Title 31A, Insurance Code

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

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

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: (a) assessments on individual title …

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 31A-2-404, except that the annual assessment: (a) may not exceed $1,000; and (b) shall be …

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)(a) Except as limited by Subsection (2)(b), money in the fund in excess of $250,000 may be used by the commissioner, with the consent of the commission, to: (i) investi…

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

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 31A-41-303, when sufficient money is in the fund, the department shall pay a person with an unpaid claim: (1) in the order that petitio…

31A-41-305. Department subrogated -- Authority to revoke license. (1)(a) 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. (b) Any amounts recovered by…

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: (a) be issued to the small employer to provide insurance to the group health benefit plan, not the employees of the small employer; (b) have a contract term with guaranteed rates f…

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 Sections 31A-2-201 and 31A-2-201.1 before the stop-loss insurance contract may be issued or d…

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 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to: (1) implement this chapter; (2) define lasering practices that are prohibited by this chapter; (3) establish the form…

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 3…

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

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)(a) 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. (b) This section does not apply to a provider that offers c…

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 Subsection (1) before the provider: (a) contracts to provide continuing care …

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

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…

31A-44-306. Disclosure statement -- Contents -- Health care information. The provider disclosure statement shall include: (1) a description of the facility as an independent living, assisted living, or nursing care facility, or a combination of facility types; (2) a general descr…

31A-44-307. Disclosure statement -- Contents -- Financial information. The provider disclosure statement shall: (1) describe any provisions the provider made or will make to provide reserve funding or security to enable the provider to fully perform the provider's obligations und…

31A-44-308. Anticipated source and application of funds. If a provider's facility is not in operation, the provider disclosure statement shall include a statement of the provider's anticipated source and application of funds to be used in the purchase or construction of the facil…

31A-44-309. Standard contract form. (1) A provider shall attach a copy of the provider's standard contract form to a disclosure statement. (2) The standard contract form shall specify the refund provisions of Sections 31A-44-312 and 31A-44-313.

31A-44-310. Annual disclosure statement revision. (1) A provider shall file a revised disclosure statement with the department before 120 days after the day on which the provider's fiscal year ends. (2) The revised disclosure statement shall revise, as of the end of the provider'…

31A-44-311. Advertisement in conflict with disclosures. A provider may not engage in any type of advertisement for a continuing care contract or facility if the advertisement contains a statement or representation in conflict with the disclosures required under this part.

31A-44-312. Rescission of contract -- Required language. (1) An individual who executes a continuing care contract with a provider may rescind the contract at any time before the later of: (a) midnight on the day seven days after the day on which the individual executes the conti…

31A-44-313. Cancellation of contract -- Death or incapacity before occupancy. (1) A continuing care contract to provide continuing care in a living unit in a facility is cancelled if the resident: (a) dies before occupying a living unit in the facility; or (b) is precluded under …

31A-44-314. Disclosure statement fees. A provider that files a disclosure statement under this chapter shall pay to the department a fee established by the department in accordance with Section 63J-1-504.

31A-44-315. Financial assessment. (1) The department shall assess the financial condition of a provider no less than once per year. (2) The department may consider any relevant documents and information in performing an assessment. (3) A provider shall prepare and timely provide …