1     
INSURANCE AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: James A. Dunnigan

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     Committee Note:
9          The Business and Labor Interim Committee recommended this bill.
10     General Description:
11          This bill modifies provisions related to insurance.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     provides that the Title and Escrow Commission shall meet at least quarterly, rather
16     than monthly;
17          ▸     enacts provisions that require a group-wide supervisor for each internationally
18     active insurance group;
19          ▸     enacts the Corporate Governance Annual Disclosure Act, which:
20               •     requires each insurer or insurance group to submit a disclosure document to the
21     Insurance Commissioner that describes the entity's corporate governance
22     structure, policies, and practices;
23               •     provides that a corporate governance annual disclosure and certain related
24     records are confidential and classified as protected for purposes of the
25     Government Records Access and Management Act;
26               •     allows the insurance commissioner to hire one or more third-party consultants to
27     review a corporate governance annual disclosure; and

28               •     provides a penalty for an insurer or insurance group that fails to timely submit a
29     corporate governance annual disclosure;
30          ▸     modifies the eligibility requirements for the small company exemption from the
31     generally applicable requirements for reserves;
32          ▸     provides that an endorsement to a policy must include the insurer's name and state
33     of domicile;
34          ▸     provides a deadline by which an insurer issuing certain types of policies must
35     deliver a policy to the policyholder or a certificate to each member of the insured
36     group;
37          ▸     allows for an action against an insurer after a denial of payment;
38          ▸     provides certain conditions and disclosure requirements for a short-term limited
39     duration policy insurance policy that includes a preexisting condition exclusion;
40          ▸     clarifies that an employee may, under certain circumstances, extend coverage under
41     an employer's group policy;
42          ▸     provides that the commissioner may take action against a navigator licensee or
43     applicant, a third-party administrator licensee or applicant, or an insurance adjuster
44     licensee or applicant, who:
45               •     is convicted of a misdemeanor involving fraud, misrepresentation, theft, or
46     dishonesty; or
47               •     has had a professional or occupational license or registration denied, suspended,
48     revoked, or surrendered to resolve an administrative action;
49          ▸     enacts provisions related to an indemnitor's duty to indemnify an insolvent insurer;
50          ▸     modifies the conduct that constitutes a fraudulent insurance act under the Insurance
51     Code and the Utah Criminal Code;
52          ▸     clarifies that the Insurance Department may investigate and enforce certain
53     provisions of the Workers' Compensation Act;
54          ▸     clarifies the process by which the Insurance Commissioner reviews and acts upon
55     an application for a bail bond agency license;
56          ▸     consolidates certain provisions governing captive insurance companies;
57          ▸     establishes a certificate of dormancy for eligible captive insurance companies;
58          ▸     requires a new or renamed captive insurance company to include the word

59     "insurance" or an equivalent term in its name;
60          ▸     requires two individuals to verify a captive insurance company's report of financial
61     condition;
62          ▸     requires a captive insurance company to report certain changes to its financial
63     condition to the Insurance Commissioner; and
64          ▸     makes technical and conforming changes.
65     Money Appropriated in this Bill:
66          None
67     Other Special Clauses:
68          This bill provides a special effective date.
69     Utah Code Sections Affected:
70     AMENDS:
71          31A-1-301, as last amended by Laws of Utah 2018, Chapter 319
72          31A-2-403, as last amended by Laws of Utah 2018, Chapter 319
73          31A-16-109, as last amended by Laws of Utah 2016, Chapter 163
74          31A-17-519, as enacted by Laws of Utah 2016, Chapter 163
75          31A-21-201, as last amended by Laws of Utah 2010, Chapter 10
76          31A-21-311, as last amended by Laws of Utah 2003, Chapter 252
77          31A-21-313, as last amended by Laws of Utah 2015, Chapter 244
78          31A-22-501, as last amended by Laws of Utah 2005, Chapter 125
79          31A-22-605.1, as enacted by Laws of Utah 2005, Chapter 78
80          31A-22-611, as last amended by Laws of Utah 2011, Chapters 297 and 366
81          31A-22-627, as last amended by Laws of Utah 2017, Chapter 292
82          31A-22-638, as enacted by Laws of Utah 2010, Chapter 360
83          31A-22-701, as last amended by Laws of Utah 2018, Chapter 319
84          31A-22-722, as last amended by Laws of Utah 2018, Chapter 319
85          31A-22-726, as last amended by Laws of Utah 2015, Chapter 283
86          31A-23a-111, as last amended by Laws of Utah 2018, Chapter 319
87          31A-23a-402, as last amended by Laws of Utah 2017, Chapter 292
88          31A-23a-411.1, as enacted by Laws of Utah 2003, Chapter 252
89          31A-23a-415, as last amended by Laws of Utah 2015, Chapters 312 and 330

90          31A-23b-401, as last amended by Laws of Utah 2017, Chapter 168
91          31A-25-208, as last amended by Laws of Utah 2016, Chapter 138
92          31A-26-213, as last amended by Laws of Utah 2017, Chapter 168
93          31A-30-103, as last amended by Laws of Utah 2014, Chapters 290, 300, and 425
94          31A-30-118, as enacted by Laws of Utah 2014, Chapter 425
95          31A-31-103, as last amended by Laws of Utah 2004, Chapter 104
96          31A-31-107, as last amended by Laws of Utah 1997, Chapter 375
97          31A-35-405, as last amended by Laws of Utah 2016, Chapter 234
98          31A-37-102, as last amended by Laws of Utah 2017, Chapter 168
99          31A-37-103, as last amended by Laws of Utah 2016, Chapter 138
100          31A-37-106, as last amended by Laws of Utah 2017, Chapter 168
101          31A-37-201, as enacted by Laws of Utah 2003, Chapter 251
102          31A-37-203, as enacted by Laws of Utah 2003, Chapter 251
103          31A-37-301, as last amended by Laws of Utah 2017, Chapter 168
104          31A-37-401, as last amended by Laws of Utah 2015, Chapter 244
105          31A-37-501, as last amended by Laws of Utah 2016, Chapter 138
106          31A-37-502, as last amended by Laws of Utah 2016, Chapters 138 and 348
107          31A-45-102, as enacted by Laws of Utah 2017, Chapter 292
108          31A-45-303, as last amended by Laws of Utah 2017, Chapter 168 and renumbered and
109     amended by Laws of Utah 2017, Chapter 292
110          31A-45-401, as renumbered and amended by Laws of Utah 2017, Chapter 292
111          34A-2-110, as last amended by Laws of Utah 2011, Chapters 328 and 413
112          63G-2-305, as last amended by Laws of Utah 2018, Chapters 81, 159, 285, 315, 316,
113     319, 352, 409, and 425
114          76-6-521, as last amended by Laws of Utah 2004, Chapter 104
115     ENACTS:
116          31A-16-108.6, Utah Code Annotated 1953
117          31A-16b-101, Utah Code Annotated 1953
118          31A-16b-102, Utah Code Annotated 1953
119          31A-16b-103, Utah Code Annotated 1953
120          31A-16b-104, Utah Code Annotated 1953

121          31A-16b-105, Utah Code Annotated 1953
122          31A-16b-106, Utah Code Annotated 1953
123          31A-16b-107, Utah Code Annotated 1953
124          31A-16b-108, Utah Code Annotated 1953
125          31A-27a-512.1, Utah Code Annotated 1953
126          31A-37-701, Utah Code Annotated 1953
127          31A-37-702, Utah Code Annotated 1953
128     REPEALS AND REENACTS:
129          31A-37-202, as last amended by Laws of Utah 2017, Chapter 168
130     REPEALS:
131          31A-16a-102, as enacted by Laws of Utah 2017, Chapter 168
132     

133     Be it enacted by the Legislature of the state of Utah:
134          Section 1. Section 31A-1-301 is amended to read:
135          31A-1-301. Definitions.
136          As used in this title, unless otherwise specified:
137          (1) (a) "Accident and health insurance" means insurance to provide protection against
138     economic losses resulting from:
139          (i) a medical condition including:
140          (A) a medical care expense; or
141          (B) the risk of disability;
142          (ii) accident; or
143          (iii) sickness.
144          (b) "Accident and health insurance":
145          (i) includes a contract with disability contingencies including:
146          (A) an income replacement contract;
147          (B) a health care contract;
148          (C) an expense reimbursement contract;
149          (D) a credit accident and health contract;
150          (E) a continuing care contract; and
151          (F) a long-term care contract; and

152          (ii) may provide:
153          (A) hospital coverage;
154          (B) surgical coverage;
155          (C) medical coverage;
156          (D) loss of income coverage;
157          (E) prescription drug coverage;
158          (F) dental coverage; or
159          (G) vision coverage.
160          (c) "Accident and health insurance" does not include workers' compensation insurance.
161          (d) For purposes of a national licensing registry, "accident and health insurance" is the
162     same as "accident and health or sickness insurance."
163          (2) "Actuary" is as defined by the commissioner by rule, made in accordance with Title
164     63G, Chapter 3, Utah Administrative Rulemaking Act.
165          (3) "Administrator" means the same as that term is defined in Subsection [(171)] (178).
166          (4) "Adult" means an individual who has attained the age of at least 18 years.
167          (5) "Affiliate" means a person who controls, is controlled by, or is under common
168     control with, another person. A corporation is an affiliate of another corporation, regardless of
169     ownership, if substantially the same group of individuals manage the corporations.
170          (6) "Agency" means:
171          (a) a person other than an individual, including a sole proprietorship by which an
172     individual does business under an assumed name; and
173          (b) an insurance organization licensed or required to be licensed under Section
174     31A-23a-301, 31A-25-207, or 31A-26-209.
175          (7) "Alien insurer" means an insurer domiciled outside the United States.
176          (8) "Amendment" means an endorsement to an insurance policy or certificate.
177          (9) "Annuity" means an agreement to make periodical payments for a period certain or
178     over the lifetime of one or more individuals if the making or continuance of all or some of the
179     series of the payments, or the amount of the payment, is dependent upon the continuance of
180     human life.
181          (10) "Application" means a document:
182          (a) (i) completed by an applicant to provide information about the risk to be insured;

183     and
184          (ii) that contains information that is used by the insurer to evaluate risk and decide
185     whether to:
186          (A) insure the risk under:
187          (I) the coverage as originally offered; or
188          (II) a modification of the coverage as originally offered; or
189          (B) decline to insure the risk; or
190          (b) used by the insurer to gather information from the applicant before issuance of an
191     annuity contract.
192          (11) "Articles" or "articles of incorporation" means:
193          (a) the original articles;
194          (b) a special law;
195          (c) a charter;
196          (d) an amendment;
197          (e) restated articles;
198          (f) articles of merger or consolidation;
199          (g) a trust instrument;
200          (h) another constitutive document for a trust or other entity that is not a corporation;
201     and
202          (i) an amendment to an item listed in Subsections (11)(a) through (h).
203          (12) "Bail bond insurance" means a guarantee that a person will attend court when
204     required, up to and including surrender of the person in execution of a sentence imposed under
205     Subsection 77-20-7(1), as a condition to the release of that person from confinement.
206          (13) "Binder" means the same as that term is defined in Section 31A-21-102.
207          (14) "Blanket insurance policy" means a group policy covering a defined class of
208     persons:
209          (a) without individual underwriting or application; and
210          (b) that is determined by definition without designating each person covered.
211          (15) "Board," "board of trustees," or "board of directors" means the group of persons
212     with responsibility over, or management of, a corporation, however designated.
213          (16) "Bona fide office" means a physical office in this state:

214          (a) that is open to the public;
215          (b) that is staffed during regular business hours on regular business days; and
216          (c) at which the public may appear in person to obtain services.
217          (17) "Business entity" means:
218          (a) a corporation;
219          (b) an association;
220          (c) a partnership;
221          (d) a limited liability company;
222          (e) a limited liability partnership; or
223          (f) another legal entity.
224          (18) "Business of insurance" means the same as that term is defined in Subsection
225     [(92)] (94).
226          (19) "Business plan" means the information required to be supplied to the
227     commissioner under Subsections 31A-5-204(2)(i) and (j), including the information required
228     when these subsections apply by reference under:
229          (a) Section 31A-7-201;
230          (b) Section 31A-8-205; or
231          (c) Subsection 31A-9-205(2).
232          (20) (a) "Bylaws" means the rules adopted for the regulation or management of a
233     corporation's affairs, however designated.
234          (b) "Bylaws" includes comparable rules for a trust or other entity that is not a
235     corporation.
236          (21) "Captive insurance company" means:
237          (a) an insurer:
238          (i) owned by another organization; and
239          (ii) whose exclusive purpose is to insure risks of the parent organization and an
240     affiliated company; or
241          (b) in the case of a group or association, an insurer:
242          (i) owned by the insureds; and
243          (ii) whose exclusive purpose is to insure risks of:
244          (A) a member organization;

245          (B) a group member; or
246          (C) an affiliate of:
247          (I) a member organization; or
248          (II) a group member.
249          (22) "Casualty insurance" means liability insurance.
250          (23) "Certificate" means evidence of insurance given to:
251          (a) an insured under a group insurance policy; or
252          (b) a third party.
253          (24) "Certificate of authority" is included within the term "license."
254          (25) "Claim," unless the context otherwise requires, means a request or demand on an
255     insurer for payment of a benefit according to the terms of an insurance policy.
256          (26) "Claims-made coverage" means an insurance contract or provision limiting
257     coverage under a policy insuring against legal liability to claims that are first made against the
258     insured while the policy is in force.
259          (27) (a) "Commissioner" or "commissioner of insurance" means Utah's insurance
260     commissioner.
261          (b) When appropriate, the terms listed in Subsection (27)(a) apply to the equivalent
262     supervisory official of another jurisdiction.
263          (28) (a) "Continuing care insurance" means insurance that:
264          (i) provides board and lodging;
265          (ii) provides one or more of the following:
266          (A) a personal service;
267          (B) a nursing service;
268          (C) a medical service; or
269          (D) any other health-related service; and
270          (iii) provides the coverage described in this Subsection (28)(a) under an agreement
271     effective:
272          (A) for the life of the insured; or
273          (B) for a period in excess of one year.
274          (b) Insurance is continuing care insurance regardless of whether or not the board and
275     lodging are provided at the same location as a service described in Subsection (28)(a)(ii).

276          (29) (a) "Control," "controlling," "controlled," or "under common control" means the
277     direct or indirect possession of the power to direct or cause the direction of the management
278     and policies of a person. This control may be:
279          (i) by contract;
280          (ii) by common management;
281          (iii) through the ownership of voting securities; or
282          (iv) by a means other than those described in Subsections (29)(a)(i) through (iii).
283          (b) There is no presumption that an individual holding an official position with another
284     person controls that person solely by reason of the position.
285          (c) A person having a contract or arrangement giving control is considered to have
286     control despite the illegality or invalidity of the contract or arrangement.
287          (d) There is a rebuttable presumption of control in a person who directly or indirectly
288     owns, controls, holds with the power to vote, or holds proxies to vote 10% or more of the
289     voting securities of another person.
290          (30) "Controlled insurer" means a licensed insurer that is either directly or indirectly
291     controlled by a producer.
292          (31) "Controlling person" means a person that directly or indirectly has the power to
293     direct or cause to be directed, the management, control, or activities of a reinsurance
294     intermediary.
295          (32) "Controlling producer" means a producer who directly or indirectly controls an
296     insurer.
297          (33) "Corporate governance annual disclosure" means a report an insurer or insurance
298     group files in accordance with the requirements of Chapter 16b, Corporate Governance Annual
299     Disclosure Act.
300          [(33)] (34) (a) "Corporation" means an insurance corporation, except when referring to:
301          (i) a corporation doing business:
302          (A) as:
303          (I) an insurance producer;
304          (II) a surplus lines producer;
305          (III) a limited line producer;
306          (IV) a consultant;

307          (V) a managing general agent;
308          (VI) a reinsurance intermediary;
309          (VII) a third party administrator; or
310          (VIII) an adjuster; and
311          (B) under:
312          (I) Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and
313     Reinsurance Intermediaries;
314          (II) Chapter 25, Third Party Administrators; or
315          (III) Chapter 26, Insurance Adjusters; or
316          (ii) a noninsurer that is part of a holding company system under Chapter 16, Insurance
317     Holding Companies.
318          (b) "Mutual" or "mutual corporation" means a mutual insurance corporation.
319          (c) "Stock corporation" means a stock insurance corporation.
320          [(34)] (35) (a) "Creditable coverage" has the same meaning as provided in federal
321     regulations adopted pursuant to the Health Insurance Portability and Accountability Act.
322          (b) "Creditable coverage" includes coverage that is offered through a public health plan
323     such as:
324          (i) the Primary Care Network Program under a Medicaid primary care network
325     demonstration waiver obtained subject to Section 26-18-3;
326          (ii) the Children's Health Insurance Program under Section 26-40-106; or
327          (iii) the Ryan White Program Comprehensive AIDS Resources Emergency Act, Pub. L.
328     No. 101-381, and Ryan White HIV/AIDS Treatment Modernization Act of 2006, Pub. L. No.
329     109-415.
330          [(35)] (36) "Credit accident and health insurance" means insurance on a debtor to
331     provide indemnity for payments coming due on a specific loan or other credit transaction while
332     the debtor has a disability.
333          [(36)] (37) (a) "Credit insurance" means insurance offered in connection with an
334     extension of credit that is limited to partially or wholly extinguishing that credit obligation.
335          (b) "Credit insurance" includes:
336          (i) credit accident and health insurance;
337          (ii) credit life insurance;

338          (iii) credit property insurance;
339          (iv) credit unemployment insurance;
340          (v) guaranteed automobile protection insurance;
341          (vi) involuntary unemployment insurance;
342          (vii) mortgage accident and health insurance;
343          (viii) mortgage guaranty insurance; and
344          (ix) mortgage life insurance.
345          [(37)] (38) "Credit life insurance" means insurance on the life of a debtor in connection
346     with an extension of credit that pays a person if the debtor dies.
347          [(38)] (39) "Creditor" means a person, including an insured, having a claim, whether:
348          (a) matured;
349          (b) unmatured;
350          (c) liquidated;
351          (d) unliquidated;
352          (e) secured;
353          (f) unsecured;
354          (g) absolute;
355          (h) fixed; or
356          (i) contingent.
357          [(39)] (40) "Credit property insurance" means insurance:
358          (a) offered in connection with an extension of credit; and
359          (b) that protects the property until the debt is paid.
360          [(40)] (41) "Credit unemployment insurance" means insurance:
361          (a) offered in connection with an extension of credit; and
362          (b) that provides indemnity if the debtor is unemployed for payments coming due on a:
363          (i) specific loan; or
364          (ii) credit transaction.
365          [(41)] (42) (a) "Crop insurance" means insurance providing protection against damage
366     to crops from unfavorable weather conditions, fire or lightning, flood, hail, insect infestation,
367     disease, or other yield-reducing conditions or perils that is:
368          (i) provided by the private insurance market; or

369          (ii) subsidized by the Federal Crop Insurance Corporation.
370          (b) "Crop insurance" includes multiperil crop insurance.
371          [(42)] (43) (a) "Customer service representative" means a person that provides an
372     insurance service and insurance product information:
373          (i) for the customer service representative's:
374          (A) producer;
375          (B) surplus lines producer; or
376          (C) consultant employer; and
377          (ii) to the customer service representative's employer's:
378          (A) customer;
379          (B) client; or
380          (C) organization.
381          (b) A customer service representative may only operate within the scope of authority of
382     the customer service representative's producer, surplus lines producer, or consultant employer.
383          [(43)] (44) "Deadline" means a final date or time:
384          (a) imposed by:
385          (i) statute;
386          (ii) rule; or
387          (iii) order; and
388          (b) by which a required filing or payment must be received by the department.
389          [(44)] (45) "Deemer clause" means a provision under this title under which upon the
390     occurrence of a condition precedent, the commissioner is considered to have taken a specific
391     action. If the statute so provides, a condition precedent may be the commissioner's failure to
392     take a specific action.
393          [(45)] (46) "Degree of relationship" means the number of steps between two persons
394     determined by counting the generations separating one person from a common ancestor and
395     then counting the generations to the other person.
396          [(46)] (47) "Department" means the Insurance Department.
397          [(47)] (48) "Director" means a member of the board of directors of a corporation.
398          [(48)] (49) "Disability" means a physiological or psychological condition that partially
399     or totally limits an individual's ability to:

400          (a) perform the duties of:
401          (i) that individual's occupation; or
402          (ii) an occupation for which the individual is reasonably suited by education, training,
403     or experience; or
404          (b) perform two or more of the following basic activities of daily living:
405          (i) eating;
406          (ii) toileting;
407          (iii) transferring;
408          (iv) bathing; or
409          (v) dressing.
410          [(49)] (50) "Disability income insurance" means the same as that term is defined in
411     Subsection [(83)] (85).
412          [(50)] (51) "Domestic insurer" means an insurer organized under the laws of this state.
413          [(51)] (52) "Domiciliary state" means the state in which an insurer:
414          (a) is incorporated;
415          (b) is organized; or
416          (c) in the case of an alien insurer, enters into the United States.
417          [(52)] (53) (a) "Eligible employee" means:
418          (i) an employee who:
419          (A) works on a full-time basis; and
420          (B) has a normal work week of 30 or more hours; or
421          (ii) a person described in Subsection [(52)] (53)(b).
422          (b) "Eligible employee" includes:
423          (i) an owner who:
424          (A) works on a full-time basis; and
425          (B) has a normal work week of 30 or more hours; and
426          (ii) if the individual is included under a health benefit plan of a small employer:
427          (A) a sole proprietor;
428          (B) a partner in a partnership; or
429          (C) an independent contractor.
430          (c) "Eligible employee" does not include, unless eligible under Subsection [(52)]

431     (53)(b):
432          (i) an individual who works on a temporary or substitute basis for a small employer;
433          (ii) an employer's spouse who does not meet the requirements of Subsection [(52)]
434     (53)(a)(i); or
435          (iii) a dependent of an employer who does not meet the requirements of Subsection
436     [(52)] (53)(a)(i).
437          [(53)] (54) "Employee" means:
438          (a) an individual employed by an employer; and
439          (b) an owner who meets the requirements of Subsection [(52)] (53)(b)(i).
440          [(54)] (55) "Employee benefits" means one or more benefits or services provided to:
441          (a) an employee; or
442          (b) a dependent of an employee.
443          [(55)] (56) (a) "Employee welfare fund" means a fund:
444          (i) established or maintained, whether directly or through a trustee, by:
445          (A) one or more employers;
446          (B) one or more labor organizations; or
447          (C) a combination of employers and labor organizations; and
448          (ii) that provides employee benefits paid or contracted to be paid, other than income
449     from investments of the fund:
450          (A) by or on behalf of an employer doing business in this state; or
451          (B) for the benefit of a person employed in this state.
452          (b) "Employee welfare fund" includes a plan funded or subsidized by a user fee or tax
453     revenues.
454          [(56)] (57) "Endorsement" means a written agreement attached to a policy or certificate
455     to modify the policy or certificate coverage.
456          [(57)] (58) (a) "Enrollee" means:
457          (i) a policyholder;
458          (ii) a certificate holder;
459          (iii) a subscriber; or
460          (iv) a covered individual:
461          (A) who has entered into a contract with an organization for health care; or

462          (B) on whose behalf an arrangement for health care has been made.
463          (b) "Enrollee" includes an insured.
464          [(58)] (59) "Enrollment date," with respect to a health benefit plan, means:
465          (a) the first day of coverage; or
466          (b) if there is a waiting period, the first day of the waiting period.
467          [(59)] (60) "Enterprise risk" means an activity, circumstance, event, or series of events
468     involving one or more affiliates of an insurer that, if not remedied promptly, is likely to have a
469     material adverse effect upon the financial condition or liquidity of the insurer or its insurance
470     holding company system as a whole, including anything that would cause:
471          (a) the insurer's risk-based capital to fall into an action or control level as set forth in
472     Sections 31A-17-601 through 31A-17-613; or
473          (b) the insurer to be in hazardous financial condition set forth in Section 31A-27a-101.
474          [(60)] (61) (a) "Escrow" means:
475          (i) a transaction that effects the sale, transfer, encumbering, or leasing of real property,
476     when a person not a party to the transaction, and neither having nor acquiring an interest in the
477     title, performs, in accordance with the written instructions or terms of the written agreement
478     between the parties to the transaction, any of the following actions:
479          (A) the explanation, holding, or creation of a document; or
480          (B) the receipt, deposit, and disbursement of money;
481          (ii) a settlement or closing involving:
482          (A) a mobile home;
483          (B) a grazing right;
484          (C) a water right; or
485          (D) other personal property authorized by the commissioner.
486          (b) "Escrow" does not include:
487          (i) the following notarial acts performed by a notary within the state:
488          (A) an acknowledgment;
489          (B) a copy certification;
490          (C) jurat; and
491          (D) an oath or affirmation;
492          (ii) the receipt or delivery of a document; or

493          (iii) the receipt of money for delivery to the escrow agent.
494          [(61)] (62) "Escrow agent" means an agency title insurance producer meeting the
495     requirements of Sections 31A-4-107, 31A-14-211, and 31A-23a-204, who is acting through an
496     individual title insurance producer licensed with an escrow subline of authority.
497          [(62)] (63) (a) "Excludes" is not exhaustive and does not mean that another thing is not
498     also excluded.
499          (b) The items listed in a list using the term "excludes" are representative examples for
500     use in interpretation of this title.
501          [(63)] (64) "Exclusion" means for the purposes of accident and health insurance that an
502     insurer does not provide insurance coverage, for whatever reason, for one of the following:
503          (a) a specific physical condition;
504          (b) a specific medical procedure;
505          (c) a specific disease or disorder; or
506          (d) a specific prescription drug or class of prescription drugs.
507          [(64)] (65) "Expense reimbursement insurance" means insurance:
508          (a) written to provide a payment for an expense relating to hospital confinement
509     resulting from illness or injury; and
510          (b) written:
511          (i) as a daily limit for a specific number of days in a hospital; and
512          (ii) to have a one or two day waiting period following a hospitalization.
513          [(65)] (66) "Fidelity insurance" means insurance guaranteeing the fidelity of a person
514     holding a position of public or private trust.
515          [(66)] (67) (a) "Filed" means that a filing is:
516          (i) submitted to the department as required by and in accordance with applicable
517     statute, rule, or filing order;
518          (ii) received by the department within the time period provided in applicable statute,
519     rule, or filing order; and
520          (iii) accompanied by the appropriate fee in accordance with:
521          (A) Section 31A-3-103; or
522          (B) rule.
523          (b) "Filed" does not include a filing that is rejected by the department because it is not

524     submitted in accordance with Subsection [(66)] (67)(a).
525          [(67)] (68) "Filing," when used as a noun, means an item required to be filed with the
526     department including:
527          (a) a policy;
528          (b) a rate;
529          (c) a form;
530          (d) a document;
531          (e) a plan;
532          (f) a manual;
533          (g) an application;
534          (h) a report;
535          (i) a certificate;
536          (j) an endorsement;
537          (k) an actuarial certification;
538          (l) a licensee annual statement;
539          (m) a licensee renewal application;
540          (n) an advertisement;
541          (o) a binder; or
542          (p) an outline of coverage.
543          [(68)] (69) "First party insurance" means an insurance policy or contract in which the
544     insurer agrees to pay a claim submitted to it by the insured for the insured's losses.
545          [(69)] (70) "Foreign insurer" means an insurer domiciled outside of this state, including
546     an alien insurer.
547          [(70)] (71) (a) "Form" means one of the following prepared for general use:
548          (i) a policy;
549          (ii) a certificate;
550          (iii) an application;
551          (iv) an outline of coverage; or
552          (v) an endorsement.
553          (b) "Form" does not include a document specially prepared for use in an individual
554     case.

555          [(71)] (72) "Franchise insurance" means an individual insurance policy provided
556     through a mass marketing arrangement involving a defined class of persons related in some
557     way other than through the purchase of insurance.
558          [(72)] (73) "General lines of authority" include:
559          (a) the general lines of insurance in Subsection [(73)] (74);
560          (b) title insurance under one of the following sublines of authority:
561          (i) title examination, including authority to act as a title marketing representative;
562          (ii) escrow, including authority to act as a title marketing representative; and
563          (iii) title marketing representative only;
564          (c) surplus lines;
565          (d) workers' compensation; and
566          (e) another line of insurance that the commissioner considers necessary to recognize in
567     the public interest.
568          [(73)] (74) "General lines of insurance" include:
569          (a) accident and health;
570          (b) casualty;
571          (c) life;
572          (d) personal lines;
573          (e) property; and
574          (f) variable contracts, including variable life and annuity.
575          [(74)] (75) "Group health plan" means an employee welfare benefit plan to the extent
576     that the plan provides medical care:
577          (a) (i) to an employee; or
578          (ii) to a dependent of an employee; and
579          (b) (i) directly;
580          (ii) through insurance reimbursement; or
581          (iii) through another method.
582          [(75)] (76) (a) "Group insurance policy" means a policy covering a group of persons
583     that is issued:
584          (i) to a policyholder on behalf of the group; and
585          (ii) for the benefit of a member of the group who is selected under a procedure defined

586     in:
587          (A) the policy; or
588          (B) an agreement that is collateral to the policy.
589          (b) A group insurance policy may include a member of the policyholder's family or a
590     dependent.
591          (77) "Group-wide supervisor" means the commissioner or other regulatory official
592     designated as the group-wide supervisor for an internationally active insurance group under
593     Section 31A-16-108.6.
594          [(76)] (78) "Guaranteed automobile protection insurance" means insurance offered in
595     connection with an extension of credit that pays the difference in amount between the
596     insurance settlement and the balance of the loan if the insured automobile is a total loss.
597          [(77)] (79) (a) "Health benefit plan" means, except as provided in Subsection [(77)]
598     (79)(b), a policy, contract, certificate, or agreement offered or issued by a health carrier to
599     provide, deliver, arrange for, pay for, or reimburse any of the costs of health care.
600          (b) "Health benefit plan" does not include:
601          (i) coverage only for accident or disability income insurance, or any combination
602     thereof;
603          (ii) coverage issued as a supplement to liability insurance;
604          (iii) liability insurance, including general liability insurance and automobile liability
605     insurance;
606          (iv) workers' compensation or similar insurance;
607          (v) automobile medical payment insurance;
608          (vi) credit-only insurance;
609          (vii) coverage for on-site medical clinics;
610          (viii) other similar insurance coverage, specified in federal regulations issued pursuant
611     to Pub. L. No. 104-191, under which benefits for health care services are secondary or
612     incidental to other insurance benefits;
613          (ix) the following benefits if they are provided under a separate policy, certificate, or
614     contract of insurance or are otherwise not an integral part of the plan:
615          (A) limited scope dental or vision benefits;
616          (B) benefits for long-term care, nursing home care, home health care,

617     community-based care, or any combination thereof; or
618          (C) other similar limited benefits, specified in federal regulations issued pursuant to
619     Pub. L. No. 104-191;
620          (x) the following benefits if the benefits are provided under a separate policy,
621     certificate, or contract of insurance, there is no coordination between the provision of benefits
622     and any exclusion of benefits under any health plan, and the benefits are paid with respect to an
623     event without regard to whether benefits are provided under any health plan:
624          (A) coverage only for specified disease or illness; or
625          (B) hospital indemnity or other fixed indemnity insurance; and
626          (xi) the following if offered as a separate policy, certificate, or contract of insurance:
627          (A) Medicare supplemental health insurance as defined under the Social Security Act,
628     42 U.S.C. Sec. 1395ss(g)(1);
629          (B) coverage supplemental to the coverage provided under United States Code, Title
630     10, Chapter 55, Civilian Health and Medical Program of the Uniformed Services
631     (CHAMPUS); or
632          (C) similar supplemental coverage provided to coverage under a group health insurance
633     plan.
634          [(78)] (80) "Health care" means any of the following intended for use in the diagnosis,
635     treatment, mitigation, or prevention of a human ailment or impairment:
636          (a) a professional service;
637          (b) a personal service;
638          (c) a facility;
639          (d) equipment;
640          (e) a device;
641          (f) supplies; or
642          (g) medicine.
643          [(79)] (81) (a) "Health care insurance" or "health insurance" means insurance
644     providing:
645          (i) a health care benefit; or
646          (ii) payment of an incurred health care expense.
647          (b) "Health care insurance" or "health insurance" does not include accident and health

648     insurance providing a benefit for:
649          (i) replacement of income;
650          (ii) short-term accident;
651          (iii) fixed indemnity;
652          (iv) credit accident and health;
653          (v) supplements to liability;
654          (vi) workers' compensation;
655          (vii) automobile medical payment;
656          (viii) no-fault automobile;
657          (ix) equivalent self-insurance; or
658          (x) a type of accident and health insurance coverage that is a part of or attached to
659     another type of policy.
660          [(80)] (82) "Health care provider" means the same as that term is defined in Section
661     78B-3-403.
662          [(81)] (83) "Health insurance exchange" means an exchange as defined in 45 C.F.R.
663     Sec. 155.20.
664          [(82)] (84) "Health Insurance Portability and Accountability Act" means the Health
665     Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936, as
666     amended.
667          [(83)] (85) "Income replacement insurance" or "disability income insurance" means
668     insurance written to provide payments to replace income lost from accident or sickness.
669          [(84)] (86) "Indemnity" means the payment of an amount to offset all or part of an
670     insured loss.
671          [(85)] (87) "Independent adjuster" means an insurance adjuster required to be licensed
672     under Section 31A-26-201 who engages in insurance adjusting as a representative of an insurer.
673          [(86)] (88) "Independently procured insurance" means insurance procured under
674     Section 31A-15-104.
675          [(87)] (89) "Individual" means a natural person.
676          [(88)] (90) "Inland marine insurance" includes insurance covering:
677          (a) property in transit on or over land;
678          (b) property in transit over water by means other than boat or ship;

679          (c) bailee liability;
680          (d) fixed transportation property such as bridges, electric transmission systems, radio
681     and television transmission towers and tunnels; and
682          (e) personal and commercial property floaters.
683          [(89)] (91) "Insolvency" or "insolvent" means that:
684          (a) an insurer is unable to pay the insurer's obligations as the obligations are due;
685          (b) an insurer's total adjusted capital is less than the insurer's mandatory control level
686     RBC under Subsection 31A-17-601(8)(c); or
687          (c) an insurer's admitted assets are less than the insurer's liabilities.
688          [(90)] (92) (a) "Insurance" means:
689          (i) an arrangement, contract, or plan for the transfer of a risk or risks from one or more
690     persons to one or more other persons; or
691          (ii) an arrangement, contract, or plan for the distribution of a risk or risks among a
692     group of persons that includes the person seeking to distribute that person's risk.
693          (b) "Insurance" includes:
694          (i) a risk distributing arrangement providing for compensation or replacement for
695     damages or loss through the provision of a service or a benefit in kind;
696          (ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a
697     business and not as merely incidental to a business transaction; and
698          (iii) a plan in which the risk does not rest upon the person who makes an arrangement,
699     but with a class of persons who have agreed to share the risk.
700          [(91)] (93) "Insurance adjuster" means a person who directs or conducts the
701     investigation, negotiation, or settlement of a claim under an insurance policy other than life
702     insurance or an annuity, on behalf of an insurer, policyholder, or a claimant under an insurance
703     policy.
704          [(92)] (94) "Insurance business" or "business of insurance" includes:
705          (a) providing health care insurance by an organization that is or is required to be
706     licensed under this title;
707          (b) providing a benefit to an employee in the event of a contingency not within the
708     control of the employee, in which the employee is entitled to the benefit as a right, which
709     benefit may be provided either:

710          (i) by a single employer or by multiple employer groups; or
711          (ii) through one or more trusts, associations, or other entities;
712          (c) providing an annuity:
713          (i) including an annuity issued in return for a gift; and
714          (ii) except an annuity provided by a person specified in Subsections 31A-22-1305(2)
715     and (3);
716          (d) providing the characteristic services of a motor club as outlined in Subsection
717     [(121)] (125);
718          (e) providing another person with insurance;
719          (f) making as insurer, guarantor, or surety, or proposing to make as insurer, guarantor,
720     or surety, a contract or policy of title insurance;
721          (g) transacting or proposing to transact any phase of title insurance, including:
722          (i) solicitation;
723          (ii) negotiation preliminary to execution;
724          (iii) execution of a contract of title insurance;
725          (iv) insuring; and
726          (v) transacting matters subsequent to the execution of the contract and arising out of
727     the contract, including reinsurance;
728          (h) transacting or proposing a life settlement; and
729          (i) doing, or proposing to do, any business in substance equivalent to Subsections
730     [(92)] (94)(a) through (h) in a manner designed to evade this title.
731          [(93)] (95) "Insurance consultant" or "consultant" means a person who:
732          (a) advises another person about insurance needs and coverages;
733          (b) is compensated by the person advised on a basis not directly related to the insurance
734     placed; and
735          (c) except as provided in Section 31A-23a-501, is not compensated directly or
736     indirectly by an insurer or producer for advice given.
737          (96) "Insurance group" means the persons that comprise an insurance holding company
738     system.
739          [(94)] (97) "Insurance holding company system" means a group of two or more
740     affiliated persons, at least one of whom is an insurer.

741          [(95)] (98) (a) "Insurance producer" or "producer" means a person licensed or required
742     to be licensed under the laws of this state to sell, solicit, or negotiate insurance.
743          (b) (i) "Producer for the insurer" means a producer who is compensated directly or
744     indirectly by an insurer for selling, soliciting, or negotiating an insurance product of that
745     insurer.
746          (ii) "Producer for the insurer" may be referred to as an "agent."
747          (c) (i) "Producer for the insured" means a producer who:
748          (A) is compensated directly and only by an insurance customer or an insured; and
749          (B) receives no compensation directly or indirectly from an insurer for selling,
750     soliciting, or negotiating an insurance product of that insurer to an insurance customer or
751     insured.
752          (ii) "Producer for the insured" may be referred to as a "broker."
753          [(96)] (99) (a) "Insured" means a person to whom or for whose benefit an insurer
754     makes a promise in an insurance policy and includes:
755          (i) a policyholder;
756          (ii) a subscriber;
757          (iii) a member; and
758          (iv) a beneficiary.
759          (b) The definition in Subsection [(96)] (99)(a):
760          (i) applies only to this title;
761          (ii) does not define the meaning of "insured" as used in an insurance policy or
762     certificate; and
763          (iii) includes an enrollee.
764          [(97)] (100) (a) "Insurer" means a person doing an insurance business as a principal
765     including:
766          (i) a fraternal benefit society;
767          (ii) an issuer of a gift annuity other than an annuity specified in Subsections
768     31A-22-1305(2) and (3);
769          (iii) a motor club;
770          (iv) an employee welfare plan;
771          (v) a person purporting or intending to do an insurance business as a principal on that

772     person's own account; and
773          (vi) a health maintenance organization.
774          (b) "Insurer" does not include a governmental entity [to the extent the governmental
775     entity is engaged in an activity described in Section 31A-12-107].
776          [(98)] (101) "Interinsurance exchange" means the same as that term is defined in
777     Subsection [(153)] (160).
778          (102) "Internationally active insurance group" means an insurance holding company
779     system:
780          (a) that includes an insurer registered under Section 34A-16-105;
781          (b) that has premiums written in at least three countries;
782          (c) whose percentage of gross premiums written outside the United States is at least
783     10% of its total gross written premiums; and
784          (d) that, based on a three-year rolling average, has:
785          (i) total assets of at least $50,000,000,000; or
786          (ii) total gross written premiums of at least $10,000,000,000.
787          [(99)] (103) "Involuntary unemployment insurance" means insurance:
788          (a) offered in connection with an extension of credit; and
789          (b) that provides indemnity if the debtor is involuntarily unemployed for payments
790     coming due on a:
791          (i) specific loan; or
792          (ii) credit transaction.
793          [(100)] (104) (a) "Large employer," in connection with a health benefit plan, means an
794     employer who, with respect to a calendar year and to a plan year:
795          (i) employed an average of at least 51 employees on business days during the preceding
796     calendar year; and
797          (ii) employs at least one employee on the first day of the plan year.
798          (b) The number of employees shall be determined using the method set forth in 26
799     U.S.C. Sec. 4980H(c)(2).
800          [(101)] (105) "Late enrollee," with respect to an employer health benefit plan, means
801     an individual whose enrollment is a late enrollment.
802          [(102)] (106) "Late enrollment," with respect to an employer health benefit plan, means

803     enrollment of an individual other than:
804          (a) on the earliest date on which coverage can become effective for the individual
805     under the terms of the plan; or
806          (b) through special enrollment.
807          [(103)] (107) (a) Except for a retainer contract or legal assistance described in Section
808     31A-1-103, "legal expense insurance" means insurance written to indemnify or pay for a
809     specified legal expense.
810          (b) "Legal expense insurance" includes an arrangement that creates a reasonable
811     expectation of an enforceable right.
812          (c) "Legal expense insurance" does not include the provision of, or reimbursement for,
813     legal services incidental to other insurance coverage.
814          [(104)] (108) (a) "Liability insurance" means insurance against liability:
815          (i) for death, injury, or disability of a human being, or for damage to property,
816     exclusive of the coverages under:
817          (A) medical malpractice insurance;
818          (B) professional liability insurance; and
819          (C) workers' compensation insurance;
820          (ii) for a medical, hospital, surgical, and funeral benefit to a person other than the
821     insured who is injured, irrespective of legal liability of the insured, when issued with or
822     supplemental to insurance against legal liability for the death, injury, or disability of a human
823     being, exclusive of the coverages under:
824          (A) medical malpractice insurance;
825          (B) professional liability insurance; and
826          (C) workers' compensation insurance;
827          (iii) for loss or damage to property resulting from an accident to or explosion of a
828     boiler, pipe, pressure container, machinery, or apparatus;
829          (iv) for loss or damage to property caused by:
830          (A) the breakage or leakage of a sprinkler, water pipe, or water container; or
831          (B) water entering through a leak or opening in a building; or
832          (v) for other loss or damage properly the subject of insurance not within another kind
833     of insurance as defined in this chapter, if the insurance is not contrary to law or public policy.

834          (b) "Liability insurance" includes:
835          (i) vehicle liability insurance;
836          (ii) residential dwelling liability insurance; and
837          (iii) making inspection of, and issuing a certificate of inspection upon, an elevator,
838     boiler, machinery, or apparatus of any kind when done in connection with insurance on the
839     elevator, boiler, machinery, or apparatus.
840          [(105)] (109) (a) "License" means authorization issued by the commissioner to engage
841     in an activity that is part of or related to the insurance business.
842          (b) "License" includes a certificate of authority issued to an insurer.
843          [(106)] (110) (a) "Life insurance" means:
844          (i) insurance on a human life; and
845          (ii) insurance pertaining to or connected with human life.
846          (b) The business of life insurance includes:
847          (i) granting a death benefit;
848          (ii) granting an annuity benefit;
849          (iii) granting an endowment benefit;
850          (iv) granting an additional benefit in the event of death by accident;
851          (v) granting an additional benefit to safeguard the policy against lapse; and
852          (vi) providing an optional method of settlement of proceeds.
853          [(107)] (111) "Limited license" means a license that:
854          (a) is issued for a specific product of insurance; and
855          (b) limits an individual or agency to transact only for that product or insurance.
856          [(108)] (112) "Limited line credit insurance" includes the following forms of
857     insurance:
858          (a) credit life;
859          (b) credit accident and health;
860          (c) credit property;
861          (d) credit unemployment;
862          (e) involuntary unemployment;
863          (f) mortgage life;
864          (g) mortgage guaranty;

865          (h) mortgage accident and health;
866          (i) guaranteed automobile protection; and
867          (j) another form of insurance offered in connection with an extension of credit that:
868          (i) is limited to partially or wholly extinguishing the credit obligation; and
869          (ii) the commissioner determines by rule should be designated as a form of limited line
870     credit insurance.
871          [(109)] (113) "Limited line credit insurance producer" means a person who sells,
872     solicits, or negotiates one or more forms of limited line credit insurance coverage to an
873     individual through a master, corporate, group, or individual policy.
874          [(110)] (114) "Limited line insurance" includes:
875          (a) bail bond;
876          (b) limited line credit insurance;
877          (c) legal expense insurance;
878          (d) motor club insurance;
879          (e) car rental related insurance;
880          (f) travel insurance;
881          (g) crop insurance;
882          (h) self-service storage insurance;
883          (i) guaranteed asset protection waiver;
884          (j) portable electronics insurance; and
885          (k) another form of limited insurance that the commissioner determines by rule should
886     be designated a form of limited line insurance.
887          [(111)] (115) "Limited lines authority" includes the lines of insurance listed in
888     Subsection [(110)] (114).
889          [(112)] (116) "Limited lines producer" means a person who sells, solicits, or negotiates
890     limited lines insurance.
891          [(113)] (117) (a) "Long-term care insurance" means an insurance policy or rider
892     advertised, marketed, offered, or designated to provide coverage:
893          (i) in a setting other than an acute care unit of a hospital;
894          (ii) for not less than 12 consecutive months for a covered person on the basis of:
895          (A) expenses incurred;

896          (B) indemnity;
897          (C) prepayment; or
898          (D) another method;
899          (iii) for one or more necessary or medically necessary services that are:
900          (A) diagnostic;
901          (B) preventative;
902          (C) therapeutic;
903          (D) rehabilitative;
904          (E) maintenance; or
905          (F) personal care; and
906          (iv) that may be issued by:
907          (A) an insurer;
908          (B) a fraternal benefit society;
909          (C) (I) a nonprofit health hospital; and
910          (II) a medical service corporation;
911          (D) a prepaid health plan;
912          (E) a health maintenance organization; or
913          (F) an entity similar to the entities described in Subsections [(113)] (117)(a)(iv)(A)
914     through (E) to the extent that the entity is otherwise authorized to issue life or health care
915     insurance.
916          (b) "Long-term care insurance" includes:
917          (i) any of the following that provide directly or supplement long-term care insurance:
918          (A) a group or individual annuity or rider; or
919          (B) a life insurance policy or rider;
920          (ii) a policy or rider that provides for payment of benefits on the basis of:
921          (A) cognitive impairment; or
922          (B) functional capacity; or
923          (iii) a qualified long-term care insurance contract.
924          (c) "Long-term care insurance" does not include:
925          (i) a policy that is offered primarily to provide basic Medicare supplement coverage;
926          (ii) basic hospital expense coverage;

927          (iii) basic medical/surgical expense coverage;
928          (iv) hospital confinement indemnity coverage;
929          (v) major medical expense coverage;
930          (vi) income replacement or related asset-protection coverage;
931          (vii) accident only coverage;
932          (viii) coverage for a specified:
933          (A) disease; or
934          (B) accident;
935          (ix) limited benefit health coverage; or
936          (x) a life insurance policy that accelerates the death benefit to provide the option of a
937     lump sum payment:
938          (A) if the following are not conditioned on the receipt of long-term care:
939          (I) benefits; or
940          (II) eligibility; and
941          (B) the coverage is for one or more the following qualifying events:
942          (I) terminal illness;
943          (II) medical conditions requiring extraordinary medical intervention; or
944          (III) permanent institutional confinement.
945          [(114)] (118) "Managed care organization" means a person:
946          (a) licensed as a health maintenance organization under Chapter 8, Health Maintenance
947     Organizations and Limited Health Plans; or
948          (b) (i) licensed under:
949          (A) Chapter 5, Domestic Stock and Mutual Insurance Corporations;
950          (B) Chapter 7, Nonprofit Health Service Insurance Corporations; or
951          (C) Chapter 14, Foreign Insurers; and
952          (ii) that requires an enrollee to use, or offers incentives, including financial incentives,
953     for an enrollee to use, network providers.
954          [(115)] (119) "Medical malpractice insurance" means insurance against legal liability
955     incident to the practice and provision of a medical service other than the practice and provision
956     of a dental service.
957          [(116)] (120) "Member" means a person having membership rights in an insurance

958     corporation.
959          [(117)] (121) "Minimum capital" or "minimum required capital" means the capital that
960     must be constantly maintained by a stock insurance corporation as required by statute.
961          [(118)] (122) "Mortgage accident and health insurance" means insurance offered in
962     connection with an extension of credit that provides indemnity for payments coming due on a
963     mortgage while the debtor has a disability.
964          [(119)] (123) "Mortgage guaranty insurance" means surety insurance under which a
965     mortgagee or other creditor is indemnified against losses caused by the default of a debtor.
966          [(120)] (124) "Mortgage life insurance" means insurance on the life of a debtor in
967     connection with an extension of credit that pays if the debtor dies.
968          [(121)] (125) "Motor club" means a person:
969          (a) licensed under:
970          (i) Chapter 5, Domestic Stock and Mutual Insurance Corporations;
971          (ii) Chapter 11, Motor Clubs; or
972          (iii) Chapter 14, Foreign Insurers; and
973          (b) that promises for an advance consideration to provide for a stated period of time
974     one or more:
975          (i) legal services under Subsection 31A-11-102(1)(b);
976          (ii) bail services under Subsection 31A-11-102(1)(c); or
977          (iii) (A) trip reimbursement;
978          (B) towing services;
979          (C) emergency road services;
980          (D) stolen automobile services;
981          (E) a combination of the services listed in Subsections [(121)] (125)(b)(iii)(A) through
982     (D); or
983          (F) other services given in Subsections 31A-11-102(1)(b) through (f).
984          [(122)] (126) "Mutual" means a mutual insurance corporation.
985          [(123)] (127) "Network plan" means health care insurance:
986          (a) that is issued by an insurer; and
987          (b) under which the financing and delivery of medical care is provided, in whole or in
988     part, through a defined set of providers under contract with the insurer, including the financing

989     and delivery of an item paid for as medical care.
990          [(124)] (128) "Network provider" means a health care provider who has an agreement
991     with a managed care organization to provide health care services to an enrollee with an
992     expectation of receiving payment, other than coinsurance, copayments, or deductibles, directly
993     from the managed care organization.
994          [(125)] (129) "Nonparticipating" means a plan of insurance under which the insured is
995     not entitled to receive a dividend representing a share of the surplus of the insurer.
996          [(126)] (130) "Ocean marine insurance" means insurance against loss of or damage to:
997          (a) ships or hulls of ships;
998          (b) goods, freight, cargoes, merchandise, effects, disbursements, profits, money,
999     securities, choses in action, evidences of debt, valuable papers, bottomry, respondentia
1000     interests, or other cargoes in or awaiting transit over the oceans or inland waterways;
1001          (c) earnings such as freight, passage money, commissions, or profits derived from
1002     transporting goods or people upon or across the oceans or inland waterways; or
1003          (d) a vessel owner or operator as a result of liability to employees, passengers, bailors,
1004     owners of other vessels, owners of fixed objects, customs or other authorities, or other persons
1005     in connection with maritime activity.
1006          [(127)] (131) "Order" means an order of the commissioner.
1007          (132) "ORSA guidance manual" means the current version of the Own Risk and
1008     Solvency Assessment Guidance Manual developed and adopted by the National Association of
1009     Insurance Commissioners and as amended from time to time.
1010          (133) "ORSA summary report" means a confidential high-level summary of an insurer
1011     or insurance group's own risk and solvency assessment.
1012          [(128)] (134) "Outline of coverage" means a summary that explains an accident and
1013     health insurance policy.
1014          (135) "Own risk and solvency assessment" means an insurer or insurance group's
1015     confidential internal assessment:
1016          (a) (i) of each material and relevant risk associated with the insurer or insurance group;
1017          (ii) of the insurer or insurance group's current business plan to support each risk
1018     described in Subsection (135)(a)(i); and
1019          (iii) of the sufficiency of capital resources to support each risk described in Subsection

1020     (135)(a)(i); and
1021          (b) that is appropriate to the nature, scale, and complexity of an insurer or insurance
1022     group.
1023          [(129)] (136) "Participating" means a plan of insurance under which the insured is
1024     entitled to receive a dividend representing a share of the surplus of the insurer.
1025          [(130)] (137) "Participation," as used in a health benefit plan, means a requirement
1026     relating to the minimum percentage of eligible employees that must be enrolled in relation to
1027     the total number of eligible employees of an employer reduced by each eligible employee who
1028     voluntarily declines coverage under the plan because the employee:
1029          (a) has other group health care insurance coverage; or
1030          (b) receives:
1031          (i) Medicare, under the Health Insurance for the Aged Act, Title XVIII of the Social
1032     Security Amendments of 1965; or
1033          (ii) another government health benefit.
1034          [(131)] (138) "Person" includes:
1035          (a) an individual;
1036          (b) a partnership;
1037          (c) a corporation;
1038          (d) an incorporated or unincorporated association;
1039          (e) a joint stock company;
1040          (f) a trust;
1041          (g) a limited liability company;
1042          (h) a reciprocal;
1043          (i) a syndicate; or
1044          (j) another similar entity or combination of entities acting in concert.
1045          [(132)] (139) "Personal lines insurance" means property and casualty insurance
1046     coverage sold for primarily noncommercial purposes to:
1047          (a) an individual; or
1048          (b) a family.
1049          [(133)] (140) "Plan sponsor" means the same as that term is defined in 29 U.S.C. Sec.
1050     1002(16)(B).

1051          [(134)] (141) "Plan year" means:
1052          (a) the year that is designated as the plan year in:
1053          (i) the plan document of a group health plan; or
1054          (ii) a summary plan description of a group health plan;
1055          (b) if the plan document or summary plan description does not designate a plan year or
1056     there is no plan document or summary plan description:
1057          (i) the year used to determine deductibles or limits;
1058          (ii) the policy year, if the plan does not impose deductibles or limits on a yearly basis;
1059     or
1060          (iii) the employer's taxable year if:
1061          (A) the plan does not impose deductibles or limits on a yearly basis; and
1062          (B) (I) the plan is not insured; or
1063          (II) the insurance policy is not renewed on an annual basis; or
1064          (c) in a case not described in Subsection [(134)] (141)(a) or (b), the calendar year.
1065          [(135)] (142) (a) "Policy" means a document, including an attached endorsement or
1066     application that:
1067          (i) purports to be an enforceable contract; and
1068          (ii) memorializes in writing some or all of the terms of an insurance contract.
1069          (b) "Policy" includes a service contract issued by:
1070          (i) a motor club under Chapter 11, Motor Clubs;
1071          (ii) a service contract provided under Chapter 6a, Service Contracts; and
1072          (iii) a corporation licensed under:
1073          (A) Chapter 7, Nonprofit Health Service Insurance Corporations; or
1074          (B) Chapter 8, Health Maintenance Organizations and Limited Health Plans.
1075          (c) "Policy" does not include:
1076          (i) a certificate under a group insurance contract; or
1077          (ii) a document that does not purport to have legal effect.
1078          [(136)] (143) "Policyholder" means a person who controls a policy, binder, or oral
1079     contract by ownership, premium payment, or otherwise.
1080          [(137)] (144) "Policy illustration" means a presentation or depiction that includes
1081     nonguaranteed elements of a policy of life insurance over a period of years.

1082          [(138)] (145) "Policy summary" means a synopsis describing the elements of a life
1083     insurance policy.
1084          [(139)] (146) "PPACA" means the Patient Protection and Affordable Care Act, Pub. L.
1085     No. 111-148 and the Health Care Education Reconciliation Act of 2010, Pub. L. No. 111-152,
1086     and related federal regulations and guidance.
1087          [(140)] (147) "Preexisting condition," with respect to health care insurance:
1088          (a) means a condition that was present before the effective date of coverage, whether or
1089     not medical advice, diagnosis, care, or treatment was recommended or received before that day;
1090     and
1091          (b) does not include a condition indicated by genetic information unless an actual
1092     diagnosis of the condition by a physician has been made.
1093          [(141)] (148) (a) "Premium" means the monetary consideration for an insurance policy.
1094          (b) "Premium" includes, however designated:
1095          (i) an assessment;
1096          (ii) a membership fee;
1097          (iii) a required contribution; or
1098          (iv) monetary consideration.
1099          (c) (i) "Premium" does not include consideration paid to a third party administrator for
1100     the third party administrator's services.
1101          (ii) "Premium" includes an amount paid by a third party administrator to an insurer for
1102     insurance on the risks administered by the third party administrator.
1103          [(142)] (149) "Principal officers" for a corporation means the officers designated under
1104     Subsection 31A-5-203(3).
1105          [(143)] (150) "Proceeding" includes an action or special statutory proceeding.
1106          [(144)] (151) "Professional liability insurance" means insurance against legal liability
1107     incident to the practice of a profession and provision of a professional service.
1108          [(145)] (152) (a) Except as provided in Subsection [(145)] (152)(b), "property
1109     insurance" means insurance against loss or damage to real or personal property of every kind
1110     and any interest in that property:
1111          (i) from all hazards or causes; and
1112          (ii) against loss consequential upon the loss or damage including vehicle

1113     comprehensive and vehicle physical damage coverages.
1114          (b) "Property insurance" does not include:
1115          (i) inland marine insurance; and
1116          (ii) ocean marine insurance.
1117          [(146)] (153) "Qualified long-term care insurance contract" or "federally tax qualified
1118     long-term care insurance contract" means:
1119          (a) an individual or group insurance contract that meets the requirements of Section
1120     7702B(b), Internal Revenue Code; or
1121          (b) the portion of a life insurance contract that provides long-term care insurance:
1122          (i) (A) by rider; or
1123          (B) as a part of the contract; and
1124          (ii) that satisfies the requirements of Sections 7702B(b) and (e), Internal Revenue
1125     Code.
1126          [(147)] (154) "Qualified United States financial institution" means an institution that:
1127          (a) is:
1128          (i) organized under the laws of the United States or any state; or
1129          (ii) in the case of a United States office of a foreign banking organization, licensed
1130     under the laws of the United States or any state;
1131          (b) is regulated, supervised, and examined by a United States federal or state authority
1132     having regulatory authority over a bank or trust company; and
1133          (c) meets the standards of financial condition and standing that are considered
1134     necessary and appropriate to regulate the quality of a financial institution whose letters of credit
1135     will be acceptable to the commissioner as determined by:
1136          (i) the commissioner by rule; or
1137          (ii) the Securities Valuation Office of the National Association of Insurance
1138     Commissioners.
1139          [(148)] (155) (a) "Rate" means:
1140          (i) the cost of a given unit of insurance; or
1141          (ii) for property or casualty insurance, that cost of insurance per exposure unit either
1142     expressed as:
1143          (A) a single number; or

1144          (B) a pure premium rate, adjusted before the application of individual risk variations
1145     based on loss or expense considerations to account for the treatment of:
1146          (I) expenses;
1147          (II) profit; and
1148          (III) individual insurer variation in loss experience.
1149          (b) "Rate" does not include a minimum premium.
1150          [(149)] (156) (a) Except as provided in Subsection [(149)] (156)(b), "rate service
1151     organization" means a person who assists an insurer in rate making or filing by:
1152          (i) collecting, compiling, and furnishing loss or expense statistics;
1153          (ii) recommending, making, or filing rates or supplementary rate information; or
1154          (iii) advising about rate questions, except as an attorney giving legal advice.
1155          (b) "Rate service organization" does not mean:
1156          (i) an employee of an insurer;
1157          (ii) a single insurer or group of insurers under common control;
1158          (iii) a joint underwriting group; or
1159          (iv) an individual serving as an actuarial or legal consultant.
1160          [(150)] (157) "Rating manual" means any of the following used to determine initial and
1161     renewal policy premiums:
1162          (a) a manual of rates;
1163          (b) a classification;
1164          (c) a rate-related underwriting rule; and
1165          (d) a rating formula that describes steps, policies, and procedures for determining
1166     initial and renewal policy premiums.
1167          [(151)] (158) (a) "Rebate" means a licensee paying, allowing, giving, or offering to
1168     pay, allow, or give, directly or indirectly:
1169          (i) a refund of premium or portion of premium;
1170          (ii) a refund of commission or portion of commission;
1171          (iii) a refund of all or a portion of a consultant fee; or
1172          (iv) providing services or other benefits not specified in an insurance or annuity
1173     contract.
1174          (b) "Rebate" does not include:

1175          (i) a refund due to termination or changes in coverage;
1176          (ii) a refund due to overcharges made in error by the licensee; or
1177          (iii) savings or wellness benefits as provided in the contract by the licensee.
1178          [(152)] (159) "Received by the department" means:
1179          (a) the date delivered to and stamped received by the department, if delivered in
1180     person;
1181          (b) the post mark date, if delivered by mail;
1182          (c) the delivery service's post mark or pickup date, if delivered by a delivery service;
1183          (d) the received date recorded on an item delivered, if delivered by:
1184          (i) facsimile;
1185          (ii) email; or
1186          (iii) another electronic method; or
1187          (e) a date specified in:
1188          (i) a statute;
1189          (ii) a rule; or
1190          (iii) an order.
1191          [(153)] (160) "Reciprocal" or "interinsurance exchange" means an unincorporated
1192     association of persons:
1193          (a) operating through an attorney-in-fact common to all of the persons; and
1194          (b) exchanging insurance contracts with one another that provide insurance coverage
1195     on each other.
1196          [(154)] (161) "Reinsurance" means an insurance transaction where an insurer, for
1197     consideration, transfers any portion of the risk it has assumed to another insurer. In referring to
1198     reinsurance transactions, this title sometimes refers to:
1199          (a) the insurer transferring the risk as the "ceding insurer"; and
1200          (b) the insurer assuming the risk as the:
1201          (i) "assuming insurer"; or
1202          (ii) "assuming reinsurer."
1203          [(155)] (162) "Reinsurer" means a person licensed in this state as an insurer with the
1204     authority to assume reinsurance.
1205          [(156)] (163) "Residential dwelling liability insurance" means insurance against

1206     liability resulting from or incident to the ownership, maintenance, or use of a residential
1207     dwelling that is a detached single family residence or multifamily residence up to four units.
1208          [(157)] (164) (a) "Retrocession" means reinsurance with another insurer of a liability
1209     assumed under a reinsurance contract.
1210          (b) A reinsurer "retrocedes" when the reinsurer reinsures with another insurer part of a
1211     liability assumed under a reinsurance contract.
1212          [(158)] (165) "Rider" means an endorsement to:
1213          (a) an insurance policy; or
1214          (b) an insurance certificate.
1215          [(159)] (166) "Secondary medical condition" means a complication related to an
1216     exclusion from coverage in accident and health insurance.
1217          [(160)] (167) (a) "Security" means a:
1218          (i) note;
1219          (ii) stock;
1220          (iii) bond;
1221          (iv) debenture;
1222          (v) evidence of indebtedness;
1223          (vi) certificate of interest or participation in a profit-sharing agreement;
1224          (vii) collateral-trust certificate;
1225          (viii) preorganization certificate or subscription;
1226          (ix) transferable share;
1227          (x) investment contract;
1228          (xi) voting trust certificate;
1229          (xii) certificate of deposit for a security;
1230          (xiii) certificate of interest of participation in an oil, gas, or mining title or lease or in
1231     payments out of production under such a title or lease;
1232          (xiv) commodity contract or commodity option;
1233          (xv) certificate of interest or participation in, temporary or interim certificate for,
1234     receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed
1235     in Subsections [(160)] (167)(a)(i) through (xiv); or
1236          (xvi) another interest or instrument commonly known as a security.

1237          (b) "Security" does not include:
1238          (i) any of the following under which an insurance company promises to pay money in a
1239     specific lump sum or periodically for life or some other specified period:
1240          (A) insurance;
1241          (B) an endowment policy; or
1242          (C) an annuity contract; or
1243          (ii) a burial certificate or burial contract.
1244          [(161)] (168) "Securityholder" means a specified person who owns a security of a
1245     person, including:
1246          (a) common stock;
1247          (b) preferred stock;
1248          (c) debt obligations; and
1249          (d) any other security convertible into or evidencing the right of any of the items listed
1250     in this Subsection [(161)] (168).
1251          [(162)] (169) (a) "Self-insurance" means an arrangement under which a person
1252     provides for spreading its own risks by a systematic plan.
1253          (b) Except as provided in this Subsection [(162)] (169), "self-insurance" does not
1254     include an arrangement under which a number of persons spread their risks among themselves.
1255          (c) "Self-insurance" includes:
1256          (i) an arrangement by which a governmental entity undertakes to indemnify an
1257     employee for liability arising out of the employee's employment; and
1258          (ii) an arrangement by which a person with a managed program of self-insurance and
1259     risk management undertakes to indemnify its affiliates, subsidiaries, directors, officers, or
1260     employees for liability or risk that is related to the relationship or employment.
1261          (d) "Self-insurance" does not include an arrangement with an independent contractor.
1262          [(163)] (170) "Sell" means to exchange a contract of insurance:
1263          (a) by any means;
1264          (b) for money or its equivalent; and
1265          (c) on behalf of an insurance company.
1266          [(164)] (171) "Short-term care insurance" means an insurance policy or rider
1267     advertised, marketed, offered, or designed to provide coverage that is similar to long-term care

1268     insurance, but that provides coverage for less than 12 consecutive months for each covered
1269     person.
1270          (172) "Short-term limited duration health insurance" means a health benefit product
1271     that:
1272          (a) after taking into account any renewals or extensions, has a total duration of no more
1273     than 36 months; and
1274          (b) has an expiration date specified in the contract that is less than 12 months after the
1275     original effective date of coverage under the health benefit product.
1276          [(165)] (173) "Significant break in coverage" means a period of 63 consecutive days
1277     during each of which an individual does not have creditable coverage.
1278          [(166)] (174) (a) "Small employer" means, in connection with a health benefit plan and
1279     with respect to a calendar year and to a plan year, an employer who:
1280          (i) (A) employed at least one but not more than 50 eligible employees on business days
1281     during the preceding calendar year; or
1282          (B) if the employer did not exist for the entirety of the preceding calendar year,
1283     reasonably expects to employ an average of at least one but not more than 50 eligible
1284     employees on business days during the current calendar year;
1285          (ii) employs at least one employee on the first day of the plan year; and
1286          (iii) for an employer who has common ownership with one or more other employers, is
1287     treated as a single employer under 26 U.S.C. Sec. 414(b), (c), (m), or (o).
1288          (b) "Small employer" does not include a sole proprietor that does not employ at least
1289     one employee.
1290          [(167)] (175) "Special enrollment period," in connection with a health benefit plan, has
1291     the same meaning as provided in federal regulations adopted pursuant to the Health Insurance
1292     Portability and Accountability Act.
1293          [(168)] (176) (a) "Subsidiary" of a person means an affiliate controlled by that person
1294     either directly or indirectly through one or more affiliates or intermediaries.
1295          (b) "Wholly owned subsidiary" of a person is a subsidiary of which all of the voting
1296     shares are owned by that person either alone or with its affiliates, except for the minimum
1297     number of shares the law of the subsidiary's domicile requires to be owned by directors or
1298     others.

1299          [(169)] (177) Subject to Subsection [(90)] (91)(b), "surety insurance" includes:
1300          (a) a guarantee against loss or damage resulting from the failure of a principal to pay or
1301     perform the principal's obligations to a creditor or other obligee;
1302          (b) bail bond insurance; and
1303          (c) fidelity insurance.
1304          [(170)] (178) (a) "Surplus" means the excess of assets over the sum of paid-in capital
1305     and liabilities.
1306          (b) (i) "Permanent surplus" means the surplus of an insurer or organization that is
1307     designated by the insurer or organization as permanent.
1308          (ii) Sections 31A-5-211, 31A-7-201, 31A-8-209, 31A-9-209, and 31A-14-205 require
1309     that insurers or organizations doing business in this state maintain specified minimum levels of
1310     permanent surplus.
1311          (iii) Except for assessable mutuals, the minimum permanent surplus requirement is the
1312     same as the minimum required capital requirement that applies to stock insurers.
1313          (c) "Excess surplus" means:
1314          (i) for a life insurer, accident and health insurer, health organization, or property and
1315     casualty insurer as defined in Section 31A-17-601, the lesser of:
1316          (A) that amount of an insurer's or health organization's total adjusted capital that
1317     exceeds the product of:
1318          (I) 2.5; and
1319          (II) the sum of the insurer's or health organization's minimum capital or permanent
1320     surplus required under Section 31A-5-211, 31A-9-209, or 31A-14-205; or
1321          (B) that amount of an insurer's or health organization's total adjusted capital that
1322     exceeds the product of:
1323          (I) 3.0; and
1324          (II) the authorized control level RBC as defined in Subsection 31A-17-601(8)(a); and
1325          (ii) for a monoline mortgage guaranty insurer, financial guaranty insurer, or title insurer
1326     that amount of an insurer's paid-in-capital and surplus that exceeds the product of:
1327          (A) 1.5; and
1328          (B) the insurer's total adjusted capital required by Subsection 31A-17-609(1).
1329          [(171)] (179) "Third party administrator" or "administrator" means a person who

1330     collects charges or premiums from, or who, for consideration, adjusts or settles claims of
1331     residents of the state in connection with insurance coverage, annuities, or service insurance
1332     coverage, except:
1333          (a) a union on behalf of its members;
1334          (b) a person administering a:
1335          (i) pension plan subject to the federal Employee Retirement Income Security Act of
1336     1974;
1337          (ii) governmental plan as defined in Section 414(d), Internal Revenue Code; or
1338          (iii) nonelecting church plan as described in Section 410(d), Internal Revenue Code;
1339          (c) an employer on behalf of the employer's employees or the employees of one or
1340     more of the subsidiary or affiliated corporations of the employer;
1341          (d) an insurer licensed under the following, but only for a line of insurance for which
1342     the insurer holds a license in this state:
1343          (i) Chapter 5, Domestic Stock and Mutual Insurance Corporations;
1344          (ii) Chapter 7, Nonprofit Health Service Insurance Corporations;
1345          (iii) Chapter 8, Health Maintenance Organizations and Limited Health Plans;
1346          (iv) Chapter 9, Insurance Fraternals; or
1347          (v) Chapter 14, Foreign Insurers;
1348          (e) a person:
1349          (i) licensed or exempt from licensing under:
1350          (A) Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and
1351     Reinsurance Intermediaries; or
1352          (B) Chapter 26, Insurance Adjusters; and
1353          (ii) whose activities are limited to those authorized under the license the person holds
1354     or for which the person is exempt; or
1355          (f) an institution, bank, or financial institution:
1356          (i) that is:
1357          (A) an institution whose deposits and accounts are to any extent insured by a federal
1358     deposit insurance agency, including the Federal Deposit Insurance Corporation or National
1359     Credit Union Administration; or
1360          (B) a bank or other financial institution that is subject to supervision or examination by

1361     a federal or state banking authority; and
1362          (ii) that does not adjust claims without a third party administrator license.
1363          [(172)] (180) "Title insurance" means the insuring, guaranteeing, or indemnifying of an
1364     owner of real or personal property or the holder of liens or encumbrances on that property, or
1365     others interested in the property against loss or damage suffered by reason of liens or
1366     encumbrances upon, defects in, or the unmarketability of the title to the property, or invalidity
1367     or unenforceability of any liens or encumbrances on the property.
1368          [(173)] (181) "Total adjusted capital" means the sum of an insurer's or health
1369     organization's statutory capital and surplus as determined in accordance with:
1370          (a) the statutory accounting applicable to the annual financial statements required to be
1371     filed under Section 31A-4-113; and
1372          (b) another item provided by the RBC instructions, as RBC instructions is defined in
1373     Section 31A-17-601.
1374          [(174)] (182) (a) "Trustee" means "director" when referring to the board of directors of
1375     a corporation.
1376          (b) "Trustee," when used in reference to an employee welfare fund, means an
1377     individual, firm, association, organization, joint stock company, or corporation, whether acting
1378     individually or jointly and whether designated by that name or any other, that is charged with
1379     or has the overall management of an employee welfare fund.
1380          [(175)] (183) (a) "Unauthorized insurer," "unadmitted insurer," or "nonadmitted
1381     insurer" means an insurer:
1382          (i) not holding a valid certificate of authority to do an insurance business in this state;
1383     or
1384          (ii) transacting business not authorized by a valid certificate.
1385          (b) "Admitted insurer" or "authorized insurer" means an insurer:
1386          (i) holding a valid certificate of authority to do an insurance business in this state; and
1387          (ii) transacting business as authorized by a valid certificate.
1388          [(176)] (184) "Underwrite" means the authority to accept or reject risk on behalf of the
1389     insurer.
1390          [(177)] (185) "Vehicle liability insurance" means insurance against liability resulting
1391     from or incident to ownership, maintenance, or use of a land vehicle or aircraft, exclusive of a

1392     vehicle comprehensive or vehicle physical damage coverage under Subsection [(145)] (152).
1393          [(178)] (186) "Voting security" means a security with voting rights, and includes a
1394     security convertible into a security with a voting right associated with the security.
1395          [(179)] (187) "Waiting period" for a health benefit plan means the period that must
1396     pass before coverage for an individual, who is otherwise eligible to enroll under the terms of
1397     the health benefit plan, can become effective.
1398          [(180)] (188) "Workers' compensation insurance" means:
1399          (a) insurance for indemnification of an employer against liability for compensation
1400     based on:
1401          (i) a compensable accidental injury; and
1402          (ii) occupational disease disability;
1403          (b) employer's liability insurance incidental to workers' compensation insurance and
1404     written in connection with workers' compensation insurance; and
1405          (c) insurance assuring to a person entitled to workers' compensation benefits the
1406     compensation provided by law.
1407          Section 2. Section 31A-2-403 is amended to read:
1408          31A-2-403. Title and Escrow Commission created.
1409          (1) (a) Subject to Subsection (1)(b), there is created within the department the Title and
1410     Escrow Commission that is comprised of five members appointed by the governor with the
1411     consent of the Senate as follows:
1412          (i) except as provided in Subsection (1)(c), two members shall be employees of a title
1413     insurer;
1414          (ii) two members shall:
1415          (A) be employees of a Utah agency title insurance producer;
1416          (B) be or have been licensed under the title insurance line of authority;
1417          (C) as of the day on which the member is appointed, be or have been licensed with the
1418     title examination or escrow subline of authority for at least five years; and
1419          (D) as of the day on which the member is appointed, not be from the same county as
1420     another member appointed under this Subsection (1)(a)(ii); and
1421          (iii) one member shall be a member of the general public from any county in the state.
1422          (b) No more than one commission member may be appointed from a single company

1423     or an affiliate or subsidiary of the company.
1424          (c) If the governor is unable to identify more than one individual who is an employee
1425     of a title insurer and willing to serve as a member of the commission, the commission shall
1426     include the following members in lieu of the members described in Subsection (1)(a)(i):
1427          (i) one member who is an employee of a title insurer; and
1428          (ii) one member who is an employee of a Utah agency title insurance producer.
1429          (2) (a) Subject to Subsection (2)(c), a commission member shall file with the
1430     commissioner a disclosure of any position of employment or ownership interest that the
1431     commission member has with respect to a person that is subject to the jurisdiction of the
1432     commissioner.
1433          (b) The disclosure statement required by this Subsection (2) shall be:
1434          (i) filed by no later than the day on which the person begins that person's appointment;
1435     and
1436          (ii) amended when a significant change occurs in any matter required to be disclosed
1437     under this Subsection (2).
1438          (c) A commission member is not required to disclose an ownership interest that the
1439     commission member has if the ownership interest is in a publicly traded company or held as
1440     part of a mutual fund, trust, or similar investment.
1441          (3) (a) Except as required by Subsection (3)(b), as terms of current commission
1442     members expire, the governor shall appoint each new commission member to a four-year term
1443     ending on June 30.
1444          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
1445     time of appointment, adjust the length of terms to ensure that the terms of the commission
1446     members are staggered so that approximately half of the members appointed under Subsection
1447     (1)(a)(i) and half of the members appointed under Subsection (1)(a)(ii) are appointed every two
1448     years.
1449          (c) A commission member may not serve more than one consecutive term.
1450          (d) When a vacancy occurs in the membership for any reason, the governor, with the
1451     consent of the Senate, shall appoint a replacement for the unexpired term.
1452          (e) Notwithstanding the other provisions of this Subsection (3), a commission member
1453     serves until a successor is appointed by the governor with the consent of the Senate.

1454          (4) A commission member may not receive compensation or benefits for the
1455     commission member's service, but may receive per diem and travel expenses in accordance
1456     with:
1457          (a) Section 63A-3-106;
1458          (b) Section 63A-3-107; and
1459          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1460     63A-3-107.
1461          (5) Members of the commission shall annually select one commission member to serve
1462     as chair.
1463          (6) (a) (i) The commission shall meet at least [monthly] quarterly.
1464          (ii) Notwithstanding Section 52-4-207, a commission member shall physically attend a
1465     regularly scheduled [monthly] quarterly meeting of the commission and may not attend through
1466     electronic means.
1467          (iii) A commission member may attend subcommittee meetings, emergency meetings,
1468     or other not regularly scheduled meetings electronically in accordance with Section 52-4-207.
1469          (b) The commissioner may call additional meetings:
1470          (i) at the commissioner's discretion;
1471          (ii) upon the request of the chair of the commission; or
1472          (iii) upon the written request of three or more commission members.
1473          (c) (i) Three commission members constitute a quorum for the transaction of business.
1474          (ii) The action of a majority of the commission members when a quorum is present is
1475     the action of the commission.
1476          (7) The commissioner shall staff the commission.
1477          Section 3. Section 31A-16-108.6 is enacted to read:
1478          31A-16-108.6. Supervision of internationally active insurance groups.
1479          (1) (a) Except as otherwise provided in this section, the commissioner shall act as the
1480     group-wide supervisor for each internationally active insurance group.
1481          (b) In lieu of acting as the group-wide supervisor for an internationally active insurance
1482     company, the commissioner may acknowledge a regulatory official from another jurisdiction as
1483     the internationally active insurance group's group-wide supervisor, if:
1484          (i) the internationally active insurance group does not have substantial insurance

1485     operations in the United States;
1486          (ii) the internationally active insurance group does not have substantial insurance
1487     operations in the state; or
1488          (iii) in accordance with the provisions of this section, the commissioner determines
1489     that the regulatory official is an appropriate group-wide supervisor.
1490          (2) In deciding whether to acknowledge another regulatory official as an internationally
1491     active insurance group's group-wide supervisor in lieu of acting as the group-wide supervisor,
1492     the commissioner shall:
1493          (a) consult and cooperate with other state, federal, and international regulatory
1494     agencies; and
1495          (b) consider:
1496          (i) the domicile of the insurer or insurers within the internationally active insurance
1497     group that hold the largest share of the group's written premiums, assets, or liabilities;
1498          (ii) the domicile of the top-tiered insurer or insurers in the insurance holding company
1499     system of the internationally active insurance group;
1500          (iii) the location of the executive office or largest operational office of the
1501     internationally active insurance group;
1502          (iv) whether another regulatory official acts or seeks to act as the group-wide
1503     supervisor under a regulatory system that the commissioner determines to be:
1504          (A) substantially similar to the system of regulation provided under the laws of this
1505     state; or
1506          (B) sufficient in terms of providing for group-wide supervision, enterprise risk
1507     analysis, and cooperation with other regulatory officials; and
1508          (v) whether another regulatory official acting or seeking to act as the group-wide
1509     supervisor provides the commissioner with reasonably reciprocal recognition and cooperation.
1510          (3) (a) Before acting as the group-wide supervisor for an internationally active
1511     insurance group, the commissioner shall notify:
1512          (i) the insurer registered under Section 31A-16-105; and
1513          (ii) the ultimate controlling person within the internationally active insurance group.
1514          (b) Within 30 days after the day on which an internationally active insurance group
1515     receives a notification described in Subsection (3)(a), the internationally active insurance group

1516     may provide the commissioner additional information relevant to whether the commissioner
1517     should act as the internationally active insurance group's group-wide supervisor.
1518          (4) If the commissioner acts as the group-wide supervisor for an internationally active
1519     insurance group, the commissioner may later acknowledge a regulatory official from another
1520     jurisdiction as the group-wide supervisor for the internationally active insurance group if the
1521     commissioner:
1522          (a) considers the factors described in Subsection (2)(b);
1523          (b) cooperates with other regulatory officials involved with the supervision of the
1524     members of the internationally active insurance group; and
1525          (c) consults with the internationally active insurance group.
1526          (5) Notwithstanding any other provision of law, when a regulatory official from
1527     another jurisdiction is acting as the group-wide supervisor for an internationally active
1528     insurance group, the commissioner shall:
1529          (a) acknowledge the regulatory official as the group-wide supervisor; and
1530          (b) in accordance with Subsection (2), reevaluate whether it is appropriate to
1531     acknowledge a regulatory official from another jurisdiction as the group-wide supervisor if a
1532     change in circumstances results in:
1533          (i) the insurer or insurers within the internationally active insurance group that hold the
1534     largest share of the group's written premiums, assets, or liabilities being domiciled in the state;
1535     or
1536          (ii) the top-tiered insurer or insurers in the insurance holding company system of the
1537     internationally active insurance group being domiciled in the state.
1538          (6) In accordance with Section 31A-16-107.5, upon request from the commissioner, an
1539     insurer subject to this chapter shall provide the commissioner any information necessary to
1540     determine the appropriate group-wide supervisor for an internationally active insurance group.
1541          (7) The commissioner shall publish on the department's website the identity of each
1542     internationally active insurance group for which the commissioner acts as the group-wide
1543     supervisor.
1544          (8) If the commissioner is the group-wide supervisor of an internationally active
1545     insurance group, the commissioner may:
1546          (a) assess the enterprise risks within the internationally active insurance group to

1547     ensure that:
1548          (i) management of the internationally active insurance group identifies the material
1549     financial condition and liquidity risks to the members of the internationally active insurance
1550     group that are engaged in the business of insurance; and
1551          (ii) reasonable and effective mitigation measures are in place;
1552          (b) request, from any member of the internationally active insurance group,
1553     information necessary and appropriate to assess enterprise risk, including information about the
1554     members of the internationally active insurance group regarding:
1555          (i) governance, risk assessment, and management;
1556          (ii) capital adequacy; or
1557          (iii) material intercompany transactions;
1558          (c) coordinate and, through the authority of the regulatory officials of the jurisdictions
1559     where members of the internationally active insurance group are domiciled, compel
1560     development and implementation of reasonable measures designed to ensure that the
1561     internationally active insurance group is able to timely recognize and mitigate enterprise risks
1562     to members of the internationally active insurance group that are engaged in the business of
1563     insurance;
1564          (d) communicate with other state, federal, and international regulatory agencies for
1565     members within the internationally active insurance group;
1566          (e) subject to the confidentiality provisions of Section 31A-16-109, share relevant
1567     information:
1568          (i) through a supervisory college in accordance with Section 31A-16-108.5; or
1569          (ii) by entering into an agreement or obtaining documentation:
1570          (A) with or from an insurer registered under Section 31A-16-105, a member of the
1571     internationally active insurance group, or a state, federal or international regulatory agency for
1572     members of the internationally active insurance group; and
1573          (B) that provides the basis for or otherwise clarifies the commissioner's role as
1574     group-wide supervisor, including a provision for resolving disputes with another regulatory
1575     official; and
1576          (f) engage in any other group-wide supervision activity, consistent with an authority
1577     and purpose enumerated in this section, as the commissioner determines necessary.

1578          (9) An agreement or documentation described in Subsection (8)(e) may not serve as
1579     evidence in any proceeding that an insurer or person within an insurance holding company
1580     system not domiciled or incorporated in the state:
1581          (a) is doing business in the state; or
1582          (b) is subject to jurisdiction in the state.
1583          (10) (a) If the commissioner acknowledges as a group-wide supervisor another
1584     regulatory official from a jurisdiction that the NAIC does not accredit as a group-wide
1585     supervisor, the commissioner may reasonably cooperate, through supervisory colleges or
1586     otherwise, the group-wide supervisor, provided that:
1587          (i) the commissioner's cooperation is in compliance with the laws of this state; and
1588          (ii) the group-wide supervisor also recognizes and cooperates with the commissioner's
1589     activities as the group-wide supervisor for other internationally active insurance groups where
1590     applicable.
1591          (b) Where the recognition and cooperation described in Subsection (10)(a)(ii) is not
1592     reasonably reciprocal, the commissioner may refuse recognition and cooperation.
1593          (11) The commissioner may in accordance with Title 63G, Chapter 3, Utah
1594     Administrative Rulemaking Act, make rules necessary for the administration of this section.
1595          (12) An insurer subject to this section is liable for and shall pay the reasonable
1596     expenses of the commissioner's participation in the administration of this section, including:
1597          (a) the engagement of an attorney, actuary, or other professional; and
1598          (b) all reasonable travel expenses.
1599          Section 4. Section 31A-16-109 is amended to read:
1600          31A-16-109. Confidentiality of information obtained by commissioner.
1601          (1) (a) [Information, documents, and copies of these that are] Documents, materials, or
1602     information obtained by or disclosed to the commissioner or any other person in the course of
1603     an examination or investigation made under Section 31A-16-107.5, and all information
1604     reported or provided to the department under Section 31A-16-105 or 31A-16-108.6, is
1605     confidential. [It is]
1606          (b) Any confidential document, material, or information described in Subsection (1)(a)
1607     is not subject to subpoena and may not be made public by the commissioner or any other
1608     person without the permission of the insurer, except [it] the confidential document, material, or

1609     information may be provided to the insurance departments of other states, without the prior
1610     written consent of the insurer to which [it] the confidential document, material, or information
1611     pertains.
1612          (2) The commissioner and any person who [received] receives documents, materials, or
1613     other information while acting under the authority of the commissioner or with whom the
1614     documents, materials, or other information are shared pursuant to this chapter shall keep
1615     confidential any confidential documents, materials, or information subject to Subsection (1).
1616          (3) (a) To assist in the performance of the commissioner's duties, the commissioner:
1617          (i) may share documents, materials, or other information, including the confidential
1618     documents, materials, or information subject to Subsection (1), with the following if the
1619     recipient agrees in writing to maintain the confidentiality status of the document, material, or
1620     other information, and has verified in writing the legal authority to maintain confidentiality:
1621          (A) [other] a state, federal, [and] or international regulatory [agencies] agency;
1622          (B) the National Association of Insurance Commissioners [and its affiliates and
1623     subsidiaries; and] or an NAIC affiliate or subsidiary; or
1624          (C) a state, federal, [and] or international law enforcement [authorities] authority,
1625     including [members] a member of a supervisory college described in Section 31A-16-108.5;
1626          (ii) notwithstanding Subsection (1), may only share confidential documents, material,
1627     or information reported pursuant to Section 31A-16-105 or 31A-16-108.6 with [commissioners
1628     of states] a commissioner of a state having statutes or regulations substantially similar to
1629     Subsection (1) and who [have] has agreed in writing not to disclose the documents, material, or
1630     information;
1631          (iii) may receive documents, materials, or information, including otherwise
1632     confidential documents, materials, or information from:
1633          (A) the National Association of Insurance Commissioners [and its affiliates and
1634     subsidiaries and from] or an NAIC affiliate or subsidiary; or
1635          (B) a regulatory [and] or law enforcement [officials] official of [other] a foreign or
1636     domestic [jurisdictions, and] jurisdiction;
1637          (iv) shall maintain as confidential any document, material, or information received
1638     under this section with notice or the understanding that it is confidential under the laws of the
1639     jurisdiction that is the source of the document, material, or information; and

1640          [(iv)] (v) shall enter into written agreements with the National Association of Insurance
1641     Commissioners governing sharing and use of information provided pursuant to this chapter
1642     consistent with this Subsection (3) that shall:
1643          (A) specify procedures and protocols regarding the confidentiality and security of
1644     information shared with the National Association of Insurance Commissioners and [its] NAIC
1645     affiliates and subsidiaries pursuant to this chapter, including procedures and protocols for
1646     sharing by the National Association of Insurance Commissioners with other state, federal, or
1647     international regulators;
1648          (B) specify that ownership of information shared with the National Association of
1649     Insurance Commissioners and [its] NAIC affiliates and subsidiaries pursuant to this chapter
1650     remains with the commissioner and the National Association of Insurance Commissioner's use
1651     of the information is subject to the direction of the commissioner;
1652          (C) require prompt notice to be given to an insurer whose confidential information in
1653     the possession of the National Association of Insurance Commissioners pursuant to this chapter
1654     is subject to a request or subpoena to the National Association of Insurance Commissioners for
1655     disclosure or production; and
1656          (D) require the National Association of Insurance Commissioners and [its] NAIC
1657     affiliates and subsidiaries to consent to intervention by an insurer in any judicial or
1658     administrative action in which the National Association of Insurance Commissioners and [its]
1659     NAIC affiliates and subsidiaries may be required to disclose confidential information about the
1660     insurer shared with the National Association of Insurance Commissioners and [its] NAIC
1661     affiliates and subsidiaries pursuant to this chapter.
1662          (4) The sharing of information by the commissioner pursuant to this chapter does not
1663     constitute a delegation of regulatory authority or rulemaking, and the commissioner is solely
1664     responsible for the administration, execution, and enforcement of this chapter.
1665          (5) A waiver of any applicable claim of confidentiality in the documents, materials, or
1666     information does not occur as a result of disclosure to the commissioner under this section or
1667     as a result of sharing as authorized in Subsection (3).
1668          (6) Documents, materials, or other information in the possession or control of the
1669     National Association of Insurance Commissioners pursuant to this chapter are:
1670          (a) confidential, not public records, and not open to public inspection; and

1671          (b) not subject to Title 63G, Chapter 2, Government Records Access and Management
1672     Act.
1673          Section 5. Section 31A-16b-101 is enacted to read:
1674     
CHAPTER 16b. CORPORATE GOVERNANCE ANNUAL DISCLOSURE ACT

1675          31A-16b-101. Title.
1676          This chapter is known as the "Corporate Governance Annual Disclosure Act."
1677          Section 6. Section 31A-16b-102 is enacted to read:
1678          31A-16b-102. Administration and scope.
1679          (1) The commissioner is solely responsible for the administration and enforcement of
1680     the provisions of this chapter.
1681          (2) This chapter does not:
1682          (a) prescribe or impose corporate governance standards or internal procedures beyond
1683     what is required under applicable state corporate law; or
1684          (b) limit the commissioner's authority, or the rights or obligations of third parties,
1685     under Chapter 2, Administration of the Insurance Laws.
1686          (3) The requirements of this Chapter apply to each insurer domiciled in the state.
1687          Section 7. Section 31A-16b-103 is enacted to read:
1688          31A-16b-103. Disclosure requirement.
1689          (1) An insurer, or the insurance group of which the insurer is a member, shall on or
1690     before June 1 of each year submit to the commissioner a corporate governance annual
1691     disclosure that contains the information required under Section 31A-16b-105.
1692          (2) Notwithstanding a request from the commissioner described in Subsection (4), if an
1693     insurer is a member of an insurance group, the insurer shall submit the report required under
1694     this section to the commissioner of the lead state for the insurance group in accordance with:
1695          (a) the laws of the lead state; and
1696          (b) the procedures outlined in the most recent Financial Analysis Handbook adopted by
1697     the NAIC.
1698          (3) The corporate governance annual disclosure described in Subsection (1) shall
1699     include a signature:
1700          (a) of the insurer's or insurance group's chief executive officer or corporate secretary;
1701     and

1702          (b) attesting to the best of the signatory's belief and knowledge that:
1703          (i) the insurer or insurance group has implemented the corporate governance practices;
1704     and
1705          (ii) a copy of the disclosure has been provided to the insurer's or insurance group's
1706     board of directors or the appropriate committee thereof.
1707          (4) An insurer not required to submit a corporate governance annual disclosure under
1708     this section shall submit a corporate governance annual disclosure to the commissioner upon
1709     the commissioner's request.
1710          (5) (a) For purposes of completing a corporate governance annual disclosure, an insurer
1711     or insurance group may provide information regarding corporate governance at one of the
1712     following levels:
1713          (i) at the ultimate controlling parent level;
1714          (ii) at an intermediate holding company level; or
1715          (iii) at the individual legal entity level.
1716          (b) An insurer or insurance group shall consider making each corporate governance
1717     annual disclosure at the level at which the insurer or insurance group:
1718          (i) determines the insurer or insurance group's risk appetite;
1719          (ii) (A) collectively oversees the earnings, capital, liquidity, operations, and reputation
1720     of the insurer; and
1721          (B) coordinates and exercises the supervision of earnings, capital, liquidity, operations,
1722     and reputation of the insurer; or
1723          (iii) places legal liability for failure of general corporate governance duties.
1724          (6) If an insurer or insurance group chooses a level of reporting described in
1725     Subsection (5), it shall indicate:
1726          (a) which of the three levels the insurer or insurance group chose; and
1727          (b) explain any subsequent change in the level of reporting.
1728          (7) An insurer may choose not to include certain information in a corporate governance
1729     annual disclosure, if:
1730          (a) the information is substantially similar to information included in another document
1731     submitted to the commissioner, including a proxy statement filed in conjunction with Section
1732     31A-16-105 or another state or federal filing provided to the department; and

1733          (b) the insurer cross references the document described in Subsection (7)(a) in the
1734     corporate governance annual disclosure.
1735          Section 8. Section 31A-16b-104 is enacted to read:
1736          31A-16b-104. Rulemaking.
1737          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1738     commissioner may make rules to implement and administer this chapter.
1739          (2) The commissioner may issue orders as is necessary to carry out this chapter.
1740          Section 9. Section 31A-16b-105 is enacted to read:
1741          31A-16b-105. Contents of corporate governance annual disclosure.
1742          (1) A corporate governance annual disclosure shall include information sufficient to
1743     provide the commissioner a clear understanding of the insurer's or insurance group's:
1744          (a) corporate governance policies;
1745          (b) reporting or information systems; and
1746          (c) controls implementing a policy or system described in this Subsection (1).
1747          (2) After receiving a corporate governance annual disclosure, the commissioner may
1748     request additional information from the insurer or insurance group that the commissioner
1749     considers material and necessary to understanding the items described in Subsection (1).
1750          (3) An insurer or insurance group shall maintain and make available upon request of
1751     the commissioner:
1752          (a) documentation; or
1753          (b) supporting information.
1754          Section 10. Section 31A-16b-106 is enacted to read:
1755          31A-16b-106. Confidentiality.
1756          (1) A document, material, or other information is considered proprietary and to contain
1757     a trade secret if the document, material, or other information is:
1758          (a) in the control or possession of the department; and
1759          (b) obtained by, created by, or disclosed in accordance with this chapter.
1760          (2) A document, material, or other information described in Subsection (1) is:
1761          (a) confidential and privileged;
1762          (b) classified as a protected record under Title 63G, Chapter 2, Government Records
1763     Access and Management Act;

1764          (c) not subject to:
1765          (i) subpoena; or
1766          (ii) discovery; and
1767          (d) not admissible as evidence in any private civil action.
1768          (3) (a) The commissioner may use a document, material, or other information
1769     described in Subsection (1) in the furtherance of a regulatory or legal action brought as a part of
1770     the commissioner's duties.
1771          (b) Except as described in Subsection (3)(a), the commissioner may not make a
1772     document, material, or other information described in Subsection (1) public without the prior
1773     written consent of the insurer or insurance group.
1774          (4) Nothing in this section requires written consent of the insurer or insurance group
1775     before the commissioner shares or receives, in accordance with Subsection (6), a document,
1776     material, or other information described in Subsection (1) to assist in the performance of the
1777     commissioner's duties.
1778          (5) The following may not testify in any private civil action regarding a document,
1779     material, or other information described in Subsection (1):
1780          (a) the commissioner; or
1781          (b) a person:
1782          (i) who receives the document, material, or other information, through examination or
1783     otherwise, while acting under the authority of the commissioner; or
1784          (ii) with whom the document, material, or other information is shared in accordance
1785     with this chapter.
1786          (6) To carry out the commissioner's duties, the commissioner may:
1787          (a) upon request, share a document, material, or other information described in
1788     Subsection (1) with:
1789          (i) a state, federal, or international financial regulatory agency, including a member of a
1790     supervisory college as defined in Section 31A-16-108.5; or
1791          (ii) the NAIC or a third-party consultant retained in accordance with Section
1792     31A-16b-107, if the recipient:
1793          (A) agrees in writing to maintain the confidentiality and privileged status of the
1794     document, material, or other information; and

1795          (B) verifies in writing the legal authority to maintain confidentiality; or
1796          (b) receive documents, materials, or other information related to a corporate
1797     governance annual disclosure, including:
1798          (i) otherwise confidential and privileged documents, materials, or other information;
1799     and
1800          (ii) proprietary and trade secret information or documents from:
1801          (A) a regulatory official of a state, federal, or international financial regulatory agency,
1802     including a member of a supervisory college as defined in Section 31A-16-108.5; or
1803          (B) the NAIC.
1804          (7) A written agreement to share a document, material, or other information described
1805     in Subsection (1) with the NAIC or a third-party consultant shall contain the following:
1806          (a) specific procedures and protocols for maintaining the confidentiality and privileged
1807     status of the document, material, or other information in accordance with this chapter;
1808          (b) procedures and protocols ensuring the NAIC shares information only with a state
1809     regulator from a state in which the insurance group has a domiciled insurer;
1810          (c) verification that the recipient has legal authority to maintain the confidentiality and
1811     privileged status of the document, material, or other information;
1812          (d) a provision specifying that:
1813          (i) ownership of the document, material, or other information remains with the
1814     department; and
1815          (ii) the NAIC's or third-party consultant's use of the document, material, or other
1816     information shared with the NAIC or third-party consultant is subject to the direction of the
1817     commissioner;
1818          (e) a provision prohibiting the NAIC or third-party consultant from storing the
1819     document, material, or other information in a permanent database after the underlying analysis
1820     is complete;
1821          (f) a provision requiring the NAIC or third-party consultant to provide prompt notice to
1822     the commissioner and to the insurer or insurance group regarding any subpoena, request for
1823     disclosure, or request for production of the document, material, or other information;
1824          (g) a provision requiring the NAIC or third-party consultant consent to the insurer or
1825     insurance group intervening in any judicial or administrative action in which the NAIC or

1826     third-party consultant may be required to disclose the document, material, or other information;
1827     and
1828          (h) a provision requiring the written consent of the insurer or insurance group before
1829     making public the document, material, or other information.
1830          (8) The commissioner shall maintain as confidential or privileged any documents,
1831     materials, or other information received with notice or with the understanding that it is
1832     confidential or privileged under the laws of the jurisdiction that is the source of the document,
1833     material, or other information.
1834          (9) The sharing of a document, material, or other information by the commissioner in
1835     accordance with this chapter is not a delegation of regulatory authority or rulemaking.
1836          (10) Disclosing or sharing a document, material, or other information in accordance
1837     with this chapter does not waive any privilege or claim of confidentiality related to the
1838     document, material, or other information.
1839          Section 11. Section 31A-16b-107 is enacted to read:
1840          31A-16b-107. Third-party consultants.
1841          (1) The commissioner may retain a third-party consultant, including an attorney,
1842     actuary, accountant, or other expert not otherwise a part of the commissioner's staff:
1843          (a) at the insurer's or insurance group's expense; and
1844          (b) as is reasonably necessary to assist the commissioner in reviewing the insurer's or
1845     insurance group's:
1846          (i) corporate governance annual disclosure and related information; or
1847          (ii) compliance with this chapter.
1848          (2) A person the commissioner retains under Subsection (1):
1849          (a) is under the direction and control of the commissioner; and
1850          (b) shall act in a purely advisory capacity.
1851          (3) A third-party consultant is subject to the same confidentiality standards and
1852     requirements as the commissioner.
1853          (4) As part of the retention process, a third-party consultant shall verify to the
1854     commissioner, with notice to the insurer or insurance group, that the third-party consultant:
1855          (a) is free of a conflict of interest; and
1856          (b) has internal procedures in place to:

1857          (i) monitor compliance with Subsection (4)(a); and
1858          (ii) comply with the confidentiality standards and requirements of this chapter.
1859          Section 12. Section 31A-16b-108 is enacted to read:
1860          31A-16b-108. Penalties.
1861          (1) An insurer or insurance group that, without just cause, fails to timely file a
1862     corporate governance annual disclosure as required in this chapter shall, after notice and
1863     hearing, pay a penalty of $10,000 for each day's delay, up to $300,000.
1864          (2) Any penalty recovered by the commissioner under this section shall be deposited
1865     into the General Fund.
1866          (3) The commissioner may reduce a penalty under this section if the insurer or
1867     insurance group demonstrates to the commissioner that the imposition of the penalty would
1868     constitute a financial hardship to the insurer.
1869          Section 13. Section 31A-17-519 is amended to read:
1870          31A-17-519. Small company exemption.
1871          (1) A company that is licensed and doing business in Utah, and whose reserves are
1872     computed subject to the requirements of Subsection 31A-17-502(2), in lieu of the reserves
1873     required under Sections 31A-17-514 and 31A-17-515, may hold reserves for ordinary life
1874     insurance policies issued directly, or assumed, during the current calendar year, based on the
1875     mortality tables and interest rates defined by the valuation manual for net premium reserves
1876     and using the methodology defined in Sections 31A-17-507 through 31A-17-512 as they apply
1877     to ordinary life insurance [in lieu of the reserves required by Sections 31A-17-514 and
1878     31A-17-515], provided that all of the following conditions have been met:
1879          (a) the company has less than $300,000,000 of ordinary life premium;
1880          (b) if the company is a member of a group of life insurers, the group has combined
1881     ordinary life premiums of less than $600,000,000;
1882          [(c) the company reported total adjusted capital of at least 450% of Authorized Control
1883     Level Risk Based Capital in the risk-based capital report for the prior calendar year;]
1884          [(d)] (c) the appointed actuary has provided an unqualified opinion on the reserves in
1885     accordance with Subsection 31A-17-503(2) for the prior calendar year;
1886          [(e) the company has provided a certification by a qualified actuary that] (d) any
1887     universal life policy with a secondary guarantee issued on or after [the operative date of the

1888     valuation manual] January 1, 2020, and in force on the company's annual financial statement
1889     for the current calendar year-end valuation date, only has secondary guarantees that meets the
1890     definition of a [non-material] non material secondary guarantee [universal life product] as
1891     defined in the valuation manual;
1892          [(f)] (e) the company has filed by July 1 of the calendar year for which valuation under
1893     Subsection 31A-17-502(2) is required a statement with its domiciliary commissioner certifying
1894     that these conditions are met and that the company intends to calculate reserves as described in
1895     this section; and
1896          [(g)] (f) the company's domiciliary commissioner has not informed the company in
1897     writing before September 1 of the calendar year for which valuation under Subsection
1898     31A-17-502(2) is required that the company must comply with the valuation manual
1899     requirements for life insurance reserves.
1900          (2) For purposes of Subsections (1)(a) and (b), ordinary life premiums are measured as
1901     direct premium plus reinsurance assumed from an unaffiliated company, as reported in the
1902     prior calendar year annual statement, excluding premiums for guaranteed issue policies and
1903     pre-need life contracts and excluding amounts that represent the transfer of reserves in-force as
1904     of the effective date of a reinsurance assumed transaction.
1905          Section 14. Section 31A-21-201 is amended to read:
1906          31A-21-201. Filing of forms.
1907          (1) (a) Except as exempted under Subsections 31A-21-101(2) through (6), a form may
1908     not be used, sold, or offered for sale until the form is filed with the commissioner.
1909          (b) A form is considered filed with the commissioner when the commissioner receives:
1910          (i) the form;
1911          (ii) the applicable filing fee as prescribed under Section 31A-3-103; and
1912          (iii) the applicable transmittal forms as required by the commissioner.
1913          (2) In filing a form for use in this state the insurer is responsible for assuring that the
1914     form is in compliance with this title and rules adopted by the commissioner.
1915          (3) (a) The commissioner may prohibit the use of a form at any time upon a finding
1916     that:
1917          (i) the form:
1918          (A) is inequitable;

1919          (B) is unfairly discriminatory;
1920          (C) is misleading;
1921          (D) is deceptive;
1922          (E) is obscure;
1923          (F) is unfair;
1924          (G) encourages misrepresentation; or
1925          (H) is not in the public interest;
1926          (ii) the form provides benefits or contains another provision that endangers the solidity
1927     of the insurer;
1928          (iii) except an application required by Section 31A-22-635, the form is an insurance
1929     policy or application for an insurance policy that fails to conspicuously, as defined by rule,
1930     provide:
1931          (A) the exact name of the insurer;
1932          (B) the state of domicile of the insurer filing the insurance policy or application for the
1933     insurance policy; and
1934          (C) for a life insurance and annuity insurance policy only, the address of the
1935     administrative office of the insurer filing the insurance policy or application for the insurance
1936     policy;
1937          (iv) the form violates a statute or a rule adopted by the commissioner; or
1938          (v) the form is otherwise contrary to law.
1939          [(b) Subsection (3)(a)(iii) does not apply to an endorsement to an insurance policy.]
1940          [(c)] (b) (i) When the commissioner prohibits the use of a form under Subsection (3)(a),
1941     the commissioner may order that, on or before a date not less than 15 days after the order, the
1942     use of the form be discontinued.
1943          (ii) Once use of a form is prohibited, the form may not be used until appropriate
1944     changes are filed with and reviewed by the commissioner.
1945          (iii) When the commissioner prohibits the use of a form under Subsection (3)(a), the
1946     commissioner may require the insurer to disclose contract deficiencies to the existing
1947     policyholders.
1948          [(d)] (c) If the commissioner prohibits use of a form under this Subsection (3), the
1949     prohibition shall:

1950          (i) be in writing;
1951          (ii) constitute an order; and
1952          (iii) state the reasons for the prohibition.
1953          (4) (a) If, after a hearing, the commissioner determines that it is in the public interest,
1954     the commissioner may require by rule or order that a form be subject to the commissioner's
1955     approval before its use.
1956          (b) The rule or order described in Subsection (4)(a) shall prescribe the filing
1957     procedures for a form if the procedures are different from the procedures stated in this section.
1958          (c) The type of form that under Subsection (4)(a) the commissioner may require
1959     approval of before use includes:
1960          (i) a form for a particular class of insurance;
1961          (ii) a form for a specific line of insurance;
1962          (iii) a specific type of form; or
1963          (iv) a form for a specific market segment.
1964          (5) (a) An insurer shall maintain a complete and accurate record of the following for
1965     the time period described in Subsection (5)(b):
1966          (i) a form:
1967          (A) filed under this section for use; or
1968          (B) that is in use; and
1969          (ii) a document filed under this section with a form described in Subsection (5)(a)(i).
1970          (b) The insurer shall maintain a record required under Subsection (5)(a) for the balance
1971     of the current year, plus five years from:
1972          (i) the last day on which the form is used; or
1973          (ii) the last day an insurance policy that is issued using the form is in effect.
1974          Section 15. Section 31A-21-311 is amended to read:
1975          31A-21-311. Delivery of policy or certificate.
1976          (1) (a) An insurer issuing an individual or group life insurance policy or an accident
1977     and health insurance policy shall deliver a copy of the policy to the policyholder as soon as
1978     practicable but no later than 90 days after the day on which the coverage is effective.
1979          (b) The policy described in this Subsection (1) shall:
1980          (i) provide the exact name of the insurer; and

1981          (ii) state the state of domicile of the insurer.
1982          [(1)] (2) (a) (i) Except under Subsection [(1)] (2)(d), an insurer issuing a group
1983     insurance policy other than a blanket insurance policy shall, as soon as practicable after the
1984     coverage is effective, but no later than 90 days after the day on which the coverage is effective,
1985     provide a certificate for each member of the insured group, except that only one certificate need
1986     be provided for the members of a family unit.
1987          (ii) The certificate [required by] described in this Subsection [(1)] (2) shall:
1988          (A) provide the exact name of the insurer;
1989          (B) state the state of domicile of the insurer; and
1990          (C) contain a summary of the essential features of the insurance coverage, including:
1991          (I) any rights of conversion to an individual policy;
1992          (II) in the case of group life insurance, any continuation of coverage during total
1993     disability; and
1994          (III) in the case of group life insurance, the incontestability provision.
1995          (iii) Upon receiving a written request, the insurer shall inform any insured how the
1996     insured may inspect, during normal business hours at a place reasonably convenient to the
1997     insured:
1998          (A) a copy of the policy; or
1999          (B) a summary of the policy containing all the details that are relevant to the certificate
2000     holder.
2001          (b) The commissioner may by rule impose a requirement similar to Subsection [(1)]
2002     (2)(a) on any class of blanket insurance policies for which the commissioner finds that the
2003     group of persons covered is constant enough for that type of action to be practicable and not
2004     unreasonably expensive.
2005          (c) (i) A certificate shall be provided in a manner reasonably calculated to bring the
2006     certificate to the attention of the certificate holder.
2007          (ii) The insurer may deliver or mail a certificate:
2008          (A) directly to the certificate holders; or
2009          (B) in bulk to the policyholder to transmit to certificate holders.
2010          (iii) An affidavit by the insurer that the insurer mailed the certificates in the usual
2011     course of business creates a rebuttable presumption that the insurer has mailed the certificate

2012     to:
2013          (A) a certificate holder; or
2014          (B) a policyholder as provided in Subsection [(1)] (2)(c)(ii)(B).
2015          (d) The commissioner may by rule or order prescribe substitutes for delivery or mailing
2016     of certificates that are reasonably calculated to inform a certificate holder of the certificate
2017     holder's rights, including:
2018          (i) booklets describing the coverage;
2019          (ii) the posting of notices in the place of business; or
2020          (iii) publication in a house organ.
2021          [(2)] (3) Unless a policy, certificate or an authorized substitute has been made available
2022     to the policyholder or certificate holder, as applicable, when required by this section, an act or
2023     omission forbidden to or required of the policyholder or certificate holder by the policy or
2024     certificate after the coverage has become effective as to the policyholder or certificate holder,
2025     other than intentionally causing the loss insured against or failing to make required
2026     contributory premium payments, may not affect the insurer's obligations under the insurance
2027     contract.
2028          Section 16. Section 31A-21-313 is amended to read:
2029          31A-21-313. Limitation of actions.
2030          (1) (a) An action on a written policy or contract of first party insurance shall be
2031     commenced within three years after the inception of the loss.
2032          (b) The inception of the loss on a fidelity bond is the date the insurer first denies all or
2033     part of a claim made under the fidelity bond.
2034          (2) Except as provided in Subsection (1) or elsewhere in this title, the law applicable to
2035     limitation of actions in Title 78B, Chapter 2, Statutes of Limitations, applies to actions on
2036     insurance policies.
2037          (3) An insurance policy may not:
2038          (a) limit the time for beginning an action on the policy to a time less than that
2039     authorized by statute;
2040          (b) prescribe in what court an action may be brought on the policy; or
2041          (c) provide that no action may be brought, subject to permissible arbitration provisions
2042     in contracts.

2043          (4) Unless by verified complaint it is alleged that prejudice to the complainant will
2044     arise from a delay in bringing suit against an insurer, which prejudice is other than the delay
2045     itself, no action may be brought against an insurer on an insurance policy to compel payment
2046     under the policy until the earlier of:
2047          (a) 60 days after proof of loss has been furnished as required under the policy;
2048          (b) waiver by the insurer of proof of loss; or
2049          (c) the insurer's denial of [full] payment.
2050          (5) The period of limitation is tolled during the period in which the parties conduct an
2051     appraisal or arbitration procedure prescribed by the insurance policy, by law, or as agreed to by
2052     the parties.
2053          Section 17. Section 31A-22-501 is amended to read:
2054          31A-22-501. Eligible groups.
2055          A group or blanket policy of life insurance may not be delivered in Utah unless the
2056     insured group:
2057          (1) falls within at least one of the classifications under Sections 31A-22-501.1 through
2058     31A-22-509; and
2059          (2) is formed [for a reason other than the purchase of insurance] and maintained in
2060     good faith for purposes other than obtaining insurance.
2061          Section 18. Section 31A-22-605.1 is amended to read:
2062          31A-22-605.1. Preexisting condition limitations.
2063          (1) Any provision dealing with preexisting conditions shall be consistent with this
2064     section, Section 31A-22-609, and rules adopted by the commissioner.
2065          (2) Except as provided in this section, an insurer that elects to use an application form
2066     without questions concerning the insured's health or medical treatment history shall provide
2067     coverage under the policy for any loss which occurs more than 12 months after the effective
2068     date of coverage due to a preexisting condition which is not specifically excluded from
2069     coverage.
2070          (3) (a) An insurer that issues a specified disease policy may not deny a claim for loss
2071     due to a preexisting condition that occurs more than six months after the effective date of
2072     coverage.
2073          (b) A specified disease policy may impose a preexisting condition exclusion only if the

2074     exclusion relates to a preexisting condition which first manifested itself within six months prior
2075     to the effective date of coverage or which was diagnosed by a physician at any time prior to the
2076     effective date of coverage.
2077          (4) (a) Except as [provided in this Subsection (4)] otherwise provided in this section, a
2078     health benefit plan may impose a preexisting condition exclusion only if:
2079          (i) the exclusion relates to a preexisting condition for which medical advice, diagnosis,
2080     care, or treatment was recommended or received within the six-month period ending on the
2081     enrollment date from an individual licensed or similarly authorized to provide those services
2082     under state law and operating within the scope of practice authorized by state law;
2083          (ii) the exclusion period ends no later than 12 months after the enrollment date, or in
2084     the case of a late enrollee, 18 months after the enrollment date; and
2085          (iii) the exclusion period is reduced by the number of days of creditable coverage the
2086     enrollee has as of the enrollment date, in accordance with Subsection (4)(b).
2087          (b) (i) The amount of creditable coverage allowed under Subsection (4)(a)(iii) is
2088     determined by counting all the days on which the individual has one or more types of creditable
2089     coverage.
2090          (ii) Days of creditable coverage that occur before a significant break in coverage are
2091     not required to be counted.
2092          (A) Days in a waiting period or affiliation period are not taken into account in
2093     determining whether a significant break in coverage has occurred.
2094          (B) For an individual who elects federal COBRA continuation coverage during the
2095     second election period provided under the federal Trade Act of 2002, the days between the date
2096     the individual lost group health plan coverage and the first day of the second COBRA election
2097     period are not taken into account in determining whether a significant break in coverage has
2098     occurred.
2099          (c) A group health benefit plan may not impose a preexisting condition exclusion
2100     relating to pregnancy.
2101          (d) (i) An insurer imposing a preexisting condition exclusion shall provide a written
2102     general notice of preexisting condition exclusion as part of any written application materials.
2103          (ii) The general notice under this subsection shall include:
2104          (A) a description of the existence and terms of any preexisting condition exclusion

2105     under the plan, including the six-month period ending on the enrollment date, the maximum
2106     preexisting condition exclusion period, and how the insurer will reduce the maximum
2107     preexisting condition exclusion period by creditable coverage;
2108          (B) a description of the rights of individuals:
2109          (I) to demonstrate creditable coverage, including any applicable waiting periods,
2110     through a certificate of creditable coverage or through other means; and
2111          (II) to request a certificate of creditable coverage from a prior plan;
2112          (C) a statement that the current plan will assist in obtaining a certificate of creditable
2113     coverage from any prior plan or issuer if necessary; and
2114          (D) a person to contact, and an address and telephone number for the person, for
2115     obtaining additional information or assistance regarding the preexisting condition exclusion.
2116          (e) An insurer may not impose any limit on the amount of time that an individual has to
2117     present a certificate or other evidence of creditable coverage.
2118          (f) This Subsection (4) does not preclude application of any waiting period applicable
2119     to all new enrollees under the plan.
2120          (5) (a) If a short-term limited duration health insurance policy provides for an
2121     extension or renewal of the policy, the insurer may not exclude coverage for a loss due to a
2122     preexisting condition for a period greater than 12 months following the original effective date
2123     of the policy, unless the insurer specifically and expressly excludes the preexisting condition in
2124     the terms of the policy or certificate.
2125          (b) (i) An insurer that includes a preexisting condition exclusion in a short-term limited
2126     duration health insurance policy in accordance with this subsection shall provide a written
2127     general notice of the preexisting condition exclusion as part of any written application
2128     materials.
2129          (ii) A written general notice described in this subsection shall:
2130          (A) include a description of the existence and terms of any preexisting condition
2131     exclusion under the policy, including the maximum preexisting exclusion period; and
2132          (B) state that the exclusion period ends no later than 12 months after the original
2133     effective date of the policy.
2134          Section 19. Section 31A-22-611 is amended to read:
2135          31A-22-611. Coverage for children with a disability.

2136          (1) For the purposes of this section:
2137          (a) "Dependent with a disability" means a child who is and continues to be both:
2138          (i) unable to engage in substantial gainful employment to the degree that the child can
2139     achieve economic independence due to a medically determinable physical or mental
2140     impairment which can be expected to result in death, or which has lasted or can be expected to
2141     last for a continuous period of not less than 12 months; and
2142          (ii) chiefly dependent upon an insured for support and maintenance since the child
2143     reached the age specified in Subsection 31A-22-610.5(2).
2144          (b) "Mental impairment" means a mental or psychological disorder such as:
2145          (i) an intellectual disability;
2146          (ii) organic brain syndrome;
2147          (iii) emotional or mental illness; or
2148          (iv) specific learning disabilities as determined by the insurer.
2149          (c) "Physical impairment" means a physiological disorder, condition, or disfigurement,
2150     or anatomical loss affecting one or more of the following body systems:
2151          (i) neurological;
2152          (ii) musculoskeletal;
2153          (iii) special sense organs;
2154          (iv) respiratory organs;
2155          (v) speech organs;
2156          (vi) cardiovascular;
2157          (vii) reproductive;
2158          (viii) digestive;
2159          (ix) genito-urinary;
2160          (x) hemic and lymphatic;
2161          (xi) skin; or
2162          (xii) endocrine.
2163          (2) The insurer may require proof of the [incapacity] impairment and dependency be
2164     furnished by the person insured under the policy within 30 days of the effective date or the date
2165     the child attains the age specified in Subsection 31A-22-610.5(2), and at any time thereafter,
2166     except that the insurer may not require proof more often than annually after the two-year period

2167     immediately following attainment of the limiting age by the dependent with a disability.
2168          (3) Any individual or group accident and health insurance policy or health maintenance
2169     organization contract that provides coverage for a policyholder's or certificate holder's
2170     dependent shall, upon application, provide coverage for all unmarried dependents with a
2171     disability who have been continuously covered, with no break of more than 63 days, under any
2172     accident and health insurance since the age specified in Subsection 31A-22-610.5(2).
2173          (4) Every accident and health insurance policy or contract that provides coverage of a
2174     dependent with a disability may not terminate the policy due to an age limitation.
2175          Section 20. Section 31A-22-627 is amended to read:
2176          31A-22-627. Coverage of emergency medical services.
2177          (1) A health insurance policy or managed care organization contract:
2178           (a) shall provide, at a minimum, coverage of emergency services as required in 29
2179     C.F.R. Sec. 2590.715-2719A; and
2180          (b) may not:
2181          (i) require any form of preauthorization for treatment of an emergency medical
2182     condition until after the insured's condition has been stabilized; or
2183          (ii) deny a claim for any covered evaluation, covered diagnostic test, or other covered
2184     treatment considered medically necessary to stabilize the emergency medical condition of an
2185     insured.
2186          (2) A health insurance policy or managed care organization contract may require
2187     authorization for the continued treatment of an emergency medical condition after the insured's
2188     condition has been stabilized. If such authorization is required, an insurer who does not accept
2189     or reject a request for authorization may not deny a claim for any evaluation, diagnostic testing,
2190     or other treatment considered medically necessary that occurred between the time the request
2191     was received and the time the insurer rejected the request for authorization.
2192          (3) For purposes of this section:
2193          (a) "Emergency medical condition" means a medical condition manifesting itself by
2194     acute symptoms of sufficient severity, including severe pain, such that a prudent layperson,
2195     who possesses an average knowledge of medicine and health, would reasonably expect the
2196     absence of immediate medical attention [at] through a hospital emergency department to result
2197     in:

2198          (i) placing the insured's health, or with respect to a pregnant woman, the health of the
2199     woman or her unborn child, in serious jeopardy;
2200          (ii) serious impairment to bodily functions; or
2201          (iii) serious dysfunction of any bodily organ or part.
2202          (b) "Hospital emergency department" means that area of a hospital in which emergency
2203     services are provided on a 24-hour-a-day basis.
2204          (c) "Stabilize" means the same as that term is defined in 42 U.S.C. Sec. 1395dd(e)(3).
2205          (4) Nothing in this section may be construed as:
2206          (a) altering the level or type of benefits that are provided under the terms of a contract
2207     or policy; or
2208          (b) restricting a policy or contract from providing enhanced benefits for certain
2209     emergency medical conditions that are identified in the policy or contract.
2210          (5) Notwithstanding Section 31A-2-308, if the commissioner finds an insurer has
2211     violated this section, the commissioner may:
2212          (a) work with the insurer to improve the insurer's compliance with this section; or
2213          (b) impose the following fines:
2214          (i) not more than $5,000; or
2215          (ii) twice the amount of any profit gained from violations of this section.
2216          Section 21. Section 31A-22-638 is amended to read:
2217          31A-22-638. Coverage for prosthetic devices.
2218          (1) For purposes of this section:
2219          (a) "Orthotic device" means a rigid or semirigid device supporting a weak or deformed
2220     leg, foot, arm, hand, back, or neck, or restricting or eliminating motion in a diseased or injured
2221     leg, foot, arm, hand, back, or neck.
2222          (b) (i) "Prosthetic device" means an artificial limb device or appliance designed to
2223     replace in whole or in part an arm or a leg.
2224          (ii) "Prosthetic device" does not include an orthotic device.
2225          (2) (a) Beginning January 1, 2011, an insurer, other than an insurer described in
2226     Subsection (2)(b), that provides a health benefit plan shall offer at least one plan, in each
2227     market where the insurer offers a health benefit plan, that provides coverage for benefits for
2228     prosthetics that includes:

2229          (i) a prosthetic device;
2230          (ii) all services and supplies necessary for the effective use of a prosthetic device,
2231     including:
2232          (A) formulating its design;
2233          (B) fabrication;
2234          (C) material and component selection;
2235          (D) measurements and fittings;
2236          (E) static and dynamic alignments; and
2237          (F) instructing the patient in the use of the prosthetic device;
2238          (iii) all materials and components necessary to use the prosthetic device; and
2239          (iv) any repair or replacement of a prosthetic device that is determined medically
2240     necessary to restore or maintain the ability to complete activities of daily living or essential
2241     job-related activities and that is not solely for comfort or convenience.
2242          (b) Beginning January 1, 2011, an insurer that is subject to Title 49, Chapter 20, Public
2243     Employees' Benefit and Insurance Program Act, shall offer to a covered employer at least one
2244     plan that:
2245          (i) provides coverage for prosthetics that complies with Subsections (2)(a)(i) through
2246     (iv); and
2247          (ii) requires an employee who elects to purchase the coverage described in Subsection
2248     (2)(b)(i) to pay an increased premium to pay the costs of obtaining that coverage.
2249          (c) At least one of the plans with the prosthetic benefits described in Subsections (2)(a)
2250     and (b) that is offered by an insurer described in this Subsection (2) shall have a coinsurance
2251     rate, that applies to physical injury generally and to prosthetics, of 80% to be paid by the
2252     insurer and 20% to be paid by the insured, if the prosthetic benefit is obtained from a person
2253     that the insurer contracts with or approves.
2254          (d) For policies issued on or after July 1, 2010 until July 1, 2015, an insurer is exempt
2255     from the 30% index rating restrictions in Section 31A-30-106.1, and for the first year only that
2256     coverage under this section is chosen, the 15% annual adjustment restriction in Section
2257     31A-30-106.1, for any small employer with 20 or less enrolled employees who chooses
2258     coverage that meets or exceeds the coverage under this section.
2259          (3) The coverage described in this section:

2260          (a) shall, except as otherwise provided in this section, be made subject to cost-sharing
2261     provisions, including dollar limits, deductibles, copayments, and co-insurance, that are not less
2262     favorable to the insured than the cost-sharing provisions of the health benefit plan that apply to
2263     physical illness generally; and
2264          (b) may limit coverage for the purchase, repair, or replacement of a microprocessor
2265     component for a prosthetic device to $30,000, per limb, every three years.
2266          (4) If the coverage described in this section is provided through a managed care plan,
2267     offered under Chapter [8, Health Maintenance Organizations and Limited Health Plans, or
2268     under a preferred provider plan under this chapter,] 45, Managed Care Organizations, the
2269     insured shall have access to medically necessary prosthetic clinical care, and to prosthetic
2270     devices and technology, from one or more prosthetic providers in the managed care plan's
2271     provider network.
2272          Section 22. Section 31A-22-701 is amended to read:
2273          31A-22-701. Groups eligible for group or blanket insurance.
2274          (1) As used in this section, "association group" means a lawfully formed association of
2275     individuals or business entities that:
2276          (a) purchases insurance on a group basis on behalf of members; and
2277          (b) is formed and maintained in good faith for purposes other than obtaining insurance.
2278          (2) A group accident and health insurance policy may be issued to:
2279          (a) a group:
2280          (i) to which a group life insurance policy may be issued under Section 31A-22-502,
2281     31A-22-503, 31A-22-504, 31A-22-506, or 31A-22-507; and
2282          (ii) that is formed and maintained in good faith for a purpose other than obtaining
2283     insurance;
2284          (b) an association group authorized by the commissioner that:
2285          (i) has been actively in existence for at least five years;
2286          (ii) has a constitution and bylaws;
2287          (iii) has a shared or common purpose that is not primarily a business or customer
2288     relationship;
2289          (iv) is formed and maintained in good faith for purposes other than obtaining
2290     insurance;

2291          (v) does not condition membership in the association group on any health status-related
2292     factor relating to an individual, including an employee of an employer or a dependent of an
2293     employee;
2294          (vi) makes accident and health insurance coverage offered through the association
2295     group available to all members regardless of any health status-related factor relating to the
2296     members or individuals eligible for coverage through a member;
2297          (vii) does not make accident and health insurance coverage offered through the
2298     association group available other than in connection with a member of the association group;
2299     and
2300          (viii) is actuarially sound; or
2301          (c) a group specifically authorized by the commissioner, upon a finding that:
2302          (i) authorization is not contrary to the public interest;
2303          (ii) the group is actuarially sound;
2304          (iii) formation of the proposed group may result in economies of scale in acquisition,
2305     administrative, marketing, and brokerage costs;
2306          (iv) the insurance policy, insurance certificate, or other indicia of coverage that will be
2307     offered to the proposed group is substantially equivalent to insurance policies that are
2308     otherwise available to similar groups;
2309          (v) the group would not present hazards of adverse selection;
2310          (vi) the premiums for the insurance policy and any contributions by or on behalf of the
2311     insured persons are reasonable in relation to the benefits provided; and
2312          (vii) the group is formed and maintained in good faith for a purpose other than
2313     obtaining insurance.
2314          (3) A blanket accident and health insurance policy:
2315          (a) covers a defined class of persons;
2316          (b) may not be offered or underwritten on an individual basis;
2317          (c) shall cover only a group that is:
2318          (i) actuarially sound; and
2319          (ii) formed and maintained in good faith for a purpose other than obtaining insurance;
2320     and
2321          (d) may be issued only to:

2322          (i) a common carrier or an operator, owner, or lessee of a means of transportation, as
2323     policyholder, covering persons who may become passengers as defined by reference to the
2324     person's travel status;
2325          (ii) an employer, as policyholder, covering any group of employees, dependents, or
2326     guests, as defined by reference to specified hazards incident to any activities of the
2327     policyholder;
2328          (iii) an institution of learning, including a school district, a school jurisdictional unit, or
2329     the head, principal, or governing board of a school jurisdictional unit, as policyholder, covering
2330     students, teachers, or employees;
2331          (iv) a religious, charitable, recreational, educational, or civic organization, or branch of
2332     one of those organizations, as policyholder, covering a group of members or participants as
2333     defined by reference to specified hazards incident to the activities sponsored or supervised by
2334     the policyholder;
2335          (v) a sports team, camp, or sponsor of a sports team or camp, as policyholder, covering
2336     members, campers, employees, officials, or supervisors;
2337          (vi) a volunteer fire department, first aid, civil defense, or other similar volunteer
2338     organization, as policyholder, covering a group of members or participants as defined by
2339     reference to specified hazards incident to activities sponsored, supervised, or participated in by
2340     the policyholder;
2341          (vii) a newspaper or other publisher, as policyholder, covering its carriers;
2342          (viii) a labor union, as a policyholder, covering a group of members or participants as
2343     defined by reference to specified hazards incident to the activities or operations sponsored or
2344     supervised by the policyholder;
2345          [(viii)] (ix) an association[, including a labor union,] that has a constitution and bylaws
2346     [and that is organized in good faith for purposes other than that of obtaining insurance, as
2347     policyholder,] covering a group of members or participants as defined by reference to specified
2348     hazards incident to the activities or operations sponsored or supervised by the policyholder;
2349     [and] or
2350          [(ix)] (x) any other class of risks that, in the judgment of the commissioner, may be
2351     properly eligible for blanket accident and health insurance.
2352          (4) The judgment of the commissioner may be exercised on the basis of:

2353          (a) individual risks;
2354          (b) a class of risks; or
2355          (c) both Subsections (4)(a) and (b).
2356          Section 23. Section 31A-22-722 is amended to read:
2357          31A-22-722. Utah mini-COBRA benefits for employer group coverage.
2358          (1) An [insured may extend the] employer's group policy shall offer an employee's
2359     coverage to be extended under the current employer's group policy for a period of 12 months,
2360     except as provided in Subsection (2). The right to extend coverage includes:
2361          (a) voluntary termination;
2362          (b) involuntary termination;
2363          (c) retirement;
2364          (d) death;
2365          (e) divorce or legal separation;
2366          (f) loss of dependent status;
2367          (g) sabbatical;
2368          (h) a disability;
2369          (i) leave of absence; or
2370          (j) reduction of hours.
2371          (2) (a) Notwithstanding Subsection (1), an employee may not extend coverage under
2372     the current employer's group insurance policy if the employee:
2373          (i) fails to pay premiums or contributions in accordance with the terms of the insurance
2374     policy;
2375          (ii) acquires other group coverage covering all preexisting conditions including
2376     maternity, if the coverage exists;
2377          (iii) performs an act or practice that constitutes fraud in connection with the coverage;
2378          (iv) makes an intentional misrepresentation of material fact under the terms of the
2379     coverage;
2380          (v) is terminated from employment for gross misconduct;
2381          (vi) is not continuously covered under the current employer's group policy for a period
2382     of three months immediately before the termination of the insurance policy due to an event set
2383     forth in Subsection (1);

2384          (vii) is eligible for an extension of coverage required by federal law;
2385          (viii) establishes residence outside of this state;
2386          (ix) moves out of the insurer's service area;
2387          (x) is eligible for similar coverage under another group insurance policy; or
2388          (xi) has the employee's coverage terminated because the employer's coverage is
2389     terminated, except as provided in Subsection (8).
2390          (b) The right to extend coverage under Subsection (1) applies to spouse or dependent
2391     coverage, including a surviving spouse or dependents whose coverage under the insurance
2392     policy terminates by reason of the death of the employee or member.
2393          (3) (a) The employer shall notify the following in writing of the right to extend group
2394     coverage and the payment amounts required for extension of coverage, including the manner,
2395     place, and time in which the payments shall be made:
2396          (i) a terminated insured;
2397          (ii) an ex-spouse of an insured; or
2398          (iii) if Subsection (2)(b) applies:
2399          (A) a surviving spouse; and
2400          (B) the guardian of surviving dependents, if different from a surviving spouse.
2401          (b) The notification required in Subsection (3)(a) shall be sent first class mail within 30
2402     days after the termination date of the group coverage to:
2403          (i) the terminated insured's home address as shown on the records of the employer;
2404          (ii) the address of the surviving spouse, if different from the insured's address and if
2405     shown on the records of the employer;
2406          (iii) the guardian of any dependents address, if different from the insured's address, and
2407     if shown on the records of the employer; and
2408          (iv) the address of the ex-spouse, if shown on the records of the employer.
2409          (4) The insurer shall provide the employee, spouse, or any eligible dependent the
2410     opportunity to extend the group coverage at the payment amount stated in Subsection (5) if:
2411          (a) the employer policyholder does not provide the terminated insured the written
2412     notification required by Subsection (3)(a); and
2413          (b) the employee or other individual eligible for extension contacts the insurer within
2414     60 days of coverage termination.

2415          (5) (a) A premium amount for extended group coverage may not exceed 102% of the
2416     group rate in effect for a group member, including an employer's contribution, if any, for a
2417     group insurance policy.
2418          (b) Except as provided in Subsection (5)(a), an insurer may not charge an insured an
2419     additional fee, an additional premium, interest, or any similar charge for electing extended
2420     group coverage.
2421          (6) Except as provided in this Subsection (6), coverage extends without interruption for
2422     12 months and may not terminate if the terminated insured or, with respect to a minor, the
2423     parent or guardian of the terminated insured:
2424          (a) elects to extend group coverage within 60 days of losing group coverage; and
2425          (b) tenders the amount required to the employer or insurer.
2426          (7) The insured's coverage may be terminated before 12 months if the terminated
2427     insured:
2428          (a) establishes residence outside of this state;
2429          (b) moves out of the insurer's service area;
2430          (c) fails to pay premiums or contributions in accordance with the terms of the insurance
2431     policy, including any timeliness requirements;
2432          (d) performs an act or practice that constitutes fraud in connection with the coverage;
2433          (e) makes an intentional misrepresentation of material fact under the terms of the
2434     coverage;
2435          (f) becomes eligible for similar coverage under another group insurance policy; or
2436          (g) has the coverage terminated because the employer's coverage is terminated, except
2437     as provided in Subsection (8).
2438          (8) If the current employer coverage is terminated and the employer replaces coverage
2439     with similar coverage under another group insurance policy, without interruption, the
2440     terminated insured, spouse, or the surviving spouse and guardian of dependents if Subsection
2441     (2)(b) applies, may obtain extension of coverage under the replacement group insurance policy:
2442          (a) for the balance of the period the terminated insured would have extended coverage
2443     under the replaced group insurance policy; and
2444          (b) if the terminated insured is otherwise eligible for extension of coverage.
2445          (9) An insurer shall require an insured employer to offer to the following individuals an

2446     open enrollment period at the same time as other regular employees:
2447          (a) an individual who extends group coverage and is current on payment; and
2448          (b) during the applicable grace period described in Subsection (3) or (4), an individual
2449     who is eligible to elect to extend group coverage.
2450          Section 24. Section 31A-22-726 is amended to read:
2451          31A-22-726. Abortion coverage restriction in health benefit plan and on health
2452     insurance exchange.
2453          (1) As used in this section, "permitted abortion coverage" means coverage for abortion:
2454          (a) that is necessary to avert:
2455          (i) the death of the woman on whom the abortion is performed; or
2456          (ii) a serious risk of substantial and irreversible impairment of a major bodily function
2457     of the woman on whom the abortion is performed;
2458          (b) of a fetus that has a defect that is documented by a physician or physicians to be
2459     uniformly diagnosable and uniformly lethal; or
2460          (c) where the woman is pregnant as a result of:
2461          (i) rape, as described in Section 76-5-402;
2462          (ii) rape of a child, as described in Section 76-5-402.1; or
2463          (iii) incest, as described in Subsection 76-5-406(10) or Section 76-7-102.
2464          (2) A person may not offer coverage for an abortion in a health benefit plan, unless the
2465     coverage is a type of permitted abortion coverage.
2466          [(3) A person may not offer a health benefit plan that provides coverage for an abortion
2467     in a health insurance exchange created under Title 63N, Chapter 11, Health System Reform
2468     Act, unless the coverage is a type of permitted abortion coverage.]
2469          [(4)] (3) A person may not offer a health benefit plan that provides coverage for an
2470     abortion in a health insurance exchange created under the federal Patient Protection and
2471     Affordable Care Act, 111 P.L. 148, unless the coverage is a type of permitted abortion
2472     coverage.
2473          Section 25. Section 31A-23a-111 is amended to read:
2474          31A-23a-111. Revoking, suspending, surrendering, lapsing, limiting, or otherwise
2475     terminating a license -- Forfeiture -- Rulemaking for renewal or reinstatement.
2476          (1) A license type issued under this chapter remains in force until:

2477          (a) revoked or suspended under Subsection (5);
2478          (b) surrendered to the commissioner and accepted by the commissioner in lieu of
2479     administrative action;
2480          (c) the licensee dies or is adjudicated incompetent as defined under:
2481          (i) Title 75, Chapter 5, Part 3, Guardians of Incapacitated Persons; or
2482          (ii) Title 75, Chapter 5, Part 4, Protection of Property of Persons Under Disability and
2483     Minors;
2484          (d) lapsed under Section 31A-23a-113; or
2485          (e) voluntarily surrendered.
2486          (2) The following may be reinstated within one year after the day on which the license
2487     is no longer in force:
2488          (a) a lapsed license; or
2489          (b) a voluntarily surrendered license, except that a voluntarily surrendered license may
2490     not be reinstated after the license period in which the license is voluntarily surrendered.
2491          (3) Unless otherwise stated in a written agreement for the voluntary surrender of a
2492     license, submission and acceptance of a voluntary surrender of a license does not prevent the
2493     department from pursuing additional disciplinary or other action authorized under:
2494          (a) this title; or
2495          (b) rules made under this title in accordance with Title 63G, Chapter 3, Utah
2496     Administrative Rulemaking Act.
2497          (4) A line of authority issued under this chapter remains in force until:
2498          (a) the qualifications pertaining to a line of authority are no longer met by the licensee;
2499     or
2500          (b) the supporting license type:
2501          (i) is revoked or suspended under Subsection (5);
2502          (ii) is surrendered to the commissioner and accepted by the commissioner in lieu of
2503     administrative action;
2504          (iii) lapses under Section 31A-23a-113; or
2505          (iv) is voluntarily surrendered; or
2506          (c) the licensee dies or is adjudicated incompetent as defined under:
2507          (i) Title 75, Chapter 5, Part 3, Guardians of Incapacitated Persons; or

2508          (ii) Title 75, Chapter 5, Part 4, Protection of Property of Persons Under Disability and
2509     Minors.
2510          (5) (a) If the commissioner makes a finding under Subsection (5)(b), as part of an
2511     adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act, the
2512     commissioner may:
2513          (i) revoke:
2514          (A) a license; or
2515          (B) a line of authority;
2516          (ii) suspend for a specified period of 12 months or less:
2517          (A) a license; or
2518          (B) a line of authority;
2519          (iii) limit in whole or in part:
2520          (A) a license; or
2521          (B) a line of authority;
2522          (iv) deny a license application;
2523          (v) assess a forfeiture under Subsection 31A-2-308(1)(b)(i) or (1)(c)(i); or
2524          (vi) take a combination of actions under Subsections (5)(a)(i) through (iv) and
2525     Subsection (5)(a)(v).
2526          (b) The commissioner may take an action described in Subsection (5)(a) if the
2527     commissioner finds that the licensee:
2528          (i) is unqualified for a license or line of authority under Section 31A-23a-104,
2529     31A-23a-105, or 31A-23a-107;
2530          (ii) violates:
2531          (A) an insurance statute;
2532          (B) a rule that is valid under Subsection 31A-2-201(3); or
2533          (C) an order that is valid under Subsection 31A-2-201(4);
2534          (iii) is insolvent or the subject of receivership, conservatorship, rehabilitation, or other
2535     delinquency proceedings in any state;
2536          (iv) fails to pay a final judgment rendered against the person in this state within 60
2537     days after the day on which the judgment became final;
2538          (v) fails to meet the same good faith obligations in claims settlement that is required of

2539     admitted insurers;
2540          (vi) is affiliated with and under the same general management or interlocking
2541     directorate or ownership as another insurance producer that transacts business in this state
2542     without a license;
2543          (vii) refuses:
2544          (A) to be examined; or
2545          (B) to produce its accounts, records, and files for examination;
2546          (viii) has an officer who refuses to:
2547          (A) give information with respect to the insurance producer's affairs; or
2548          (B) perform any other legal obligation as to an examination;
2549          (ix) provides information in the license application that is:
2550          (A) incorrect;
2551          (B) misleading;
2552          (C) incomplete; or
2553          (D) materially untrue;
2554          (x) violates an insurance law, valid rule, or valid order of another regulatory agency in
2555     any jurisdiction;
2556          (xi) obtains or attempts to obtain a license through misrepresentation or fraud;
2557          (xii) improperly withholds, misappropriates, or converts money or properties received
2558     in the course of doing insurance business;
2559          (xiii) intentionally misrepresents the terms of an actual or proposed:
2560          (A) insurance contract;
2561          (B) application for insurance; or
2562          (C) life settlement;
2563          (xiv) [is] has been convicted of:
2564          (A) a felony; or
2565          (B) a misdemeanor involving fraud, misrepresentation, theft, or dishonesty;
2566          (xv) admits or is found to have committed an insurance unfair trade practice or fraud;
2567          (xvi) in the conduct of business in this state or elsewhere:
2568          (A) uses fraudulent, coercive, or dishonest practices; or
2569          (B) demonstrates incompetence, untrustworthiness, or financial irresponsibility;

2570          (xvii) has had an insurance license or other professional or occupational license, or an
2571     equivalent to an insurance license or registration, or other professional or occupational license
2572     or registration:
2573          (A) denied;
2574          (B) suspended;
2575          (C) revoked; or
2576          (D) surrendered to resolve an administrative action;
2577          (xviii) forges another's name to:
2578          (A) an application for insurance; or
2579          (B) a document related to an insurance transaction;
2580          (xix) improperly uses notes or another reference material to complete an examination
2581     for an insurance license;
2582          (xx) knowingly accepts insurance business from an individual who is not licensed;
2583          (xxi) fails to comply with an administrative or court order imposing a child support
2584     obligation;
2585          (xxii) fails to:
2586          (A) pay state income tax; or
2587          (B) comply with an administrative or court order directing payment of state income
2588     tax;
2589          (xxiii) [violates or permits others to violate] has been convicted of violating the federal
2590     Violent Crime Control and Law Enforcement Act of 1994, 18 U.S.C. Sec. 1033 and [therefore
2591     under] has not obtained written consent to engage in the business of insurance or participate in
2592     such business as required by 18 U.S.C. Sec. 1033 [is prohibited from engaging in the business
2593     of insurance; or];
2594          (xxiv) engages in a method or practice in the conduct of business that endangers the
2595     legitimate interests of customers and the public[.]; or
2596          (xxv) has been convicted of any criminal felony involving dishonesty or breach of trust
2597     and has not obtained written consent to engage in the business of insurance or participate in
2598     such business as required by 18 U.S.C. Sec. 1033.
2599          (c) For purposes of this section, if a license is held by an agency, both the agency itself
2600     and any individual designated under the license are considered to be the holders of the license.

2601          (d) If an individual designated under the agency license commits an act or fails to
2602     perform a duty that is a ground for suspending, revoking, or limiting the individual's license,
2603     the commissioner may suspend, revoke, or limit the license of:
2604          (i) the individual;
2605          (ii) the agency, if the agency:
2606          (A) is reckless or negligent in its supervision of the individual; or
2607          (B) knowingly participates in the act or failure to act that is the ground for suspending,
2608     revoking, or limiting the license; or
2609          (iii) (A) the individual; and
2610          (B) the agency if the agency meets the requirements of Subsection (5)(d)(ii).
2611          (6) A licensee under this chapter is subject to the penalties for acting as a licensee
2612     without a license if:
2613          (a) the licensee's license is:
2614          (i) revoked;
2615          (ii) suspended;
2616          (iii) limited;
2617          (iv) surrendered in lieu of administrative action;
2618          (v) lapsed; or
2619          (vi) voluntarily surrendered; and
2620          (b) the licensee:
2621          (i) continues to act as a licensee; or
2622          (ii) violates the terms of the license limitation.
2623          (7) A licensee under this chapter shall immediately report to the commissioner:
2624          (a) a revocation, suspension, or limitation of the person's license in another state, the
2625     District of Columbia, or a territory of the United States;
2626          (b) the imposition of a disciplinary sanction imposed on that person by another state,
2627     the District of Columbia, or a territory of the United States; or
2628          (c) a judgment or injunction entered against that person on the basis of conduct
2629     involving:
2630          (i) fraud;
2631          (ii) deceit;

2632          (iii) misrepresentation; or
2633          (iv) a violation of an insurance law or rule.
2634          (8) (a) An order revoking a license under Subsection (5) or an agreement to surrender a
2635     license in lieu of administrative action may specify a time, not to exceed five years, within
2636     which the former licensee may not apply for a new license.
2637          (b) If no time is specified in an order or agreement described in Subsection (8)(a), the
2638     former licensee may not apply for a new license for five years from the day on which the order
2639     or agreement is made without the express approval by the commissioner.
2640          (9) The commissioner shall promptly withhold, suspend, restrict, or reinstate the use of
2641     a license issued under this part if so ordered by a court.
2642          (10) The commissioner shall by rule prescribe the license renewal and reinstatement
2643     procedures in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2644          Section 26. Section 31A-23a-402 is amended to read:
2645          31A-23a-402. Unfair marketing practices -- Communication -- Unfair
2646     discrimination -- Coercion or intimidation -- Restriction on choice.
2647          (1) (a) (i) Any of the following may not make or cause to be made any communication
2648     that contains false or misleading information, relating to an insurance product or contract, any
2649     insurer, or any licensee under this title, including information that is false or misleading
2650     because it is incomplete:
2651          (A) a person who is or should be licensed under this title;
2652          (B) an employee or producer of a person described in Subsection (1)(a)(i)(A);
2653          (C) a person whose primary interest is as a competitor of a person licensed under this
2654     title; and
2655          (D) a person on behalf of any of the persons listed in this Subsection (1)(a)(i).
2656          (ii) As used in this Subsection (1), "false or misleading information" includes:
2657          (A) assuring the nonobligatory payment of future dividends or refunds of unused
2658     premiums in any specific or approximate amounts, but reporting fully and accurately past
2659     experience is not false or misleading information; and
2660          (B) with intent to deceive a person examining it:
2661          (I) filing a report;
2662          (II) making a false entry in a record; or

2663          (III) wilfully refraining from making a proper entry in a record.
2664          (iii) A licensee under this title may not:
2665          (A) use any business name, slogan, emblem, or related device that is misleading or
2666     likely to cause the insurer or other licensee to be mistaken for another insurer or other licensee
2667     already in business; or
2668          (B) use any name, advertisement, or other insurance promotional material that would
2669     cause a reasonable person to mistakenly believe that a state or federal government agency,
2670     [including Utah's small employer health insurance exchange known as "Avenue H,"] and the
2671     Children's Health Insurance Program created in Title 26, Chapter 40, Utah Children's Health
2672     Insurance Act:
2673          (I) is responsible for the insurance sales activities of the person;
2674          (II) stands behind the credit of the person;
2675          (III) guarantees any returns on insurance products of or sold by the person; or
2676          (IV) is a source of payment of any insurance obligation of or sold by the person.
2677          (iv) A person who is not an insurer may not assume or use any name that deceptively
2678     implies or suggests that person is an insurer.
2679          (v) A person other than persons licensed as health maintenance organizations under
2680     Chapter 8, Health Maintenance Organizations and Limited Health Plans, may not use the term
2681     "Health Maintenance Organization" or "HMO" in referring to itself.
2682          (b) A licensee's violation creates a rebuttable presumption that the violation was also
2683     committed by the insurer if:
2684          (i) the licensee under this title distributes cards or documents, exhibits a sign, or
2685     publishes an advertisement that violates Subsection (1)(a), with reference to a particular
2686     insurer:
2687          (A) that the licensee represents; or
2688          (B) for whom the licensee processes claims; and
2689          (ii) the cards, documents, signs, or advertisements are supplied or approved by that
2690     insurer.
2691          (2) (a) A title insurer, individual title insurance producer, or agency title insurance
2692     producer or any officer or employee of the title insurer, individual title insurance producer, or
2693     agency title insurance producer may not pay, allow, give, or offer to pay, allow, or give,

2694     directly or indirectly, as an inducement to obtaining any title insurance business:
2695          (i) any rebate, reduction, or abatement of any rate or charge made incident to the
2696     issuance of the title insurance;
2697          (ii) any special favor or advantage not generally available to others;
2698          (iii) any money or other consideration, except if approved under Section 31A-2-405; or
2699          (iv) material inducement.
2700          (b) "Charge made incident to the issuance of the title insurance" includes escrow
2701     charges, and any other services that are prescribed in rule by the Title and Escrow Commission
2702     after consultation with the commissioner and subject to Section 31A-2-404.
2703          (c) An insured or any other person connected, directly or indirectly, with the
2704     transaction may not knowingly receive or accept, directly or indirectly, any benefit referred to
2705     in Subsection (2)(a), including:
2706          (i) a person licensed under Title 61, Chapter 2c, Utah Residential Mortgage Practices
2707     and Licensing Act;
2708          (ii) a person licensed under Title 61, Chapter 2f, Real Estate Licensing and Practices
2709     Act;
2710          (iii) a builder;
2711          (iv) an attorney; or
2712          (v) an officer, employee, or agent of a person listed in this Subsection (2)(c)(iii).
2713          (3) (a) An insurer may not unfairly discriminate among policyholders by charging
2714     different premiums or by offering different terms of coverage, except on the basis of
2715     classifications related to the nature and the degree of the risk covered or the expenses involved.
2716          (b) Rates are not unfairly discriminatory if they are averaged broadly among persons
2717     insured under a group, blanket, or franchise policy, and the terms of those policies are not
2718     unfairly discriminatory merely because they are more favorable than in similar individual
2719     policies.
2720          (4) (a) This Subsection (4) applies to:
2721          (i) a person who is or should be licensed under this title;
2722          (ii) an employee of that licensee or person who should be licensed;
2723          (iii) a person whose primary interest is as a competitor of a person licensed under this
2724     title; and

2725          (iv) one acting on behalf of any person described in Subsections (4)(a)(i) through (iii).
2726          (b) A person described in Subsection (4)(a) may not commit or enter into any
2727     agreement to participate in any act of boycott, coercion, or intimidation that:
2728          (i) tends to produce:
2729          (A) an unreasonable restraint of the business of insurance; or
2730          (B) a monopoly in that business; or
2731          (ii) results in an applicant purchasing or replacing an insurance contract.
2732          (5) (a) (i) Subject to Subsection (5)(a)(ii), a person may not restrict in the choice of an
2733     insurer or licensee under this chapter, another person who is required to pay for insurance as a
2734     condition for the conclusion of a contract or other transaction or for the exercise of any right
2735     under a contract.
2736          (ii) A person requiring coverage may reserve the right to disapprove the insurer or the
2737     coverage selected on reasonable grounds.
2738          (b) The form of corporate organization of an insurer authorized to do business in this
2739     state is not a reasonable ground for disapproval, and the commissioner may by rule specify
2740     additional grounds that are not reasonable. This Subsection (5) does not bar an insurer from
2741     declining an application for insurance.
2742          (6) A person may not make any charge other than insurance premiums and premium
2743     financing charges for the protection of property or of a security interest in property, as a
2744     condition for obtaining, renewing, or continuing the financing of a purchase of the property or
2745     the lending of money on the security of an interest in the property.
2746          (7) (a) A licensee under this title may not refuse or fail to return promptly all indicia of
2747     agency to the principal on demand.
2748          (b) A licensee whose license is suspended, limited, or revoked under Section
2749     31A-2-308, 31A-23a-111, or 31A-23a-112 may not refuse or fail to return the license to the
2750     commissioner on demand.
2751          (8) (a) A person may not engage in an unfair method of competition or any other unfair
2752     or deceptive act or practice in the business of insurance, as defined by the commissioner by
2753     rule, after a finding that the method of competition, the act, or the practice:
2754          (i) is misleading;
2755          (ii) is deceptive;

2756          (iii) is unfairly discriminatory;
2757          (iv) provides an unfair inducement; or
2758          (v) unreasonably restrains competition.
2759          (b) Notwithstanding Subsection (8)(a), for purpose of the title insurance industry, the
2760     Title and Escrow Commission shall make rules, subject to Section 31A-2-404, that define an
2761     unfair method of competition or unfair or deceptive act or practice after a finding that the
2762     method of competition, the act, or the practice:
2763          (i) is misleading;
2764          (ii) is deceptive;
2765          (iii) is unfairly discriminatory;
2766          (iv) provides an unfair inducement; or
2767          (v) unreasonably restrains competition.
2768          Section 27. Section 31A-23a-411.1 is amended to read:
2769          31A-23a-411.1. Person's liability if premium received is not forwarded to the
2770     insurer.
2771          A person commits insurance fraud as described in Subsection 31A-31-103(1)[(f)](g) if
2772     that person knowingly fails to forward to the insurer a premium:
2773          (1) received from one of the following in partial or total payment of the premium due
2774     from:
2775          (a) an applicant;
2776          (b) a policyholder; or
2777          (c) a certificate holder; or
2778          (2) collected from or on behalf of an insured employee under an insured employee
2779     benefit plan.
2780          Section 28. Section 31A-23a-415 is amended to read:
2781          31A-23a-415. Assessment on agency title insurance producers or title insurers --
2782     Account created.
2783          (1) For purposes of this section:
2784          (a) "Premium" is as defined in Subsection 59-9-101(3).
2785          (b) "Title insurer" means a person:
2786          (i) making any contract or policy of title insurance as:

2787          (A) insurer;
2788          (B) guarantor; or
2789          (C) surety;
2790          (ii) proposing to make any contract or policy of title insurance as:
2791          (A) insurer;
2792          (B) guarantor; or
2793          (C) surety; or
2794          (iii) transacting or proposing to transact any phase of title insurance, including:
2795          (A) soliciting;
2796          (B) negotiating preliminary to execution;
2797          (C) executing of a contract of title insurance;
2798          (D) insuring; and
2799          (E) transacting matters subsequent to the execution of the contract and arising out of
2800     the contract.
2801          (c) "Utah risks" means insuring, guaranteeing, or indemnifying with regard to real or
2802     personal property located in Utah, an owner of real or personal property, the holders of liens or
2803     encumbrances on that property, or others interested in the property against loss or damage
2804     suffered by reason of:
2805          (i) liens or encumbrances upon, defects in, or the unmarketability of the title to the
2806     property; or
2807          (ii) invalidity or unenforceability of any liens or encumbrances on the property.
2808          (2) (a) The commissioner may assess each title insurer, each individual title insurance
2809     producer who is not an employee of a title insurer or who is not designated by an agency title
2810     insurance producer, and each agency title insurance producer an annual assessment:
2811          (i) determined by the Title and Escrow Commission:
2812          (A) after consultation with the commissioner; and
2813          (B) in accordance with this Subsection (2); and
2814          (ii) to be used for the purposes described in Subsection (3).
2815          (b) An agency title insurance producer and individual title insurance producer who is
2816     not an employee of a title insurer or who is not designated by an agency title insurance
2817     producer shall be assessed up to:

2818          (i) $250 for the first office in each county in which the agency title insurance producer
2819     or individual title insurance producer maintains an office; and
2820          (ii) $150 for each additional office the agency title insurance producer or individual
2821     title insurance producer maintains in the county described in Subsection (2)(b)(i).
2822          (c) A title insurer shall be assessed up to:
2823          (i) $250 for the first office in each county in which the title insurer maintains an office;
2824          (ii) $150 for each additional office the title insurer maintains in the county described in
2825     Subsection (2)(c)(i); and
2826          (iii) an amount calculated by:
2827          (A) aggregating the assessments imposed on:
2828          (I) agency title insurance producers and individual title insurance producers under
2829     Subsection (2)(b); and
2830          (II) title insurers under Subsections (2)(c)(i) and (2)(c)(ii);
2831          (B) subtracting the amount determined under Subsection (2)(c)(iii)(A) from the total
2832     costs and expenses determined under Subsection (2)(d); and
2833          (C) multiplying:
2834          (I) the amount calculated under Subsection (2)(c)(iii)(B); and
2835          (II) the percentage of total premiums for title insurance on Utah risk that are premiums
2836     of the title insurer.
2837          (d) Notwithstanding Section 31A-3-103 and subject to Section 31A-2-404, the Title
2838     and Escrow Commission by rule shall establish the amount of costs and expenses described
2839     under Subsection (3) that will be covered by the assessment, except the costs or expenses to be
2840     covered by the assessment may not exceed $100,000 annually.
2841          (e) (i) An individual licensed to practice law in Utah is exempt from the requirements
2842     of this Subsection (2) if that person issues 12 or less policies during a 12-month period.
2843          (ii) In determining the number of policies issued by an individual licensed to practice
2844     law in Utah for purposes of Subsection (2)(e)(i), if the individual issues a policy to more than
2845     one party to the same closing, the individual is considered to have issued only one policy.
2846          (3) (a) Money received by the state under this section shall be deposited into the Title
2847     Licensee Enforcement Restricted Account.
2848          (b) There is created in the General Fund a restricted account known as the "Title

2849     Licensee Enforcement Restricted Account."
2850          (c) The Title Licensee Enforcement Restricted Account shall consist of the money
2851     received by the state under this section.
2852          (d) The commissioner shall administer the Title Licensee Enforcement Restricted
2853     Account. Subject to appropriations by the Legislature, the commissioner shall use the money
2854     deposited into the Title Licensee Enforcement Restricted Account only to pay for a cost or
2855     expense incurred by the department in the administration, investigation, and enforcement of
2856     [this part and Part 5, Compensation of Producers and Consultants, related to:] laws governing
2857     individual title insurance producers, agency title insurance producers, or title insurers.
2858          [(i) the marketing of title insurance; and]
2859          [(ii) audits of agency title insurance producers.]
2860          (e) An appropriation from the Title Licensee Enforcement Restricted Account is
2861     nonlapsing.
2862          (4) The assessment imposed by this section shall be in addition to any premium
2863     assessment imposed under Subsection 59-9-101(3).
2864          Section 29. Section 31A-23b-401 is amended to read:
2865          31A-23b-401. Revoking, suspending, surrendering, lapsing, limiting, or otherwise
2866     terminating a license -- Rulemaking for renewal or reinstatement.
2867          (1) A license as a navigator under this chapter remains in force until:
2868          (a) revoked or suspended under Subsection (4);
2869          (b) surrendered to the commissioner and accepted by the commissioner in lieu of
2870     administrative action;
2871          (c) the licensee dies or is adjudicated incompetent as defined under:
2872          (i) Title 75, Chapter 5, Part 3, Guardians of Incapacitated Persons; or
2873          (ii) Title 75, Chapter 5, Part 4, Protection of Property of Persons Under Disability and
2874     Minors;
2875          (d) lapsed under this section; or
2876          (e) voluntarily surrendered.
2877          (2) The following may be reinstated within one year after the day on which the license
2878     is no longer in force:
2879          (a) a lapsed license; or

2880          (b) a voluntarily surrendered license, except that a voluntarily surrendered license may
2881     not be reinstated after the license period in which the license is voluntarily surrendered.
2882          (3) Unless otherwise stated in a written agreement for the voluntary surrender of a
2883     license, submission and acceptance of a voluntary surrender of a license does not prevent the
2884     department from pursuing additional disciplinary or other action authorized under:
2885          (a) this title; or
2886          (b) rules made under this title in accordance with Title 63G, Chapter 3, Utah
2887     Administrative Rulemaking Act.
2888          (4) (a) If the commissioner makes a finding under Subsection (4)(b), as part of an
2889     adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act, the
2890     commissioner may:
2891          (i) revoke a license;
2892          (ii) suspend a license for a specified period of 12 months or less;
2893          (iii) limit a license in whole or in part;
2894          (iv) deny a license application;
2895          (v) assess a forfeiture under Subsection 31A-2-308(1)(b)(i) or (1)(c)(i); or
2896          (vi) take a combination of actions under Subsections (4)(a)(i) through (iv) and
2897     Subsection (4)(a)(v).
2898          (b) The commissioner may take an action described in Subsection (4)(a) if the
2899     commissioner finds that the licensee:
2900          (i) is unqualified for a license under Section 31A-23b-204, 31A-23b-205, or
2901     31A-23b-206;
2902          (ii) violated:
2903          (A) an insurance statute;
2904          (B) a rule that is valid under Subsection 31A-2-201(3); or
2905          (C) an order that is valid under Subsection 31A-2-201(4);
2906          (iii) is insolvent or the subject of receivership, conservatorship, rehabilitation, or other
2907     delinquency proceedings in any state;
2908          (iv) failed to pay a final judgment rendered against the person in this state within 60
2909     days after the day on which the judgment became final;
2910          (v) refused:

2911          (A) to be examined; or
2912          (B) to produce its accounts, records, and files for examination;
2913          (vi) had an officer who refused to:
2914          (A) give information with respect to the navigator's affairs; or
2915          (B) perform any other legal obligation as to an examination;
2916          (vii) provided information in the license application that is:
2917          (A) incorrect;
2918          (B) misleading;
2919          (C) incomplete; or
2920          (D) materially untrue;
2921          (viii) violated an insurance law, valid rule, or valid order of another regulatory agency
2922     in any jurisdiction;
2923          (ix) obtained or attempted to obtain a license through misrepresentation or fraud;
2924          (x) improperly withheld, misappropriated, or converted money or properties received
2925     in the course of doing insurance business;
2926          (xi) intentionally misrepresented the terms of an actual or proposed:
2927          (A) insurance contract;
2928          (B) application for insurance; or
2929          (C) application for public program;
2930          (xii) [is] has been convicted of:
2931          (A) a felony; or
2932          (B) a misdemeanor involving fraud, misrepresentation, theft, or dishonesty;
2933          (xiii) admitted or is found to have committed an insurance unfair trade practice or
2934     fraud;
2935          (xiv) in the conduct of business in this state or elsewhere:
2936          (A) used fraudulent, coercive, or dishonest practices; or
2937          (B) demonstrated incompetence, untrustworthiness, or financial irresponsibility;
2938          (xv) has had an insurance license, navigator license, or [its equivalent,] other
2939     professional or occupational license or registration, or an equivalent of the same denied,
2940     suspended, [or] revoked [in another state, province, district, or territory], or surrendered to
2941     resolve an administrative action;

2942          (xvi) forged another's name to:
2943          (A) an application for insurance;
2944          (B) a document related to an insurance transaction;
2945          (C) a document related to an application for a public program; or
2946          (D) a document related to an application for premium subsidies;
2947          (xvii) improperly used notes or another reference material to complete an examination
2948     for a license;
2949          (xviii) knowingly accepted insurance business from an individual who is not licensed;
2950          (xix) failed to comply with an administrative or court order imposing a child support
2951     obligation;
2952          (xx) failed to:
2953          (A) pay state income tax; or
2954          (B) comply with an administrative or court order directing payment of state income
2955     tax;
2956          (xxi) [violated or permitted others to violate] has been convicted of violating the
2957     federal Violent Crime Control and Law Enforcement Act of 1994, 18 U.S.C. Sec. 1033 and
2958     [therefore under] has not obtained written consent to engage in the business of insurance or
2959     participate in such business as required by 18 U.S.C. Sec. 1033 [is prohibited from engaging in
2960     the business of insurance; or];
2961          (xxii) engaged in a method or practice in the conduct of business that endangered the
2962     legitimate interests of customers and the public[.]; or
2963          (xxiii) has been convicted of any criminal felony involving dishonesty or breach of
2964     trust and has not obtained written consent to engage in the business of insurance or participate
2965     in such business as required by 18 U.S.C. Sec. 1033.
2966          (c) For purposes of this section, if a license is held by an agency, both the agency itself
2967     and any individual designated under the license are considered to be the holders of the license.
2968          (d) If an individual designated under the agency license commits an act or fails to
2969     perform a duty that is a ground for suspending, revoking, or limiting the individual's license,
2970     the commissioner may suspend, revoke, or limit the license of:
2971          (i) the individual;
2972          (ii) the agency, if the agency:

2973          (A) is reckless or negligent in its supervision of the individual; or
2974          (B) knowingly participates in the act or failure to act that is the ground for suspending,
2975     revoking, or limiting the license; or
2976          (iii) (A) the individual; and
2977          (B) the agency if the agency meets the requirements of Subsection (4)(d)(ii).
2978          (5) A licensee under this chapter is subject to the penalties for acting as a licensee
2979     without a license if:
2980          (a) the licensee's license is:
2981          (i) revoked;
2982          (ii) suspended;
2983          (iii) surrendered in lieu of administrative action;
2984          (iv) lapsed; or
2985          (v) voluntarily surrendered; and
2986          (b) the licensee:
2987          (i) continues to act as a licensee; or
2988          (ii) violates the terms of the license limitation.
2989          (6) A licensee under this chapter shall immediately report to the commissioner:
2990          (a) a revocation, suspension, or limitation of the person's license in another state, the
2991     District of Columbia, or a territory of the United States;
2992          (b) the imposition of a disciplinary sanction imposed on that person by another state,
2993     the District of Columbia, or a territory of the United States; or
2994          (c) a judgment or injunction entered against that person on the basis of conduct
2995     involving:
2996          (i) fraud;
2997          (ii) deceit;
2998          (iii) misrepresentation; or
2999          (iv) a violation of an insurance law or rule.
3000          (7) (a) An order revoking a license under Subsection (4) or an agreement to surrender a
3001     license in lieu of administrative action may specify a time, not to exceed five years, within
3002     which the former licensee may not apply for a new license.
3003          (b) If no time is specified in an order or agreement described in Subsection (7)(a), the

3004     former licensee may not apply for a new license for five years from the day on which the order
3005     or agreement is made without the express approval of the commissioner.
3006          (8) The commissioner shall promptly withhold, suspend, restrict, or reinstate the use of
3007     a license issued under this chapter if so ordered by a court.
3008          (9) The commissioner shall by rule prescribe the license renewal and reinstatement
3009     procedures in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3010          Section 30. Section 31A-25-208 is amended to read:
3011          31A-25-208. Revoking, suspending, surrendering, lapsing, limiting, or otherwise
3012     terminating a license -- Rulemaking for renewal and reinstatement.
3013          (1) A license type issued under this chapter remains in force until:
3014          (a) revoked or suspended under Subsection (4);
3015          (b) surrendered to the commissioner and accepted by the commissioner in lieu of
3016     administrative action;
3017          (c) the licensee dies or is adjudicated incompetent as defined under:
3018          (i) Title 75, Chapter 5, Part 3, Guardians of Incapacitated Persons; or
3019          (ii) Title 75, Chapter 5, Part 4, Protection of Property of Persons Under Disability and
3020     Minors;
3021          (d) lapsed under Section 31A-25-210; or
3022          (e) voluntarily surrendered.
3023          (2) The following may be reinstated within one year after the day on which the license
3024     is no longer in force:
3025          (a) a lapsed license; or
3026          (b) a voluntarily surrendered license, except that a voluntarily surrendered license may
3027     not be reinstated after the license period in which the license is voluntarily surrendered.
3028          (3) Unless otherwise stated in a written agreement for the voluntary surrender of a
3029     license, submission and acceptance of a voluntary surrender of a license does not prevent the
3030     department from pursuing additional disciplinary or other action authorized under:
3031          (a) this title; or
3032          (b) rules made under this title in accordance with Title 63G, Chapter 3, Utah
3033     Administrative Rulemaking Act.
3034          (4) (a) If the commissioner makes a finding under Subsection (4)(b), as part of an

3035     adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act, the
3036     commissioner may:
3037          (i) revoke a license;
3038          (ii) suspend a license for a specified period of 12 months or less;
3039          (iii) limit a license in whole or in part; or
3040          (iv) deny a license application.
3041          (b) The commissioner may take an action described in Subsection (4)(a) if the
3042     commissioner finds that the licensee:
3043          (i) is unqualified for a license under Section 31A-25-202, 31A-25-203, or 31A-25-204;
3044          (ii) has violated:
3045          (A) an insurance statute;
3046          (B) a rule that is valid under Subsection 31A-2-201(3); or
3047          (C) an order that is valid under Subsection 31A-2-201(4);
3048          (iii) is insolvent or the subject of receivership, conservatorship, rehabilitation, or other
3049     delinquency proceedings in any state;
3050          (iv) fails to pay a final judgment rendered against the person in this state within 60
3051     days after the day on which the judgment became final;
3052          (v) fails to meet the same good faith obligations in claims settlement that is required of
3053     admitted insurers;
3054          (vi) is affiliated with and under the same general management or interlocking
3055     directorate or ownership as another third party administrator that transacts business in this state
3056     without a license;
3057          (vii) refuses:
3058          (A) to be examined; or
3059          (B) to produce its accounts, records, and files for examination;
3060          (viii) has an officer who refuses to:
3061          (A) give information with respect to the third party administrator's affairs; or
3062          (B) perform any other legal obligation as to an examination;
3063          (ix) provides information in the license application that is:
3064          (A) incorrect;
3065          (B) misleading;

3066          (C) incomplete; or
3067          (D) materially untrue;
3068          (x) has violated an insurance law, valid rule, or valid order of another regulatory
3069     agency in any jurisdiction;
3070          (xi) has obtained or attempted to obtain a license through misrepresentation or fraud;
3071          (xii) has improperly withheld, misappropriated, or converted money or properties
3072     received in the course of doing insurance business;
3073          (xiii) has intentionally misrepresented the terms of an actual or proposed:
3074          (A) insurance contract; or
3075          (B) application for insurance;
3076          (xiv) has been convicted of:
3077          (A) a felony; or
3078          (B) a misdemeanor involving fraud, misrepresentation, theft, or dishonesty;
3079          (xv) has admitted or been found to have committed an insurance unfair trade practice
3080     or fraud;
3081          (xvi) in the conduct of business in this state or elsewhere has:
3082          (A) used fraudulent, coercive, or dishonest practices; or
3083          (B) demonstrated incompetence, untrustworthiness, or financial irresponsibility;
3084          (xvii) has had an insurance license or [its equivalent,] other professional or
3085     occupational license or registration, or an equivalent of the same, denied, suspended, [or]
3086     revoked [in any other state, province, district, or territory], or surrendered to resolve an
3087     administrative action;
3088          (xviii) has forged another's name to:
3089          (A) an application for insurance; or
3090          (B) a document related to an insurance transaction;
3091          (xix) has improperly used notes or any other reference material to complete an
3092     examination for an insurance license;
3093          (xx) has knowingly accepted insurance business from an individual who is not
3094     licensed;
3095          (xxi) has failed to comply with an administrative or court order imposing a child
3096     support obligation;

3097          (xxii) has failed to:
3098          (A) pay state income tax; or
3099          (B) comply with an administrative or court order directing payment of state income
3100     tax;
3101          (xxiii) has violated or permitted others to violate the federal Violent Crime Control and
3102     Law Enforcement Act of 1994, 18 U.S.C. Sec. 1033 and therefore under 18 U.S.C. Sec. 1033 is
3103     prohibited from engaging in the business of insurance; or
3104          (xxiv) has engaged in methods and practices in the conduct of business that endanger
3105     the legitimate interests of customers and the public.
3106          (c) For purposes of this section, if a license is held by an agency, both the agency itself
3107     and any individual designated under the license are considered to be the holders of the agency
3108     license.
3109          (d) If an individual designated under the agency license commits an act or fails to
3110     perform a duty that is a ground for suspending, revoking, or limiting the individual's license,
3111     the commissioner may suspend, revoke, or limit the license of:
3112          (i) the individual;
3113          (ii) the agency if the agency:
3114          (A) is reckless or negligent in its supervision of the individual; or
3115          (B) knowingly participated in the act or failure to act that is the ground for suspending,
3116     revoking, or limiting the license; or
3117          (iii) (A) the individual; and
3118          (B) the agency if the agency meets the requirements of Subsection (4)(d)(ii).
3119          (5) A licensee under this chapter is subject to the penalties for acting as a licensee
3120     without a license if:
3121          (a) the licensee's license is:
3122          (i) revoked;
3123          (ii) suspended;
3124          (iii) limited;
3125          (iv) surrendered in lieu of administrative action;
3126          (v) lapsed; or
3127          (vi) voluntarily surrendered; and

3128          (b) the licensee:
3129          (i) continues to act as a licensee; or
3130          (ii) violates the terms of the license limitation.
3131          (6) A licensee under this chapter shall immediately report to the commissioner:
3132          (a) a revocation, suspension, or limitation of the person's license in any other state, the
3133     District of Columbia, or a territory of the United States;
3134          (b) the imposition of a disciplinary sanction imposed on that person by any other state,
3135     the District of Columbia, or a territory of the United States; or
3136          (c) a judgment or injunction entered against the person on the basis of conduct
3137     involving:
3138          (i) fraud;
3139          (ii) deceit;
3140          (iii) misrepresentation; or
3141          (iv) a violation of an insurance law or rule.
3142          (7) (a) An order revoking a license under Subsection (4) or an agreement to surrender a
3143     license in lieu of administrative action may specify a time, not to exceed five years, within
3144     which the former licensee may not apply for a new license.
3145          (b) If no time is specified in the order or agreement described in Subsection (7)(a), the
3146     former licensee may not apply for a new license for five years from the day on which the order
3147     or agreement is made without the express approval of the commissioner.
3148          (8) The commissioner shall promptly withhold, suspend, restrict, or reinstate the use of
3149     a license issued under this part if so ordered by the court.
3150          (9) The commissioner shall by rule prescribe the license renewal and reinstatement
3151     procedures in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3152          Section 31. Section 31A-26-213 is amended to read:
3153          31A-26-213. Revoking, suspending, surrendering, lapsing, limiting, or otherwise
3154     terminating a license -- Forfeiture -- Rulemaking for renewal or reinstatement.
3155          (1) A license type issued under this chapter remains in force until:
3156          (a) revoked or suspended under Subsection (5);
3157          (b) surrendered to the commissioner and accepted by the commissioner in lieu of
3158     administrative action;

3159          (c) the licensee dies or is adjudicated incompetent as defined under:
3160          (i) Title 75, Chapter 5, Part 3, Guardians of Incapacitated Persons; or
3161          (ii) Title 75, Chapter 5, Part 4, Protection of Property of Persons Under Disability and
3162     Minors;
3163          (d) lapsed under Section 31A-26-214.5; or
3164          (e) voluntarily surrendered.
3165          (2) The following may be reinstated within one year after the day on which the license
3166     is no longer in force:
3167          (a) a lapsed license; or
3168          (b) a voluntarily surrendered license, except that a voluntarily surrendered license may
3169     not be reinstated after the license period in which it is voluntarily surrendered.
3170          (3) Unless otherwise stated in a written agreement for the voluntary surrender of a
3171     license, submission and acceptance of a voluntary surrender of a license does not prevent the
3172     department from pursuing additional disciplinary or other action authorized under:
3173          (a) this title; or
3174          (b) rules made under this title in accordance with Title 63G, Chapter 3, Utah
3175     Administrative Rulemaking Act.
3176          (4) A license classification issued under this chapter remains in force until:
3177          (a) the qualifications pertaining to a license classification are no longer met by the
3178     licensee; or
3179          (b) the supporting license type:
3180          (i) is revoked or suspended under Subsection (5); or
3181          (ii) is surrendered to the commissioner and accepted by the commissioner in lieu of
3182     administrative action.
3183          (5) (a) If the commissioner makes a finding under Subsection (5)(b) as part of an
3184     adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act, the
3185     commissioner may:
3186          (i) revoke:
3187          (A) a license; or
3188          (B) a license classification;
3189          (ii) suspend for a specified period of 12 months or less:

3190          (A) a license; or
3191          (B) a license classification;
3192          (iii) limit in whole or in part:
3193          (A) a license; or
3194          (B) a license classification;
3195          (iv) deny a license application;
3196          (v) assess a forfeiture under Subsection 31A-2-308(1)(b)(i) or (1)(c)(i); or
3197          (vi) take a combination of actions under Subsections (5)(a)(i) through (iv) and
3198     Subsection (5)(a)(v).
3199          (b) The commissioner may take an action described in Subsection (5)(a) if the
3200     commissioner finds that the licensee:
3201          (i) is unqualified for a license or license classification under Section 31A-26-202,
3202     31A-26-203, 31A-26-204, or 31A-26-205;
3203          (ii) has violated:
3204          (A) an insurance statute;
3205          (B) a rule that is valid under Subsection 31A-2-201(3); or
3206          (C) an order that is valid under Subsection 31A-2-201(4);
3207          (iii) is insolvent, or the subject of receivership, conservatorship, rehabilitation, or other
3208     delinquency proceedings in any state;
3209          (iv) fails to pay a final judgment rendered against the person in this state within 60
3210     days after the judgment became final;
3211          (v) fails to meet the same good faith obligations in claims settlement that is required of
3212     admitted insurers;
3213          (vi) is affiliated with and under the same general management or interlocking
3214     directorate or ownership as another insurance adjuster that transacts business in this state
3215     without a license;
3216          (vii) refuses:
3217          (A) to be examined; or
3218          (B) to produce its accounts, records, and files for examination;
3219          (viii) has an officer who refuses to:
3220          (A) give information with respect to the insurance adjuster's affairs; or

3221          (B) perform any other legal obligation as to an examination;
3222          (ix) provides information in the license application that is:
3223          (A) incorrect;
3224          (B) misleading;
3225          (C) incomplete; or
3226          (D) materially untrue;
3227          (x) has violated an insurance law, valid rule, or valid order of another regulatory
3228     agency in any jurisdiction;
3229          (xi) has obtained or attempted to obtain a license through misrepresentation or fraud;
3230          (xii) has improperly withheld, misappropriated, or converted money or properties
3231     received in the course of doing insurance business;
3232          (xiii) has intentionally misrepresented the terms of an actual or proposed:
3233          (A) insurance contract; or
3234          (B) application for insurance;
3235          (xiv) has been convicted of:
3236          (A) a felony; or
3237          (B) a misdemeanor involving fraud, misrepresentation, theft, or dishonesty;
3238          (xv) has admitted or been found to have committed an insurance unfair trade practice
3239     or fraud;
3240          (xvi) in the conduct of business in this state or elsewhere has:
3241          (A) used fraudulent, coercive, or dishonest practices; or
3242          (B) demonstrated incompetence, untrustworthiness, or financial irresponsibility;
3243          (xvii) has had an insurance license[, or its equivalent] or other professional or
3244     occupational license or registration, or equivalent, denied, suspended, [or] revoked [in any
3245     other state, province, district, or territory], or surrendered to resolve an administrative action;
3246          (xviii) has forged another's name to:
3247          (A) an application for insurance; or
3248          (B) a document related to an insurance transaction;
3249          (xix) has improperly used notes or any other reference material to complete an
3250     examination for an insurance license;
3251          (xx) has knowingly accepted insurance business from an individual who is not

3252     licensed;
3253          (xxi) has failed to comply with an administrative or court order imposing a child
3254     support obligation;
3255          (xxii) has failed to:
3256          (A) pay state income tax; or
3257          (B) comply with an administrative or court order directing payment of state income
3258     tax;
3259          (xxiii) has [violated or permitted others to violate] been convicted of a violation of the
3260     federal Violent Crime Control and Law Enforcement Act of 1994, 18 U.S.C. Sec. 1033 and
3261     [therefore under 18 U.S.C. Sec. 1033 is prohibited from engaging in the business of insurance]
3262     has not obtained written consent in accordance with 18 U.S.C. Sec. 1033 to engage in the
3263     business of insurance or participate in such business; [or]
3264          (xxiv) has engaged in methods and practices in the conduct of business that endanger
3265     the legitimate interests of customers and the public[.]; or
3266          (xxv) has been convicted of any criminal felony involving dishonesty or breach of trust
3267     and has not obtained written consent in accordance with 18 U.S.C. Sec. 1033 to engage in the
3268     business of insurance or participate in such business.
3269          (c) For purposes of this section, if a license is held by an agency, both the agency itself
3270     and any individual designated under the license are considered to be the holders of the license.
3271          (d) If an individual designated under the agency license commits an act or fails to
3272     perform a duty that is a ground for suspending, revoking, or limiting the individual's license,
3273     the commissioner may suspend, revoke, or limit the license of:
3274          (i) the individual;
3275          (ii) the agency, if the agency:
3276          (A) is reckless or negligent in its supervision of the individual; or
3277          (B) knowingly participated in the act or failure to act that is the ground for suspending,
3278     revoking, or limiting the license; or
3279          (iii) (A) the individual; and
3280          (B) the agency if the agency meets the requirements of Subsection (5)(d)(ii).
3281          (6) A licensee under this chapter is subject to the penalties for conducting an insurance
3282     business without a license if:

3283          (a) the licensee's license is:
3284          (i) revoked;
3285          (ii) suspended;
3286          (iii) limited;
3287          (iv) surrendered in lieu of administrative action;
3288          (v) lapsed; or
3289          (vi) voluntarily surrendered; and
3290          (b) the licensee:
3291          (i) continues to act as a licensee; or
3292          (ii) violates the terms of the license limitation.
3293          (7) A licensee under this chapter shall immediately report to the commissioner:
3294          (a) a revocation, suspension, or limitation of the person's license in any other state, the
3295     District of Columbia, or a territory of the United States;
3296          (b) the imposition of a disciplinary sanction imposed on that person by any other state,
3297     the District of Columbia, or a territory of the United States; or
3298          (c) a judgment or injunction entered against that person on the basis of conduct
3299     involving:
3300          (i) fraud;
3301          (ii) deceit;
3302          (iii) misrepresentation; or
3303          (iv) a violation of an insurance law or rule.
3304          (8) (a) An order revoking a license under Subsection (5) or an agreement to surrender a
3305     license in lieu of administrative action may specify a time not to exceed five years within
3306     which the former licensee may not apply for a new license.
3307          (b) If no time is specified in the order or agreement described in Subsection (8)(a), the
3308     former licensee may not apply for a new license for five years without the express approval of
3309     the commissioner.
3310          (9) The commissioner shall promptly withhold, suspend, restrict, or reinstate the use of
3311     a license issued under this part if so ordered by a court.
3312          (10) The commissioner shall by rule prescribe the license renewal and reinstatement
3313     procedures in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

3314          Section 32. Section 31A-27a-512.1 is enacted to read:
3315          31A-27a-512.1. Indemnitor liability.
3316          (1) (a) Except as otherwise provided in this chapter, the amount recoverable by the
3317     receiver from an indemnitor may not be reduced as a result of a delinquency proceeding with a
3318     finding of insolvency, regardless of any provision in the indemnity contract or other agreement.
3319          (b) To the extent an agreement, written or oral, conflicts with or is not in strict
3320     compliance with this section, the agreement is unenforceable.
3321          (c) Except as expressly provided in this section, a person who is not the receiver,
3322     including a creditor or third-party beneficiary, does not have a right to indemnity proceeds from
3323     any indemnitor of the insolvent insurer:
3324          (i) on the basis of any agreement, written or oral; or
3325          (ii) pursuant to an action or cause of action seeking any equitable or legal remedy.
3326          (d) This section applies to all the insurer's indemnity contracts.
3327          (2) The amount recoverable by the liquidator from an indemnitor is payable under one
3328     or more contract of indemnity on the basis of:
3329          (a) proof of payment of the insured claim by an affected guaranty association, the
3330     insurer, or the receiver, to the extent of payment; or
3331          (b) the allowance of the claim pursuant to:
3332          (i) Section 31A-27a-608;
3333          (ii) an order of the receivership court; or
3334          (iii) a plan of rehabilitation.
3335          (3) If an insurer takes credit for an indemnity contract in a filing or submission made to
3336     the commissioner and the indemnity contract does not contain the provisions required with
3337     respect to the obligations of indemnitor in the event of insolvency of the principal, the
3338     indemnity contract is considered to contain the provisions required with respect to:
3339          (a) the obligations of indemnitors in the event of insolvency of the principal in order to
3340     obtain indemnity; or
3341          (b) other applicable statutes.
3342          (4) An indemnity contract that under Subsection (3) is considered to contain certain
3343     provisions, is considered to contain a provision that:
3344          (a) in the event of insolvency and the appointment of a receiver, the indemnity

3345     obligation is payable to the indemnified insurer or to its receiver without diminution because of
3346     the insolvency or because the receiver fails to pay all or a portion of the claim;
3347          (b) payment shall be made upon:
3348          (i) to the extent of the payment, proof of payment of the insured claim by an affected
3349     guaranty association, the insurer, or the receiver; or
3350          (ii) the allowance of the claim pursuant to:
3351          (A) Section 31A-27a-608;
3352          (B) an order of the receivership court; or
3353          (C) a plan of rehabilitation; and
3354          (c) If an indemnitor does not pay the amount billed by the receiver within 60 days after
3355     the mailing by the receiver, interest on the unpaid billed amount will begin to accrue at the
3356     statutory legal rate described in Section 15-1-1, except that all or a portion of the interest may
3357     be waived.
3358          (5) (a) The receiver shall notify in writing, in accordance with the terms of the
3359     indemnity contract, each indemnitor obligated in relation to an indemnified claim or the
3360     pendency of an indemnified claim against the indemnified company.
3361          (b) (i) The receiver's failure to give notice of a pending claim does not excuse the
3362     obligation of the indemnitor, unless the indemnitor is prejudiced by the receiver's failure.
3363          (ii) If the indemnitor is prejudiced by the receiver's failure, indemnitor's obligation is
3364     reduced only to the extent of the prejudice.
3365          (c) In a proceeding in which an indemnified claim is to be adjudicated, an indemnitor
3366     may interpose, at its own expense, any one or more defenses that the indemnitor considers
3367     available to the indemnified company or its receiver.
3368          (6) The entry of an order of rehabilitation or liquidation is not:
3369          (a) a breach or an anticipatory breach of an indemnity contract; or
3370          (b) grounds for retroactive revocation or retroactive cancellation of an indemnity
3371     contract by the indemnifier.
3372          Section 33. Section 31A-30-103 is amended to read:
3373          31A-30-103. Definitions.
3374          As used in this chapter:
3375          (1) "Actuarial certification" means a written statement by a member of the American

3376     Academy of Actuaries or other individual approved by the commissioner that a covered carrier
3377     is in compliance with this chapter, based upon the examination of the covered carrier, including
3378     review of the appropriate records and of the actuarial assumptions and methods used by the
3379     covered carrier in establishing premium rates for applicable health benefit plans.
3380          (2) "Affiliate" or "affiliated" means a person who directly or indirectly through one or
3381     more intermediaries, controls or is controlled by, or is under common control with, a specified
3382     person.
3383          (3) "Base premium rate" means, for each class of business as to a rating period, the
3384     lowest premium rate charged or that could have been charged under a rating system for that
3385     class of business by the covered carrier to covered insureds with similar case characteristics for
3386     health benefit plans with the same or similar coverage.
3387          (4) (a) "Bona fide employer association" means an association of employers:
3388          (i) that meets the requirements of Subsection 31A-22-701(2)(b);
3389          (ii) in which the employers of the association, either directly or indirectly, exercise
3390     control over the plan;
3391          (iii) that is organized:
3392          (A) based on a commonality of interest between the employers and their employees
3393     that participate in the plan by some common economic or representation interest or genuine
3394     organizational relationship unrelated to the provision of benefits; and
3395          (B) to act in the best interests of its employers to provide benefits for the employer's
3396     employees and their spouses and dependents, and other benefits relating to employment; and
3397          (iv) whose association sponsored health plan complies with 45 C.F.R. 146.121.
3398          (b) The commissioner shall consider the following with regard to determining whether
3399     an association of employers is a bona fide employer association under Subsection (4)(a):
3400          (i) how association members are solicited;
3401          (ii) who participates in the association;
3402          (iii) the process by which the association was formed;
3403          (iv) the purposes for which the association was formed, and what, if any, were the
3404     pre-existing relationships of its members;
3405          (v) the powers, rights and privileges of employer members; and
3406          (vi) who actually controls and directs the activities and operations of the benefit

3407     programs.
3408          (5) "Carrier" means a person that provides health insurance in this state including:
3409          (a) an insurance company;
3410          (b) a prepaid hospital or medical care plan;
3411          (c) a health maintenance organization;
3412          (d) a multiple employer welfare arrangement; and
3413          (e) another person providing a health insurance plan under this title.
3414          (6) (a) Except as provided in Subsection (6)(b), "case characteristics" means
3415     demographic or other objective characteristics of a covered insured that are considered by the
3416     carrier in determining premium rates for the covered insured.
3417          (b) "Case characteristics" do not include:
3418          (i) duration of coverage since the policy was issued;
3419          (ii) claim experience; and
3420          (iii) health status.
3421          (7) "Class of business" means all or a separate grouping of covered insureds that is
3422     permitted by the commissioner in accordance with Section 31A-30-105.
3423          (8) "Covered carrier" means an individual carrier or small employer carrier subject to
3424     this chapter.
3425          (9) "Covered individual" means an individual who is covered under a health benefit
3426     plan subject to this chapter.
3427          (10) "Covered insureds" means small employers and individuals who are issued a
3428     health benefit plan that is subject to this chapter.
3429          (11) "Dependent" means an individual to the extent that the individual is defined to be
3430     a dependent by:
3431          (a) the health benefit plan covering the covered individual; and
3432          (b) Chapter 22, Part 6, Accident and Health Insurance.
3433          (12) "Established geographic service area" means a geographical area approved by the
3434     commissioner within which the carrier is authorized to provide coverage.
3435          (13) "Index rate" means, for each class of business as to a rating period for covered
3436     insureds with similar case characteristics, the arithmetic average of the applicable base
3437     premium rate and the corresponding highest premium rate.

3438          (14) "Individual carrier" means a carrier that provides coverage on an individual basis
3439     through a health benefit plan regardless of whether:
3440          (a) coverage is offered through:
3441          (i) an association;
3442          (ii) a trust;
3443          (iii) a discretionary group; or
3444          (iv) other similar groups; or
3445          (b) the policy or contract is situated out-of-state.
3446          (15) "Individual conversion policy" means a conversion policy issued to:
3447          (a) an individual; or
3448          (b) an individual with a family.
3449          (16) "New business premium rate" means, for each class of business as to a rating
3450     period, the lowest premium rate charged or offered, or that could have been charged or offered,
3451     by the carrier to covered insureds with similar case characteristics for newly issued health
3452     benefit plans with the same or similar coverage.
3453          (17) "Premium" means money paid by covered insureds and covered individuals as a
3454     condition of receiving coverage from a covered carrier, including fees or other contributions
3455     associated with the health benefit plan.
3456          (18) (a) "Rating period" means the calendar period for which premium rates
3457     established by a covered carrier are assumed to be in effect, as determined by the carrier.
3458          (b) A covered carrier may not have:
3459          (i) more than one rating period in any calendar month; and
3460          (ii) no more than 12 rating periods in any calendar year.
3461          [(19) "Short-term limited duration insurance" means a health benefit product that:]
3462          [(a) is not renewable; and]
3463          [(b) has an expiration date specified in the contract that is less than 364 days after the
3464     date the plan became effective.]
3465          [(20)] (19) "Small employer carrier" means a carrier that provides health benefit plans
3466     covering eligible employees of one or more small employers in this state, regardless of
3467     whether:
3468          (a) coverage is offered through:

3469          (i) an association;
3470          (ii) a trust;
3471          (iii) a discretionary group; or
3472          (iv) other similar grouping; or
3473          (b) the policy or contract is situated out-of-state.
3474          Section 34. Section 31A-30-118 is amended to read:
3475          31A-30-118. Patient Protection and Affordable Care Act -- State insurance
3476     mandates -- Cost of additional benefits.
3477          (1) (a) The commissioner shall identify a new mandated benefit that is in excess of the
3478     essential health benefits required by PPACA.
3479          (b) The state shall quantify the cost attributable to each additional mandated benefit
3480     specified in Subsection (1)(a) based on a qualified health plan issuer's calculation of the cost
3481     associated with the mandated benefit, which shall be:
3482          (i) calculated in accordance with generally accepted actuarial principles and
3483     methodologies;
3484          (ii) conducted by a member of the American Academy of Actuaries; and
3485          (iii) reported to the commissioner and to the individual exchange operating in the state.
3486          (c) The commissioner may require a proponent of a new mandated benefit under
3487     Subsection (1)(a) to provide the commissioner with a cost analysis conducted in accordance
3488     with Subsection (1)(b). The commissioner may use the cost information provided under this
3489     Subsection (1)(c) to establish estimates of the cost to the state under Subsection (2).
3490          (2) If the state is required to defray the cost of additional required benefits under the
3491     provisions of 45 C.F.R. 155.170:
3492          (a) the state shall make the required payments:
3493          (i) in accordance with Subsection (3); and
3494          (ii) directly to the qualified health plan issuer in accordance with 45 C.F.R. 155.170;
3495          (b) an issuer of a qualified health plan that receives a payment under the provisions of
3496     Subsection (1) and 45 C.F.R. 155.170 shall:
3497          (i) reduce the premium charged to the individual on whose behalf the issuer will be
3498     paid under Subsection (1), in an amount equal to the amount of the payment under Subsection
3499     (1); or

3500          (ii) notwithstanding Subsection 31A-23a-402.5(5), provide a premium rebate to an
3501     individual on whose behalf the issuer received a payment under Subsection (1), in an amount
3502     equal to the amount of the payment under Subsection (1); and
3503          (c) a premium rebate made under this section is not a prohibited inducement under
3504     Section 31A-23a-402.5.
3505          (3) A payment required under 45 C.F.R. 155.170(c) shall:
3506          (a) unless otherwise required by PPACA, be based on a statewide average of the cost
3507     of the additional benefit for all issuers who are entitled to payment under the provisions of 45
3508     C.F.R. 155.70; and
3509          (b) be submitted to an issuer through a process established and administered by:
3510          (i) the federal marketplace exchange for the state under PPACA for individual health
3511     plans; or
3512          (ii) Avenue H small employer market exchange for qualified health plans offered on
3513     the exchange.
3514          (4) The commissioner:
3515          (a) may adopt rules as necessary to administer the provisions of this section and 45
3516     C.F.R. 155.170; and
3517          (b) may not establish or implement the process for submitting the payments to an issuer
3518     under Subsection (3)(b)(i) [unless the cost of establishing and implementing the process for
3519     submitting payments is paid for by the federal exchange marketplace].
3520          Section 35. Section 31A-31-103 is amended to read:
3521          31A-31-103. Fraudulent insurance act.
3522          (1) A person commits a fraudulent insurance act if that person with intent to deceive or
3523     defraud:
3524          (a) knowingly presents or causes to be presented to an insurer any oral or written
3525     statement or representation knowing that the statement or representation contains false,
3526     incomplete, or misleading information concerning any fact material to an application for the
3527     issuance or renewal of an insurance policy, certificate, or contract[;], as part of or in support of:
3528          (i) obtaining an insurance policy the insurer would otherwise not issue on the basis of
3529     underwriting criteria applicable to the person;
3530          (ii) a scheme or artifice to avoid paying the premium that an insurer charges on the

3531     basis of underwriting criteria applicable to the person; or
3532          (iii) a scheme or artifice to file an insurance claim for a loss that has already occurred;
3533          (b) [knowingly] presents or causes to be presented to an insurer any oral or written
3534     statement or representation:
3535          (i) (A) as part of, or in support of, a claim for payment or other benefit pursuant to an
3536     insurance policy, certificate, or contract; or
3537          (B) in connection with any civil claim asserted for recovery of damages for personal or
3538     bodily injuries or property damage; and
3539          (ii) knowing that the statement or representation contains false, incomplete, or
3540     misleading information concerning any fact or thing material to the claim;
3541          (c) knowingly accepts a benefit from the proceeds derived from a fraudulent insurance
3542     act;
3543          (d) intentionally, knowingly, or recklessly devises a scheme or artifice to obtain fees
3544     for anything of value, including professional services, by means of false or fraudulent
3545     pretenses, representations, promises, or material omissions;
3546          [(d)] (e) knowingly assists, abets, solicits, or conspires with another to commit a
3547     fraudulent insurance act;
3548          [(e)] (f) knowingly supplies false or fraudulent material information in any document
3549     or statement required by the department;
3550          [(f)] (g) knowingly fails to forward a premium to an insurer in violation of Section
3551     31A-23a-411.1; or
3552          [(g)] (h) knowingly employs, uses, or acts as a runner for the purpose of committing a
3553     fraudulent insurance act.
3554          (2) A service provider commits a fraudulent insurance act if that service provider with
3555     intent to deceive or defraud:
3556          (a) knowingly submits or causes to be submitted a bill or request for payment:
3557          (i) containing charges or costs for an item or service that are substantially in excess of
3558     customary charges or costs for the item or service; or
3559          (ii) containing itemized or delineated fees for what would customarily be considered a
3560     single procedure or service;
3561          (b) knowingly furnishes or causes to be furnished an item or service to a person:

3562          (i) substantially in excess of the needs of the person; or
3563          (ii) of a quality that fails to meet professionally recognized standards;
3564          (c) knowingly accepts a benefit from the proceeds derived from a fraudulent insurance
3565     act; or
3566          (d) assists, abets, solicits, or conspires with another to commit a fraudulent insurance
3567     act.
3568          (3) An insurer commits a fraudulent insurance act if that insurer with intent to deceive
3569     or defraud:
3570          (a) knowingly withholds information or provides false or misleading information with
3571     respect to an application, coverage, benefits, or claims under a policy or certificate;
3572          (b) assists, abets, solicits, or conspires with another to commit a fraudulent insurance
3573     act;
3574          (c) knowingly accepts a benefit from the proceeds derived from a fraudulent insurance
3575     act; or
3576          (d) knowingly supplies false or fraudulent material information in any document or
3577     statement required by the department.
3578          (4) An insurer or service provider is not liable for any fraudulent insurance act
3579     committed by an employee without the authority of the insurer or service provider unless the
3580     insurer or service provider knew or should have known of the fraudulent insurance act.
3581          Section 36. Section 31A-31-107 is amended to read:
3582          31A-31-107. Workers' compensation insurance fraud.
3583          (1) In any action involving workers' compensation insurance, Section 34A-2-110
3584     supersedes this chapter.
3585          (2) Nothing in this section prohibits the department from investigating and pursuing
3586     civil or criminal penalties in accordance with Section 31A-31-109 and Title 34A, Utah Labor
3587     Code, for violations of Section 34A-2-110.
3588          Section 37. Section 31A-35-405 is amended to read:
3589          31A-35-405. Issuance of license -- Denial -- Right of appeal.
3590          (1) After the commissioner receives a complete application, fee, and any additional
3591     information in accordance with Section 31A-35-401, the board shall determine whether the
3592     applicant meets the requirements for issuance of a license under this chapter.

3593          [(1) Upon a determination by the board that a person applying for a bail bond agency
3594     license] (2) (a) If the board determines that the applicant meets the requirements for issuance
3595     of a license under this chapter, the commissioner shall issue to that person a bail bond agency
3596     license.
3597          (b) If the board determines that the applicant does not meet the requirements for
3598     issuance of a license under this chapter, the commissioner shall make a final determination as
3599     to whether to issue a license under this chapter.
3600          [(2)] (3) (a) If the commissioner denies an application for a bail bond agency license
3601     under this chapter, the commissioner shall provide prompt written notification [to the person
3602     applying for licensure:] of the denial by commencing an informal adjudicative proceeding in
3603     accordance with Title 63G, Chapter 4, Administrative Procedures Act.
3604          (b) In a proceeding described in Subsection (3)(a), the commissioner shall hold a
3605     hearing no later than 60 days after the day on which the commissioner receives a request for a
3606     hearing.
3607          [(i) stating the grounds for denial; and]
3608          [(ii) notifying the person applying for licensure as a bail bond agency that:]
3609          [(A) the person is entitled to a hearing if that person wants to contest the denial; and]
3610          [(B) if the person wants a hearing, the person shall submit the request in writing to the
3611     commissioner within 15 days after the issuance of the denial.]
3612          [(b) The department shall schedule a hearing described in Subsection (2)(a) no later
3613     than 60 days after the commissioner's receipt of the request.]
3614          [(c) The department shall hear the appeal, and may:]
3615          [(i) return the case to the commissioner for reconsideration;]
3616          [(ii) modify the commissioner's decision; or]
3617          [(iii) reverse the commissioner's decision.]
3618          [(3) A decision under this section is subject to review under Title 63G, Chapter 4,
3619     Administrative Procedures Act.]
3620          Section 38. Section 31A-37-102 is amended to read:
3621          31A-37-102. Definitions.
3622          As used in this chapter:
3623          (1) (a) "Affiliated company" means a business entity that because of common

3624     ownership, control, operation, or management is in the same corporate or limited liability
3625     company system as:
3626          (i) a parent;
3627          (ii) an industrial insured; or
3628          (iii) a member organization.
3629          (b) Notwithstanding Subsection (1)(a), the commissioner may issue an order finding
3630     that a business entity is not an affiliated company.
3631          (2) "Alien captive insurance company" means an insurer:
3632          (a) formed to write insurance business for a parent or affiliate of the insurer; and
3633          (b) licensed pursuant to the laws of an alien or foreign jurisdiction that imposes
3634     statutory or regulatory standards:
3635          (i) on a business entity transacting the business of insurance in the alien or foreign
3636     jurisdiction; and
3637          (ii) in a form acceptable to the commissioner.
3638          (3) "Applicant captive insurance company" means an entity that has submitted an
3639     application for a certificate of authority for a captive insurance company, unless the application
3640     has been denied or withdrawn.
3641          [(3)] (4) "Association" means a legal association of two or more persons that has been
3642     in continuous existence for at least one year if:
3643          (a) the association or its member organizations:
3644          (i) own, control, or hold with power to vote all of the outstanding voting securities of
3645     an association captive insurance company incorporated as a stock insurer; or
3646          (ii) have complete voting control over an association captive insurance company
3647     incorporated as a mutual insurer;
3648          (b) the association's member organizations collectively constitute all of the subscribers
3649     of an association captive insurance company formed as a reciprocal insurer; or
3650          (c) the association or its member organizations have complete voting control over an
3651     association captive insurance company formed as a limited liability company.
3652          [(4)] (5) "Association captive insurance company" means a business entity that insures
3653     risks of:
3654          (a) a member organization of the association;

3655          (b) an affiliate of a member organization of the association; and
3656          (c) the association.
3657          [(5)] (6) "Branch business" means an insurance business transacted by a branch captive
3658     insurance company in this state.
3659          [(6)] (7) "Branch captive insurance company" means an alien captive insurance
3660     company that has a certificate of authority from the commissioner to transact the business of
3661     insurance in this state through a captive insurance company that is domiciled outside of this
3662     state.
3663          [(7)] (8) "Branch operation" means a business operation of a branch captive insurance
3664     company in this state.
3665          [(8)] (9) "Captive insurance company" means any of the following formed or holding a
3666     certificate of authority under this chapter:
3667          (a) a branch captive insurance company;
3668          (b) a pure captive insurance company;
3669          (c) an association captive insurance company;
3670          (d) a sponsored captive insurance company;
3671          (e) an industrial insured captive insurance company, including an industrial insured
3672     captive insurance company formed as a risk retention group captive in this state pursuant to the
3673     provisions of the Federal Liability Risk Retention Act of 1986;
3674          (f) a special purpose captive insurance company; or
3675          (g) a special purpose financial captive insurance company.
3676          [(9)] (10) "Commissioner" means Utah's Insurance Commissioner or the
3677     commissioner's designee.
3678          [(10)] (11) "Common ownership and control" means that two or more captive
3679     insurance companies are owned or controlled by the same person or group of persons as
3680     follows:
3681          (a) in the case of a captive insurance company that is a stock corporation, the direct or
3682     indirect ownership of 80% or more of the outstanding voting stock of the stock corporation;
3683          (b) in the case of a captive insurance company that is a mutual corporation, the direct
3684     or indirect ownership of 80% or more of the surplus and the voting power of the mutual
3685     corporation;

3686          (c) in the case of a captive insurance company that is a limited liability company, the
3687     direct or indirect ownership by the same member or members of 80% or more of the
3688     membership interests in the limited liability company; or
3689          (d) in the case of a sponsored captive insurance company, a protected cell is a separate
3690     captive insurance company owned and controlled by the protected cell's participant, only if:
3691          (i) the participant is the only participant with respect to the protected cell; and
3692          (ii) the participant is the sponsor or is affiliated with the sponsor of the sponsored
3693     captive insurance company through common ownership and control.
3694          [(11)] (12) "Consolidated debt to total capital ratio" means the ratio of Subsection
3695     [(11)] (12)(a) to (b).
3696          (a) This Subsection [(11)] (12)(a) is an amount equal to the sum of all debts and hybrid
3697     capital instruments including:
3698          (i) all borrowings from depository institutions;
3699          (ii) all senior debt;
3700          (iii) all subordinated debts;
3701          (iv) all trust preferred shares; and
3702          (v) all other hybrid capital instruments that are not included in the determination of
3703     consolidated GAAP net worth issued and outstanding.
3704          (b) This Subsection [(11)] (12)(b) is an amount equal to the sum of:
3705          (i) total capital consisting of all debts and hybrid capital instruments as described in
3706     Subsection [(11)] (12)(a); and
3707          (ii) shareholders' equity determined in accordance with generally accepted accounting
3708     principles for reporting to the United States Securities and Exchange Commission.
3709          [(12)] (13) "Consolidated GAAP net worth" means the consolidated shareholders' or
3710     members' equity determined in accordance with generally accepted accounting principles for
3711     reporting to the United States Securities and Exchange Commission.
3712          [(13)] (14) "Controlled unaffiliated business" means a business entity:
3713          (a) (i) in the case of a pure captive insurance company, that is not in the corporate or
3714     limited liability company system of a parent or the parent's affiliate; or
3715          (ii) in the case of an industrial insured captive insurance company, that is not in the
3716     corporate or limited liability company system of an industrial insured or an affiliated company

3717     of the industrial insured;
3718          (b) (i) in the case of a pure captive insurance company, that has a contractual
3719     relationship with a parent or affiliate; or
3720          (ii) in the case of an industrial insured captive insurance company, that has a
3721     contractual relationship with an industrial insured or an affiliated company of the industrial
3722     insured; and
3723          (c) whose risks that are or will be insured by a pure captive insurance company, an
3724     industrial insured captive insurance company, or both are managed in accordance with
3725     Subsection 31A-37-106(1)(j) by:
3726          (i) (A) a pure captive insurance company; or
3727          (B) an industrial insured captive insurance company; or
3728          (ii) a parent or affiliate of:
3729          (A) a pure captive insurance company; or
3730          (B) an industrial insured captive insurance company.
3731          [(14) "Department" means the Insurance Department.]
3732          (15) "Establisher" means a person who establishes a business entity or a trust.
3733          (16) "Governing body" means the persons who hold the ultimate authority to direct and
3734     manage the affairs of an entity.
3735          [(15)] (17) "Industrial insured" means an insured:
3736          (a) that produces insurance:
3737          (i) by the services of a full-time employee acting as a risk manager or insurance
3738     manager; or
3739          (ii) using the services of a regularly and continuously qualified insurance consultant;
3740          (b) whose aggregate annual premiums for insurance on all risks total at least $25,000;
3741     and
3742          (c) that has at least 25 full-time employees.
3743          [(16)] (18) "Industrial insured captive insurance company" means a business entity
3744     that:
3745          (a) insures risks of the industrial insureds that comprise the industrial insured group;
3746     and
3747          (b) may insure the risks of:

3748          (i) an affiliated company of an industrial insured; or
3749          (ii) a controlled unaffiliated business of:
3750          (A) an industrial insured; or
3751          (B) an affiliated company of an industrial insured.
3752          [(17)] (19) "Industrial insured group" means:
3753          (a) a group of industrial insureds that collectively:
3754          (i) own, control, or hold with power to vote all of the outstanding voting securities of
3755     an industrial insured captive insurance company incorporated or organized as a limited liability
3756     company as a stock insurer; or
3757          (ii) have complete voting control over an industrial insured captive insurance company
3758     incorporated or organized as a limited liability company as a mutual insurer;
3759          (b) a group that is:
3760          (i) created under the Product Liability Risk Retention Act of 1981, 15 U.S.C. Sec. 3901
3761     et seq., as amended, as a corporation or other limited liability association; and
3762          (ii) taxable under this title as a:
3763          (A) stock corporation; or
3764          (B) mutual insurer; or
3765          (c) a group that has complete voting control over an industrial captive insurance
3766     company formed as a limited liability company.
3767          [(18)] (20) "Member organization" means a person that belongs to an association.
3768          [(19)] (21) "Parent" means a person that directly or indirectly owns, controls, or holds
3769     with power to vote more than 50% of[:] the outstanding securities of an organization.
3770          [(a) the outstanding voting securities of a pure captive insurance company; or]
3771          [(b) the pure captive insurance company, if the pure captive insurance company is
3772     formed as a limited liability company.]
3773          [(20)] (22) "Participant" means an entity that is insured by a sponsored captive
3774     insurance company:
3775          (a) if the losses of the participant are limited through a participant contract to the assets
3776     of a protected cell; and
3777          (b)(i) the entity is permitted to be a participant under Section 31A-37-403; or
3778          (ii) the entity is an affiliate of an entity permitted to be a participant under Section

3779     31A-37-403.
3780          [(21)] (23) "Participant contract" means a contract by which a sponsored captive
3781     insurance company:
3782          (a) insures the risks of a participant; and
3783          (b) limits the losses of the participant to the assets of a protected cell.
3784          [(22)] (24) "Protected cell" means a separate account established and maintained by a
3785     sponsored captive insurance company for one participant.
3786          [(23)] (25) "Pure captive insurance company" means a business entity that insures risks
3787     of a parent or affiliate of the business entity.
3788          [(24)] (26) "Special purpose financial captive insurance company" is as defined in
3789     Section 31A-37a-102.
3790          [(25)] (27) "Sponsor" means an entity that:
3791          (a) meets the requirements of Section 31A-37-402; and
3792          (b) is approved by the commissioner to:
3793          (i) provide all or part of the capital and surplus required by applicable law in an amount
3794     of not less than $350,000, which amount the commissioner may increase by order if the
3795     commissioner considers it necessary; and
3796          (ii) organize and operate a sponsored captive insurance company.
3797          [(26)] (28) "Sponsored captive insurance company" means a captive insurance
3798     company:
3799          (a) in which the minimum capital and surplus required by applicable law is provided by
3800     one or more sponsors;
3801          (b) that is formed or holding a certificate of authority under this chapter;
3802          (c) that insures the risks of a separate participant through the contract; and
3803          (d) that segregates each participant's liability through one or more protected cells.
3804          [(27)] (29) "Treasury rates" means the United States Treasury strip asked yield as
3805     published in the Wall Street Journal as of a balance sheet date.
3806          Section 39. Section 31A-37-103 is amended to read:
3807          31A-37-103. Chapter exclusivity.
3808          (1) Except as provided in Subsections (2) and (3) or otherwise provided in this chapter,
3809     a provision of this title other than this chapter does not apply to a captive insurance company.

3810          (2) To the extent that a provision of the following does not contradict this chapter, the
3811     provision applies to a captive insurance company that receives a certificate of authority under
3812     this chapter:
3813          (a) Chapter 1, General Provisions;
3814          [(a)] (b) Chapter 2, Administration of the Insurance Laws;
3815          [(b)] (c) Chapter 4, Insurers in General;
3816          [(c)] (d) Chapter 5, Domestic Stock and Mutual Insurance Corporations;
3817          [(d)] (e) Chapter 14, Foreign Insurers;
3818          [(e)] (f) Chapter 16, Insurance Holding Companies;
3819          [(f)] (g) Chapter 17, Determination of Financial Condition;
3820          [(g)] (h) Chapter 18, Investments;
3821          [(h)] (i) Chapter 19a, Utah Rate Regulation Act;
3822          [(i)] (j) Chapter 27, Delinquency Administrative Action Provisions; and
3823          [(j)] (k) Chapter 27a, Insurer Receivership Act.
3824          (3) In addition to this chapter, and subject to Section 31A-37a-103:
3825          (a) Chapter 37a, Special Purpose Financial Captive Insurance Company Act, applies to
3826     a special purpose financial captive insurance company; and
3827          (b) for purposes of a special purpose financial captive insurance company, a reference
3828     in this chapter to "this chapter" includes a reference to Chapter 37a, Special Purpose Financial
3829     Captive Insurance Company Act.
3830          (4) In addition to this chapter, an industrial group captive insurance company formed
3831     as a risk retention group captive is subject to Chapter 15, Part 2, Risk Retention Groups Act, to
3832     the extent that this chapter is silent regarding regulation of risk retention groups conducting
3833     business in the state.
3834          Section 40. Section 31A-37-106 is amended to read:
3835          31A-37-106. Authority to make rules -- Authority to issue orders.
3836          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3837     commissioner may adopt rules to:
3838          (a) determine circumstances under which a branch captive insurance company is not
3839     required to be a pure captive insurance company;
3840          (b) require a statement, document, or information that a captive insurance company

3841     shall provide to the commissioner to obtain a certificate of authority;
3842          (c) determine a factor a captive insurance company shall provide evidence of under
3843     Subsection [31A-37-202] 31A-37-201 (4)(b);
3844          (d) prescribe one or more capital requirements for a captive insurance company in
3845     addition to those required under Section 31A-37-204 based on the type, volume, and nature of
3846     insurance business transacted by the captive insurance company;
3847          (e) waive or modify a requirement for public notice and hearing for the following by a
3848     captive insurance company:
3849          (i) merger;
3850          (ii) consolidation;
3851          (iii) conversion;
3852          (iv) mutualization;
3853          (v) redomestication; or
3854          (vi) acquisition;
3855          (f) approve the use of one or more reliable methods of valuation and rating for:
3856          (i) an association captive insurance company;
3857          (ii) a sponsored captive insurance company; or
3858          (iii) an industrial insured group;
3859          (g) prohibit or limit an investment that threatens the solvency or liquidity of:
3860          (i) a pure captive insurance company; or
3861          (ii) an industrial insured captive insurance company;
3862          (h) determine the financial reports a sponsored captive insurance company shall
3863     annually file with the commissioner;
3864          (i) prescribe the required forms and reports under Section 31A-37-501; [and]
3865          (j) establish one or more standards to ensure that:
3866          (i) one of the following is able to exercise control of the risk management function of a
3867     controlled unaffiliated business to be insured by a pure captive insurance company:
3868          (A) a parent; or
3869          (B) an affiliated company of a parent; or
3870          (ii) one of the following is able to exercise control of the risk management function of
3871     a controlled unaffiliated business to be insured by an industrial insured captive insurance

3872     company:
3873          (A) an industrial insured; or
3874          (B) an affiliated company of the industrial insured[.]; and
3875          (k) establish requirements for obtaining, maintaining, and renewing a certificate of
3876     dormancy.
3877          (2) Notwithstanding Subsection (1)(j), until the commissioner adopts the rules
3878     authorized under Subsection (1)(j), the commissioner may by temporary order grant authority
3879     to insure risks to:
3880          (a) a pure captive insurance company; or
3881          (b) an industrial insured captive insurance company.
3882          (3) The commissioner may issue prohibitory, mandatory, and other orders relating to a
3883     captive insurance company as necessary to enable the commissioner to secure compliance with
3884     this chapter.
3885          Section 41. Section 31A-37-201 is amended to read:
3886          31A-37-201. Certificate of authority.
3887          (1) The commissioner may issue a certificate of authority to act as an insurer in this
3888     state to a captive insurance company that meets the requirements of this chapter.
3889          (2) To conduct insurance business in this state, a captive insurance company shall:
3890          (a) obtain from the commissioner a certificate of authority authorizing it to conduct
3891     insurance business in this state;
3892          (b) hold at least once each year in the state a meeting of the governing body;
3893          (c) maintain in this state:
3894          (i) the principal place of business of the captive insurance company; or
3895          (ii) in the case of a branch captive insurance company, the principal place of business
3896     for the branch operations of the branch captive insurance company; and
3897          (d) except as provided in Subsection (3), appoint a resident registered agent to accept
3898     service of process and to otherwise act on behalf of the captive insurance company in the state.
3899          (3) In the case of a captive insurance company formed as a corporation, if the
3900     registered agent cannot with reasonable diligence be found at the registered office of the
3901     captive insurance company, the commissioner is the agent of the captive insurance company
3902     upon whom process, notice, or demand may be served.

3903          (4) (a) Before receiving a certificate of authority, an applicant captive insurance
3904     company shall file with the commissioner:
3905          (i) a certified copy of the captive insurance company's organizational charter;
3906          (ii) a statement under oath of the captive insurance company's president and secretary
3907     or their equivalents showing the captive insurance company's financial condition; and
3908          (iii) any other statement or document required by the commissioner under Section
3909     31A-37-106.
3910          (b) In addition to the information required under Subsection (4)(a), an applicant captive
3911     insurance company shall file with the commissioner evidence of:
3912          (i) the amount and liquidity of the assets of the applicant captive insurance company
3913     relative to the risks to be assumed by the applicant captive insurance company;
3914          (ii) the adequacy of the expertise, experience, and character of the person who will
3915     manage the applicant captive insurance company;
3916          (iii) the overall soundness of the plan of operation of the applicant captive insurance
3917     company;
3918          (iv) the adequacy of the loss prevention programs for the prospective insureds of the
3919     applicant captive insurance company as the commissioner deems necessary; and
3920          (v) any other factor the commissioner:
3921          (A) adopts by rule under Section 31A-37-106; and
3922          (B) considers relevant in ascertaining whether the applicant captive insurance company
3923     will be able to meet the policy obligations of the applicant captive insurance company.
3924          (c) In addition to the information required by Subsections (4)(a) and (b), an applicant
3925     sponsored captive insurance company shall file with the commissioner:
3926          (i) a business plan at the level of detail required by the commissioner under Section
3927     31A-37-106 demonstrating:
3928          (A) the manner in which the applicant sponsored captive insurance company will
3929     account for the losses and expenses of each protected cell; and
3930          (B) the manner in which the applicant sponsored captive insurance company will report
3931     to the commissioner the financial history, including losses and expenses, of each protected cell;
3932          (ii) a statement acknowledging that the applicant sponsored captive insurance company
3933     will make all financial records of the applicant sponsored captive insurance company,

3934     including records pertaining to a protected cell, available for inspection or examination by the
3935     commissioner;
3936          (iii) a contract or sample contract between the applicant sponsored captive insurance
3937     company and a participant; and
3938          (iv) evidence that expenses will be allocated to each protected cell in an equitable
3939     manner.
3940          (5) (a) Information submitted pursuant to this section is classified as a protected record
3941     under Title 63G, Chapter 2, Government Records Access and Management Act.
3942          (b) Notwithstanding Title 63G, Chapter 2, Government Records Access and
3943     Management Act, the commissioner may disclose information submitted pursuant to this
3944     section to a public official having jurisdiction over the regulation of insurance in another state
3945     if:
3946          (i) the public official receiving the information agrees in writing to maintain the
3947     confidentiality of the information; and
3948          (ii) the laws of the state in which the public official serves require the information to be
3949     confidential.
3950          (c) This Subsection (5) does not apply to information provided by an industrial insured
3951     captive insurance company insuring the risks of an industrial insured group.
3952          (6) (a) A captive insurance company shall pay to the department the following
3953     nonrefundable fees established by the department under Sections 31A-3-103, 31A-3-304, and
3954     63J-1-504:
3955          (i) a fee for examining, investigating, and processing, by a department employee, of an
3956     application for a certificate of authority made by an applicant captive insurance company;
3957          (ii) a fee for obtaining a certificate of authority for the year the captive insurance
3958     company is issued a certificate of authority by the department; and
3959          (iii) a certificate of authority renewal fee, assessed annually.
3960          (b) The commissioner may:
3961          (i) assign a department employee or retain legal, financial, or examination services
3962     from outside the department to perform the services described in:
3963          (A) Subsection (6)(a); and
3964          (B) Section 31A-37-502; and

3965          (ii) charge the reasonable cost of services described in Subsection (6)(b)(i) to the
3966     applicant captive insurance company.
3967          (7) If the commissioner is satisfied that the documents and statements filed by the
3968     applicant captive insurance company comply with this chapter, the commissioner may grant a
3969     certificate of authority authorizing the company to do insurance business in this state.
3970          (8) A certificate of authority granted under this section expires annually and shall be
3971     renewed by July 1 of each year.
3972          Section 42. Section 31A-37-202 is repealed and reenacted to read:
3973          31A-37-202. Permissive areas of insurance.
3974          (1) Except as provided in Subsection (2), a captive insurance company may not directly
3975     insure a risk other than the risk of the captive insurance company's parent or affiliated
3976     organization.
3977          (2) The following may insure a risk of a controlled unaffiliated business:
3978          (a) an industrial insured captive insurance company;
3979          (b) a protected cell;
3980          (c) a pure captive insurance company; or
3981          (d) a sponsored captive insurance company.
3982          (3) To the extent allowed by a captive insurance company's organizational charter, a
3983     captive insurance company may provide any type of insurance described in this title, except:
3984          (a) workers' compensation insurance;
3985          (b) personal motor vehicle insurance;
3986          (c) homeowners' insurance; and
3987          (d) any component of the types of insurance described in Subsections (3)(a) through
3988     (c).
3989          (4) A captive insurance company may not provide coverage for:
3990          (a) a wager or gaming risk;
3991          (b) loss of an election;
3992          (c) the penal consequences of a crime; or
3993          (d) punitive damages.
3994          Section 43. Section 31A-37-203 is amended to read:
3995          31A-37-203. Deceptive name prohibited.

3996          (1) A captive insurance company may not adopt a name that is:
3997          [(1)] (a) the same as any other existing business name registered in this state;
3998          [(2)] (b) deceptively similar to any other existing business name registered in this state;
3999     or
4000          [(3)] (c) likely to be:
4001          [(a)] (i) confused with any other existing business name registered in this state; or
4002          [(b)] (ii) mistaken for any other existing business name registered in this state.
4003          (2) An applicant captive insurance company that submits an application for a certificate
4004     of authority on or after May 14, 2019, or a captive insurance company that changes its name on
4005     or after May 14, 2019, shall include the work "insurance" or a term of equivalent meaning in its
4006     name.
4007          Section 44. Section 31A-37-301 is amended to read:
4008          31A-37-301. Formation.
4009          (1) A [pure] captive insurance company [or a sponsored captive insurance company
4010     formed as a stock insurer shall be incorporated as a stock insurer with the capital of the pure
4011     captive insurance company or sponsored captive insurance company:], other than a branch
4012     captive insurance company, may be formed as a corporation or a limited liability company.
4013          [(a) divided into shares; and]
4014          [(b) held by the stockholders of the pure captive insurance company or sponsored
4015     captive insurance company.]
4016          [(2) A pure captive insurance company or a sponsored captive insurance company
4017     formed as a limited liability company shall be organized as a members' interest insurer with the
4018     capital of the pure captive insurance company or sponsored captive insurance company:]
4019          [(a) divided into interests; and]
4020          [(b) held by the members of the pure captive insurance company or sponsored captive
4021     insurance company.]
4022          [(3) An association captive insurance company or an industrial insured captive
4023     insurance company may be:]
4024          [(a) incorporated as a stock insurer with the capital of the association captive insurance
4025     company or industrial insured captive insurance company:]
4026          [(i) divided into shares; and]

4027          [(ii) held by the stockholders of the association captive insurance company or industrial
4028     insured captive insurance company;]
4029          [(b) incorporated as a mutual insurer without capital stock, with a governing body
4030     elected by the member organizations of the association captive insurance company or industrial
4031     insured captive insurance company; or]
4032          [(c) organized as a limited liability company with the capital of the association captive
4033     insurance company or industrial insured captive insurance company:]
4034          [(i) divided into interests; and]
4035          [(ii) held by the members of the association captive insurance company or industrial
4036     insured captive insurance company.]
4037          (2) The capital of a captive insurance company shall be held by:
4038          (a) the interest holders of the captive insurance company; or
4039          (b) a governing body elected by:
4040          (i) the insureds;
4041          (ii) one or more affiliates; or
4042          (iii) a combination of the persons described in Subsections (2)(b)(i) and (ii).
4043          [(4)] (3) A captive insurance company formed [as a corporation may not have fewer
4044     than three incorporators of whom one shall be a resident of this state] in the state shall have at
4045     least one establisher who is an individual and at least one establisher who is an individual and a
4046     resident of the state.
4047          [(5) A captive insurance company formed as a limited liability company may not have
4048     fewer than three organizers of whom one shall be a resident of this state.]
4049          [(6) (a) Before a captive insurance company formed as a corporation files the
4050     corporation's articles of incorporation with the Division of Corporations and Commercial
4051     Code, the incorporators shall obtain from the commissioner a certificate finding that the
4052     establishment and maintenance of the proposed corporation will promote the general good of
4053     the state.]
4054          (4) (a) An applicant captive insurance company's establishers shall obtain a certificate
4055     of public good from the commissioner before filing its governing documents with the Division
4056     of Corporations and Commercial Code.
4057          (b) In considering a request for a certificate under Subsection [(6)] (4)(a), the

4058     commissioner shall consider:
4059          (i) the character, reputation, financial standing, and purposes of the [incorporators]
4060     establishers;
4061          (ii) the character, reputation, financial responsibility, insurance experience, and
4062     business qualifications of the principal officers [and directors] or members of the governing
4063     body;
4064          (iii) any information in:
4065          (A) the application for a certificate of authority; or
4066          (B) the department's files; and
4067          (iv) other aspects that the commissioner considers advisable.
4068          [(7) (a) Before a captive insurance company formed as a limited liability company files
4069     the limited liability company's certificate of organization with the Division of Corporations and
4070     Commercial Code, the limited liability company shall obtain from the commissioner a
4071     certificate finding that the establishment and maintenance of the proposed limited liability
4072     company will promote the general good of the state.]
4073          [(b) In considering a request for a certificate under Subsection (7)(a), the commissioner
4074     shall consider:]
4075          [(i) the character, reputation, financial standing, and purposes of the organizers;]
4076          [(ii) the character, reputation, financial responsibility, insurance experience, and
4077     business qualifications of the managers;]
4078          [(iii) any information in:]
4079          [(A) the application for a certificate of authority; or]
4080          [(B) the department's files; and]
4081          [(iv) other aspects that the commissioner considers advisable.]
4082          [(8) (a) A captive insurance company formed as a corporation shall file with the
4083     Division of Corporations and Commercial Code:]
4084          [(i) the captive insurance company's articles of incorporation;]
4085          [(ii) the certificate issued pursuant to Subsection (6); and]
4086          [(iii) the fees required by the Division of Corporations and Commercial Code.]
4087          [(b) The Division of Corporations and Commercial Code shall file both the articles of
4088     incorporation and the certificate described in Subsection (6) for a captive insurance company

4089     that complies with this section.]
4090          [(9) (a) A captive insurance company formed as a limited liability company shall file
4091     with the Division of Corporations and Commercial Code:]
4092          [(i) the captive insurance company's certificate of organization;]
4093          [(ii) the certificate issued pursuant to Subsection (7); and]
4094          [(iii) the fees required by the Division of Corporations and Commercial Code.]
4095          [(b) The Division of Corporations and Commercial Code shall file both the certificate
4096     of organization and the certificate described in Subsection (7) for a captive insurance company
4097     that complies with this section.]
4098          [(10) (a) The organizers of a captive insurance company formed as a reciprocal insurer
4099     shall obtain from the commissioner a certificate finding that the establishment and maintenance
4100     of the proposed association will promote the general good of the state.]
4101          [(b) In considering a request for a certificate under Subsection (10)(a), the
4102     commissioner shall consider:]
4103          [(i) the character, reputation, financial standing, and purposes of the incorporators;]
4104          [(ii) the character, reputation, financial responsibility, insurance experience, and
4105     business qualifications of the officers and directors;]
4106          [(iii) any information in:]
4107          [(A) the application for a certificate of authority; or]
4108          [(B) the department's files; and]
4109          [(iv) other aspects that the commissioner considers advisable.]
4110          [(11) (a) An alien captive insurance company that has received a certificate of authority
4111     to act as a branch captive insurance company shall obtain from the commissioner a certificate
4112     finding that:]
4113          [(i) the home jurisdiction of the alien captive insurance company imposes statutory or
4114     regulatory standards in a form acceptable to the commissioner on companies transacting the
4115     business of insurance in that state; and]
4116          [(ii) after considering the character, reputation, financial responsibility, insurance
4117     experience, and business qualifications of the officers and directors of the alien captive
4118     insurance company, and other relevant information, the establishment and maintenance of the
4119     branch operations will promote the general good of the state.]

4120          [(b) After the commissioner issues a certificate under Subsection (11)(a) to an alien
4121     captive insurance company, the alien captive insurance company may register to do business in
4122     this state.]
4123          [(12) At least one of the members of the board of directors of a captive insurance
4124     company formed as a corporation shall be a resident of this state.]
4125          [(13) At least one of the managers of a limited liability company shall be a resident of
4126     this state.]
4127          (5) (a) Except as otherwise provided in this title, the governing body of a captive
4128     insurance company shall consist of at least three individuals as members, at least one of whom
4129     is a resident of the state.
4130          (b) One-third of the members of the governing body of a captive insurance company
4131     constitutes a quorum of the governing body.
4132          (6) A captive insurance company shall have at least three individuals as principal
4133     officers with duties comparable to those of president, treasurer, and secretary.
4134          [(14)] (7) (a) A captive insurance company formed as a corporation [under this chapter
4135     has the privileges and is subject to the provisions of the general corporation law as well as the
4136     applicable provisions contained in this chapter. (b) If] is subject to the provisions of Title 16,
4137     Chapter 10a, Utah Revised Business Corporation Act, and this chapter. If a conflict exists
4138     between a provision of [the general corporation law] Title 16, Chapter 10a, Utah Revised
4139     Business Corporation Act, and a provision of this chapter, this chapter [shall control] controls.
4140          (b) A captive insurance company formed as a limited liability company is subject to the
4141     provisions of Title 48, Chapter 3a, Utah Revised Uniform Limited Liability Company Act, and
4142     this chapter. If a conflict exists between a provision of Title 48, Chapter 3a, Utah Revised
4143     Uniform Limited Liability Company Act, and a provision of this chapter, this chapter controls.
4144          (c) Except as provided in Subsection [(14)] (7)(d), the provisions of this title
4145     [pertaining to] that govern a merger, consolidation, conversion, mutualization, and
4146     redomestication apply [in determining the procedures to be followed by] to a captive insurance
4147     company in carrying out any of the transactions described in those provisions.
4148          (d) Notwithstanding Subsection [(14)] (7)(c), the commissioner may waive or modify
4149     the requirements for public notice and hearing in accordance with rules adopted under Section
4150     31A-37-106.

4151          (e) If a notice of public hearing is required, but no one requests a hearing, the
4152     commissioner may cancel the public hearing.
4153          [(15) (a) A captive insurance company formed as a limited liability company under this
4154     chapter has the privileges and is subject to Title 48, Chapter 3a, Utah Revised Uniform Limited
4155     Liability Company Act, as well as the applicable provisions in this chapter.]
4156          [(b) If a conflict exists between a provision of the limited liability company law and a
4157     provision of this chapter, this chapter controls.]
4158          [(c) The provisions of this title pertaining to a merger, consolidation, conversion,
4159     mutualization, and redomestication apply in determining the procedures to be followed by a
4160     captive insurance company in carrying out any of the transactions described in those
4161     provisions.]
4162          [(d) Notwithstanding Subsection (15)(c), the commissioner may waive or modify the
4163     requirements for public notice and hearing in accordance with rules adopted under Section
4164     31A-37-106.]
4165          [(e) If a notice of public hearing is required, but no one requests a hearing, the
4166     commissioner may cancel the public hearing.]
4167          [(16) (a) The articles of incorporation or bylaws of a captive insurance company
4168     formed as a corporation may not authorize a quorum of a board of directors to consist of fewer
4169     than one-third of the fixed or prescribed number of directors as provided in Section
4170     16-10a-824.]
4171          [(b) The certificate of organization of a captive insurance company formed as a limited
4172     liability company may not authorize a quorum of a board of managers to consist of fewer than
4173     one-third of the fixed or prescribed number of directors required in Section 16-10a-824.]
4174          Section 45. Section 31A-37-401 is amended to read:
4175          31A-37-401. Sponsored captive insurance companies -- Formation.
4176          (1) One or more sponsors may form a sponsored captive insurance company under this
4177     chapter.
4178          (2) A sponsored captive insurance company formed under this chapter may establish
4179     and maintain a protected cell to insure risks of a participant if:
4180          (a) the [shareholders] interest holders of a sponsored captive insurance company are
4181     limited to:

4182          (i) the participants of the sponsored captive insurance company; and
4183          (ii) the sponsors of the sponsored captive insurance company;
4184          (b) each protected cell is accounted for separately on the books and records of the
4185     sponsored cell captive insurance company to reflect:
4186          (i) the financial condition of each individual protected cell;
4187          (ii) the results of operations of each individual protected cell;
4188          (iii) the net income or loss of each individual protected cell;
4189          (iv) the dividends or other distributions to participants of each individual protected
4190     cell; and
4191          (v) other factors that may be:
4192          (A) provided in the participant contract; or
4193          (B) required by the commissioner;
4194          (c) the assets of a protected cell are not chargeable with liabilities arising out of any
4195     other insurance business the sponsored captive insurance company may conduct;
4196          (d) a sale, exchange, or other transfer of assets is not made by the sponsored captive
4197     insurance company between or among any of the protected cells of the sponsored captive
4198     insurance company without the consent of the protected cells;
4199          (e) a sale, exchange, transfer of assets, dividend, or distribution is not made from a
4200     protected cell to a sponsor or participant without the commissioner's approval, which may not
4201     be given if the sale, exchange, transfer, dividend, or distribution would result in insolvency or
4202     impairment with respect to a protected cell;
4203          (f) a sponsored captive insurance company annually files with the commissioner
4204     financial reports the commissioner requires under Section 31A-37-106, including accounting
4205     statements detailing the financial experience of each protected cell;
4206          (g) a sponsored captive insurance company notifies the commissioner in writing within
4207     10 business days of a protected cell that is insolvent or otherwise unable to meet the claim or
4208     expense obligations of the protected cell;
4209          (h) a participant contract does not take effect without the commissioner's prior written
4210     approval;
4211          (i) the addition of each new protected cell and withdrawal of a participant of any
4212     existing protected cell does not take effect without the commissioner's prior written approval;

4213     and
4214          (j) (i) a protected cell captive insurance company shall pay to the department the
4215     following nonrefundable fees established by the department under Sections 31A-3-103,
4216     31A-3-304, and 63J-1-504:
4217          (A) a fee for examining, investigating, and processing by a department employee of an
4218     application for a certificate of authority made by a protected cell captive insurance company;
4219          (B) a fee for obtaining a certificate of authority for the year the protected cell captive
4220     insurance company is issued a certificate of authority by the department; and
4221          (C) a certificate of authority renewal fee; and
4222          (ii) a protected cell may be created by the sponsor or the sponsor may create a pooling
4223     insurance arrangement to provide for pooling of risks to allow for risk distribution upon written
4224     approval from every protected cell under the sponsor and written approval of the
4225     commissioner.
4226          Section 46. Section 31A-37-501 is amended to read:
4227          31A-37-501. Reports to commissioner.
4228          (1) A captive insurance company is not required to make a report except those
4229     provided in this chapter.
4230          (2) (a) Before March 1 of each year, a captive insurance company shall submit to the
4231     commissioner a report of the financial condition of the captive insurance company, verified by
4232     oath of [one of the] at least two individuals who are executive officers of the captive insurance
4233     company.
4234          (b) Except as provided in Section 31A-37-204, a captive insurance company shall
4235     report:
4236          (i) using generally accepted accounting principles, except to the extent that the
4237     commissioner requires, approves, or accepts the use of a statutory accounting principle;
4238          (ii) using a useful or necessary modification or adaptation to an accounting principle
4239     that is required, approved, or accepted by the commissioner for the type of insurance and kind
4240     of insurer to be reported upon; and
4241          (iii) supplemental or additional information required by the commissioner.
4242          (c) Except as otherwise provided:
4243          (i) a licensed captive insurance company shall file the report required by Section

4244     31A-4-113; and
4245          (ii) an industrial insured group shall comply with Section 31A-4-113.5.
4246          (3) (a) A pure captive insurance company may make written application to file the
4247     required report on a fiscal year end that is consistent with the fiscal year of the parent company
4248     of the pure captive insurance company.
4249          (b) If the commissioner grants an alternative reporting date for a pure captive insurance
4250     company requested under Subsection (3)(a), the annual report is due 60 days after the fiscal
4251     year end.
4252          (4) (a) Sixty days after the fiscal year end, a branch captive insurance company shall
4253     file with the commissioner a copy of the reports and statements required to be filed under the
4254     laws of the jurisdiction in which the alien captive insurance company is formed, verified by
4255     oath by two of the alien captive insurance company's executive officers.
4256          (b) If the commissioner is satisfied that the annual report filed by the alien captive
4257     insurance company in the jurisdiction in which the alien captive insurance company is formed
4258     provides adequate information concerning the financial condition of the alien captive insurance
4259     company, the commissioner may waive the requirement for completion of the annual statement
4260     required for a captive insurance company under this section with respect to business written in
4261     the alien or foreign jurisdiction.
4262          (c) A waiver by the commissioner under Subsection (4)(b):
4263          (i) shall be in writing; and
4264          (ii) is subject to public inspection.
4265          (5) Before March 1 of each year, a sponsored cell captive insurance company shall
4266     submit to the commissioner a consolidated report of the financial condition of each individual
4267     protected cell, including a financial statement for each protected cell.
4268          (6) (a) A captive insurance company shall notify the commissioner in writing if there
4269     is:
4270          (i) a material change to the captive insurance company's most recently filed report of
4271     financial condition; or
4272          (ii) an adverse material change in the financial condition of a captive insurance
4273     company since the captive insurance company's most recently filed report of financial
4274     condition.

4275          (b) A captive insurance company shall submit a notification described in this
4276     subsection within 20 days after the day on which the captive insurance company learns of the
4277     material change.
4278          Section 47. Section 31A-37-502 is amended to read:
4279          31A-37-502. Examination.
4280          (1) (a) As provided in this section, the commissioner, or a person appointed by the
4281     commissioner, shall examine each captive insurance company in each five-year period.
4282          (b) The five-year period described in Subsection (1)(a) shall be determined on the basis
4283     of five full annual accounting periods of operation.
4284          (c) The examination is to be made as of:
4285          (i) December 31 of the full five-year period; or
4286          (ii) the last day of the month of an annual accounting period authorized for a captive
4287     insurance company under this section.
4288          (d) In addition to an examination required under this Subsection (1), the commissioner,
4289     or a person appointed by the commissioner may examine a captive insurance company
4290     whenever the commissioner determines it to be prudent.
4291          (2) During an examination under this section the commissioner, or a person appointed
4292     by the commissioner, shall thoroughly inspect and examine the affairs of the captive insurance
4293     company to ascertain:
4294          (a) the financial condition of the captive insurance company;
4295          (b) the ability of the captive insurance company to fulfill the obligations of the captive
4296     insurance company; and
4297          (c) whether the captive insurance company has complied with this chapter.
4298          (3) The commissioner may accept a comprehensive annual independent audit in lieu of
4299     an examination:
4300          (a) of a scope satisfactory to the commissioner; and
4301          (b) performed by an independent auditor approved by the commissioner.
4302          (4) A captive insurance company that is inspected and examined under this section
4303     shall pay, as provided in Subsection [31A-37-202] 31A-37-201(6)(b), the expenses and charges
4304     of an inspection and examination.
4305          Section 48. Section 31A-37-701 is enacted to read:

4306     
Part 7. Dormancy.

4307          31A-37-701. Certificate of dormancy.
4308          (1) In accordance with the provisions of this section, a captive insurance company,
4309     other than a risk retention group may apply, without fee, to the commissioner for a certificate
4310     of dormancy.
4311          (2) (a) A captive insurance company, other than a risk retention group, is eligible for a
4312     certificate of dormancy if the captive insurance company:
4313          (i) has ceased transacting the business of insurance, including the issuance of insurance
4314     policies; and
4315          (ii) has no remaining insurance liabilities or obligations associated with insurance
4316     business transactions or insurance policies.
4317          (b) For purposes of Subsection (2)(a)(ii), the commissioner may disregard liabilities or
4318     obligations for which the captive insurance company has withheld sufficient funds or that are
4319     otherwise sufficiently secured.
4320          (3) Except as provided in Subsection (5), a captive insurance company that holds a
4321     certificate of dormancy is subject to all requirements of this chapter.
4322          (4) A captive insurance company that holds a certificate of dormancy:
4323          (a) shall possess and maintain unimpaired paid-in capital and unimpaired paid-in
4324     surplus of:
4325          (i) in the case of a pure captive insurance company or a special purpose captive
4326     insurance company, not less than $25,000;
4327          (ii) in the case of an association captive insurance company, not less than $75,000; or
4328          (iii) in the case of a sponsored captive insurance company, not less than $100,000, of
4329     which at least $35,000 is provided by the sponsor; and
4330          (b) is not required to:
4331          (i) subject to Subsection (5), submit an annual audit or statement of actuarial opinion;
4332          (ii) maintain an active agreement with an independent auditor or actuary; or
4333          (iii) hold an annual meeting of the captive insurance company in the state.
4334          (5) The commissioner may require a captive insurance company that holds a certificate
4335     of dormancy to submit an annual audit if the commissioner determines that there are concerns
4336     regarding the captive insurance company's solvency or liquidity.

4337          (6) To maintain a certificate of dormancy and in lieu of a certificate of authority
4338     renewal fee, no later than July 1 of each year, a captive insurance company shall pay an annual
4339     dormancy renewal fee that is equal to 50% of the captive insurance's company's certificate of
4340     authority renewal fee.
4341          (7) A captive insurance company may consecutively renew a certificate or dormancy
4342     no more than five times.
4343          Section 49. Section 31A-37-702 is enacted to read:
4344          31A-37-702. Cancelling a certificate of dormancy.
4345          A captive insurance company may apply to cancel its certificate of dormancy by
4346     complying with the procedures established in rule made by the commissioner in accordance
4347     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
4348          Section 50. Section 31A-45-102 is amended to read:
4349          31A-45-102. Definitions.
4350          As used in this chapter:
4351          (1) "Covered benefit" or "benefit" means the health care services to which a covered
4352     person is entitled under the terms of a health [benefit] care insurance plan offered by a
4353     managed care organization.
4354          (2) "Managed care organization" means:
4355          (a) a managed care organization as that term is defined in Section 31A-1-301; and
4356          (b) a third party administrator as that term is defined in Section 31A-1-301.
4357          Section 51. Section 31A-45-303 is amended to read:
4358          31A-45-303. Network provider contract provisions.
4359          (1) Managed care organizations may provide for enrollees to receive services or
4360     reimbursement [under the health benefit plans] in accordance with this section.
4361          (2) (a) Subject to restrictions under this section, a managed care organization may enter
4362     into contracts with health care providers under which the health care providers agree to be a
4363     network provider and supply services, at prices specified in the contracts, to enrollees.
4364          (b) A network provider contract shall require the network provider to accept the
4365     specified payment in this Subsection (2) as payment in full, relinquishing the right to collect
4366     amounts other than copayments, coinsurance, and deductibles from the enrollee.
4367          (c) The insurance contract may reward the enrollee for selection of network providers

4368     by:
4369          (i) reducing premium rates;
4370          (ii) reducing deductibles;
4371          (iii) coinsurance;
4372          (iv) other copayments; or
4373          (v) any other reasonable manner.
4374          (3) (a) When reimbursing for services of health care providers that are not network
4375     providers, the managed care organization may:
4376          (i) make direct payment to the enrollee; and
4377          (ii) impose a deductible on coverage of health care providers not under contract.
4378          (b) (i) Subsections (3)(b)(iii) and (c) apply to a managed care organization licensed
4379     under:
4380          (A) Chapter 5, Domestic Stock and Mutual Insurance Corporations;
4381          (B) Chapter 7, Nonprofit Health Service Insurance Corporations; or
4382          (C) Chapter 14, Foreign Insurers; and
4383          (ii) Subsections (3)(b)(iii) and (c) and Subsection (6)(b) do not apply to a managed care
4384     organization licensed under Chapter 8, Health Maintenance Organizations and Limited Health
4385     Plans.
4386          (iii) When selecting health care providers with whom to contract under Subsection (2),
4387     a managed care organization described in Subsection (3)(b)(i) may not unfairly discriminate
4388     between classes of health care providers, but may discriminate within a class of health care
4389     providers, subject to Subsection (6).
4390          (c) For purposes of this section, unfair discrimination between classes of health care
4391     providers includes:
4392          (i) refusal to contract with class members in reasonable proportion to the number of
4393     insureds covered by the insurer and the expected demand for services from class members; and
4394          (ii) refusal to cover procedures for one class of providers that are:
4395          (A) commonly used by members of the class of health care providers for the treatment
4396     of illnesses, injuries, or conditions;
4397          (B) otherwise covered by the managed care organization; and
4398          (C) within the scope of practice of the class of health care providers.

4399          (4) Before the enrollee consents to the insurance contract, the managed care
4400     organization shall fully disclose to the enrollee that the managed care organization has entered
4401     into network provider contracts. The managed care organization shall provide sufficient detail
4402     on the network provider contracts to permit the enrollee to agree to the terms of the insurance
4403     contract. The managed care organization shall provide at least the following information:
4404          (a) a list of the health care providers under contract, and if requested their business
4405     locations and specialties;
4406          (b) a description of the insured benefits, including deductibles, coinsurance, or other
4407     copayments;
4408          (c) a description of the quality assurance program required under Subsection (5); and
4409          (d) a description of the adverse benefit determination procedures required under
4410     Section 31A-22-629.
4411          (5) (a) A managed care organization using network provider contracts shall maintain a
4412     quality assurance program for assuring that the care provided by the network providers meets
4413     prevailing standards in the state.
4414          (b) The commissioner in consultation with the executive director of the Department of
4415     Health may designate qualified persons to perform an audit of the quality assurance program.
4416     The auditors shall have full access to all records of the managed care organization and the
4417     managed care organization's health care providers, including medical records of individual
4418     patients.
4419          (c) The information contained in the medical records of individual patients shall
4420     remain confidential. All information, interviews, reports, statements, memoranda, or other data
4421     furnished for purposes of the audit and any findings or conclusions of the auditors are
4422     privileged. The information is not subject to discovery, use, or receipt in evidence in any legal
4423     proceeding except hearings before the commissioner concerning alleged violations of this
4424     section.
4425          (6) (a) A health care provider or managed care organization may not discriminate
4426     against a network provider for agreeing to a contract under Subsection (2).
4427          (b) (i) Subsections (6)(b) and (c) apply to a managed care organization that is described
4428     in Subsection (3)(b)(i) and do not apply to a managed care organization described in
4429     Subsection (3)(b)(ii).

4430          (ii) A health care provider licensed to treat an illness or injury within the scope of the
4431     health care provider's practice, that is willing and able to meet the terms and conditions
4432     established by the managed care organization for designation as a network provider, shall be
4433     able to apply for and receive the designation as a network provider. Contract terms and
4434     conditions may include reasonable limitations on the number of designated network providers
4435     based upon substantial objective and economic grounds, or expected use of particular services
4436     based upon prior provider-patient profiles.
4437          (c) Upon the written request of a provider excluded from a network provider contract,
4438     the commissioner may hold a hearing to determine if the managed care organization's exclusion
4439     of the provider is based on the criteria set forth in Subsection (6)(b).
4440          (7) Nothing in this section is to be construed as to require a managed care organization
4441     to offer a certain benefit or service as part of a health benefit plan.
4442          (8) Notwithstanding Subsection (2) or [Subsection] (6)(b), a managed care
4443     organization described in Subsection (3)(b)(i) or third party administrator is not required to, but
4444     may, enter into a contract with a licensed athletic trainer, licensed under Title 58, Chapter 40a,
4445     Athletic Trainer Licensing Act.
4446          Section 52. Section 31A-45-401 is amended to read:
4447          31A-45-401. Court ordered coverage for minor children who reside outside the
4448     service area.
4449          (1) (a) The requirements of Subsection (2) apply to a managed care organization if the
4450     managed care organization [health benefit plan]:
4451          (i) restricts coverage for nonemergency services to services provided by contracted
4452     providers within the organization's service area; and
4453          (ii) does not offer a benefit that permits members the option of obtaining covered
4454     services from a non-network provider.
4455          (b) The requirements of Subsection (2) do not apply to a managed care organization if:
4456          (i) the child [that is] is no longer the subject of a court or administrative support order
4457     [is over the age of 18 and is no longer enrolled in high school]; or
4458          (ii) a parent's employer offers the parent a choice to select health insurance coverage
4459     that is not a managed care organization plan either at the time of the court or administrative
4460     support order, or at a subsequent open enrollment period. This exemption from Subsection (2)

4461     applies even if the parent ultimately chooses the managed care organization plan.
4462          (2) If a parent is required by a court or administrative support order to provide health
4463     insurance coverage for a child who resides outside of a managed care organization's service
4464     area, the managed care organization shall:
4465          (a) comply with the provisions of Section 31A-22-610.5;
4466          (b) allow the enrollee parent to enroll the child on the organization plan;
4467          (c) pay for otherwise covered health care services rendered to the child outside of the
4468     service area by a non-network provider:
4469          (i) if the child, noncustodial parent, or custodial parent has complied with prior
4470     authorization or utilization review otherwise required by the organization; and
4471          (ii) in an amount equal to the dollar amount the organization pays under a noncapitated
4472     arrangement for comparable services to a network provider in the same class of health care
4473     providers as the provider who rendered the services; and
4474          (d) make payments on claims submitted in accordance with Subsection (2)(c) directly
4475     to the provider, custodial parent, the child who obtained benefits, or state Medicaid agency.
4476          (3) (a) The parents of the child who is the subject of the court or administrative support
4477     order are responsible for any charges billed by the provider in excess of those paid by the
4478     organization.
4479          (b) This section does not affect any court or administrative order regarding the
4480     responsibilities between the parents to pay any medical expenses not covered by accident and
4481     health insurance or a managed care organization plan.
4482          (4) The commissioner shall adopt rules as necessary to administer this section and
4483     Section 31A-22-610.5.
4484          Section 53. Section 34A-2-110 is amended to read:
4485          34A-2-110. Workers' compensation insurance fraud -- Elements -- Penalties --
4486     Notice.
4487          (1) As used in this section:
4488          (a) "Corporation" has the same meaning as in Section 76-2-201.
4489          (b) "Intentionally" has the same meaning as in Section 76-2-103.
4490          (c) "Knowingly" has the same meaning as in Section 76-2-103.
4491          (d) "Person" has the same meaning as in Section 76-1-601.

4492          (e) "Recklessly" has the same meaning as in Section 76-2-103.
4493          (f) "Thing of value" means one or more of the following obtained under this chapter or
4494     Chapter 3, Utah Occupational Disease Act:
4495          (i) workers' compensation insurance coverage;
4496          (ii) disability compensation;
4497          (iii) a medical benefit;
4498          (iv) a good;
4499          (v) a professional service;
4500          (vi) a fee for a professional service; or
4501          (vii) anything of value.
4502          (2) (a) A person is guilty of workers' compensation insurance fraud if that person
4503     intentionally, knowingly, or recklessly:
4504          (i) devises a scheme or artifice to do the following by means of a false or fraudulent
4505     pretense, representation, promise, or material omission:
4506          (A) obtain a thing of value under this chapter or Chapter 3, Utah Occupational Disease
4507     Act;
4508          (B) avoid paying the premium that an insurer charges, for an employee on the basis of
4509     the underwriting criteria applicable to that employee, to obtain a thing of value under this
4510     chapter or Chapter 3, Utah Occupational Disease Act; or
4511          (C) deprive an employee of a thing of value under this chapter or Chapter 3, Utah
4512     Occupational Disease Act; and
4513          (ii) communicates or causes a communication with another in furtherance of the
4514     scheme or artifice.
4515          (b) A violation of this Subsection (2) includes a scheme or artifice to:
4516          (i) make or cause to be made a false written or oral statement with the intent to obtain
4517     insurance coverage as mandated by this chapter or Chapter 3, Utah Occupational Disease Act,
4518     at a rate that does not reflect the risk, industry, employer, or class code actually covered by the
4519     insurance coverage;
4520          (ii) form a business, reorganize a business, or change ownership in a business with the
4521     intent to:
4522          (A) obtain insurance coverage as mandated by this chapter or Chapter 3, Utah

4523     Occupational Disease Act, at a rate that does not reflect the risk, industry, employer, or class
4524     code actually covered by the insurance coverage;
4525          (B) misclassify an employee as described in Subsection (2)(b)(iii); or
4526          (C) deprive an employee of workers' compensation coverage as required by Subsection
4527     34A-2-103(8);
4528          (iii) misclassify an employee as one of the following so as to avoid the obligation to
4529     obtain insurance coverage as mandated by this chapter or Chapter 3, Utah Occupational
4530     Disease Act:
4531          (A) an independent contractor;
4532          (B) a sole proprietor;
4533          (C) an owner;
4534          (D) a partner;
4535          (E) an officer; or
4536          (F) a member in a limited liability company;
4537          (iv) use a workers' compensation coverage waiver issued under Part 10, Workers'
4538     Compensation Coverage Waivers Act, to deprive an employee of workers' compensation
4539     coverage under this chapter or Chapter 3, Utah Occupational Disease Act; or
4540          (v) collect or make a claim for temporary disability compensation as provided in
4541     Section 34A-2-410 while working for gain.
4542          (3) (a) Workers' compensation insurance fraud under Subsection (2) is punishable in
4543     the manner prescribed in Subsection (3)(c).
4544          (b) A corporation or association is guilty of the offense of workers' compensation
4545     insurance fraud under the same conditions as those set forth in Section 76-2-204.
4546          (c) (i) In accordance with Subsection (3)(c)(ii), the determination of the degree of an
4547     offense under Subsection (2) shall be measured by the following on the basis of which creates
4548     the greatest penalty:
4549          (A) the total value of all property, money, or other things obtained or sought to be
4550     obtained by the scheme or artifice described in Subsection (2); or
4551          (B) the number of individuals not covered under this chapter or Chapter 3, Utah
4552     Occupational Disease Act, because of the scheme or artifice described in Subsection (2).
4553          (ii) A person is guilty of:

4554          (A) a class A misdemeanor:
4555          (I) if the value of the property, money, or other thing of value described in Subsection
4556     (3)(c)(i)(A) is less than $1,000; or
4557          (II) for each individual described in Subsection (3)(c)(i)(B), if the number of
4558     individuals described in Subsection (3)(c)(i)(B) is less than five;
4559          (B) a third degree felony:
4560          (I) if the value of the property, money, or other thing of value described in Subsection
4561     (3)(c)(i)(A) is equal to or greater than $1,000, but is less than $5,000; or
4562          (II) for each individual described in Subsection (3)(c)(i)(B), if the number of
4563     individuals described in Subsection (3)(c)(i)(B) is equal to or greater than five, but is less than
4564     50; and
4565          (C) a second degree felony:
4566          (I) if the value of the property, money, or other thing of value described in Subsection
4567     (3)(c)(i)(A) is equal to or greater than $5,000; or
4568          (II) for each individual described in Subsection (3)(c)(i)(B), if the number of
4569     individuals described in Subsection (3)(c)(i)(B) is equal to or greater than 50.
4570          (4) The following are not a necessary element of an offense described in Subsection
4571     (2):
4572          (a) reliance on the part of a person;
4573          (b) the intent on the part of the perpetrator of an offense described in Subsection (2) to
4574     permanently deprive a person of property, money, or anything of value; or
4575          (c) an insurer or self-insured employer giving written notice in accordance with
4576     Subsection (5) that workers' compensation insurance fraud is a crime.
4577          (5) (a) An insurer or self-insured employer who, in connection with this chapter or
4578     Chapter 3, Utah Occupational Disease Act, prints, reproduces, or furnishes a form described in
4579     Subsection (5)(b) shall cause to be printed or displayed in comparative prominence with other
4580     content on the form the statement: "Any person who knowingly presents false or fraudulent
4581     underwriting information, files or causes to be filed a false or fraudulent claim for disability
4582     compensation or medical benefits, or submits a false or fraudulent report or billing for health
4583     care fees or other professional services is guilty of a crime and may be subject to fines and
4584     confinement in state prison."

4585          (b) Subsection (5)(a) applies to a form upon which a person:
4586          (i) applies for insurance coverage;
4587          (ii) applies for a workers' compensation coverage waiver issued under Part 10,
4588     Workers' Compensation Coverage Waivers Act;
4589          (iii) reports payroll;
4590          (iv) makes a claim by reason of accident, injury, death, disease, or other claimed loss;
4591     or
4592          (v) makes a report or gives notice to an insurer or self-insured employer.
4593          (c) An insurer or self-insured employer who issues a check, warrant, or other financial
4594     instrument in payment of compensation issued under this chapter or Chapter 3, Utah
4595     Occupational Disease Act, shall cause to be printed or displayed in comparative prominence
4596     above the area for endorsement a statement substantially similar to the following: "Workers'
4597     compensation insurance fraud is a crime punishable by Utah law."
4598          (d) This Subsection (5) applies only to the legal obligations of an insurer or a
4599     self-insured employer.
4600          (e) A person who violates Subsection (2) is guilty of workers' compensation insurance
4601     fraud, and the failure of an insurer or a self-insured employer to fully comply with this
4602     Subsection (5) is not:
4603          (i) a defense to violating Subsection (2); or
4604          (ii) grounds for suppressing evidence.
4605          (6) In the absence of malice, a person, employer, insurer, or governmental entity that
4606     reports a suspected fraudulent act relating to a workers' compensation insurance policy or claim
4607     is not subject to civil liability for libel, slander, or another relevant cause of action.
4608          (7) (a) In an action involving workers' compensation, this section supersedes Title 31A,
4609     Chapter 31, Insurance Fraud Act.
4610          (b) Nothing in this section prohibits the Insurance Department from investigating
4611     violations of this section or from pursuing civil or criminal penalties for violations of this
4612     section in accordance with Section 31A-31-109 and this title.
4613          Section 54. Section 63G-2-305 is amended to read:
4614          63G-2-305. Protected records.
4615          The following records are protected if properly classified by a governmental entity:

4616          (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
4617     has provided the governmental entity with the information specified in Section 63G-2-309;
4618          (2) commercial information or nonindividual financial information obtained from a
4619     person if:
4620          (a) disclosure of the information could reasonably be expected to result in unfair
4621     competitive injury to the person submitting the information or would impair the ability of the
4622     governmental entity to obtain necessary information in the future;
4623          (b) the person submitting the information has a greater interest in prohibiting access
4624     than the public in obtaining access; and
4625          (c) the person submitting the information has provided the governmental entity with
4626     the information specified in Section 63G-2-309;
4627          (3) commercial or financial information acquired or prepared by a governmental entity
4628     to the extent that disclosure would lead to financial speculations in currencies, securities, or
4629     commodities that will interfere with a planned transaction by the governmental entity or cause
4630     substantial financial injury to the governmental entity or state economy;
4631          (4) records, the disclosure of which could cause commercial injury to, or confer a
4632     competitive advantage upon a potential or actual competitor of, a commercial project entity as
4633     defined in Subsection 11-13-103(4);
4634          (5) test questions and answers to be used in future license, certification, registration,
4635     employment, or academic examinations;
4636          (6) records, the disclosure of which would impair governmental procurement
4637     proceedings or give an unfair advantage to any person proposing to enter into a contract or
4638     agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
4639     Subsection (6) does not restrict the right of a person to have access to, after the contract or
4640     grant has been awarded and signed by all parties:
4641          (a) a bid, proposal, application, or other information submitted to or by a governmental
4642     entity in response to:
4643          (i) an invitation for bids;
4644          (ii) a request for proposals;
4645          (iii) a request for quotes;
4646          (iv) a grant; or

4647          (v) other similar document; or
4648          (b) an unsolicited proposal, as defined in Section 63G-6a-712;
4649          (7) information submitted to or by a governmental entity in response to a request for
4650     information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
4651     the right of a person to have access to the information, after:
4652          (a) a contract directly relating to the subject of the request for information has been
4653     awarded and signed by all parties; or
4654          (b) (i) a final determination is made not to enter into a contract that relates to the
4655     subject of the request for information; and
4656          (ii) at least two years have passed after the day on which the request for information is
4657     issued;
4658          (8) records that would identify real property or the appraisal or estimated value of real
4659     or personal property, including intellectual property, under consideration for public acquisition
4660     before any rights to the property are acquired unless:
4661          (a) public interest in obtaining access to the information is greater than or equal to the
4662     governmental entity's need to acquire the property on the best terms possible;
4663          (b) the information has already been disclosed to persons not employed by or under a
4664     duty of confidentiality to the entity;
4665          (c) in the case of records that would identify property, potential sellers of the described
4666     property have already learned of the governmental entity's plans to acquire the property;
4667          (d) in the case of records that would identify the appraisal or estimated value of
4668     property, the potential sellers have already learned of the governmental entity's estimated value
4669     of the property; or
4670          (e) the property under consideration for public acquisition is a single family residence
4671     and the governmental entity seeking to acquire the property has initiated negotiations to acquire
4672     the property as required under Section 78B-6-505;
4673          (9) records prepared in contemplation of sale, exchange, lease, rental, or other
4674     compensated transaction of real or personal property including intellectual property, which, if
4675     disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
4676     of the subject property, unless:
4677          (a) the public interest in access is greater than or equal to the interests in restricting

4678     access, including the governmental entity's interest in maximizing the financial benefit of the
4679     transaction; or
4680          (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
4681     the value of the subject property have already been disclosed to persons not employed by or
4682     under a duty of confidentiality to the entity;
4683          (10) records created or maintained for civil, criminal, or administrative enforcement
4684     purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
4685     release of the records:
4686          (a) reasonably could be expected to interfere with investigations undertaken for
4687     enforcement, discipline, licensing, certification, or registration purposes;
4688          (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
4689     proceedings;
4690          (c) would create a danger of depriving a person of a right to a fair trial or impartial
4691     hearing;
4692          (d) reasonably could be expected to disclose the identity of a source who is not
4693     generally known outside of government and, in the case of a record compiled in the course of
4694     an investigation, disclose information furnished by a source not generally known outside of
4695     government if disclosure would compromise the source; or
4696          (e) reasonably could be expected to disclose investigative or audit techniques,
4697     procedures, policies, or orders not generally known outside of government if disclosure would
4698     interfere with enforcement or audit efforts;
4699          (11) records the disclosure of which would jeopardize the life or safety of an
4700     individual;
4701          (12) records the disclosure of which would jeopardize the security of governmental
4702     property, governmental programs, or governmental recordkeeping systems from damage, theft,
4703     or other appropriation or use contrary to law or public policy;
4704          (13) records that, if disclosed, would jeopardize the security or safety of a correctional
4705     facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
4706     with the control and supervision of an offender's incarceration, treatment, probation, or parole;
4707          (14) records that, if disclosed, would reveal recommendations made to the Board of
4708     Pardons and Parole by an employee of or contractor for the Department of Corrections, the

4709     Board of Pardons and Parole, or the Department of Human Services that are based on the
4710     employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
4711     jurisdiction;
4712          (15) records and audit workpapers that identify audit, collection, and operational
4713     procedures and methods used by the State Tax Commission, if disclosure would interfere with
4714     audits or collections;
4715          (16) records of a governmental audit agency relating to an ongoing or planned audit
4716     until the final audit is released;
4717          (17) records that are subject to the attorney client privilege;
4718          (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
4719     employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
4720     quasi-judicial, or administrative proceeding;
4721          (19) (a) (i) personal files of a state legislator, including personal correspondence to or
4722     from a member of the Legislature; and
4723          (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
4724     legislative action or policy may not be classified as protected under this section; and
4725          (b) (i) an internal communication that is part of the deliberative process in connection
4726     with the preparation of legislation between:
4727          (A) members of a legislative body;
4728          (B) a member of a legislative body and a member of the legislative body's staff; or
4729          (C) members of a legislative body's staff; and
4730          (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
4731     legislative action or policy may not be classified as protected under this section;
4732          (20) (a) records in the custody or control of the Office of Legislative Research and
4733     General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
4734     legislation or contemplated course of action before the legislator has elected to support the
4735     legislation or course of action, or made the legislation or course of action public; and
4736          (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
4737     Office of Legislative Research and General Counsel is a public document unless a legislator
4738     asks that the records requesting the legislation be maintained as protected records until such
4739     time as the legislator elects to make the legislation or course of action public;

4740          (21) research requests from legislators to the Office of Legislative Research and
4741     General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
4742     in response to these requests;
4743          (22) drafts, unless otherwise classified as public;
4744          (23) records concerning a governmental entity's strategy about:
4745          (a) collective bargaining; or
4746          (b) imminent or pending litigation;
4747          (24) records of investigations of loss occurrences and analyses of loss occurrences that
4748     may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
4749     Uninsured Employers' Fund, or similar divisions in other governmental entities;
4750          (25) records, other than personnel evaluations, that contain a personal recommendation
4751     concerning an individual if disclosure would constitute a clearly unwarranted invasion of
4752     personal privacy, or disclosure is not in the public interest;
4753          (26) records that reveal the location of historic, prehistoric, paleontological, or
4754     biological resources that if known would jeopardize the security of those resources or of
4755     valuable historic, scientific, educational, or cultural information;
4756          (27) records of independent state agencies if the disclosure of the records would
4757     conflict with the fiduciary obligations of the agency;
4758          (28) records of an institution within the state system of higher education defined in
4759     Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
4760     retention decisions, and promotions, which could be properly discussed in a meeting closed in
4761     accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
4762     the final decisions about tenure, appointments, retention, promotions, or those students
4763     admitted, may not be classified as protected under this section;
4764          (29) records of the governor's office, including budget recommendations, legislative
4765     proposals, and policy statements, that if disclosed would reveal the governor's contemplated
4766     policies or contemplated courses of action before the governor has implemented or rejected
4767     those policies or courses of action or made them public;
4768          (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
4769     revenue estimates, and fiscal notes of proposed legislation before issuance of the final
4770     recommendations in these areas;

4771          (31) records provided by the United States or by a government entity outside the state
4772     that are given to the governmental entity with a requirement that they be managed as protected
4773     records if the providing entity certifies that the record would not be subject to public disclosure
4774     if retained by it;
4775          (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
4776     public body except as provided in Section 52-4-206;
4777          (33) records that would reveal the contents of settlement negotiations but not including
4778     final settlements or empirical data to the extent that they are not otherwise exempt from
4779     disclosure;
4780          (34) memoranda prepared by staff and used in the decision-making process by an
4781     administrative law judge, a member of the Board of Pardons and Parole, or a member of any
4782     other body charged by law with performing a quasi-judicial function;
4783          (35) records that would reveal negotiations regarding assistance or incentives offered
4784     by or requested from a governmental entity for the purpose of encouraging a person to expand
4785     or locate a business in Utah, but only if disclosure would result in actual economic harm to the
4786     person or place the governmental entity at a competitive disadvantage, but this section may not
4787     be used to restrict access to a record evidencing a final contract;
4788          (36) materials to which access must be limited for purposes of securing or maintaining
4789     the governmental entity's proprietary protection of intellectual property rights including patents,
4790     copyrights, and trade secrets;
4791          (37) the name of a donor or a prospective donor to a governmental entity, including an
4792     institution within the state system of higher education defined in Section 53B-1-102, and other
4793     information concerning the donation that could reasonably be expected to reveal the identity of
4794     the donor, provided that:
4795          (a) the donor requests anonymity in writing;
4796          (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
4797     classified protected by the governmental entity under this Subsection (37); and
4798          (c) except for an institution within the state system of higher education defined in
4799     Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
4800     in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
4801     over the donor, a member of the donor's immediate family, or any entity owned or controlled

4802     by the donor or the donor's immediate family;
4803          (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
4804     73-18-13;
4805          (39) a notification of workers' compensation insurance coverage described in Section
4806     34A-2-205;
4807          (40) (a) the following records of an institution within the state system of higher
4808     education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
4809     or received by or on behalf of faculty, staff, employees, or students of the institution:
4810          (i) unpublished lecture notes;
4811          (ii) unpublished notes, data, and information:
4812          (A) relating to research; and
4813          (B) of:
4814          (I) the institution within the state system of higher education defined in Section
4815     53B-1-102; or
4816          (II) a sponsor of sponsored research;
4817          (iii) unpublished manuscripts;
4818          (iv) creative works in process;
4819          (v) scholarly correspondence; and
4820          (vi) confidential information contained in research proposals;
4821          (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
4822     information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
4823          (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
4824          (41) (a) records in the custody or control of the Office of Legislative Auditor General
4825     that would reveal the name of a particular legislator who requests a legislative audit prior to the
4826     date that audit is completed and made public; and
4827          (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
4828     Office of the Legislative Auditor General is a public document unless the legislator asks that
4829     the records in the custody or control of the Office of Legislative Auditor General that would
4830     reveal the name of a particular legislator who requests a legislative audit be maintained as
4831     protected records until the audit is completed and made public;
4832          (42) records that provide detail as to the location of an explosive, including a map or

4833     other document that indicates the location of:
4834          (a) a production facility; or
4835          (b) a magazine;
4836          (43) information:
4837          (a) contained in the statewide database of the Division of Aging and Adult Services
4838     created by Section 62A-3-311.1; or
4839          (b) received or maintained in relation to the Identity Theft Reporting Information
4840     System (IRIS) established under Section 67-5-22;
4841          (44) information contained in the Management Information System and Licensing
4842     Information System described in Title 62A, Chapter 4a, Child and Family Services;
4843          (45) information regarding National Guard operations or activities in support of the
4844     National Guard's federal mission;
4845          (46) records provided by any pawn or secondhand business to a law enforcement
4846     agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
4847     Secondhand Merchandise Transaction Information Act;
4848          (47) information regarding food security, risk, and vulnerability assessments performed
4849     by the Department of Agriculture and Food;
4850          (48) except to the extent that the record is exempt from this chapter pursuant to Section
4851     63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
4852     prepared or maintained by the Division of Emergency Management, and the disclosure of
4853     which would jeopardize:
4854          (a) the safety of the general public; or
4855          (b) the security of:
4856          (i) governmental property;
4857          (ii) governmental programs; or
4858          (iii) the property of a private person who provides the Division of Emergency
4859     Management information;
4860          (49) records of the Department of Agriculture and Food that provides for the
4861     identification, tracing, or control of livestock diseases, including any program established under
4862     Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
4863     of Animal Disease;

4864          (50) as provided in Section 26-39-501:
4865          (a) information or records held by the Department of Health related to a complaint
4866     regarding a child care program or residential child care which the department is unable to
4867     substantiate; and
4868          (b) information or records related to a complaint received by the Department of Health
4869     from an anonymous complainant regarding a child care program or residential child care;
4870          (51) unless otherwise classified as public under Section 63G-2-301 and except as
4871     provided under Section 41-1a-116, an individual's home address, home telephone number, or
4872     personal mobile phone number, if:
4873          (a) the individual is required to provide the information in order to comply with a law,
4874     ordinance, rule, or order of a government entity; and
4875          (b) the subject of the record has a reasonable expectation that this information will be
4876     kept confidential due to:
4877          (i) the nature of the law, ordinance, rule, or order; and
4878          (ii) the individual complying with the law, ordinance, rule, or order;
4879          (52) the name, home address, work addresses, and telephone numbers of an individual
4880     that is engaged in, or that provides goods or services for, medical or scientific research that is:
4881          (a) conducted within the state system of higher education, as defined in Section
4882     53B-1-102; and
4883          (b) conducted using animals;
4884          (53) in accordance with Section 78A-12-203, any record of the Judicial Performance
4885     Evaluation Commission concerning an individual commissioner's vote on whether or not to
4886     recommend that the voters retain a judge including information disclosed under Subsection
4887     78A-12-203(5)(e);
4888          (54) information collected and a report prepared by the Judicial Performance
4889     Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
4890     12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
4891     the information or report;
4892          (55) records contained in the Management Information System created in Section
4893     62A-4a-1003;
4894          (56) records provided or received by the Public Lands Policy Coordinating Office in

4895     furtherance of any contract or other agreement made in accordance with Section 63J-4-603;
4896          (57) information requested by and provided to the 911 Division under Section
4897     63H-7a-302;
4898          (58) in accordance with Section 73-10-33:
4899          (a) a management plan for a water conveyance facility in the possession of the Division
4900     of Water Resources or the Board of Water Resources; or
4901          (b) an outline of an emergency response plan in possession of the state or a county or
4902     municipality;
4903          (59) the following records in the custody or control of the Office of Inspector General
4904     of Medicaid Services, created in Section 63A-13-201:
4905          (a) records that would disclose information relating to allegations of personal
4906     misconduct, gross mismanagement, or illegal activity of a person if the information or
4907     allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
4908     through other documents or evidence, and the records relating to the allegation are not relied
4909     upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
4910     report or final audit report;
4911          (b) records and audit workpapers to the extent they would disclose the identity of a
4912     person who, during the course of an investigation or audit, communicated the existence of any
4913     Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
4914     regulation adopted under the laws of this state, a political subdivision of the state, or any
4915     recognized entity of the United States, if the information was disclosed on the condition that
4916     the identity of the person be protected;
4917          (c) before the time that an investigation or audit is completed and the final
4918     investigation or final audit report is released, records or drafts circulated to a person who is not
4919     an employee or head of a governmental entity for the person's response or information;
4920          (d) records that would disclose an outline or part of any investigation, audit survey
4921     plan, or audit program; or
4922          (e) requests for an investigation or audit, if disclosure would risk circumvention of an
4923     investigation or audit;
4924          (60) records that reveal methods used by the Office of Inspector General of Medicaid
4925     Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or

4926     abuse;
4927          (61) information provided to the Department of Health or the Division of Occupational
4928     and Professional Licensing under Subsection 58-68-304(3) or (4);
4929          (62) a record described in Section 63G-12-210;
4930          (63) captured plate data that is obtained through an automatic license plate reader
4931     system used by a governmental entity as authorized in Section 41-6a-2003;
4932          (64) any record in the custody of the Utah Office for Victims of Crime relating to a
4933     victim, including:
4934          (a) a victim's application or request for benefits;
4935          (b) a victim's receipt or denial of benefits; and
4936          (c) any administrative notes or records made or created for the purpose of, or used to,
4937     evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
4938     Reparations Fund;
4939          (65) an audio or video recording created by a body-worn camera, as that term is
4940     defined in Section 77-7a-103, that records sound or images inside a hospital or health care
4941     facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
4942     provider, as that term is defined in Section 78B-3-403, or inside a human service program as
4943     that term is defined in Section 62A-2-101, except for recordings that:
4944          (a) depict the commission of an alleged crime;
4945          (b) record any encounter between a law enforcement officer and a person that results in
4946     death or bodily injury, or includes an instance when an officer fires a weapon;
4947          (c) record any encounter that is the subject of a complaint or a legal proceeding against
4948     a law enforcement officer or law enforcement agency;
4949          (d) contain an officer involved critical incident as defined in Subsection
4950     76-2-408(1)(d); or
4951          (e) have been requested for reclassification as a public record by a subject or
4952     authorized agent of a subject featured in the recording;
4953          (66) a record pertaining to the search process for a president of an institution of higher
4954     education described in Section 53B-2-102, except for application materials for a publicly
4955     announced finalist; and
4956          (67) an audio recording that is:

4957          (a) produced by an audio recording device that is used in conjunction with a device or
4958     piece of equipment designed or intended for resuscitating an individual or for treating an
4959     individual with a life-threatening condition;
4960          (b) produced during an emergency event when an individual employed to provide law
4961     enforcement, fire protection, paramedic, emergency medical, or other first responder service:
4962          (i) is responding to an individual needing resuscitation or with a life-threatening
4963     condition; and
4964          (ii) uses a device or piece of equipment designed or intended for resuscitating an
4965     individual or for treating an individual with a life-threatening condition; and
4966          (c) intended and used for purposes of training emergency responders how to improve
4967     their response to an emergency situation;
4968          (68) records submitted by or prepared in relation to an applicant seeking a
4969     recommendation by the Research and General Counsel Subcommittee, the Budget
4970     Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
4971     employment position with the Legislature;
4972          (69) work papers as defined in Section 31A-2-204; [and]
4973          (70) a record made available to Adult Protective Services or a law enforcement agency
4974     under Section 61-1-206[.]; and
4975          (71) a record submitted to the Insurance Department in accordance with Section
4976     31A-37-201.
4977          Section 55. Section 76-6-521 is amended to read:
4978          76-6-521. Fraudulent insurance act.
4979          (1) A person commits a fraudulent insurance act if that person with intent to defraud:
4980          (a) presents or causes to be presented any oral or written statement or representation
4981     knowing that the statement or representation contains false or fraudulent information
4982     concerning any fact material to an application for the issuance or renewal of an insurance
4983     policy, certificate, or contract[;], as part of or in support of:
4984          (i) obtaining an insurance policy the insurer would otherwise not issue on the basis of
4985     underwriting criteria applicable to the person;
4986          (ii) a scheme or artifice to avoid paying the premium that an insurer charges on the
4987     basis of underwriting criteria applicable to the person; or

4988          (iii) a scheme or artifice to file an insurance claim for a loss that has already occurred;
4989          (b) presents, or causes to be presented, any oral or written statement or representation:
4990          (i) (A) as part of or in support of a claim for payment or other benefit pursuant to an
4991     insurance policy, certificate, or contract; or
4992          (B) in connection with any civil claim asserted for recovery of damages for personal or
4993     bodily injuries or property damage; and
4994          (ii) knowing that the statement or representation contains false, incomplete, or
4995     fraudulent information concerning any fact or thing material to the claim;
4996          (c) knowingly accepts a benefit from proceeds derived from a fraudulent insurance act;
4997          (d) intentionally, knowingly, or recklessly devises a scheme or artifice to obtain fees
4998     for professional services, or anything of value by means of false or fraudulent pretenses,
4999     representations, promises, or material omissions;
5000          (e) knowingly employs, uses, or acts as a runner, as defined in Section 31A-31-102, for
5001     the purpose of committing a fraudulent insurance act;
5002          (f) knowingly assists, abets, solicits, or conspires with another to commit a fraudulent
5003     insurance act; [or]
5004          (g) knowingly supplies false or fraudulent material information in any document or
5005     statement required by the Department of Insurance[.]; or
5006          (h) knowingly fails to forward a premium to an insurer in violation of Section
5007     31A-23a-411.1.
5008          (2) (a) A violation of Subsection (1)(a) (i) is a class [B] A misdemeanor.
5009          (b) A violation of Subsections (1)(a)(ii) or (1)(b) through (1)[(g)] (h) is punishable as
5010     in the manner prescribed by Section 76-10-1801 for communication fraud for property of like
5011     value.
5012          (c) A violation of Subsection (1)(a)(iii):
5013          (i) is a class A misdemeanor if the value of the loss is less than $1,500 or unable to be
5014     determined; or
5015          (ii) if the value of the loss is $1,500 or more, is punishable as in the manner prescribed
5016     by Section 76-10-1801 for communication fraud for property of like value.
5017          (3) A corporation or association is guilty of the offense of insurance fraud under the
5018     same conditions as those set forth in Section 76-2-204.

5019          (4) The determination of the degree of any offense under Subsections (1)(a)(ii) and
5020     (1)(b) through [(1)(g)] (1)(h) shall be measured by the total value of all property, money, or
5021     other things obtained or sought to be obtained by the fraudulent insurance act or acts described
5022     in Subsections (1)(a)(ii) and (1)(b) through [(1)(g)] (1)(h).
5023          Section 56. Repealer.
5024          This bill repeals:
5025          Section 31A-16a-102, Definitions.
5026          Section 57. Effective date.
5027          (1) Except as provided in Subsection (2), this bill takes effect on May 14, 2019.
5028          (2) The actions affecting the following sections take effect on January 1, 2020:
5029          (a) Section 31A-16b-101;
5030          (b) Section 31A-16b-102;
5031          (c) Section 31A-16b-103;
5032          (d) Section 31A-16b-104;
5033          (e) Section 31A-16b-105;
5034          (f) Section 31A-16b-106;
5035          (g) Section 31A-16b-107; and
5036          (h) Section 31A-16b-108.