No. 43474 (5-year Review): Rule R590-269. Individual Open Enrollment Period

DAR File No.: 43474
Filed: 01/11/2019 11:02:26 AM

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-30-117(1)(c) requires the Insurance Commissioner to adopt a rule to establish one statewide open enrollment period for the individual insurance market that is not part of the Federally Facilitated Marketplace.

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 Insurance Department has received no written 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 must be continued because it authorizes an open enrollment period for Utahns who do not get insurance through the Federally Facilitated Marketplace to purchase insurance on the individual market with guaranteed issue of health insurance. Without this rule, Utahns who have a qualifying life event (lose a job, adopt a child, etc.) would need to pass a health examination before re-purchasing insurance. This could lead to those individuals having their coverage denied due to preexisting conditions.

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:

01/11/2019

Authorized by:

Steve Gooch, Information Specialist

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