No. 41063 (5-year Review): Rule R590-176. Health Benefit Plan Enrollment

DAR File No.: 41063
Filed: 12/12/2016 03:50:43 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:

Subsection 31A-2-201(3) authorizes the commissioner to write rules to implement the Insurance Code, Title 31A. The rule provides enrollment standards, as required by Section 31A-30-108, for carriers who provide health benefit plan coverage to individuals and small employers, as stated in Section 31A-30-104. Subsection 31A-2-202(2) allows the commissioner to prescribe forms for the collection of information by the department. The rule requires the insurer to file a certificate with the department that includes information about the individuals covered, the qualifying conditions, and uninsurable count at the end of an enrollment.

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 received no comments regarding this rule during 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 provides clarification for Title 31A, Chapter 30, with regard to the federal Health Insurance Portability and Accountability Act (HIPAA). The rule provides standards that must be met for an insurer to be waived from the requirements of Chapter 30 and defines what constitutes meeting the enrollment cap. It also addresses general requirements to make sure insurers treat health benefit plan applicants fairly. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Office 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:

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

Effective:

12/12/2016

Authorized by:

Steve Gooch, Information Specialist

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