All Roll Calls
Yes: 207 • No: 2
UtahH.B. 582026 General SessionHouseWALLET
Insurance Code Modifications
Sponsored By: James A. Dunnigan (Republican)
Signed by Governor
InsuranceInsurance DepartmentBusinessTitle and Escrow
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Bill Overview
Analyzed Economic Effects
35 provisions identified: 15 benefits, 7 costs, 13 mixed.
Possible surplus payments to policyholders
If you have a non‑life policy, your insurer may pay your class a share of surplus. The board must file a schedule at least 30 days before payment that explains the basis. The commissioner can stop unfair payouts or ones that would make the insurer unsafe. The filing stays confidential unless disclosure is needed to protect insureds or the public.
Fairer rules for dental billing and policies
Dental plans must post current policies and updates and share them on request. Explanations of benefits must clearly say when a code is not covered and explain any downcoding or bundling. Plans may not downcode or bundle in ways that block contracted fees or stop providers from billing when a service is not covered. If a provider disclosed fees and has a contracted fee schedule, the plan cannot force full fee‑for‑service amounts on claim forms. Handbooks given to providers are part of the contract, and insurers must notify providers of updates. If at least 10% of an insurer’s members are Utah residents, Utah dental coverage and reimbursement laws apply for Utah services even if the plan was issued elsewhere. Dentists may set their own prices for noncovered services.
Faster no-fault medical payments with interest
Your no‑fault (PIP) insurer must pay benefits each month as costs come in. A payment is overdue if unpaid 30 days after the insurer gets proof of the bill. Overdue amounts earn 1.5% interest per month. If you win in court, the insurer must also pay your reasonable attorney fee.
Stronger preapproval rules and emergency care
Insurers must post changes to prior‑authorization rules at least 30 days before they start. Providers can ask for written notice. An insurer cannot revoke a valid prior authorization if the service matched the approval and facts did not change. Insurers cannot require prior authorization for emergency care.
Stronger prior authorization and drug continuity
Insurers must process prior authorization requests as pre-service claims and allow fixes for unintentional billing errors. A licensed clinician must review medical-necessity appeals; drug appeals may be reviewed by a physician or pharmacist. If a drug is removed from the formulary midyear, patients on active treatment get at least 30 days’ notice and can request an exemption to keep therapy. Denial notices must give clear reasons and explain how to file an appeal, including expedited appeals. By April 1 each year, insurers must report and the state will publish key prior authorization metrics; detailed service lists and rates are reported starting by April 1, 2026.
Standard rules for individual health plans
The insurance department sets standard rules for individual and franchise accident and health plans. The rules cover policy terms and disclosures, renewability, eligibility, preexisting conditions, Medicare notices, outlines of coverage, and rating practices. This makes plan information clearer and easier to compare before you buy.
Tighter solvency rules and risk limits
Insurers must count only qualified assets when reporting financial strength, with limited flexibility if they show excess surplus. Assets gained by enforcing creditor rights can count for up to five years (real property) or one year (non‑real), with limited extensions; similar timing applies to assets from mergers or distributions, and recognition follows the domiciliary state’s solvency rules. An insurer’s exposure to a single risk is capped at 10% of capital and surplus, with listed line exceptions and a case‑by‑case exception for fidelity and surety if approved. If investment rules conflict with holding company or captive rules, those chapters control, and NAIC valuation is used when consistent with Utah law. The commissioner may examine third‑party models or products insurers use.
Stricter limits on auto injury payouts
If you carry required personal injury protection (PIP), you generally cannot sue for pain and suffering unless one applies: death, dismemberment, permanent disability or impairment (with objective findings), permanent disfigurement, a bone fracture, or over $3,000 in medical bills. This does not limit uninsured motorist claims. Insurers may deny PIP in listed cases, like using a non‑insured household car, using a car without permission, intentional injury, a felony, using a vehicle as a home, war, or nuclear hazards. When one insurer paid PIP but another is liable, the insurers must use binding arbitration for reimbursement; there’s no reimbursement if the liability insurer tendered its policy limit. If money was reimbursed early and later needed to settle a third‑party claim, a written notice and a short return timeline apply.
Tougher licensing and oversight for title agencies
A new agency must be owned or managed by someone licensed at least 3 of the last 5 years, with both title exam and escrow authority. One person may be the qualifying licensee for no more than two agencies. Insurers and producers must report appointment terminations within seven days. If a producer operates without an appointment for over 28 days, the commissioner can suspend or revoke the license, freeze accounts, subpoena records, and stop operations.
Higher capital and solvency rules for captives
Captive applicants must file their charter and sworn financials; sponsored captives must file detailed cell plans and allow inspection. Minimum paid‑in capital and surplus include: pure $250,000 (with special rules), association $500,000, industrial insured and risk‑retention $700,000, and sponsored $250,000 with at least $50,000 from the sponsor. Branch captives must keep a U.S. trust at least equal to required capital and surplus plus reserves, including losses and IBNR; the trust may be reduced if a reinsurer posts security. Captives need the commissioner’s prior approval before paying dividends or other distributions from capital or surplus.
Improper insurer takeovers can be unwound
If someone gains control of a domestic insurer without following the law, the commissioner can require them to sell the stock. The sale must aim for full market value and go to qualified buyers. Any sale under this power needs court approval.
Higher title fees and stronger oversight
Beginning May 6, 2026, title agencies pay up to $1,000 each year based on premium volume. Individuals pay no more than $20 per year across all licenses. A new agency license requires a $1,000 payment. Agencies also owe the greater of $1,000 or 2% of their reserve balance (cut proportionally if all 2% charges would top $250,000). Agencies must pay by August 31. If the commissioner and Title and Escrow Commission cannot agree, the commissioner has the final say on penalties, rules, and actions. A prior single‑risk limit in title insurance is repealed.
Stronger escrow fund and wire protections
Escrow funds must be kept in a separate trust account at a federally insured bank with a Utah branch that can do trust business, and kept separate in records. Title producers must carry at least $500,000 in fidelity or crime coverage. If a wire is not received within two business days, producers must report it within seven business days of learning it. Good‑faith reporters are immune from civil suits, and the reporter’s identity is a protected record. Each year, the commissioner reports nonidentifying title‑complaint data.
More oversight of insurers big in Utah
A foreign insurer is treated as commercially domiciled in Utah if, over the last three years, it wrote more premiums in Utah than in its home state, or Utah premiums are at least 15% of U.S. premiums (title insurers are excluded). These insurers must follow Utah’s domestic rules on holding companies, financial condition, investments, supervision, and receivership unless exempted. The commissioner can exempt them if assets are in Utah or if the asset‑to‑liability ratio shows no reasonable danger to Utah policyholders. The conflict‑of‑laws rule applies to foreign and commercially domiciled insurers, and foreign insurers still must follow other applicable code. Records received from other insurance regulators stay confidential at least to the same level as the sending regulator.
Stronger insurer exams and who pays
The commissioner can hire outside experts, like CPAs, investment pros, and IT specialists, to examine insurers. The examined company must pay the contractor’s reasonable, approved costs, including travel, lodging, and compensation. If a company cannot get needed records from a third party, it is not concealment if it ends the relationship right away. Deposits held in trust are used first to pay any unpaid exam costs, then administrative costs, and then claimants in receivership order.
Clearer group life rules for associations
Associations can get group life coverage if they meet size, age, and governance tests and have a real common purpose. Premiums may be paid by the association, members’ employers from member funds, or both. If members do not pay any part of the premium, all eligible members must be covered (with the law’s stated exception). Members must be told all costs, that dues are separate from premiums, who holds the master policy, and who can change rates and terms. If the insurer collects dues for the association, it must say so.
Public adjusters must file contracts
Public adjusters must file their contract form with the state before working on a claim. They must give you a signed copy when you sign. They cannot use an unfiled form or hide how they get paid.
Stronger rules for public adjusters
If you hire a public adjuster, they must give your insurer a letter you signed, and the insurer must verify the adjuster’s license. Adjusters cannot get paid unless they actually do the usual licensed work. Contracts cannot demand early fees, take the whole first check, require checks in the adjuster’s name only, add late fees, or block your right to sue. If you cancel under your rescission right, the adjuster must return anything of value you paid within 15 business days after they get your notice.
Ambulance plans: refunds and safeguards
Ambulance membership plans are regulated as limited health plans. The law requires clear, bold disclosures and truthful ads that say the plan is not insurance. Starting May 6, 2026, organizations must keep a cash reserve of at least 20% of gross earned fees on active Utah contracts and post a bond of at least $5,000 per 100 Utah members. If you join Medicaid midterm and notify the organization within 30 days, you get a prorated refund from your Medicaid start date. The organization must unenroll a Medicaid enrollee within 30 days after learning of it.
Medicare-eligible can return some policies
If you are eligible for Medicare and buy a limited accident or health policy, you have 30 days to return it for any reason. You get a full premium refund. This does not apply to employer group policies, and the notice must appear clearly on or with the policy’s front page.
Safer, faster escrow at closings
Title agents who handle escrow must keep a staffed office in Utah and tell buyers and sellers that a closing protection letter is available when they first deliver the title commitment. Some funds can be disbursed the same day, like cash and wires; cashier’s/official checks from one party under $10,000; personal checks up to $500 per closing; traceable, non‑reversible ACH; and Fedwire. Money can be paid out only if the trust account has enough collected and cleared funds. Escrow money is kept separate from the agent’s debts, and agents must keep records and follow fiduciary and notary rules.
Faster deposits of client insurance funds
If you handle money to forward to an insurer or insured, you must send it by the next business day. If you do not, you must deposit it in an authorized, federally insured account by the next business day and keep it there until you pay the right person. Title insurance licensees are not subject to this specific deposit rule.
More powers for insurance investigators
State insurance investigators can investigate crimes by licensees tied to regulated work. They may be designated law‑enforcement officers. With the commissioner’s approval, they can qualify for public‑safety retirement benefits.
Keep your home‑state license active
If you are a licensed insurance producer, the commissioner can discipline you for not keeping an active resident license in your home or designated home state. Penalties can include revoking, suspending, limiting, or denying your license, or assessing a forfeiture.
Higher captive fees and in‑state presence
A Utah risk‑retention‑group captive pays 2% of gross premiums each year, capped at $200,000. Captives must pay nonrefundable application, certificate, and renewal fees and can be billed for review costs. Certificates expire annually and must be renewed by July 1. Captives must hold a yearly governing‑body meeting in Utah or join the Utah Captive Insurance Association at its top level. Starting in fiscal year 2027, any money in the Captive Insurance Restricted Account over $1,687,500 goes to the General Fund.
Stronger penalties and reporting for insurers
The commissioner can refer willful holding‑company violations for prosecution. Insurers face fines up to $20,000; individuals face a third‑degree felony, fines up to $5,000, prison, or both. If an examinee fails to pay exam costs on time, the commissioner can draw from its statutory deposit. Mutual insurers must file a dividend schedule 30 days before payment; the filing stays confidential unless release protects insureds or the public. The commissioner must notify commercially domiciled insurers how Utah law applies to them.
Required stock sale: seller gets cost back
In a required sale of stock under this law, the seller gets paid first, up to what they originally paid for the shares. Any extra money goes to Utah’s General Fund. The seller and their related or affiliated persons cannot buy the stock at that sale.
Tighter rules for ambulance memberships
Ambulance membership groups cannot knowingly sell or offer plans to people on Medicaid. These groups may offer only the ambulance membership plan described in law, not other add‑on benefits. They are exempt from a listed deposit requirement for limited health plans.
Clearer pay rules for insurance agents
The law lets licensed insurance producers charge noncommission fees for actual or reasonable costs if they apply them the same way to similar customers and keep records. Surplus lines producers must disclose any other pay they receive, name the source, and get the insured’s signed OK that shows the amount and any contingent pay before giving service.
Dental overpayment and takeback timelines
A dental provider must return any plan overpayment within 60 days after the plan sends notice. Starting January 1, 2026, a plan may not automatically take back an overpayment until more than 60 days after its notice, unless the provider opts in to an earlier takeback.
Most changes start May 6, 2026
Most insurance changes in this law take effect on May 6, 2026.
Updated rules for group and limited care
Group accident and health plans must be for real groups, or other groups the commissioner finds sound and in the public interest. Blanket policies must cover a defined class and can be issued only to listed entities like employers, schools, or unions. The law defines limited long‑term care as non‑hospital care under 12 months and excludes major medical, Medicare supplements, and other listed policies. A foreign ambulance membership group with a Utah certificate is exempt from certain sections if it follows domestic‑organization rules.
New reporting and rules for captives
Beginning May 6, 2026, pure captives can align their reporting year with the parent’s if approved; reports are due 60 days after year‑end and audits six months after. Branch captives must file copies of foreign reports within 60 days; the commissioner can waive a separate Utah report by written waiver. Sponsored captives must file a consolidated report for each cell by March 1. Captives must report material adverse financial changes within 20 days. The commissioner may suspend or revoke a captive’s authority for insolvency, missed filings, not paying fees, or other violations. Dormant captives must keep at least 10% of minimum capital and generally need no annual audit or actuarial opinion unless required. Certain captive filings and a reporting title agency’s identity are protected records.
New rules for captive insurers
A captive insurer that stops doing insurance can apply for a free dormancy certificate starting May 6, 2026. To keep dormancy, it must pay an annual fee equal to 50% of its certificate renewal fee by July 1. Each captive must file a verified annual financial report by March 1. Investing excess surplus outside standard classes needs the commissioner’s written approval. Loans to parents or affiliates need prior approval and proper notes, and pure captives cannot loan from required paid‑in capital.
Limited long‑term care rules repealed
Beginning May 6, 2026, Utah repeals statutes for limited long‑term care insurance, including scope, disclosure and performance standards, and nonforfeiture benefits. This removes those set rules and changes issuer duties and consumer protections for limited long‑term care products.
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Sponsors & Cosponsors
Sponsor
James A. Dunnigan
Republican • House
Cosponsors
Evan J. Vickers
Republican • Senate
Roll Call Votes
House vote • 3/2/2026
House/ concurs with Senate amendment
Yes: 68 • No: 1
Senate vote • 2/27/2026
Senate/ passed 3rd reading
Yes: 24 • No: 0
Senate vote • 2/27/2026
Senate/ uncircled
Yes: 0 • No: 0
Senate vote • 2/25/2026
Senate/ substituted
Yes: 0 • No: 0
Senate vote • 2/25/2026
Senate/ uncircled
Yes: 0 • No: 0
Senate vote • 2/25/2026
Senate/ circled
Yes: 0 • No: 0
Senate vote • 2/20/2026
Senate/ circled
Yes: 0 • No: 0
Senate vote • 2/19/2026
Senate/ passed 2nd reading
Yes: 22 • No: 0
House vote • 2/18/2026
Senate Comm - Favorable Recommendation
Yes: 8 • No: 0
House vote • 2/6/2026
House/ passed 3rd reading
Yes: 63 • No: 1
House vote • 2/6/2026
House/ uncircled
Yes: 0 • No: 0
House vote • 2/5/2026
House/ circled
Yes: 0 • No: 0
House vote • 1/27/2026
House Comm - Favorable Recommendation
Yes: 11 • No: 0
House vote • 1/27/2026
House Comm - Substitute Recommendation
Yes: 11 • No: 0
Actions Timeline
Governor Signed
3/17/2026House/ to Governor
3/12/2026HouseHouse/ received enrolled bill from Printing
3/12/2026HouseHouse/ enrolled bill to Printing
3/4/2026HouseEnrolled Bill Returned to House or Senate
3/4/2026Draft of Enrolled Bill Prepared
3/4/2026Bill Received from House for Enrolling
3/4/2026House/ signed by Speaker/ sent for enrolling
3/3/2026HouseHouse/ received from Senate
3/3/2026HouseSenate/ to House
3/2/2026SenateSenate/ signed by President/ returned to House
3/2/2026SenateSenate/ received from House
3/2/2026SenateHouse/ to Senate
3/2/2026HouseHouse/ concurs with Senate amendment
3/2/2026HouseHouse/ placed on Concurrence Calendar
2/27/2026HouseHouse/ received from Senate
2/27/2026HouseSenate/ to House with amendments
2/27/2026SenateSenate/ passed 3rd reading
2/27/2026SenateSenate/ uncircled
2/27/2026SenateSenate/ circled
2/25/2026SenateSenate/ substituted
2/25/2026SenateSenate/ uncircled
2/25/2026SenateSenate/ circled
2/20/2026SenateSenate/ 3rd reading
2/20/2026SenateSenate/ passed 2nd reading
2/19/2026Senate
Bill Text
Enrolled
3/4/2026
Substitute #2
2/25/2026
Substitute #1
1/27/2026
Introduced
12/22/2025
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