Scope and purposes.

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  • (1) A person shall comply with the provisions of this chapter if the person operates a health discount program in this state.
  • (2) Notwithstanding any provision in this title, a person who only operates or markets a health discount program is exempt from:
    • (a) Section 31A-4-113;
    • (b) Section 31A-4-113.5;
    • (c)Chapter 6a, Service Contracts;
    • (d)Chapter 7, Nonprofit Health Service Insurance Corporations;
    • (e) Section 31A-8-209;
    • (f) Section 31A-8-211;
    • (g) Section 31A-8-214;
    • (h)Chapter 9, Insurance Fraternals, Chapter 10, Annuities, Chapter 11, Motor Clubs, and Chapter 12, State Risk Management Fund;
    • (i)Chapter 17, Determination of Financial Condition, and Chapter 18, Investments;
    • (j)Chapter 19a, Utah Rate Regulation Act;
    • (k) Sections 31A-23a-103 and 31A-23a-104;
    • (l)Chapter 25, Third Party Administrators, and Chapter 26, Insurance Adjusters;
    • (m)Chapter 28, Guaranty Associations; and
    • (n)Chapter 35, Bail Bond Act, Chapter 36, Life Settlements Act, Chapter 37, Captive Insurance Companies Act, and Chapter 38, Federal Health Care Tax Credit Program Act.
  • (3) A person licensed under this title as an accident and health insurer or health maintenance organization:
    • (a) is not required to obtain a license as required by Section 31A-8a-201 to operate a health discount program; and
    • (b) is required to comply with all other provisions of this chapter.
  • (4) The purposes of this chapter include:
    • (a) full disclosure in the sale of health discount programs;
    • (b) reasonable regulation of the marketing and disclosure practices of health discount program operators; and
    • (c) licensing standards for health discount programs.
  • (5) Nothing in this chapter prohibits a health discount program operator from marketing a health discount program operator's own services without a health discount program marketer license.




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