No. 32756: R590-192. Unfair Accident and Health Income Replacement Claims Settlement Practices Rule

DAR File No.: 32756
Filed: 06/25/2009, 02:13
Received by: NL

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:

This rule is enacted pursuant to Subsections 31A-2-201(1) and 31A-2-201(3)(a) in which the commissioner is empowered to administer and enforce this title and to make rules to implement the provisions of this title. Authority to provide for timely settlement of claims is provided by Subsection 31A-26-301(1) and detailed in Section R590-192-9 of the rule. Matters relating to proof and notice of loss are promulgated pursuant to Section 31A-26-301 and Subsection 31A-21-312(5) and detailed in Sections R590-192-7 and R590-192-8 of the rule. Authority to promulgate rules defining unfair claims settlement practices or acts is provided in Subsection 31A-26-303(4) and are detailed in Sections R590-192-6 and R590-192-12 of the rule. The authority to require a timely, accurate, and complete response to the department is provided by Subsections 31A-2-202(4) and (6) and also Section R590-192-11 of the rule.

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 not received any written comments regarding this rule within 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 is a major consumer protection regulation. It sets parameters and time lines for payments of health insurance claims. 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