Utah Administrative Code
The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).
NOTE: For a list of rules that have been made effective since August 1, 2019, please see the codification segue page.
NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.
R131. Capitol Preservation Board (State), Administration.
Rule R131-13. Health Reform -- Health Insurance Coverage in State Contracts -- Implementation.
As in effect on August 1, 2019
Table of Contents
- R131-13-1. Purpose.
- R131-13-2. Authority.
- R131-13-3. Demonstration of Compliance.
- R131-13-4. Compliance Subject to Audit.
- R131-13-5. Penalties.
- R131-13-6. Benchmark available on DFCM Website.
- Date of Enactment or Last Substantive Amendment
- Notice of Continuation
- Authorizing, Implemented, or Interpreted Law
The purpose of this rule is to comply with the provisions of Section 63C-9-403.
This rule is authorized under Subsection 63C-9-301(3)(a) whereby the Capitol Preservation Board may make rules to govern, administer, and regulate the capitol hill complex, capitol hill facilities, and capitol hill grounds by following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as well as Section 63C-9-403 that requires this rule related to health insurance provisions in certain design and construction contracts.
(1) At such time as a contractor becomes subject to the requirements of section 63C-9-403, the contractor shall obtain and submit to the Executive Director a written Statement of Compliance in the form published on the website of the Utah Division of Facilities Construction and Management ("DFCM Website").
(2) At such time as a subcontractor of a contractor becomes subject to the requirements of section 63C-9-403, the contractor shall obtain from the subcontractor a written Statement of Compliance in the form published on the DFCM Website.
A contractor's or subcontractor's compliance with section 63C-9-403 is subject to an audit by the Capitol Preservation Board or the Office of the Legislative Auditor General.
The penalties that may be imposed if a contractor or subcontractor intentionally violates the provisions of 63C-9-403 may include:
(1) a three-month suspension of the contractor or subcontractor from entering into future contracts with the state upon the first violation;
(2) a six-month suspension of the contractor or subcontractor from entering into future contracts with the state upon the second violation;
(3) an action for debarment of the contractor or subcontractor in accordance with Section 63G-6a-904 upon the third or subsequent violation; and
(4) monetary penalties which may not exceed 50% of the amount necessary to purchase qualified health insurance coverage for an employee and dependents of an employee of the contractor or subcontractor who were not offered qualified health insurance coverage during the duration of the contract.
The commercially equivalent benchmark for the qualified health insurance coverage that is provided by the Department of Health in accordance with Utah Code section 26-40-115(2) is available on the DFCM Website.
health insurance, contractors, contracts
June 13, 2019
April 17, 2019
For questions regarding the content or application of rules under Title R131, please contact the promulgating agency (Capitol Preservation Board (State), Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.