Title 31A, Title 31A: Insurance Code

31A-40-212. Determination of joint employers -- Franchisors excluded. (1) For purposes of determining whether two or more persons are considered joint employers under this chapter, an administrative ruling of a federal executive agency may not be considered a generally applicable…

31A-40-301. Licensing required. (1) Except as otherwise provided in this chapter, a person may not engage in the following before the day on which the person is licensed under this chapter: providing a professional employer service in this state; advertising that the person provi…

31A-40-302. Licensing process. (1) To apply for an initial or renewal license under this chapter, a person shall: submit an application with the commissioner on a form and in a manner the commissioner shall determine by rule made in accordance with; and Title 63G, Chapter 3, Utah…

31A-40-303. Licensed through an assurance organization. (1) A person may comply with Sectionby: 31A-40-302 filing with the commissioner: a certification that an assurance organization certifies the qualifications of the professional employer organization; the information required…

31A-40-304. Small operation license. (1) A professional employer organization may obtain a small operation license under this chapter if the professional employer organization: files an application for a small operation license with the commissioner: on a form and in a manner the…

31A-40-305. Financial statements required for licensing. (1) A person that files a financial statement with an application for an initial license under Sectionshall file the professional employer organization's most recent audit as of the day the application is filed, except that…

31A-40-306. Professional employer organization group. (1) Subject to Subsection, a professional employer organization that is a member of a professional employer organization group may comply with Sectionor Sectionsthroughon a combined or consolidated basis if each member of the …

31A-40-307. Voluntary surrender of professional employer organization license. (1) When a professional employer organization wants to voluntarily surrender its professional employer organization license, the professional employer organization shall: notify in writing each coemplo…

31A-40-308. Material changes. A professional employer organization shall notify the commissioner within 30 days of a change in: (1) ownership; (2) an address or telephone number; (3) a contact person; or (4) business email address at which the commissioner may contact the profess…

31A-40-309. Applicability of other provisions of law. A professional employer organization is subject to Sectionsand.

31A-40-401. Prohibited acts. (1) A person may not: offer or provide a professional employer service if the person is not licensed under this chapter; use one of the following names if the person is not licensed under this chapter: "administrative employer"; "employee leasing"; "P…

31A-40-402. Disciplinary action. (1) Notwithstanding Section, in accordance with this section the commissioner may take action against a person if the commissioner finds that the person: 31A-2-308 is violating or has violated Section; or 31A-40-401 is a: professional employer org…

31A-41-101. Title. This chapter is known as the "Title Insurance Recovery, Education, and Research Fund Act."

31A-41-102. Definitions. As used in this chapter: (1) "Commission" means the Title and Escrow Commission created in Section. 31A-2-403 (2) "Fund" means the Title Insurance Recovery, Education, and Research Fund created in Section. 31A-41-201 (3) "Title insurance licensee" means: …

31A-41-103. Authority to take disciplinary action not limited. (1) This chapter does not limit the authority of the commissioner or the commission to take disciplinary action against a title insurance licensee for a violation of this title or rules made by the department or commi…

31A-41-201. Creation of Title Insurance Recovery, Education, and Research Fund. (1) There is created an expendable special revenue fund to be known as the "Title Insurance Recovery, Education, and Research Fund." (2) The fund shall consist of: assessments on individual title insu…

31A-41-202. Assessments. (1) An agency title insurance producer licensed under this title shall pay an annual assessment determined by the commission by rule made in accordance with Section, except that the annual assessment: 31A-2-404 may not exceed $1,000; and shall be determin…

31A-41-203. Use of money. (1) Money in the fund may be used to pay claims made under. Part 3, Claims on Fund (2) Except as limited by Subsection, money in the fund in excess of $250,000 may be used by the commissioner, with the consent of the commission, to: (2)(b) investigate vi…

31A-41-301. Procedure for making a claim against the fund. (1) To recover from the fund, a person shall: obtain a final judgment against a title insurance licensee establishing that fraud, misrepresentation, or deceit by the licensee in a real estate transaction proximately cause…

31A-41-302. Department may defend action in which title insurance licensee does not appear or defend. (1) In a lawsuit alleging that fraud, misrepresentation, or deceit by a title insurance licensee in a real estate transaction proximately caused economic harm, if grounds arise f…

31A-41-303. Determination and amount of fund liability. (1) Subject to the requirements of this part, if the department determines that a claim should be levied against the fund, the department shall enter an order that the fund pay that portion of the petitioner's judgment that …

31A-41-304. Insufficient funds to satisfy judgment. If the money in the fund is insufficient to satisfy a claim ordered to be paid under Section, when sufficient money is in the fund, the department shall pay a person with an unpaid claim: (1) in the order that petitions related …

31A-41-305. Department subrogated -- Authority to revoke license. (1) If the department makes payment from the fund, the department is subrogated to all the rights of the person who received money from the fund for the amounts paid out of the fund. Any amounts recovered by the de…

31A-41-306. Failure to comply constitutes a waiver. The failure of a person to comply with this chapter constitutes a waiver of any right provided under this chapter.

31A-43-101. Title. This chapter is known as the "Small Employer Stop-Loss Insurance Act."

31A-43-102. Definitions. For purposes of this chapter: (1) "Actuarial certification" means a written statement by a member of the American Academy of Actuaries, or by another individual acceptable to the commissioner, that an insurer is in compliance with this chapter, based upon…

31A-43-201. Scope of chapter. (1) This chapter establishes criteria for the issuance of stop-loss insurance contracts or re-insurance contracts for small employers that establish self-funded or partially self-funded health plans for the small employer's employees. This chapter do…

31A-43-202. Laws applicable to stop-loss insurance. A stop-loss insurance contract or a re-insurance contract issued to a small employer that establishes a self-funded or partially self-funded health plan: (1) is not reinsurance under this title, and is not subject to the regulat…

31A-43-301. Stop-loss insurance standards. (1) A small employer stop-loss insurance contract shall: be issued to the small employer to provide insurance to the group health benefit plan, not the employees of the small employer; have a contract term with guaranteed rates for at le…

31A-43-302. Stop-loss restrictions -- Filing requirements. (1) A stop-loss insurer shall file the stop-loss insurance contract form and rate methodology with the commissioner pursuant to Sectionsandbefore the stop-loss insurance contract may be issued or delivered in the state. 3…

31A-43-303. Stop-loss insurance disclosure. A stop-loss insurance contract delivered, issued for delivery, or entered into shall include the disclosure exhibit required by the commissioner through administrative rule, which shall include at least the following information: (1) th…

31A-43-304. Administrative rules. The commissioner may adopt administrative rules in accordance with, to: (1) implement this chapter; (2) define lasering practices that are prohibited by this chapter; (3) establish the form and manner of the actuarial certification and the annual…

31A-44-102. Definitions. As used in this chapter: (1) "Continuing care" means furnishing or providing access to an individual, other than by an individual related to the individual by blood, marriage, or adoption, of lodging together with nursing services, medical services, or ot…

31A-44-103. Advisory committee. (1) The commissioner may convene a continuing care advisory committee to advise the department on issues related to the continuing care industry, continuing care facility residents, and the department's duties under this chapter. (2) The committee …

31A-44-104. Scope of regulation -- When compliance is required. (1) The regulation of providers under this chapter does not limit or replace regulation by any other governmental entity of continuing care facilities or providers. (2) The department may not regulate, or in any mann…

31A-44-201. Registration required. (1) A person may not provide or offer to provide continuing care unless the person is registered with the department. (2) A registration expires on December 31 of a given year, unless a provider renews the provider's registration under Section. …

31A-44-202. Registration. (1) To register under this part, a person shall: pay an original registration fee established by the department in accordance with Section; and 63J-1-504 submit a registration statement, in a form approved by the department, that contains the information…

31A-44-203. Renewal process. In order to renew a registration under this section, a provider shall: (1) pay an annual fee established by the department in accordance with Section; 63J-1-504 (2) submit an updated provider disclosure statement that complies with Section; 31A-44-301…

31A-44-204. Actuarial review. (1) This section applies only to a provider that directly or indirectly offers a future guarantee of continuing care that the department determines develops current actuarial liabilities. This section does not apply to a provider that offers continui…

31A-44-205. Suspension or revocation of registration. The department may suspend or revoke a provider's registration if the provider intentionally violates this chapter.

31A-44-206. Management by others. A provider may not contract for total management of a facility unless the provider notifies the department.

31A-44-301. Precontractual recording requirements. (1) A provider shall file with the department a current disclosure statement that meets the requirements of this part. (2) A provider shall comply with Subsectionbefore the provider: (1) contracts to provide continuing care to a …

31A-44-302. Delivery of disclosure statement. (1) A provider shall deliver a disclosure statement to an individual before the earlier of the date: the provider executes a continuing care contract with the individual; or the individual transfers an entrance fee or a nonrefundable …

31A-44-303. Cover page of disclosure statement. The cover page of a disclosure statement shall state: (1) the disclosure statement's date in a prominent location and in type that is boldfaced, capitalized, underlined, or otherwise set out from the surrounding written material so …

31A-44-304. Disclosure statement -- Contents -- Provider characteristics. A provider disclosure statement shall contain: (1) the name and business address of each provider officer, director, trustee, and managing or general partner of the provider; (2) the name and business addre…

31A-44-305. Disclosure statement -- Contents -- Contract. A provider disclosure statement shall include a description of the following provisions contained in the provider's continuing care contract: (1) a description of the services provided under the provider's proposed continu…