DAR File No. 41063

This notice was published in the January 1, 2017, issue (Vol. 2017, No. 1) of the Utah State Bulletin.

Insurance, Administration

Rule R590-176

Health Benefit Plan Enrollment

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 41063
Filed: 12/12/2016 03:50:43 PM


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) authorizes the commissioner to write rules to implement the Insurance Code, Title 31A. The rule provides enrollment standards, as required by Section 31A-30-108, for carriers who provide health benefit plan coverage to individuals and small employers, as stated in Section 31A-30-104. Subsection 31A-2-202(2) allows the commissioner to prescribe forms for the collection of information by the department. The rule requires the insurer to file a certificate with the department that includes information about the individuals covered, the qualifying conditions, and uninsurable count at the end of an enrollment.

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 received no comments regarding this rule during the past five years.

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 clarification for Title 31A, Chapter 30, with regard to the federal Health Insurance Portability and Accountability Act (HIPAA). The rule provides standards that must be met for an insurer to be waived from the requirements of Chapter 30 and defines what constitutes meeting the enrollment cap. It also addresses general requirements to make sure insurers treat health benefit plan applicants fairly. Therefore, this rule should be continued.

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

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



Authorized by:

Steve Gooch, Information Specialist

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/2017/b20170101.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 Office of Administrative Rules.