§ 31A-8a-103. Scope and purposes.

(1) A person shall comply with the provisions of this chapter if the person operates a health discount program in this state.

(2) Notwithstanding any provision in this title, a person who only operates or markets a health discount program is exempt from:

(a) Section 31A-4-113;

(b) Section 31A-4-113.5;

(c) Chapter 6a, Service Contracts;

(d) Chapter 7, Nonprofit Health Service Insurance Corporations;

(e) Section 31A-8-209;

(f) Section 31A-8-211;

(g) Section 31A-8-214;

(h) Chapter 9, Insurance Fraternals, Chapter 10, Annuities, Chapter 11, Motor Clubs, and Chapter 12, State Risk Management Fund;

(i) Chapter 17, Determination of Financial Condition, and Chapter 18, Investments;

(j) Chapter 19a, Utah Rate Regulation Act;

(k) Sections 31A-23a-103 and 31A-23a-104;

(l) Chapter 25, Third Party Administrators, and Chapter 26, Insurance Adjusters;

(m) Chapter 28, Guaranty Associations, and Chapter 29, Comprehensive Health Insurance Pool Act; and

(n) Chapter 35, Bail Bond Act, Chapter 36, Life Settlements Act,Chapter 37, Captive Insurance Companies Act, and Chapter 38, Federal Health Care Tax Credit Program Act.

(3) A person licensed under this title as an accident and health insurer or health maintenance organization:

(a) is not required to obtain a license as required by Section 31A-8a-201 to operate a health discount program; and

(b) is required to comply with all other provisions of this chapter.

(4) The purposes of this chapter include:

(a) full disclosure in the sale of health discount programs;

(b) reasonable regulation of the marketing and disclosure practices of health discount program operators; and

(c) licensing standards for health discount programs.

(5) Nothing in this chapter prohibits a health discount program operator from marketing a health discount program operator's own services without a health discount program marketer license.

Amended by Chapter 135, 2013 General Session