R590-220-4. Definitions

  In addition to the definitions in Sections 31A-1-301 and 31A-30-103, the following definitions shall apply for the purposes of this rule.

  (1) "Certification" means a statement that the filing being submitted is in compliance with Utah laws and rules.

  (2) "Discretionary group" means a group that has been specifically authorized by the commissioner under Subsection 31A-22-701(2)(c).

  (3) "Electronic filing" means a filing submitted via the Internet by using the System for Electronic Rate and Form Filings, SERFF.

  (4) "Eligible group" means a group that meets the requirements in Section 31A-22-701.

  (5) "File And Use" means a filing can be used, sold, or offered for sale after it has been filed with the department.

  (6) "File Before Use" means a filing can be used, sold, or offered for sale after it has been filed with the department and a stated period of time has elapsed from the date filed.

  (7) "File For Acceptance" means a filing can be used, sold, or offered for sale after it has been filed and the filer has received written confirmation that the filing was accepted.

  (8) "File for Approval" means a filing can be used, sold, or offered for sale after it has been filed and the filer has received written confirmation that the filing was approved.

  (9) "Filer" means a person who submits a filing.

  (10) "Filing," when used as a noun, means an item required to be filed with the department including:

  a) a policy;

  (b) a rate, rate manual, or rate methodologies;

  (c) a form;

  (d) a document;

  (e) a plan;

  (f) a manual;

  (g) an application;

  (h) a report;

  (i) a certificate;

  (j) an endorsement or rider;

  (k) an actuarial memorandum, demonstration, and certification;

  (l) a licensee annual statement;

  (m) a licensee renewal application;

  (n) an advertisement;

  (o) a binder; or

  (p) an outline of coverage.

  (11) "Filing Objection Letter" means a letter issued by the commissioner when a review has determined the filing fails to comply with Utah law and rules. The filing objection letter, in addition to requiring correction of non-compliant items, may request clarification or additional information pertaining to the filing.

  (12) "Filing status information" means a list of the states to which the filing was submitted, the date submitted, and the states' actions, including their responses.

  (13) "Letter of authorization" means a letter signed by an officer of the licensee on whose behalf the filing is submitted that designates filing authority to the filer.

  (14) "Market type" means the type of policy that indicates the targeted market such as individual or group.

  (15) "Non-2014 PPACA compliant health benefit plan" means a health benefit plan that is either:

  (a) a grandfathered health plan as defined in 45 CFR 147.140(a); or

  (b) a transitional health benefit plan as outlined by the letter to Insurance Commissioners from the Centers for Medicare and Medicaid Services dated November 14, 2013 and extended by the Insurance Standards Bulletin Series, Extension of Transitional Policy through October 1, 2016 dated March 5, 2014. A transitional plan is also known as a grandmothered health plan.

  (16) "Order to Prohibit Use" means an order issued by the commissioner that prohibits the use of a filing.

  (17) "Rating methodology change" for the purpose of a non-2014 PPACA compliant health benefit plan means a:

  (a) change in the number of case characteristics used by a covered licensee to determine premium rates for health benefit plans in a class of business;

  (b) change in the manner or procedures by which insureds are assigned into categories for the purpose of applying a case characteristic to determine premium rates for health benefit plans in a class of business;

  (c) change in the method of allocating expenses among health benefit plans in a class of business; or

  (d) change in a rating factor, with respect to any case characteristic, if the change would produce a change in premium for any individual or small employer that exceeds 10%. A change in a rating factor shall mean the cumulative change with respect to such factor considered over a 12-month period. If a covered licensee changes rating factors with respect to more than one case characteristic in a 12-month period, the licensee shall consider the cumulative effect of all such changes in applying the 10% test.

  (18) "Rejected" means a filing is:

  (a) not submitted in accordance with Utah laws and rules;

  (b) returned to the filer by the department with the reasons for rejection; and

  (c) not considered filed with the department.

  (19) "SERFF" means the System for Electronic Rate and Form Filings.

  (20) "Type of insurance" means a specific accident and health product including dental, health benefit plan, long-term care, Medicare supplement, income replacement, specified disease, or vision.

  (21) "Utah Filed Date" means the date provided to a filer by the Utah Insurance Department that indicates a paper filing has been accepted. If the Utah Filed Date is used for compliance with any section of this rule, a complete copy of the paper filing with the filed date stamped on the filing must be attached as a supporting document. In addition, if the filing was amended at any time, the amendment filing must also be attached as a supporting document.