DAR File No. 39021

This notice was published in the January 15, 2015, issue (Vol. 2015, No. 2) of the Utah State Bulletin.


Insurance, Administration

Rule R590-132

Insurance Treatment of Human Immunodeficiency Virus (HIV) Infection

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 39021
Filed: 12/22/2014 03:46:57 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:

Subsection 31A-2-201(3)(4) authorizes the commissioner to write rules to implement the code and to issue orders to secure compliance with the title. The rule identifies and restricts certain underwriting, classification or declination practices that have been used to discriminate against individuals with HIV infection. The rule also provides guidelines regarding confidentiality of AIDS related testing.

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

The department has not received any written comments in the past five years regarding this rule.

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

This rule makes certain that persons with HIV infection will not be singled out for either unfair discrimination or preferential treatment for insurance purposes. The rule also sets guidelines for HIV testing and the use of test results to protect consumers and their information. 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:

Insurance
Administration
Room 3110 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

  • Steve Gooch at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov

Effective:

12/22/2014

Authorized by:

Todd Kiser, Commissioner


Additional Information

More information about a Five-Year Notice of Review and Statement of Continuation is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2015/b20150115.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

For questions regarding the content or application of this rule, please contact Steve Gooch at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov.  For questions about the rulemaking process, please contact the Division of Administrative Rules.