Utah Department of Administrative Services Office of Administrative Rules

File No. 32963

This notice was published in the October 1, 2009, issue (Vol. 2009, No. 19) of the Utah State Bulletin.

Insurance, Administration

Rule R590-167

Individual and Small Employer Health Insurance Rule

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 32963
Filed: 09/10/2009 03:43:25 PM


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: 1) Section 31A-2-201, which authorizes the commissioner to make rules to implement the provisions of Title 31A of the Utah Code; and 2) Subsection 31A-30-106(1)(k), which authorizes the commissioner to revise rules written for Sections 31A-22-602 and 31A-22-605 regarding individual accident and health policy rates allowing rating in accordance with Section 31A-30-106.

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 made changes to this rule in the past five years resulting in four comment periods and one nonsubstantive change. In all we have received three comments, which related to grammatical errors and a date that was not changed, but which was in a follow-up correction.

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

This rule, along with Chapter 30 of Title 31A, regulates and prevents abuse in insurer rating practices, assures consumers receive credit for previous coverage, and limits the use of restrictive riders. 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:

SALT LAKE CITY, UT 84114-1201

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

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at http://www.rules.utah.gov/publicat/bull-pdf/2009/b20091001.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

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.