DAR File No. 27451

Insurance, Administration

R590-167

Individual and Small Employer Health Insurance Rule

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 27451
Filed: 09/28/2004, 11:11
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule receives its general and specific rulemaking authority from the following code references: Section 31A-2-201, which authorizes the commissioner to make rules to implement the provisions of Title 31A of the Utah Code; and Subsection 31A-30-106(1)(k).

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

In May of 2004, the department began the formal rulemaking process to make changes to this rule. As of the date of this Five-Year Review filing, that process had not been completed. So far the department has only received one written comment in the past five years. The comment was related to the grammar in Subsection R590-167-11(3)(a). The department has since proposed the elimination of that subsection and the report requirement in it.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Rule R590-167 was written under the authority of Subsection 31A-30-106(1)(i). The rule, along with Title 31A, Chapter 30, regulates and prevents abuse in insurer rating practices, assures consumers receive credit for previous coverage, and limits the use of restrictive riders; and therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Jilene Whitby at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at jwhitby@utah.gov

Authorized by:

Jilene Whitby, Information Specialist

ADDITIONAL INFORMATION

PLEASE NOTE:

• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact Jilene Whitby at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at jwhitby@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.