§ 31A-8a-205 — Disclosure of health discount program terms.

(1) (1)(a) Health discount program operators shall provide to each purchaser or potential purchaser a copy of the terms of the discount program at the time of purchase.
(1)(b) For purposes of this section "purchaser" means the employer in an employer sponsored plan, or an individual purchasing outside of an employer relationship.
(2) The disclosure required by Subsection (1) should be clear and thorough and should include any administrative or monthly fees, trial periods, procedures for securing discounts, cancellation procedures and corresponding refund requests, and procedures for filing disputes.
(3) (3)(a) A contract shall be signed by the purchaser acknowledging the terms before any fees are collected and shall include notice of the purchaser's 30-day free look rights.
(3)(b) For purposes of this Subsection (3) and Section 46-4-201, when a contract is entered into via telephone, facsimile transmission or the Internet, the following is considered a signing of the contract:
(3)(b)(i) if via the Internet, the online application form is completed and sent by the purchaser to the health discount program operator;
(3)(b)(ii) if via facsimile transmission, the application is completed, signed and faxed to the health discount program operator; or
(3)(b)(iii) if via telephone, the script used by the health discount program operator to solicit the purchaser shall include any limitations or exclusions to the program, and the contract shall be provided to the purchaser via facsimile, mail, or email within 10 working days of the purchaser consenting to enrolling over the telephone.

Legislative History

Amended by Chapter 135, 2013 General Session