No. 36031 (5-year Review): Rule R590-239. Exemption of Student Health Centers From Insurance Code

DAR File No.: 36031
Filed: 04/04/2012 01:26:50 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:

Section 31A-2-201 gives the commissioner authority to implement by rule the provisions of Title 31A. Subsection 31A-1-103(3)(d) allows the commission to exempt from regulation under Title 31A, business specified by findings that the transaction of business in this state does not require regulation for the protection of the residents or it would be impracticable to require compliance.

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

No written comments regarding this rule have been received by the department in 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:

The purpose of this rule is to exempt student health centers established by institutions of higher education from regulation under the Utah Insurance Code. The rule clarifies what is and is not insurance so as to not impose a greater burden on an organization that does not sell insurance. It states that student health centers are not insurance and therefore regulated by the Insurance Department. On the other hand, health insurance from an insurer through an institution to its students is not exempt from state insurance regulations. 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:

• Jilene Whitby at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at [e-mail]

Authorized by:

Jilene Whitby, Information Specialist

Effective:

04/04/2012

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