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 January 1, 2020, please see the codification segue page.
NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.
R590. Insurance, Administration.
Rule R590-176. Health Benefit Plan Enrollment.
As in effect on January 1, 2020
Table of Contents
- R590-176-1. Authority.
- R590-176-2. Purpose and Scope.
- R590-176-3. Definitions.
- R590-176-4. General Provisions.
- R590-176-5. Application and Enrollment.
- R590-176-6. Severability.
- Date of Enactment or Last Substantive Amendment
- Notice of Continuation
- Authorizing, Implemented, or Interpreted Law
The commissioner's authority to promulgate this rule is provided in Sections 31A-2-201(3) and 31A-2-202(2).
The purpose and scope of this rule is to provide enrollment requirements under Section 31A-30-108 for carriers who provide health benefit plan coverage to individuals and small employers as stated in Section 31A-30-104.
(1) The definitions in Sections 31A-1-301 and 31A-30-103 apply to this rule.
(2) "Time period" means the period such as daily, weekly or monthly, as determined by the carrier, in which applications are grouped.
(1) Any attempt to selectively or unfairly delay, obstruct or otherwise hinder any person from obtaining coverage under Chapter 30 is a violation of Section 31A-30-108.
(2) Enrollment shall be equally available through all distribution systems.
(3) A carrier may not market or encourage producers to market individual or small employer health benefit plans in such a way that there is a lessened incentive to insure business with greater health risks.
(4) All records regarding enrollment applications and underwriting determinations shall:
(a) be retrievable for examination by the time period the application was received;
(b) include all documents, indicating the applicable date, pertaining to the application and its underwriting; and
(c) be retained for the current year plus three years.
(5) The documents indicated in Subsection (4)(b) would include:
(a) application and date received,
(b) notifications to the applicant and the date of notification;
(c) records used in underwriting and date received; and
(d) underwriting decision and date of decision.
(1) Each carrier shall establish a procedure to determine the order of applications. The procedure shall group the applications into consistent time periods. The carrier shall keep a record of all applications for coverage that includes the time period an application is received by the carrier.
(2) All applications shall be treated consistently.
(3)(a) A complete application shall be processed and a written notice of the decision communicated to the applicant within 30 days of the decision.
(b) The carrier may not require that an application be complete in order to qualify as an application for coverage.
(c) If an application is incomplete, within 15 days from receipt of the application a carrier shall notify the applicant of the areas that are incomplete and the information required to complete the application.
(d) Before an application can be rejected as incomplete, applicants shall have at least 30 days after being notified additional information is required to provide the information.
If any provision or clause of this rule or its application to any person or situation is held invalid, such 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.
December 2, 2014
December 12, 2016
For questions regarding the content or application of rules under Title R590, please contact the promulgating agency (Insurance, 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.