Insurance, Administration

Rule R590-258

Email Address Requirement

Notice of Proposed Rule

(New Rule)

DAR File No.: 33822
Filed: 07/14/2010 12:59:07 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to require licensees and registered persons to provide the Department with their current business email address to reduce mailing expense, promote paperless interaction, support the Utah Health Exchange and improve accuracy, reliability, and promptness of communication.

Summary of the rule or change:

This rule requires licensees to submit and maintain a valid business email address. These email addresses will be used by the Department to communicate general information, license renewal notices, billing invoices, consumer complaints, requests for information, or other correspondence. Violators of this rule may be penalized according to Section 31A-2-308. The rule will be enforced 45 days after its effective date.

State statutory or constitutional authorization for this rule:

• Section 31A-2-201
• Section 46-4-501

Anticipated cost or savings to:

the state budget:

To submit or update an email address, individuals or organizations will go on-line to SIRCON or NIPR and insurers will go on-line through another source. These changes will automatically update the Department's database without the involvement of Department personnel. This is going to be a cost and time savings communication tool between the Department and its licensees.

local governments:

This rule will have no effect local governments since it deals solely with the relationship between the Department and its licensees and registered persons.

small businesses:

This rule will cut mailing costs and processing time for the Department and its licensees and registered persons when dealing with licensing, complaints, requests for information, invoices, and other general correspondence which will be done electronically rather than by mail.

persons other than small businesses, businesses, or local governmental entities:

This rule will cut mailing costs and processing time for the Department and its licensees and registered persons when dealing with licensing, complaints, requests for information, billings, and other general correspondence which will be done electronically rather than by mail.

Compliance costs for affected persons:

There will be no compliance costs for licensees. Instead of corresponding by mail to the Department, they will be corresponding in most cases by email.

Comments by the department head on the fiscal impact the rule may have on businesses:

Currently, the Department has around 85,000 licensees. To move from communicating with them via the mail to email for licensing, complaints, invoices, and other correspondence will be a significant cost and time savings tool for the Department and the licensees.

Neal T. Gooch, Commissioner

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

Insurance
Administration
450 N MAIN ST
SALT LAKE CITY, UT 84114-1201

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

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/31/2010

This rule may become effective on:

09/07/2010

Authorized by:

Jilene Whitby, Information Specialist

R590. Insurance, Administration.

R590-258. Email Address Requirement.

R590-258-1. Authority.

This rule is promulgated pursuant to Subsection 31A-2-201(3), which authorizes the commissioner to adopt rules to implement the provisions of Title 31A, and Subsection 46-4-501(1), which authorizes state governmental agencies to make rules relating to electronic transactions and records.

 

R590-258-2. Purpose and Scope.

(1) The purpose of this rule is to require a licensed or registered person to have a current valid email address on file with the commissioner in order to:

(a) improve the accuracy, reliability, and promptness of communications between the department and those persons to whom the rule applies;

(b) reduce mailing expense;

(c) promote paperless interaction with a licensed or registered person; and

(d) support the Utah Health Exchange.

(2) Scope. This rule applies to an individual, agency, provider, insurer, and other organization licensed or registered by the commissioner to do business in Utah.

 

R590-258-3. Requirement to Submit and Maintain a Valid Email Address.

(1) A person to whom this rule applies shall submit to, and maintain with, the commissioner a valid business email address where the person can receive from the department, communication which includes, but is not limited to:

(a) a general notification;

(b) a license renewal notice;

(c) a billing invoice;

(d) a consumer complaint;

(e) a request for information; or

(f) other correspondence.

(2) A person to whom this rule applies must confirm that the spam filter for the email address required in Subsection (1) above will accept email correspondence from the department.

(3) Correspondence sent by the department to the email address required in Subsection (1) above shall be considered received by the person.

(4) A change of email address shall be submitted electronically at no cost to the licensed or registered person:

(a) an individual or agency licensee shall submit the change at http://www.sircon.com/utah or http://www.nipr.com/; and

(b) a licensed or registered person, other than an individual or agency licensee shall, submit the change at http://clr.utah.gov/.

 

R590-258-4. Penalties.

A person found to be in violation of this rule shall be subject to penalties as provided under Section 31A-2-308.

 

R590-258-5. Enforcement Date.

The commissioner will begin enforcing this rule 45 days from the rule's effective date.

 

R590-258-6. Severability.

If any provision of this rule or its application to any person or situation is held to be invalid, that invalidity shall not affect any other provision or application of this rule which can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable.

 

KEY: insurance

Date of Enactment or Last Substantive Amendment: 2010

Authorizing, and Implemented or Interpreted Law: 31A-2-201; 46-4-501