reglab/housing_qa huggingface dataset:
UT Code § 31A-32a-102 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 32a - Medical Care Savings Account Act|Section 102 - Definitions.

31A-32a-102. Definitions.  As used in this chapter:  (1) "Account administrator" means any of the following:   (a) a depository institution as defined in Section 7-1-103;     (b) a trust company as defined in Section 7-1-103;     (c) an insurance company authorized to do business in this state under this title;     (d) a third party administrator licensed under Section 31A-25-203; and     (e) an employer if the employer has a self-insured health plan under ERISA.       (2) "Account holder" means the resident individual who establishes a medical care savings account or for whose benefit a medical care savings account is established.     (3) "Deductible" means the total deductible for an employee and all the dependents of that employee for a calendar year.     (4) "Dependent" means the same as "dependent" under Section 31A-30-103.     (5) "Eligible medical expense" means an expense paid by the taxpayer for:   (a) medical care described in Section 213(d), Internal Revenue Code;     (b) the purchase of a health coverage policy, certificate, or contract, including a qualified higher deductible health plan; or     (c) premiums on long-term care insurance policies as defined in Section 31A-1-301.       (6) "Employee" means the individual for whose benefit or for the benefit of whose dependents a medical care savings account is established. Employee includes a self-employed individual.     (7) "ERISA" means the Employee Retirement Income Security Act of 1974, Public Law 93-406, 88 Stat. 829.     (8) "Higher deductible" means a deductible of not less than $1,000.     (9) "Medical care savings account" or "account" means a trust account established at a depository institution in this state pursuant to a medical care savings account program to pay the eligible medical expenses of:   (a) an employee or account holder; and     (b) the dependents of the employee or account holder.       (10) "Medical care savings account program" or "program" means one of the following programs:   (a) a program established by an employer in which the employer:   (i) purchases a qualified higher deductible health plan for the benefit of an employee and the employee's dependents; and     (ii) contributes on behalf of an employee into a medical care savings account; or       (b) a program established by an account holder in which the account holder:   (i) purchases a qualified higher deductible health plan for the benefit of the account holder and the account holder's dependents; and     (ii) contributes an amount to the medical care savings account.         (11) "Qualified higher deductible health plan" means a health coverage policy, certificate, or contract that:   (a) provides for payments for covered benefits that exceed the higher deductible; and     (b) is purchased by:   (i) an employer for the benefit of an employee for whom the employer makes deposits into a medical care savings account; or     (ii) an account holder.        Amended by Chapter 116, 2001 General Session
UT Code § 31A-32a-103 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 32a - Medical Care Savings Account Act|Section 103 - Establishing medical care savings accounts.

31A-32a-103. Establishing medical care savings accounts.    (1) For a taxable year beginning on or after January 1, 1995:   (a) an employer, except as otherwise provided by contract or a collective bargaining agreement, may offer a medical care savings account program to the employer's employees; or     (b) a resident individual may establish a medical care savings account program for the individual or for the individual's dependents.       (2)   (a) A contribution into an account made by an employer on behalf of an employee, or made by an individual account holder may not exceed the greater of:   (i) $2,000 in any taxable year; or     (ii) an amount of money equal to the sum of all eligible medical expenses paid by the employee or account holder for that taxable year on behalf of the employee, account holder, or the employee's or account holder's spouse or dependents.       (b) For purposes of Subsection (2)(a)(ii), eligible medical expenses are limited to expenses in the taxable year that an insurance carrier has applied to the employee's or account holder's deductible.       (3) An employer that offers a medical care savings account program shall, before making any contributions:   (a) inform all employees in writing of the fact that these contributions may not be deductible under the federal tax laws; and     (b) obtain from the employee a written election to participate in the medical care savings account program.       (4) Except as provided in Sections 31A-32a-105 and 59-10-114, principal contributed to and interest earned on a medical care savings account and money reimbursed to an employee or account holder for eligible medical expenses are exempt from taxation.     (5)   (a) An employer may select a single account administrator for all of the employer's employee's medical care savings accounts.     (b) If a single account administrator is not selected, an employer may contribute directly to the account holder's individual medical care savings account.      Amended by Chapter 389, 2008 General Session
UT Code § 31A-32a-104 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 32a - Medical Care Savings Account Act|Section 104 - Administration of medical care savings account.

31A-32a-104. Administration of medical care savings account.    (1) An account administrator shall administer the medical care savings account from which the payment of claims is made and has a fiduciary duty to the person for whose benefit the account administrator administers an account.     (2)   (a) Except as provided in Subsection 31A-32a-105(1), the account administrator shall use the funds held in a medical care savings account solely for the purpose of paying or reimbursing the employee or account holder for eligible medical expenses of the employee or account holder or of the employee's or account holder's dependents.     (b) The commissioner shall adopt rules concerning the coordination of benefits between a medical care savings account and medical expenses payable from automobile insurance policies, workers' compensation insurance policies, or other health care insurance policies or contracts.       (3) The employee or account holder may submit documentation of eligible medical expenses paid by the employee or account holder in the taxable year to the account administrator, and the account administrator shall reimburse the employee or account holder from the employee's or account holder's account for eligible medical expenses.     (4) If an employer makes contributions to a medical care savings account program on a periodic installment basis, the employer may advance to an employee an amount necessary to cover eligible medical expenses incurred that exceed the amount in the employee's medical care savings account at the time the expense is incurred if the employee agrees to repay the advance.    Amended by Chapter 389, 2008 General Session
UT Code § 31A-32a-106 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 32a - Medical Care Savings Account Act|Section 106 - Regulation of account administrators -- Administration of addition to adjusted gross income and tax credit -- Rulemaking authority.

 Effective 1/1/2017  31A-32a-106. Regulation of account administrators -- Administration of addition to adjusted gross income and tax credit -- Rulemaking authority.    (1) The department shall regulate account administrators and may adopt rules necessary to administer this chapter.     (2) The State Tax Commission may adopt rules necessary to monitor and implement the amounts required to be added to adjusted gross income in accordance with Sections 31A-32a-105 and 59-10-114.    Amended by Chapter 263, 2016 General Session
UT Code § 31A-32a-107 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 32a - Medical Care Savings Account Act|Section 107 - Penalties for noncompliance with tax provisions.

 Effective 5/8/2018  31A-32a-107. Penalties for noncompliance with tax provisions.    (1) An account administrator who fails to comply with a provision described in Subsection (2) is subject to:   (a) the civil penalties provided in Section 59-1-401; and     (b) interest at the rate and in the manner provided in Section 59-1-402.       (2) The following provisions apply to Subsection (1):   (a) a provision of this chapter relating to an addition to income made in accordance with Section 59-10-114; or     (b) a provision of Title 59, Chapter 10, Individual Income Tax Act, relating to an addition to income made in accordance with Section 59-10-114.      Amended by Chapter 281, 2018 General Session
UT Code § 31A-36-101 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 36 - Life Settlements Act|Section 101 - Title.

31A-36-101. Title.  This chapter is known as the "Life Settlements Act."  Amended by Chapter 355, 2009 General Session
UT Code § 31A-36-103 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 36 - Life Settlements Act|Section 103 - Law governing.

31A-36-103. Law governing.    (1) If there is more than one owner on a single policy and the owners are residents of different states, the law of the state in which the owner having the largest percentage ownership resides governs the life settlement. If the owners own equal fractions of a policy, the owners may agree in writing that the law of the state in which one resides governs the life settlement.     (2) A life settlement that is subject to this chapter may not:   (a) require that the life settlement be construed according to the laws of another jurisdiction; or     (b) deprive a court of competent jurisdiction in Utah to have jurisdiction over an action.      Amended by Chapter 355, 2009 General Session
UT Code § 31A-36-105 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 36 - Life Settlements Act|Section 105 - Filing and use of forms for life settlement and disclosure.

31A-36-105. Filing and use of forms for life settlement and disclosure.    (1) A person may not use a form unless the form is filed with the commissioner under Subsection 31A-21-201(1).     (2) The commissioner may prohibit the use of a form submitted under Subsection (1) pursuant to Subsection 31A-21-201(3).     (3) The commissioner may require the submission of advertising material before its use.    Amended by Chapter 355, 2009 General Session
UT Code § 31A-36-106 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 36 - Life Settlements Act|Section 106 - Reporting requirements and privacy.

31A-36-106. Reporting requirements and privacy.    (1)   (a) Subject to Subsection (1)(b), a life settlement provider shall file with the commissioner on or before March 1 of each year an annual report containing the information the commissioner prescribes under Section 31A-36-119.     (b) Notwithstanding Subsection (1)(a), the commissioner shall only require the information for those transactions that involve an owner.       (2) Except as otherwise allowed or required by law, the following may not disclose the identity, financial information, or medical information of an insured to any other person:   (a) a life settlement provider;     (b) a life settlement producer;     (c) a producer of insurance;     (d) an information bureau;     (e) a rating agency or company; or     (f) any other person knowing the identity of an insured.       (3) Notwithstanding Subsection (2), a person may disclose the identity of an insured if the disclosure is:   (a) necessary to effect a life settlement between an owner and a life settlement provider and both the owner and the insured give prior written consent to the disclosure;     (b) furnished in response to an investigation or examination by the commissioner or another governmental officer or agency;     (c) furnished pursuant to Section 31A-36-114;     (d) a term of or condition to the transfer of a policy by one life settlement provider to another life settlement provider;     (e) necessary to permit a financing entity, related provider trust, or special purpose entity to finance the purchase of a policy by a life settlement provider and the insured gives prior written consent to the disclosure;     (f) necessary to allow the life settlement provider or life settlement producer or the life settlement provider's or life settlement producer's authorized representatives to make a contact to determine the health status of an insured; or     (g) required to purchase stop-loss coverage.      Amended by Chapter 355, 2009 General Session
UT Code § 31A-36-107 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 36 - Life Settlements Act|Section 107 - Examinations and retention of records.

31A-36-107. Examinations and retention of records.    (1) The commissioner may conduct an examination of a life settlement provider or life settlement producer in accordance with Sections 31A-2-203, 31A-2-203.5, 31A-2-204, and 31A-2-205.     (2) A life settlement provider or life settlement producer shall retain for five years copies of:   (a) the following records, whether proposed, offered, or executed, from the later of the date of the proposal, offer, or execution:   (i) contracts;     (ii) purchase agreements;     (iii) underwriting documents;     (iv) policy forms; and     (v) applications;       (b) checks, drafts, and other evidence or documentation relating to the payment, transfer, or release of money, from the date of the transaction; and     (c) records and documents related to the requirements of this chapter.       (3) This section does not relieve a person of the obligation to produce a document described in Subsection (2) to the commissioner after the expiration of the relevant period if the person has retained the document.     (4) A record required by this section to be retained:   (a) shall be legible and complete; and     (b) may be retained in any form or by any process that accurately reproduces or is a durable medium for the reproduction of the record.       (5) An examiner may not be appointed by the commissioner if the examiner, either directly or indirectly, has a conflict of interest or is affiliated with the management of or owns a pecuniary interest in a person subject to examination under this chapter. This Subsection (5) does not automatically preclude an examiner from being:   (a) an owner;     (b) an insured in a settled policy; or     (c) a beneficiary in a policy that is proposed to be settled.       (6)   (a) An examinee under this section shall reimburse the cost of an examination to the department consistent with Section 31A-2-205.     (b) Notwithstanding Subsection (6)(a), an individual life settlement producer is not subject to Section 31A-2-205.      Amended by Chapter 297, 2011 General Session
UT Code § 31A-36-108 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 36 - Life Settlements Act|Section 108 - Required disclosures.

31A-36-108. Required disclosures.    (1) With an application for a life settlement, a life settlement provider or life settlement producer shall furnish to the owner the disclosures the commissioner may require under Section 31A-36-119, in a separate document signed by the owner and the life settlement provider or life settlement producer, no later than the time the application for the life settlement is signed by all the participants in the life settlement.     (2) A life settlement provider shall furnish to the owner the disclosures the commissioner may require under Section 31A-36-119, conspicuously displayed in the life settlement or in a separate document signed by the owner and the life settlement provider, no later than the time the life settlement is signed by all participants in the life settlement.    Amended by Chapter 355, 2009 General Session
UT Code § 31A-36-110 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 36 - Life Settlements Act|Section 110 - Payment and document requirements.

31A-36-110. Payment and document requirements.    (1)   (a) A life settlement provider shall instruct the owner to send the executed documents required to effect the change in ownership or assignment or change of beneficiary of the affected policy to a designated independent escrow agent.     (b) Within three business days after the day on which the escrow agent receives the documents, or within three business days after the day on which the life settlement provider receives the documents if by mistake they are sent directly to the life settlement provider, the life settlement provider shall deposit the proceeds of the life settlement into an escrow or trust account of the escrow agent in a federally insured depository institution.       (2)   (a) Upon completion of the requirements of Subsection (1), the escrow agent shall deliver the original documents executed by the owner to:   (i) the life settlement provider; or     (ii) a related provider trust or other designated representative of the life settlement provider.       (b) Upon the life settlement provider's receipt from the insurer of an acknowledgment of the change in ownership or assignment or change of beneficiary of the affected policy, the life settlement provider shall instruct the escrow agent to pay the proceeds of the life settlement to the owner.       (3) Payment to the owner shall be made within three business days after the day on which the life settlement provider receives the acknowledgment from the insurer. Failure to make the payment within that time makes the life settlement voidable by the owner for lack of consideration until payment is tendered to and accepted by the owner.    Amended by Chapter 297, 2011 General Session
UT Code § 31A-36-112 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 36 - Life Settlements Act|Section 112 - Advertising regulations.

31A-36-112. Advertising regulations.    (1)   (a) A life settlement provider or life settlement producer shall establish and continuously maintain a system of control over the content, form, and method of dissemination of advertisements of the life settlement provider's or life settlement producer's contracts and services.     (b) An advertisement is the responsibility of the life settlement provider or life settlement producer as well as the person that creates or presents the advertisement.     (c) A system of control shall include at least annual notification to persons authorized by the life settlement provider or life settlement producer that disseminate advertisements of the requirements and procedures for approval before use of any advertisements not furnished by the life settlement provider or life settlement producer.       (2) An advertisement shall be truthful and not misleading in fact or by implication, as determined by the commissioner from the overall impression it may reasonably be expected to create upon a person of average education or intelligence in the segment of the public to which it is directed.     (3) A false or misleading statement is not remedied by:   (a) making a life settlement available for inspection before it is consummated; or     (b) offering to refund payment if the owner is not satisfied within the period prescribed in Subsection 31A-36-109(7).      Amended by Chapter 297, 2011 General Session
UT Code § 31A-36-114 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 36 - Life Settlements Act|Section 114 - Reporting of fraud and immunity.

31A-36-114. Reporting of fraud and immunity.    (1) A person engaged in the business of life settlements that knows or reasonably suspects that a violation of Section 31A-36-113 is being, has been, or will be committed shall provide to the commissioner the information required by, and in a manner prescribed by, the commissioner.     (2) A person not engaged in the business of life settlements that knows or reasonably believes that a violation of Section 31A-36-113 is being, has been, or will be committed may furnish to the commissioner the information required by, and in a manner prescribed by, the commissioner.     (3) Except as provided in Subsection (4), a person furnishing information of the kind described in this section is immune from liability and civil action if the information is furnished to or received from:   (a) the commissioner or the commissioner's employees, agents, or representatives;     (b) federal, state, or local law enforcement or regulatory officials or their employees, agents, or representatives;     (c) another person involved in the prevention or detection of violations of Section 31A-36-113 or that person's employees, agents, or representatives;     (d) the following organizations or their employees, agents, or representatives:   (i) the National Association of Insurance Commissioners;     (ii) the Financial Industry Regulatory Authority;     (iii) the North American Securities Administrators Association; or     (iv) another regulatory body overseeing life insurance, life settlements, securities, or investment fraud; or       (e) the insurer that issued the policy concerned in the information.       (4) The immunity provided in Subsection (3) does not extend to a statement made with actual malice. In an action brought against a person for filing a report or furnishing other information concerning a violation of this section, the plaintiff shall plead specifically that the defendant acted with actual malice.     (5) A person furnishing information as identified in Subsection (3) is entitled to an award of attorney fees and costs if:   (a) the person is the prevailing party in a civil cause of action for libel, slander, or another relevant tort arising out of activities in carrying out the provisions of this chapter; and     (b) the action did not have a reasonable basis in law or fact at the time it was initiated.       (6) This section does not supplant or modify any other privilege or immunity at common law or under another statute.    Amended by Chapter 297, 2011 General Session
UT Code § 31A-36-115 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 36 - Life Settlements Act|Section 115 - Confidentiality.

31A-36-115. Confidentiality.    (1) The following shall be classified as protected records under Title 63G, Chapter 2, Government Records Access and Management Act:   (a) a document or information furnished pursuant to Section 31A-36-114; and     (b) a document or information obtained by the commissioner in an investigation of a violation of Section 31A-36-113.       (2) Subsection (1) does not prohibit the commissioner from disclosing documents or evidence so furnished or obtained:   (a) in an administrative or judicial proceeding to enforce laws administered by the commissioner;     (b) to federal, state, or local law enforcement or regulatory agencies;     (c) to an organization established to detect and prevent fraudulent life settlement acts;     (d) to the National Association of Insurance Commissioners; or     (e) to a person engaged in the business of life settlements that is aggrieved by the violation.       (3) Disclosure of a document or evidence under Subsection (2) does not abrogate or modify the privilege granted in Subsection (1).    Amended by Chapter 355, 2009 General Session
UT Code § 31A-36-116 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 36 - Life Settlements Act|Section 116 - Other law enforcement or regulatory authority.

31A-36-116. Other law enforcement or regulatory authority.  This chapter does not:  (1) preempt the authority or relieve the duty of other law enforcement or regulatory agencies to investigate, examine, and prosecute suspected violations of law;     (2) prevent or prohibit a person from disclosing voluntarily information concerning life settlement fraud to a law enforcement or regulatory agency other than the insurance department; or     (3) limit the powers granted elsewhere by law to the commissioner or an insurance fraud unit to investigate and examine possible violations of law and to take appropriate action.    Amended by Chapter 355, 2009 General Session