
                  or
                      (ii) whose premium rate exceeds the rate of the pool for equal or lesser benefits.
                      (b) If Subsection (9)(a) applies, coverage in the pool shall be effective from the date on
                  which the prior coverage was terminated.
                      (10) The board shall establish a policy allowing for the waiver of the preexisting condition
                  exclusion set forth in Subsection (7) for coverage of medically necessary outpatient medical care.
                      (11) Benefits available under the pool may not exceed $1,000,000 paid to or on behalf of
                  any person.
                      Section 19. Section 31A-30-107 is amended to read:
                       31A-30-107. Renewal -- Limitations -- Exclusions.
                      (1) A health benefit plan subject to this chapter is renewable with respect to all covered
                  individuals at the option of the covered insured except in any of the following cases:
                      (a) nonpayment of the required premiums;
                      (b) fraud or misrepresentation of the employer or, with respect to coverage of individual
                  insureds, the insureds or their representatives;
                      (c) noncompliance with the covered carrier's minimum participation requirements;
                      (d) noncompliance with the covered carrier's employer contribution requirements;
                      (e) repeated misuse of a provider network provision; or
                      (f) an election by the covered carrier to nonrenew all of its health benefit plans issued to
                  covered insureds in this state, in which case the covered carrier shall:
                      (i) provide advanced notice of its decision under this subsection to the commissioner in each
                  state in which it is licensed; and
                      (ii) provide notice of the decision not to renew coverage to all affected covered insureds and
                  to the commissioner in each state in which an affected insured individual is known to reside at least
                  180 days prior to the nonrenewal of any health benefit plans by the covered carrier. Notice to the
                  commissioner under this subsection shall be provided at least three working days prior to the notice

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                  to the affected covered insureds.
                      (2) A covered carrier that elects not to renew a health benefit plan under Subsection (1)(f)
                  is prohibited from writing new business subject to this chapter in this state for a period of five years
                  from the date of notice to the commissioner.
                      (3) When a covered carrier is doing business subject to this chapter in one service area of
                  this state, Subsections (1) and (2) apply only to the covered carrier's operations in that service area.
                      (4) Health benefit plans covering covered insureds shall comply with the following
                  provisions:
                      (a) (i) A health benefit plan may not deny, exclude, or limit benefits for a covered individual
                  for losses incurred more than 12 months, or 18 months in the case of a late enrollee, as defined in
                  P.L. 104-191, 110 Stat. 1940, Sec. 101, following the effective date of the individual's coverage due
                  to a preexisting condition.
                      (ii) A health benefit plan may not define a preexisting condition more restrictively than:
                      (A) a condition for which medical advice, diagnosis, care, or treatment was recommended
                  or received during the six months immediately preceding the effective date of coverage; or
                      (B) for an individual insurance policy, a pregnancy existing on the effective date of
                  coverage.
                      (b) (i) A covered carrier shall waive any time period applicable to a preexisting condition
                  exclusion or limitation period with respect to particular services in a health benefit plan for the
                  period of time the individual was previously covered by public or private health insurance or by any
                  other health benefit arrangement that provided benefits with respect to such services, provided that:
                      (A) the previous coverage was continuous to a date not more than 62 days prior to the
                  effective date of the new coverage; and
                      (B) the insured provides notification of previous coverage to the covered carrier within 36
                  months of the coverage effective date if the insurer has previously requested such notification.
                      (ii) The period of continuous coverage under Subsection (4)(b)(i)(A) shall not include any
                  waiting period for the effective date of the new coverage applied by the employer or the carrier. This
                  subsection does not preclude application of any waiting period applicable to all new enrollees under

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                  such plan.
                      Section 20. Section 31A-30-108 is amended to read:
                       31A-30-108. Eligibility for small employer and individual market.
                      (1) (a) Small employer carriers shall accept residents for small group coverage as set forth
                  in the Health Insurance Portability and Accountability Act, P.L. 104-191, 110 Stat. 1962, Sec.
                  2711(a).
                      (b) Individual carriers shall accept residents for individual coverage pursuant to P.L.
                  104-191, 110 Stat. 1979, Sec. 2741(a)-(b) and Subsection (3).
                      (2) (a) Small employer carriers shall offer to accept all eligible employees and their
                  dependents at the same level of benefits under any health benefit plan provided to a small employer.
                      (b) Small employer carriers may:
                      (i) request a small employer to submit a copy of its quarterly income tax withholdings to
                  determine whether the employees for whom coverage is provided or requested are bona fide
                  employees of the small employer; and
                      (ii) deny or terminate coverage if the small employer refuses to provide documentation
                  requested under Subsection (2)(b)(i).
                      (3) Except as provided in Subsection (5) and Section 31A-30-110 , individual carriers shall
                  accept for coverage individuals to whom all of the following conditions apply:
                      (a) the individual is not covered or eligible for coverage, as an employee of an employer, as
                  a member of an association, or as a member of any other group under:
                      (i) a health benefit plan; or
                      (ii) a self-insured arrangement that provides coverage similar to that provided by a health
                  benefit plan as defined in Section 31A-30-103 ;
                      (b) the individual is not covered and is not eligible for coverage under any public health
                  benefits arrangement including the Medicare program established under Title XVIII or the Medicaid
                  program established under Title XIX of the Social Security Act, or any other act of congress or law
                  of this or any other state that provides benefits comparable to the benefits provided under this part,
                  including coverage under the Comprehensive Health Insurance Pool Act created in Chapter 29;

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                      (c) the individual is not covered or eligible for coverage under any Medicare supplement
                  policy, conversion option, continuation or extension under COBRA, or state extension unless the
                  maximum benefit has been reached;
                      (d) the individual has not terminated or declined coverage described in Subsection (a), (b),
                  or (c) within 93 days of application for coverage, unless the individual is eligible for individual
                  coverage under P.L. 104-191, 110 Stat. 1979, Sec. 2741(b), in which case, the requirement of this
                  Subsection (3)(d) does not apply; and
                      (e) the individual is certified as ineligible for the Health Insurance Pool if:
                      (i) the individual applies for coverage with the Comprehensive Health Insurance Pool within
                  30 days after being rejected or refused coverage by the covered carrier and reapplies for coverage
                  with that covered carrier within 30 days after the date of issuance of a certificate under Subsection
                  31A-29-111 (4)[(b)](c); or
                      (ii) the individual applies for coverage with any individual carrier within 45 days after:
                      (A) notice of cancellation of coverage under Subsection 31A-29-115 (1); or
                      (B) the date of issuance of a certificate under Subsection 31A-29-111 (4)[(b)](c) if the
                  individual applied first for coverage with the Comprehensive Health Insurance Pool.
                      (4) (a) If coverage is obtained under Subsection (3)(e)(i) and the required premium is paid,
                  the effective date of coverage shall be the first day of the month following the individual's
                  submission of a completed insurance application to that covered carrier.
                      (b) If coverage is obtained under Subsection (3)(e)(ii) and the required premium is paid, the
                  effective date of coverage shall be the day following the:
                      (i) cancellation of coverage under Subsection 31A-29-115 (1); or
                      (ii) submission of a completed insurance application to the Comprehensive Health Insurance
                  Pool.
                      (5) (a) An individual carrier is not required to accept individuals for coverage under
                  Subsection (3) if the carrier issues no new individual policies in the state after July 1, 1997.
                      (b) A carrier described in Subsection (5)(a) may not issue new individual policies in the state
                  for five years from July 1, 1997.

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                      (c) Notwithstanding Subsection (5)(b), a carrier may request permission to issue new
                  policies after July 1, 1999, which may only be granted if:
                      (i) the carrier accepts uninsurables as is required of a carrier entering the market under
                  Subsection 31A-30-110 ; and
                      (ii) the commissioner finds that the carrier's issuance of new individual policies:
                      (A) is in the best interests of the state; and
                      (B) does not provide an unfair advantage to the carrier.
                      Section 21. Section 34A-2-110 is amended to read:
                       34A-2-110. Workers' compensation insurance fraud -- Elements -- Penalties -- Notice.
                      (1) As used in this section:
                      (a) "Corporation" has the same meaning as in Subsection 76-2-201 (3).
                      (b) "Intentionally" has the same meaning as in Subsection 76-2-103 (1).
                      (c) "Knowingly" has the same meaning as in Subsection 76-2-103 (2).
                      (d) "Person" has the same meaning as in Subsection 76-1-601 (8).
                      (e) "Recklessly" has the same meaning as in Subsection 76-2-103 (3).
                      (2) (a) Any person is guilty of workers' compensation insurance fraud if that person
                  intentionally, knowingly, or recklessly:
                      (i) devises any scheme or artifice to obtain workers' compensation insurance coverage,
                  disability compensation, medical benefits, goods, professional services, fees for professional
                  services, or anything of value under this chapter or Chapter 3, Utah Occupational Disease Act, by
                  means of false or fraudulent pretenses, representations, promises, or material omissions; and
                      (ii) communicates or causes a communication with another in furtherance of the scheme or
                  artifice.
                      (b) Workers' compensation insurance fraud under Subsection (2)(a) is punishable in the
                  manner prescribed by Section 76-10-1801 for communication fraud.
                      (3) A corporation or association is guilty of the offense of workers' compensation insurance
                  fraud under the same conditions as those set forth in Section 76-2-204 .
                      (4) The determination of the degree of any offense under Subsection (2) shall be measured

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                  by the total value of all property, money, or other things obtained or sought to be obtained by the
                  scheme or artifice described in Subsection (2), except as provided in Subsection 76-10-1801 (1)(e).
                      (5) Reliance on the part of any person is not a necessary element of the offense described
                  in Subsection (2).
                      (6) An intent on the part of the perpetrator of any offense described in Subsection (2) to
                  permanently deprive any person of property, money, or anything of value is not a necessary element
                  of this offense.
                      (7) An insurer or self-insured employer giving written notice in accordance with Subsection
                  (10) that workers' compensation insurance fraud is a crime is not a necessary element of the offense
                  described in Subsection (2).
                      (8) A scheme or artifice to obtain workers' compensation insurance coverage includes any
                  scheme or artifice to make or cause to be made any false written or oral statement or business
                  reorganization, incorporation, or change in ownership intended to obtain insurance coverage as
                  mandated by this chapter or Chapter 3, Utah Occupational Disease Act, at rates that do not reflect
                  the risk, industry, employer, or class codes actually covered by the policy.
                      (9) A scheme or artifice to obtain disability compensation includes a scheme or artifice to
                  collect or make a claim for temporary disability compensation as provided in Section 34A-2-410
                  while working for gain.
                      (10) (a) Each insurer or self-insured employer who, in connection with this chapter or
                  Chapter 3, Utah Occupational Disease Act, prints, reproduces, or furnishes a form to any person
                  upon which that person applies for insurance coverage, reports payroll, makes a claim by reason of
                  accident, injury, death, disease, or other claimed loss, or otherwise reports or gives notice to the
                  insurer or self-insured employer, shall cause to be printed or displayed in comparative prominence
                  with other content the statement: "Any person who knowingly presents false or fraudulent
                  underwriting information, files or causes to be filed a false or fraudulent claim for disability
                  compensation or medical benefits, or submits a false or fraudulent report or billing for health care
                  fees or other professional services is guilty of a crime and may be subject to fines and confinement
                  in state prison."

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                      (b) Each insurer or self-insured employer who issues a check, warrant, or other financial
                  instrument in payment of compensation issued under this chapter or Chapter 3, Utah Occupational
                  Disease Act, shall cause to be printed or displayed in comparative prominence above the area for
                  endorsement [the] a statement substantially similar to the following: "Workers' compensation
                  insurance fraud is a crime punishable by Utah law."
                      (c) (i) [The provisions of] Subsections (10)(a) and (b) apply only to the legal obligations of
                  an insurer or a self-insured employer.
                      (ii) A person who violates Subsection (2) is guilty of workers' compensation insurance
                  fraud, and the failure of an insurer or a self-insured employer to fully comply with [the provisions
                  of] Subsections (10)(a) and (b) may not be:
                      (A) a defense to violating Subsection (2); or
                      (B) grounds for suppressing evidence.
                      (11) In the absence of malice, a person, employer, insurer, or governmental entity that
                  reports a suspected fraudulent act relating to a workers' compensation insurance policy or claim is
                  not subject to any civil liability for libel, slander, or any other relevant cause of action.
                      (12) In any action involving workers' compensation, this section supersedes Title 31A,
                  Chapter 31, Insurance Fraud Act.
                      Section 22. Repealer.
                      This act repeals:
                      Section 31A-22-706, Basic hospital or medical-surgical coverage conversion options.
                      Section 31A-22-707, Conversion of major medical coverage.

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