No. 38311 (5-year Review): Rule R590-220. Submission of Accident and Health Insurance Filings

DAR File No.: 38311
Filed: 02/24/2014 08:42:46 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:

Section 31A-2-201.1 gives the commissioner the authority to write rules regarding rates, forms and reports. Subsection 31A-2-201(3) authorizes the commissioner to write rules to implement the provisions of Title 31A. Subsection 31A-2-202(2) gives the commissioner power reasonable to perform the duties imposed by Title 31A. Subsection 31A-22-605(4) authorizes the commissioner to write rules regarding the contents of policy provisions and minimum benefit standards; the content and format of the outline of provisions; the method of identifying policies and contracts; and rating practices. Subsection 31A-22-620(3)(f) authorizes the commissioner to adopt rules to prohibit policy provisions that would be unjust, unfair or unfairly discriminatory under a Medicare Supplement policy or certificate. Subsection 31A-30-106(1) sets standards for health benefit plans for individuals in individual and small employer groups; and Subsection 31A-30-106(4) requires carriers that offer health benefit plans to individuals to maintain at the carrier's principle place of business a description of their rating practices and renewal underwriting practices. Subsection 31A-30-106.1(13) requires small employer carriers to maintain at their principle place of business a complete and detailed description of its rating practices and renewal underwriting practices. Subsection 31A-30-106.1(14) authorizes the commissioner to write rules regarding rates and rating practices used by small employer carriers and rates charged for health benefit plans, as well as case characteristics used by small employer and individual carriers.

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

Substantive and nonsubstantive changes were made to this rule during the past five years. At no time, during the comment periods, or otherwise, did the department receive written comments regarding this rule.

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 important in requiring that the department receive policy rate and form information from insurers necessary to make sure there is no unfair discrimination in the coverage health insurers provide and the rates charged. 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]

Effective:

02/24/2014

Authorized by:

Todd Kiser, Commissioner

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