DAR File No. 28120

Insurance, Administration

R590-202

Condition-Specific Exclusion Riders in Individual Health Insurance Policies

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 28120
Filed: 08/01/2005, 11:45
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:

Section 31A-2-201 empowers the commissioner to make rules to implement the provisions of Title 31A. Subsections 31A-30-107(5)(a)(iv) and 31A-30-107(5)(a)(v), which provided specific rulemaking authority for this rule, were eliminated by H.B. 218 during the 2004 Legislature. (DAR NOTE: H.B. 218 (2004) is found at UT L 2004 Ch 348, and was effective 05/03/2004.)

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

The department has not received written comments in the past five years regarding this rule. Verbal comments have been received from people in the health insurance industry who have been unhappy with the narrow scope of this rule. However, it could not be broadened because of the narrow scope of the law.

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

This rule continued long enough to have a comment period for its repeal. As a result of H.B. 218, which was passed in 2004, this rule is no longer needed. The new law eliminated specific rulemaking authority and now covers the issue broadly enough in the code to no longer need a rule. (DAR NOTE: The proposed repeal of Rule R590-202 is under DAR No. 28110 in this issue.)

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.