§ 31A-8a-103 — Scope and purposes.

(1) A person shall comply with the provisions of this chapter if the person operates a health discount program in this state.
(2) Notwithstanding any provision in this title, a person who only operates or markets a health discount program is exempt from:

(2)(a) Section 31A-4-113;
(2)(b) Section 31A-4-113.5;
(2)(c) Chapter 6a, Service Contracts;
(2)(d) Chapter 7, Nonprofit Health Service Insurance Corporations;
(2)(e) Section 31A-8-209;
(2)(f) Section 31A-8-211;
(2)(g) Section 31A-8-214;
(2)(h) Chapter 9, Insurance Fraternals, Chapter 10, Annuities, Chapter 11, Motor Clubs, and Chapter 12, State Risk Management Fund;
(2)(i) Chapter 17, Determination of Financial Condition, and Chapter 18, Investments;
(2)(j) Chapter 19a, Utah Rate Regulation Act;
(2)(k) Sections 31A-23a-103 and 31A-23a-104;
(2)(l) Chapter 25, Third Party Administrators, and Chapter 26, Insurance Adjusters;
(2)(m) Chapter 28, Guaranty Associations; and
(2)(n) Chapter 35, Bail Bond Act, Chapter 36, Life Settlements Act, Chapter 37, Captive Insurance Companies Act, and Chapter 38, Federal Health Care Tax Credit Program Act.
(3) A person licensed under this title as an accident and health insurer or health maintenance organization:

(3)(a) is not required to obtain a license as required by Section 31A-8a-201 to operate a health discount program; and
(3)(b) is required to comply with all other provisions of this chapter.
(4) The purposes of this chapter include:

(4)(a) full disclosure in the sale of health discount programs;
(4)(b) reasonable regulation of the marketing and disclosure practices of health discount program operators; and
(4)(c) licensing standards for health discount programs.
(5) Nothing in this chapter prohibits a health discount program operator from marketing a health discount program operator's own services without a health discount program marketer license.

Legislative History

Amended by Chapter 258, 2015 General Session