R590-176-4. General Provisions

  (1) Any attempt to selectively or unfairly delay, obstruct or otherwise hinder any person from obtaining coverage under Chapter 30 is a violation of Section 31A-30-108.

  (2) Enrollment shall be equally available through all distribution systems.

  (3) A carrier may not market or encourage producers to market individual or small employer health benefit plans in such a way that there is a lessened incentive to insure business with greater health risks.

  (4) All records regarding enrollment applications and underwriting determinations shall:

  (a) be retrievable for examination by the time period the application was received;

  (b) include all documents, indicating the applicable date, pertaining to the application and its underwriting; and

  (c) be retained for the current year plus three years.

  (5) The documents indicated in Subsection (4)(b) would include:

  (a) application and date received,

  (b) notifications to the applicant and the date of notification;

  (c) records used in underwriting and date received; and

  (d) underwriting decision and date of decision.