Utah Administrative Code
Topic - Insurance
Title R590 - Administration
Rule R590-167 - Individual, Small Employer, and Group Health Benefit Plan Rule
Section R590-167-10 - Status of a Carrier as a Covered Carrier
Universal Citation: UT Admin Code R 590-167-10
Current through Bulletin 2024-06, March 15, 2024
(1)
(a) Before marketing a health benefit plan, a
carrier shall file with the commissioner its intent to operate as a covered
carrier in Utah under the terms of the act and of this rule.
(b) The filing shall state if the carrier
intends to market to individuals, small employers, or both, and shall be signed
by an officer of the company.
(2) Except as provided by Subsection (3), a carrier may not offer a health benefit plan to an individual or a small employer in Utah, or continue to provide coverage under a health benefit plan previously issued to an individual or a small employer in Utah, unless the filing under Subsection (1) indicates that the carrier intends to operate as a covered carrier in Utah.
(3)
(a) If a carrier does not intend to operate
as a covered carrier in Utah, the carrier may continue to provide coverage
under a health benefit plan previously issued to an individual or a small
employer in Utah if:
(i) the carrier complies
with the act with respect to each health benefit plan previously issued to an
individual or a small employer;
(ii) the carrier provides coverage to each
new entrant to a health benefit plan previously issued to an individual or a
small employer;
(iii) the carrier
complies with Sections 31A-30-106 and 31A-30-106.1 and this rule as they apply
to an individual or a small employer whose coverage was terminated, limited, or
restricted by the carrier; and
(iv)
the carrier files a letter of intent indicating the carrier does not intend to
operate as a covered carrier in Utah and will maintain the business in
compliance with the act and this rule.
(b)
(i) If
a filing made under Subsection (3) indicates that a carrier does not intend to
operate as a covered carrier in Utah, the carrier is precluded from operating
as a covered carrier in Utah, except as provided for in Subsection (3), for a
period of five years from the date of the filing.
(ii) Upon written request from the carrier,
the commissioner may reduce the five-year period if the commissioner finds that
permitting the carrier to operate as a covered carrier would be in the best
interests of the individuals and small employers in Utah.
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