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Utah Administrative Code (Current through November 1, 2019) |
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R23. Administrative Services, Facilities Construction and Management |
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R23-23. Health Reform -- Health Insurance Coverage in State Contracts -- Implementation |
| R23-23-1. Purpose |
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The purpose of this rule is to comply with the provisions of Section 63A-5-205.5. |
| R23-23-2. Authority |
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This rule is authorized under Subsection 63A-5-103(2)(a), which directs the Utah State Building Board to make rules necessary for the discharge of the duties of the Division of Facilities Construction and Management as well as Section 63A-5-205.5 which requires this rule related to health insurance provisions in certain design and/or construction contracts. |
| R23-23-3. Demonstration of Compliance |
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(1) At such time as a contractor becomes subject to the requirements of Section 63A-5-205.5, the contractor shall obtain and submit to the director a written Statement of Compliance in the form published on the division's website. (2) At such time as a subcontractor of a contractor becomes subject to the requirements of Section 63A-5-205.5, the contractor shall obtain from the subcontractor a written Statement of Compliance in the form published on the division's website. |
| R23-23-4. Compliance Subject to Audit |
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A contractor or subcontractor's compliance with Section 63A-5-205.5 is subject to an audit by the division or the Office of the Legislative Auditor General. |
| R23-23-5. Penalties |
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The penalties that may be imposed if a contractor or subcontractor intentionally violates the provisions of Section 63A-5-205.5 may include: (1) a three-month suspension of the contractor or subcontractor from entering into future contracts with the state upon the first violation; (2) a six-month suspension of the contractor or subcontractor from entering into future contracts with the state upon the second violation; (3) an action for debarment of the contractor or subcontractor in accordance with Section 63G-6a-904 upon the third or subsequent violation; and (4) monetary penalties which may not exceed 50 percent of the amount necessary to purchase qualified health insurance coverage for an employee and the dependents of an employee of the contractor or subcontractor who were not offered qualified health insurance coverage during the duration of the contract. |
| R23-23-6. Benchmark Available on Division's Website |
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The commercially equivalent benchmark for the qualified health insurance coverage that is provided by the Department of Health in accordance with Utah Code Subsection 26-40-115(2) is available on the division's website. |