31A-8-103. Applicability to other provisions of law.
(1) Except for exemptions specifically granted under this title, an organization is subject to regulation under all of the provisions of this title. Notwithstanding any provision of this title, an organization licensed under this chapter: is wholly exempt from:; Chapter 7, Nonprofit Health Service Insurance Corporations; Chapter 9, Insurance Fraternals; Chapter 10, Annuities; Chapter 11, Motor Clubs; and Chapter 12, State Risk Management Fund; and Chapter 19a, Utah Rate Regulation Act is not subject to:, except for; Chapter 3, Department Funding, Fees, and Taxes Part 1, Funding the Insurance Department Section; 31A-4-107, except for provisions specifically made applicable by this chapter; Chapter 5, Domestic Stock and Mutual Insurance Corporations, except for provisions specifically made applicable by this chapter; Chapter 14, Foreign Insurers, except: Chapter 17, Determination of Financial Condition, and; or Part 2, Qualified Assets Part 6, Risk-Based Capital as made applicable by the commissioner by rule consistent with this chapter;, except as made applicable by the commissioner by rule consistent with this chapter; and Chapter 18, Investments, except for,, and. Chapter 22, Contracts in Specific Lines Part 6, Accident and Health Insurance Part 7, Group Accident and Health Insurance Part 12, Reinsurance
(2) The commissioner may by rule waive other specific provisions of this title that the commissioner considers inapplicable to limited health plans, upon a finding that the waiver will not endanger the interests of: enrollees; investors; or the public.
(3) , and, do not apply to an organization except as specifically made applicable by: Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act Title 16, Chapter 10a, Utah Revised Business Corporation Act this chapter; a provision referenced under this chapter; or a rule adopted by the commissioner to deal with corporate law issues of health maintenance organizations that are not settled under this chapter.
(4) Whenever in this chapter,, or, is made applicable to an organization, the application is: Chapter 5, Domestic Stock and Mutual Insurance Corporations Chapter 14, Foreign Insurers of those provisions that apply to a mutual corporation if the organization is nonprofit; and of those that apply to a stock corporation if the organization is for profit. When, or, is made applicable to an organization under this chapter, "mutual" means nonprofit organization. Chapter 5, Domestic Stock and Mutual Insurance Corporations Chapter 14, Foreign Insurers
(5) Solicitation of enrollees by an organization is not a violation of any provision of law relating to solicitation or advertising by health professionals if that solicitation is made in accordance with: this chapter; and. Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries
(6) This title does not prohibit any health maintenance organization from meeting the requirements of any federal law that enables the health maintenance organization to: receive federal funds; or obtain or maintain federal qualification status.
(7) Except as provided in, an organization is exempt from statutes in this title or department rules that restrict or limit the organization's freedom of choice in contracting with or selecting health care providers, including Section. Chapter 45, Managed Care Organizations 31A-22-618
(8) An organization is exempt from the assessment or payment of premium taxes imposed by Sectionsthrough. 59-9-101 59-9-104
(9) An ambulance membership organization that complies with this chapter is exempt from the requirements of Section. 31A-4-113.5