1     
HIGHER EDUCATION HEALTH INSURANCE REVISIONS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel Hemmert

5     
House Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill enacts provisions related to the authority of a state institution of higher
10     education to offer certain insurance products.
11     Highlighted Provisions:
12          This bill:
13          ▸     prohibits a state institution of higher education from:
14               •     offering certain health insurance products; and
15               •     permitting a person to use the name, trademark, or trade name of the state
16     institution of higher education for the purpose of selling certain health insurance
17     products.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     ENACTS:
24          53B-1-116, Utah Code Annotated 1953
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 53B-1-116 is enacted to read:

28          53B-1-116. Prohibition on involvement in the health insurance marketplace.
29          (1) As used in this section:
30          (a) (i) "Health insurance product" means, regardless of whether the product or service
31     is subject to regulation by the state:
32          (A) health care insurance as defined in Section 31A-1-301;
33          (B) a Medicare supplemental policy as defined under the Social Security Act, 42
34     U.S.C. Sec. 1395ss(g)(1); or
35          (C) any other product or service that competes directly with a product or service that is
36     offered by an insurer, as defined in Section 31A-1-301, that is not a state institution of higher
37     education.
38          (ii) "Health insurance product" does not include a contract with the state Medicaid
39     program to provide services as an accountable care organization as defined in Section
40     26-36d-103.
41          (b) "State institution of higher education" means the same as that term is defined in
42     Section 53B-3-102.
43          (2) A state institution of higher education may not:
44          (a) sell a health insurance product; or
45          (b) permit any person to use, for the purpose of selling a health insurance product, the
46     name of the state institution of higher education or a trademark or a trade name belonging to
47     the state institution of higher education.
48          (3) This section does not prohibit a state institution of higher education from receiving
49     payment for services under the Medicaid program.