reglab/statecodes huggingface dataset:
2023 Utah Code › Title 31A - Insurance Code › Chapter 30 - Individual, Small Employer, and Group Health Insurance Act › Part 1 - Individual and Small Employer Group › Section 112 - Employee participation levels.

Effective 5/12/2020
31A-30-112.
Employee participation levels.
(1)
(a) For purposes of this section, "participation" means the same as that term is defined in Section 31A-1-301.
(b) Except as provided in Subsection (2), a requirement used by a covered carrier in determining whether to provide coverage to a small employer, including a participation requirement and a minimum employer contribution requirement, shall be applied uniformly among all small employers with the same number of eligible employees applying for coverage or receiving coverage from the covered carrier.
(2) A covered carrier may not increase a participation requirement or a requirement for minimum employer contribution, applicable to a small employer, at any time after the small employer is accepted for coverage.
Amended by Chapter 354, 2020 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 30 - Individual, Small Employer, and Group Health Insurance Act › Part 1 - Individual and Small Employer Group › Section 114 - Disclosure.

31A-30-114.
Disclosure.
(1) A covered carrier shall make the information described in Subsection (2) available:
(a) to:
(i) a small employer; or
(ii) an individual; and
(b)
(i) at the time of solicitation; or
(ii) upon the request of:
(A) a small employer; or
(B) an individual;
(c) as part of the covered carrier's solicitation and sales materials.
(2) The following information is required to be disclosed or made available under Subsection (1):
(a) the provisions of the coverage concerning the covered carrier's right to change premium rates; and
(b) the factors that may effect changes in premium rates;
(c) the provisions of the coverage relating to renewability of coverage; and
(d) the provisions of the coverage relating to any preexisting condition exclusion.
Enacted by Chapter 308, 2002 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 30 - Individual, Small Employer, and Group Health Insurance Act › Part 1 - Individual and Small Employer Group › Section 115 - Actuarial review of health benefit plans.

Effective 5/12/2020
31A-30-115.
Actuarial review of health benefit plans.
(1)
(a) The department shall conduct an actuarial review of rates submitted by a carrier that offers a small employer plan and a carrier that offers an individual plan under this chapter:
(i) to verify the validity of the rates, risk factors, and premiums of the plans; and
(ii) as the department determines is necessary to oversee market conduct.
(b) The actuarial review by the department shall be funded from a fee:
(i) established by the department in accordance with Section 63J-1-504; and
(ii) paid by a carrier offering a health benefit plan subject to this chapter.
(c) The department shall contact carriers, if the department determines it is appropriate, to:
(i) inform a carrier of the department's findings regarding the rates of a particular carrier; and
(ii) request a carrier to recalculate or verify base rates, rating factors, and premiums.
(d) A carrier shall comply with the department's request under Subsection (1)(c)(ii).
(2)
(a) There is created in the General Fund a restricted account known as the "Health Insurance Actuarial Review Restricted Account."
(b) The Health Insurance Actuarial Review Restricted Account shall consist of money received by the commissioner under this section.
(c) The commissioner shall administer the Health Insurance Actuarial Review Restricted Account. Subject to appropriations by the Legislature, the commissioner shall use money deposited into the Health Insurance Actuarial Review Restricted Account to pay for the actuarial review conducted by the department under this section.
Amended by Chapter 354, 2020 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 30 - Individual, Small Employer, and Group Health Insurance Act › Part 1 - Individual and Small Employer Group › Section 117 - Patient Protection and Affordable Care Act -- Market transition.

Effective 5/12/2020
31A-30-117.
Patient Protection and Affordable Care Act -- Market transition.
(1)
(a) The commissioner may adopt administrative rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that change the rating and underwriting requirements of this chapter as necessary to transition the insurance market to meet federal qualified health plan standards and rating practices under PPACA.
(b) Administrative rules adopted by the commissioner under this section may include:
(i) the regulation of health benefit plans as described in Subsection 31A-2-212(5); and
(ii) disclosure of records and information required by PPACA and state law.
(c)
(i) The commissioner shall establish by administrative rule one statewide open enrollment period that applies to the individual insurance market that is not on the PPACA certified individual exchange.
(ii) The statewide open enrollment period:
(A) may be shorter, but no longer than the open enrollment period established for the individual insurance market offered in the PPACA certified exchange; and
(B) may not be extended beyond the dates of the open enrollment period established for the individual insurance market offered in the PPACA certified exchange.
(2) A carrier that offers health benefit plans in the individual market that is not part of the individual PPACA certified exchange:
(a) shall open enrollment:
(i) during the statewide open enrollment period established in Subsection (1)(c); and
(ii) at other times, for qualifying events, as determined by administrative rule adopted by the commissioner; and
(b) may open enrollment at any time.
(3) To the extent permitted by the Centers for Medicare and Medicaid Services policy, or federal regulation, the commissioner shall allow a health insurer to choose to continue coverage and individuals and small employers to choose to re-enroll in coverage in nongrandfathered health coverage that is not in compliance with market reforms required by PPACA.
Amended by Chapter 32, 2020 General Session
Amended by Chapter 354, 2020 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 31 - Insurance Fraud Act › Section 102 - Definitions.

31A-31-102.
Definitions.
As used in this chapter:
(1) "Authorized agency" means:
(a) the attorney general;
(b) the state fire marshal;
(c) any state law enforcement agency;
(d) any criminal investigative department or agency of the United States;
(e) a district attorney;
(f) the prosecuting attorney of any municipality or county;
(g) the department; or
(h) the disciplinary section of an agency licensing a service provider.
(2) "Financial loss" includes:
(a) out-of-pocket expenses;
(b) reasonable attorney fees;
(c) repair and replacement costs; or
(d) claims payments.
(3) "Insurer" means any person or aggregation of persons:
(a) doing insurance business, as defined in Section 31A-1-301; or
(b) subject to the supervision of the commissioner under:
(i) this title; or
(ii) any equivalent insurance supervisory official of another state.
(4) "Knowingly" has the same meaning as in Subsection 76-2-103(2).
(5) "Person" means an individual, firm, company, corporation, association, limited liability company, partnership, organization, society, business trust, service provider, or any other legal entity.
(6)
(a) "Runner" means a person who procures clients at the direction of, or in cooperation with a person who intends to:
(i) perform or obtain a service or benefit under a contract of insurance; or
(ii) assert a claim against an insured.
(b) "Runner" includes:
(i) a capper; or
(ii) a steerer.
(7) "Service provider" means:
(a) an individual licensed to practice law;
(b) an individual licensed or certified by the state under:
(i) this title;
(ii)Title 41, Chapter 3, Motor Vehicle Business Regulation Act;
(iii)Title 58, Occupations and Professions; or
(iv)Title 61, Securities Division - Real Estate Division;
(c) an individual licensed in another jurisdiction in a manner similar to a license described in Subsection (7)(a) or (b);
(d) an individual practicing any nonmedical treatment rendered in accordance with a recognized religious method of healing; or
(e) a hospital, health care facility, or person whose services are compensated directly or indirectly by insurance.
(8) "Statement" includes any:
(a)
(i) notice;
(ii) statement;
(iii) proof of loss;
(iv) bill of lading;
(v) receipt for payment;
(vi) invoice;
(vii) account;
(viii) estimate of property damage;
(ix) bill for services;
(x) diagnosis;
(xi) prescription;
(xii) hospital or doctor record;
(xiii) x-ray;
(xiv) test result; or
(xv) other evidence of loss, injury, or expense; or
(b) item listed in Subsection (8)(a) that is a computer-generated document.
Amended by Chapter 104, 2004 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 31 - Insurance Fraud Act › Section 104 - Disclosure of information.

31A-31-104.
Disclosure of information.
(1)
(a) Subject to Subsection (2), upon written request by an insurer to an authorized agency, the authorized agency may release to the insurer information or evidence that is relevant to any suspected insurance fraud.
(b) Upon written request by an authorized agency to an insurer, the insurer or an agent authorized by the insurer to act on the insurer's behalf shall release to the authorized agency information or evidence that is relevant to any suspected insurance fraud.
(2)
(a) Any information or evidence furnished to an authorized agency under this section may be classified as a protected record in accordance with Subsection 63G-2-305(10).
(b) Any information or evidence furnished to an insurer under this section is not subject to discovery in a civil proceeding unless, after reasonable notice to any insurer, agent, or any authorized agency that has an interest in the information and subsequent hearing, a court determines that the public interest and any ongoing criminal investigation will not be jeopardized by the disclosure.
(c) An insurer shall report to the department agency terminations based upon a violation of this chapter.
Amended by Chapter 445, 2013 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 31 - Insurance Fraud Act › Section 105 - Immunity.

31A-31-105.
Immunity.
(1)
(a) A person, insurer, or authorized agency is immune from civil action, civil penalty, or damages when in good faith that person, insurer, or authorized agency:
(i) cooperates with an agency described in Subsection (1)(b);
(ii) furnishes evidence to an agency described in Subsection (1)(b);
(iii) provides information regarding a suspected fraudulent insurance act to an agency described in Subsection (1)(b);
(iv) receives information regarding a suspected fraudulent insurance act from an agency described in Subsection (1)(b); or
(v) submits a required report to the department under Section 31A-31-110.
(b) An agency referred to in Subsection (1)(a) is one or more of the following:
(i) the department or a division of the department;
(ii) a federal, state, or government agency established to detect and prevent insurance fraud;
(iii) a nonprofit organization established to detect and prevent insurance fraud; or
(iv) an agent, employee, or designee of an agency listed in this Subsection (1)(b).
(2) An insurer, or person employed by an insurer, is immune from civil action, civil penalty, or damages when in good faith the insurer or person employed by an insurer provides or shares information with another insurer or insurer's employee in a good faith effort to discover or prevent a fraudulent insurance act or other criminal conduct.
(3) A person, insurer, or authorized agency is immune from civil action, civil penalty, or damages if that person, insurer, or authorized agency complies in good faith with a court order to provide evidence or testimony requested by an agency described in Subsection (1)(b).
(4) This section does not abrogate or modify a common law or statutory right, privilege, or immunity enjoyed by a person.
(5) Notwithstanding any other provision in this section, a person, insurer, or service provider is not immune from civil action, civil penalty or damages under this section if that person commits the fraudulent insurance act that is the subject of the information.
Amended by Chapter 253, 2012 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 31 - Insurance Fraud Act › Section 106 - Disciplinary action.

31A-31-106.
Disciplinary action.
(1) If, after giving notice and a hearing conducted pursuant to Title 63G, Chapter 4, Administrative Procedures Act, the commissioner finds by a preponderance of the evidence that a person licensed under Title 31A, Insurance Code, has committed a fraudulent insurance act, the commissioner may suspend or revoke the license issued under Title 31A, Insurance Code.
(2) If the appropriate licensing authority finds by a preponderance of the evidence that a service provider violated Section 31A-31-103, the service provider is subject to revocation or suspension of the service provider's license.
(3) The commissioner may notify the appropriate licensing authority of conduct by a service provider that the commissioner believes may constitute a fraudulent insurance act.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 31 - Insurance Fraud Act › Section 107 - Workers' compensation insurance fraud.

Effective 5/14/2019
31A-31-107.
Workers' compensation insurance fraud.
(1) In any action involving workers' compensation insurance, Section 34A-2-110 supersedes this chapter.
(2) Nothing in this section prohibits the department from investigating and pursuing civil or criminal penalties in accordance with Section 31A-31-109 and Title 34A, Utah Labor Code, for violations of Section 34A-2-110.
Amended by Chapter 193, 2019 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 31 - Insurance Fraud Act › Section 108 - Assessment of insurers.

31A-31-108.
Assessment of insurers.
(1) For purposes of this section:
(a) The commissioner shall by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, define:
(i) "annuity consideration";
(ii) "membership fees";
(iii) "other fees";
(iv) "deposit-type contract funds"; and
(v) "other considerations in Utah."
(b) "Insurance fraud provisions" means:
(i) this chapter;
(ii) Section 34A-2-110; and
(iii) Section 76-6-521.
(c) "Utah consideration" means:
(i) the total premiums written for Utah risks;
(ii) annuity consideration;
(iii) membership fees collected by the insurer;
(iv) other fees collected by the insurer;
(v) deposit-type contract funds; and
(vi) other considerations in Utah.
(d) "Utah risks" means insurance coverage on the lives, health, or against the liability of persons residing in Utah, or on property located in Utah, other than property temporarily in transit through Utah.
(2) To implement insurance fraud provisions, the commissioner may assess an admitted insurer and a nonadmitted insurer transacting insurance under Chapter 15, Part 1, Unauthorized Insurers and Surplus Lines, and Chapter 15, Part 2, Risk Retention Groups Act, an annual fee as follows:
(a) $200 for an insurer for which the sum of the Utah consideration is less than or equal to $1,000,000;
(b) $450 for an insurer for which the sum of the Utah consideration is greater than $1,000,000 but is less than or equal to $2,500,000;
(c) $800 for an insurer for which the sum of the Utah consideration is greater than $2,500,000 but is less than or equal to $5,000,000;
(d) $1,600 for an insurer for which the sum of the Utah consideration is greater than $5,000,000 but less than or equal to $10,000,000;
(e) $6,100 for an insurer for which the sum of the Utah consideration is greater than $10,000,000 but less than $50,000,000; and
(f) $15,000 for an insurer for which the sum of the Utah consideration equals or exceeds $50,000,000.
(3) Money received by the state under this section shall be deposited into the Insurance Fraud Investigation Restricted Account created in Subsection (4).
(4)
(a) There is created in the General Fund a restricted account known as the "Insurance Fraud Investigation Restricted Account."
(b) The Insurance Fraud Investigation Restricted Account shall consist of the money received by the commissioner under this section and Subsections 31A-31-109(1)(a)(ii), (1)(b), (2)(b)(i), (2)(c), and (3)(a). Money ordered paid under Subsections 31A-31-109(1)(a)(i) and (2)(a) shall be deposited in the Insurance Fraud Victim Restitution Fund pursuant to Section 31A-31-108.5.
(c) The commissioner shall administer the Insurance Fraud Investigation Restricted Account. Subject to appropriations by the Legislature, the commissioner shall use the money deposited into the Insurance Fraud Investigation Restricted Account to pay for a cost or expense incurred by the commissioner in the administration, investigation, and enforcement of insurance fraud provisions.
Amended by Chapter 319, 2013 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 31 - Insurance Fraud Act › Section 108.5 - Insurance Fraud Victim Restitution Fund.

31A-31-108.5.
Insurance Fraud Victim Restitution Fund.
(1) There is created an expendable special revenue fund known as the "Insurance Fraud Victim Restitution Fund."
(2) The Insurance Fraud Victim Restitution Fund shall consist of money ordered paid under Subsections 31A-31-109(1)(a)(i) and (2)(a).
(3) The commissioner shall administer the Insurance Fraud Victim Restitution Fund for the sole benefit of insurance fraud victims.
Enacted by Chapter 319, 2013 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 31 - Insurance Fraud Act › Section 109 - Civil penalties.

31A-31-109.
Civil penalties.
(1) In addition to other penalties provided by law, a person who violates this chapter:
(a) is subject to the following civil penalties:
(i) the person shall make full restitution; and
(ii) the person shall pay the costs of enforcement of this chapter for the case in which the person is found to have violated this chapter:
(A) as determined by the one or more authorized agencies involved; and
(B) including costs of:
(I) investigators;
(II) attorneys; and
(III) other public employees; and
(b) in the discretion of the court, may be required to pay to the state a civil penalty not to exceed three times that amount of value improperly sought or received from the fraudulent insurance act.
(2)
(a) Money paid under Subsection (1)(a)(i) shall be paid to the person damaged by the fraudulent insurance act.
(b) Money paid under Subsection (1)(a)(ii) shall be paid to each applicable authorized agency in the following order:
(i) to the Insurance Fraud Investigation Restricted Account created in Section 31A-31-108 for the costs of enforcement incurred by the commissioner;
(ii) to the General Fund for the costs of enforcement incurred by a state agency other than the commissioner;
(iii) to the applicable political subdivision for the costs of enforcement incurred by the political subdivision; and
(iv) to the applicable criminal investigative department or agency of the United States for the costs of enforcement incurred by the department or agency.
(c) Money paid under Subsection (1)(b) shall be paid into the General Fund.
(3)
(a) A civil penalty assessed under Subsection (1) shall be awarded by the court as part of its judgment in both criminal and civil actions.
(b) A criminal action need not be brought against a person in order for that person to be civilly liable under this section.
Amended by Chapter 284, 2011 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 31 - Insurance Fraud Act › Section 111 - Health discount program fraud.

31A-31-111.
Health discount program fraud.
(1) In addition to any other fraudulent acts prohibited by this chapter, a person commits a fraudulent insurance act if that person with intent to deceive or defraud:
(a) accepts fees, dues, charges, or other consideration for providing a health discount program as defined in Section 31A-8a-102 without having health care providers under contract who have agreed to provide the discounts promised to enrollees; or
(b) operates a health discount program without complying with the provisions of Section 31A-8a-201.
(2) In addition to any other civil penalties or remedies provided by law, a person who violates this section is guilty of a third degree felony.
Enacted by Chapter 58, 2005 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 31 - Insurance Fraud Act › Section 112 - Insurance antifraud plan.

Effective 5/10/2016
31A-31-112.
Insurance antifraud plan.
(1) An insurer, as defined in Section 31A-31-102, shall prepare, implement, and maintain an insurance antifraud plan for its operations in this state.
(2) The insurance antifraud plan required by Subsection (1) shall outline specific procedures, actions, and safeguards that include how the authorized insurer or health maintenance organization will do each of the following:
(a) detect, investigate, and prevent all forms of insurance fraud, including:
(i) fraud involving its employees or agents;
(ii) fraud resulting from misrepresentations in the application, renewal, or rating of insurance policies;
(iii) fraudulent claims; and
(iv) breach of security of its data processing systems;
(b) educate employees of fraud detection and the insurance antifraud plan;
(c) provide for fraud investigations, whether through the use of internal fraud investigators or third-party contractors;
(d) report a suspected fraudulent insurance act, as described in Section 31A-31-103, to the department as required by Section 31A-31-110; and
(e) pursue restitution for financial loss caused by insurance fraud.
(3) The commissioner may investigate and examine the records and operations of authorized insurers and health maintenance organizations to determine if they have implemented and complied with the insurance antifraud plan.
(4) The commissioner may:
(a) direct any modification to the insurance antifraud plan necessary to comply with the requirements of this section; and
(b) require action to remedy substantial noncompliance with the insurance antifraud plan.
Enacted by Chapter 138, 2016 General Session
2023 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
2023 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
2023 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
2023 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
2023 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
2023 Utah Code › Title 31A - Insurance Code › Chapter 35 - Bail Bond Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/10/2016
31A-35-102.
Definitions.
As used in this chapter:
(1) "Bail bond" means a bail bond insurance product for a specified monetary amount that is:
(a) executed by a bail bond producer licensed in accordance with Section 31A-35-401; and
(b) issued to a court, magistrate, or authorized officer to secure:
(i) the release of a person from incarceration; and
(ii) the appearance of the released person at court hearings the person is required to attend.
(2) "Bail bond agency" means any sole proprietor or entity that:
(a) is licensed under Subsection 31A-35-404(1) or (2);
(b)
(i) is the agent of a surety insurer that sells a bail bond in connection with judicial proceedings;
(ii) pledges the assets of a letter of credit from a Utah depository institution for a bail bond in connection with judicial proceedings; or
(iii) pledges personal or real property, or both, as security for a bail bond in connection with judicial proceedings; and
(c) receives or is promised money or other things of value for a service described in Subsection (2)(b).
(3) "Bail bond producer" means an individual who:
(a) is appointed by:
(i) a surety insurer that sells bail bonds; or
(ii) a bail bond agency licensed under this chapter;
(b) is appointed to execute or countersign undertakings of bail in connection with judicial proceedings; and
(c) receives or is promised money or other things of value for engaging in an act described in Subsection (3)(b).
(4) "Bail enforcement agent" means the same as that term is defined in Section 53-11-102.
(5) "Board" means the Bail Bond Oversight Board created in Section 31A-35-201.
(6) "Certificate" means a certificate of authority issued under this chapter to allow an insurer to operate as a surety insurer.
(7) "Indemnitor" means an entity or natural person that enters into an agreement with a bail bond agency to hold the bail bond agency harmless from loss incurred as a result of executing a bail bond.
(8) "Liquid assets" means financial holdings that can be converted into cash in a timely manner without the loss of principal.
(9) "Premium" means the specified monetary amount used to purchase a bail bond.
(10) "Principal" means a person that:
(a) guarantees the performance of a bail bond; or
(b) owns not less than 10% of the bail bond agency.
(11) "Surety insurer" means an insurer that:
(a) is licensed under Chapter 4, Insurers in General, Chapter 5, Domestic Stock and Mutual Insurance Corporations, or Chapter 14, Foreign Insurers;
(b) receives a certificate under this title; and
(c) sells bail bonds in connection with judicial proceedings.
(12) "Utah depository institution" means a depository institution, as defined in Section 7-1-103, that:
(a) has Utah as its home state; or
(b) operates a branch in Utah.
Amended by Chapter 234, 2016 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 35 - Bail Bond Act › Part 1 - General Provisions › Section 103 - Exemption from other provisions of this title.

Effective 5/5/2021
31A-35-103.
Exemption from other provisions of this title.
Bail bond agencies are exempted from:
(1)Chapter 3, Department Funding, Fees, and Taxes, except Section 31A-3-103;
(2)Chapter 4, Insurers in General, except Sections 31A-4-102, 31A-4-103, 31A-4-104, and 31A-4-107;
(3)Chapter 5, Domestic Stock and Mutual Insurance Corporations, except Section 31A-5-103;
(4)Chapter 6a, Service Contracts;
(5)Chapter 6b, Guaranteed Asset Protection Waiver Act;
(6)Chapter 7, Nonprofit Health Service Insurance Corporations;
(7)Chapter 8, Health Maintenance Organizations and Limited Health Plans;
(8)Chapter 8a, Health Discount Program Consumer Protection Act;
(9)Chapter 9, Insurance Fraternals;
(10)Chapter 10, Annuities;
(11)Chapter 11, Motor Clubs;
(12)Chapter 12, State Risk Management Fund;
(13)Chapter 14, Foreign Insurers;
(14)Chapter 15, Unauthorized Insurers, Surplus Lines, and Risk Retention Groups;
(15)Chapter 16, Insurance Holding Companies;
(16)Chapter 17, Determination of Financial Condition;
(17)Chapter 18, Investments;
(18)Chapter 19a, Utah Rate Regulation Act;
(19)Chapter 20, Underwriting Restrictions;
(20)Chapter 23b, Navigator License Act;
(21)Chapter 25, Third Party Administrators;
(22)Chapter 26, Insurance Adjusters;
(23)Chapter 27, Delinquency Administrative Action Provisions;
(24)Chapter 27a, Insurer Receivership Act;
(25)Chapter 28, Guaranty Associations;
(26)Chapter 30, Individual, Small Employer, and Group Health Insurance Act;
(27)Chapter 31, Insurance Fraud Act;
(28)Chapter 32a, Medical Care Savings Account Act;
(29)Chapter 36, Life Settlements Act;
(30)Chapter 37, Captive Insurance Companies Act;
(31)Chapter 37a, Special Purpose Financial Captive Insurance Company Act;
(32)Chapter 38, Federal Health Care Tax Credit Program Act;
(33)Chapter 39, Interstate Insurance Product Regulation Compact;
(34)Chapter 40, Professional Employer Organization Licensing Act;
(35)Chapter 41, Title Insurance Recovery, Education, and Research Fund Act; and
(36)Chapter 43, Small Employer Stop-Loss Insurance Act.
Amended by Chapter 64, 2021 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 35 - Bail Bond Act › Part 1 - General Provisions › Section 104 - Rulemaking authority.

Effective 5/10/2016
31A-35-104.
Rulemaking authority.
The commissioner shall by rule establish specific licensure and certification guidelines and standards of conduct for the business of bail bond insurance under this chapter.
Amended by Chapter 234, 2016 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 35 - Bail Bond Act › Part 2 - Commercial Bail Bond Surety Oversight Board › Section 201 - Bail Bond Oversight Board.

Effective 5/10/2016
31A-35-201.
Bail Bond Oversight Board.
(1) There is created a Bail Bond Oversight Board within the department, consisting of:
(a) the following seven voting members who shall be appointed by the commissioner:
(i) one representative each from four licensed bail bond agencies;
(ii) two members of the general public who do not have any financial interest in or professional affiliation with any bail bond agency; and
(iii) one attorney in good standing licensed to practice law in Utah; and
(b) a nonvoting member who is a staff member of the insurance department appointed by the commissioner.
(2)
(a) The appointments are for terms of four years. A board member may not serve more than two consecutive terms.
(b) The commissioner shall, at the time of appointment or reappointment of a board member described in Subsection (1)(a), adjust the length of terms to ensure that the terms of board members are staggered so approximately half of the board is appointed every two years.
(3) A board member serves until:
(a) removed by the commissioner;
(b) the member's resignation; or
(c) for a member described in Subsection (1)(a), the expiration of the member's term and the appointment of a successor.
(4) When a vacancy occurs in the membership of a board member described in Subsection (1)(a) for any reason, the replacement shall be appointed for the remainder of the unexpired term.
(5) The board shall annually elect one of its members as chair.
(6) Four voting members constitute a quorum for the transaction of business.
(7) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(8)
(a) The commissioner, with a majority vote of the board, may remove any member of the board described in Subsection (1)(a) for misconduct, incompetency, or neglect of duty.
(b) The board shall conduct a hearing if requested by the board member described in Subsection (1)(a) that is to be removed.
(9) Members of the board are immune from suit with respect to all acts done and actions taken in good faith in carrying out the purposes of this chapter.
Amended by Chapter 234, 2016 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 35 - Bail Bond Act › Part 2 - Commercial Bail Bond Surety Oversight Board › Section 202 - Board responsibilities.

Effective 5/10/2016
31A-35-202.
Board responsibilities.
(1) The board shall:
(a) meet:
(i) at least quarterly; and
(ii) at the call of the chair;
(b) make written recommendations to the commissioner for rules governing the following aspects of the bail bond insurance business:
(i) qualifications, applications, and fees for obtaining:
(A) a license required by this Section 31A-35-401; or
(B) a certificate;
(ii) limits on the aggregate amounts of bail bonds;
(iii) unprofessional conduct;
(iv) procedures for hearing and resolving allegations of unprofessional conduct; and
(v) sanctions for unprofessional conduct;
(c) screen:
(i) bail bond agency license applications; and
(ii) persons applying for a bail bond agency license; and
(d) recommend to the commissioner action regarding the granting, renewing, suspending, revoking, and reinstating of bail bond agency license.
(2) The board may:
(a) conduct investigations of allegations of unprofessional conduct on the part of persons or bail bond agencies involved in the business of bail bond insurance; and
(b) provide the results of the investigations described in Subsection (2)(a) to the commissioner with recommendations for:
(i) action; and
(ii) any appropriate sanctions.
Amended by Chapter 234, 2016 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 35 - Bail Bond Act › Part 3 - Insurance Commissioner's Duties › Section 301 - The commissioner's authority.

Effective 5/10/2016
31A-35-301.
The commissioner's authority.
(1) The commissioner shall:
(a) make rules as necessary for the administration of this chapter;
(b) with information as provided by the board, issue or deny licensure under this chapter;
(c) take action regarding a license, including suspension or revocation; and
(d) maintain and publish a current list of licensed bail bond agencies and bail bond producers.
(2) The commissioner may establish fees for the issuance, renewal, and reinstatement of a bail bond agency license in accordance with Section 63J-1-504.
Amended by Chapter 234, 2016 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 35 - Bail Bond Act › Part 4 - Certificate of Authority › Section 401 - Requirement for license or certificate of authority -- Process -- Fees -- Limitations.

Effective 5/10/2016
31A-35-401.
Requirement for license or certificate of authority -- Process -- Fees -- Limitations.
(1)
(a) A person may not engage in the bail bond insurance business unless that person:
(i) is a bail bond agency licensed under this chapter;
(ii) is a surety insurer that is granted a certificate under this section in the same manner as other insurers doing business in this state are granted certificates of authority under this title; or
(iii) is a bail bond producer licensed in accordance with this section.
(b) A bail bond agency shall be licensed under this chapter as an agency.
(c) A bail bond producer shall be licensed under Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries, as a limited lines producer.
(2) A person applying for a bail bond agency license under this chapter shall submit to the commissioner:
(a) a completed application form as prescribed by the commissioner;
(b) a fee as determined by the commissioner in accordance with Section 31A-3-103; and
(c) any additional information required by rule.
(3) A fee required under this section is not refundable.
(4) A fee collected from a bail bond agency shall be deposited into a restricted account created in Section 31A-35-407.
(5)
(a) A bail bond agency shall be domiciled in Utah.
(b) A bail bond producer shall be a resident of Utah.
(c) A foreign surety insurer that is granted a certificate to sell bail bonds may only sell bail bonds through a bail bond agency licensed under this chapter.
Amended by Chapter 234, 2016 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 35 - Bail Bond Act › Part 4 - Certificate of Authority › Section 401.5 - Additional licensure requirements for a bail bond agency.

Effective 5/10/2016
31A-35-401.5.
Additional licensure requirements for a bail bond agency.
(1) A person applying for licensure or the reinstatement of a license as a bail bond agency shall, in addition to the requirements of Section 31A-35-401, provide proof that at least one principal of the bail bond agency will have a minimum of 2,000 hours of experience working as an employee of a bail bond agency as a licensed bail bond producer.
(2) The applicant shall provide proof of the experience claimed under Subsection (1), including providing:
(a) the exact details of the character and nature of the experience on a form provided by the department;
(b) a statement by each employer verifying the number of hours the applicant worked for the employer; and
(c)
(i) federal income reporting forms that account for the wages for hours claimed or documented approval of the claimed hours by the insurance commissioner; and
(ii) the total of 2,000 hours may be proved in part by federal income reporting forms and in part by approval by the insurance commissioner.
(3) The burden of proving the hours of experience as required in this section is upon the applicant.
Amended by Chapter 234, 2016 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 35 - Bail Bond Act › Part 4 - Certificate of Authority › Section 402 - Authority related to bail bonds.

Effective 5/12/2020
31A-35-402.
Authority related to bail bonds.
(1) A bail bond agency may only sell bail bonds.
(2) In accordance with Section 31A-23a-205, a bail bond producer may not execute or issue a bail bond in this state without holding a current appointment from a surety insurer or a current designation from a bail bond agency.
(3) A bail bond agency or surety insurer may not allow any person who is not a bail bond producer to engage in the bail bond insurance business on the bail bond agency's or surety insurer's behalf, except for individuals:
(a) employed solely for the performance of clerical, stenographic, investigative, or other administrative duties that do not require a license as:
(i) a bail bond agency; or
(ii) a bail bond producer; and
(b) whose compensation is not related to or contingent upon the number of bail bonds written.
Amended by Chapter 32, 2020 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 35 - Bail Bond Act › Part 4 - Certificate of Authority › Section 403 - Exemptions to licensing requirements.

31A-35-403.
Exemptions to licensing requirements.
This chapter does not affect the negotiation through a licensed producer for, or the execution or delivery of, an undertaking of bail executed by an insurer for its insured under a policy of automobile insurance or of liability insurance upon the automobile of the insured.
Amended by Chapter 298, 2003 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 35 - Bail Bond Act › Part 4 - Certificate of Authority › Section 404 - Minimum financial requirements for bail bond agency license.

Effective 5/4/2022
31A-35-404.
Minimum financial requirements for bail bond agency license.
(1)
(a) A bail bond agency that pledges the assets of a letter of credit from a Utah depository institution in connection with a judicial proceeding shall maintain an irrevocable letter of credit with a minimum face value of $300,000 assigned to the state from a Utah depository institution.
(b) Notwithstanding Subsection (1)(a), a bail bond agency described in Subsection (1)(a) that is licensed under this chapter on or before December 31, 1999, shall maintain an irrevocable letter of credit with a minimum face value of $250,000 assigned to the state from a Utah depository institution.
(2)
(a) A bail bond agency that pledges personal or real property, or both, as security for a bail bond in connection with a judicial proceeding shall maintain a verified financial statement for the bail bond agency's immediately preceding fiscal year:
(i) reviewed by a certified public accountant; and
(ii) showing a minimum net worth of:
(A) $300,000, at least $100,000 of which is in liquid assets; or
(B) if the bail bond agency is licensed under this chapter on or before December 31, 1999, $250,000, at least $50,000 of which is in liquid assets.
(b) For purposes of this Subsection (2), only real or personal property located in Utah may be included in the net worth of the bail bond agency.
(3) A bail bond agency shall maintain a qualifying power of attorney issued by a surety insurer if:
(a) the bail bond agency is the agent of the surety insurer; and
(b) the surety insurer:
(i) sells bail bonds;
(ii) is in good standing in its state of domicile; and
(iii) is granted a certificate to write bail bonds in Utah.
(4) The commissioner may revoke the license of a bail bond agency that fails to maintain the minimum financial requirements required under this section.
(5) The commissioner may set by rule the limits on the aggregate amounts of bail bonds issued by a bail bond agency.
Amended by Chapter 198, 2022 General Session