Insurance, Administration

Rule R590-172

Notice to Uninsurable Applicants for Health Insurance

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 33595
Filed: 04/29/2010 03:39:09 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 31A-29-116 requires the department to write a rule governing the notice of availability to be given by insurers to potential enrolees in the Health Insurance Pool (HIP). This rule sets requirements as to when and to whom the notice is to be given and the wording required in the notice.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

During the time that this rule was having its last five-year review, the rule was also being amended. During the comment period we received one comment that was reviewed and applied the suggestion to the rule in a Change in Proposed Rule filing. The department has not received any other comments regarding this rule since then.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule provides the language that insurers must use to notify someone that they are being denied coverage and that they have the option to go to the HIPUtah Pool. The notice provides the consumer with time frames and the residency requirements to qualify for the Pool. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Jilene Whitby at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at jwhitby@utah.gov

Effective:

04/29/2010

Authorized by:

Jilene Whitby, Information Specialist