Title 31A, Insurance Code

31A-8-604. Ambulance membership restrictions -- Medicaid program. (1) An ambulance membership organization may not knowingly sell, offer for sale, or provide an ambulance membership plan to an individual who is enrolled in the Medicaid program. (2)(a) If an individual who enters …

31A-8-605. Marketing requirements -- Required disclosures. (1) Each advertisement, marketing material, brochure, ambulance membership card, presentation, and any other communication of an ambulance membership organization shall be truthful and not misleading in fact or in implica…

31A-8a-101. Title. This chapter is known as the "Health Discount Program Consumer Protection Act."

31A-8a-102. Definitions. As used in this chapter: (1) "Fee" means any periodic charge for use of a discount program. (2) "Health care provider" means a health care provider as defined in Section 78B-3-403, with the exception of "licensed athletic trainer," who: (a) is practicing …

31A-8a-103. Scope and purposes. (1) A person shall comply with the provisions of this chapter if the person operates a health discount program in this state. (2) Notwithstanding any provision in this title, a person who only operates or markets a health discount program is exempt…

31A-8a-201. License required. (1) Except as provided in Subsection 31A-8a-103(3), prior to operating or marketing a health discount program, a person shall: (a) be authorized to transact business in this state; and (b) be licensed by the commissioner. (2)(a) An application for li…

31A-8a-202. Commissioner to issue license -- Renewals. (1) The commissioner may issue a license to a person: (a) who files an application and pays the fee in accordance with Section 31A-8a-201; and (b) who the commissioner determines is in compliance with this chapter. (2)(a) A l…

31A-8a-202.5. Reporting of administrative actions and criminal prosecution. (1) A health discount program operator or health discount program marketer shall report to the commissioner any administrative action or criminal prosecution brought against the health discount program op…

31A-8a-203. Information filed with the department. (1) Prior to operating a health discount program, a person shall submit the following to the commissioner: (a) a copy of contract forms used by the health discount program for: (i) health care providers or health care provider ne…

31A-8a-204. Advertising restrictions and requirements. (1) An operator of a health discount program may not: (a) use any form of words or terms that may confuse health discount programs with other types of health insurance in advertising or marketing such as "health plan," "healt…

31A-8a-205. Disclosure of health discount program terms. (1)(a) Health discount program operators shall provide to each purchaser or potential purchaser a copy of the terms of the discount program at the time of purchase. (b) For purposes of this section "purchaser" means the emp…

31A-8a-205.5. Free look right. (1) Except as provided in Subsection (2), a person that purchases a health discount program may, with or without cause, within 30 days after the day on which the purchase contract is signed, cancel the contract without payment, damages, penalty, or …

31A-8a-206. Provider agreements -- Record keeping. (1) A health discount program operator may not place any restrictions on an enrollee's access to health care providers such as waiting periods or notification periods. (2) A health discount program operator may not reimburse heal…

31A-8a-207. Notice of change. (1) A health discount program operator shall provide the commissioner notice of: (a) any change in the health discount program's organizational name, change of business or mailing address, or change in ownership or principals; and (b) any change in t…

31A-8a-208. Representing or aiding an unauthorized insurer. (1) The provisions of this chapter and Chapter 15, Unauthorized Insurers, Surplus Lines, and Risk Retention Groups, apply to the activities of an unlicensed health discount program operator as if the health discount prog…

31A-8a-209. Health discount program fraud. For purposes of Chapter 31, Insurance Fraud Act, a health discount program operator is an insurer as defined in Section 31A-31-102 and is subject to the provisions of Chapter 31, Insurance Fraud Act.

31A-8a-210. Rulemaking authority. The commissioner has authority to adopt administrative rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act: (1) to enforce this chapter; and (2) as necessary to protect the public interest.

31A-9-101. Definitions. (1) As used in this chapter: (a) "Fraternal" or "fraternal benefit society" means a corporation organized or operating under this chapter that: (i) has no capital stock; (ii) exists solely for: (A) the benefit of its members and their beneficiaries; and (B…

31A-9-102. Scope and purposes. (1)(a) This chapter applies to all fraternals organized under the laws of this state. (b) Except as expressly provided in this chapter and in Section 31A-14-210, this chapter does not apply to nondomestic fraternals. (2) The purposes of this chapter…

31A-9-103. Orders imposing and relaxing restrictions. (1) The commissioner may subject any fraternal to some or all of the restrictions of Subsections 31A-5-305(2)(a)(i) and (ii), and Subsection 31A-5-410(1)(b), as such provisions are incorporated by Sections 31A-9-303 and 31A-9-…

31A-9-104. Applicability of other insurance laws to fraternals. (1) No section of Chapter 5, Domestic Stock and Mutual Insurance Corporations, applies to fraternals unless it is specifically made applicable by this chapter. (2) Each section of the Insurance Code, other than in Ch…

31A-9-105. General corporate powers and procedures. (1) Section 16-10a-302 applies to the general powers of fraternals. (2) Section 16-6a-304 applies to ultra vires issues in fraternals. (3) Subsection 31A-5-104(3) applies to the omission of a seal in a fraternal. (4) Sections 16…

31A-9-106. Miscellaneous provisions. Sections 31A-5-105 and 31A-5-106 apply to fraternals.

31A-9-201. Reservation of corporate name. Section 31A-5-201 applies to the reservation of a corporate name for a fraternal.

31A-9-202. Members and applicants in fraternals. (1) A fraternal may admit any natural person to membership under the conditions and for the type of insurance and other benefits its laws prescribe, subject to this chapter and other applicable laws. A member without insurance ceas…

31A-9-203. Incorporators. One or more adult natural persons may organize and act as the incorporators of a fraternal under this chapter.

31A-9-204. Articles of incorporation and bylaws. (1) The articles of incorporation shall set forth: (a) the name of the corporation, which shall include the word "fraternal" or words of equivalent meaning; (b) the location of the principal office of the fraternal, which shall be …

31A-9-205. Organization permit and certificate of incorporation. (1) Section 31A-5-204 applies to fraternals except that the word "mutual" shall be read "fraternal" and "Section 31A-5-211" in Subsection 31A-5-204(5) shall be read "Section 31A-9-209." (2) The application for an or…

31A-9-206. Powers under organization permit and deposit of proceeds of subscriptions. Subsection 31A-5-207(2) and Section 31A-5-208 apply to fraternals, except that: (1) the word "mutual" shall be read "fraternal"; and (2) there are no qualifying insurance policies as referred to…

31A-9-207. Termination of organization permit and payment of organization expenses. Section 31A-5-209, other than Subsection (3)(c), applies to fraternals, except that: (1) the word "mutual" shall be read "fraternal"; and (2) the reference to "Section 31A-5-212" shall be read "Se…

31A-9-208. Incorporators' liability and organization expenses. Subsections 31A-5-210(1) and (2)(b) apply to fraternals, except that the word "mutual" shall be read "fraternal."

31A-9-209. Initial surplus requirements. (1)(a) The requirements of Subsections 31A-5-211(1) through (4) apply to fraternals with respect to the amount of permanent surplus required of the fraternal. (b) For purposes of Subsection (1)(a): (i) wherever the word "mutual" appears in…

31A-9-210. Certificate of authority. Section 31A-5-212 applies to certificates of authority for fraternals, except that references to other sections in Chapter 5, Domestic Stock and Mutual Insurance Corporations, shall be read to refer to the corresponding sections in Chapter 9, …

31A-9-211. Accelerated organization procedure. Section 31A-5-213 applies to the accelerated organization procedure for fraternals, except that the word "mutual" shall be read "fraternal."

31A-9-212. Separate accounts and subsidiaries. (1) Except as provided in Subsections (2) and (3), Sections 31A-5-217 and 31A-5-218 apply to separate accounts and subsidiaries of fraternals. If a fraternal issues contracts on a variable basis, Subsections 31A-22-902(2) and (6) and…

31A-9-213. Amendment of articles of incorporation. (1) The articles of a fraternal may provide for amendment by the supreme governing body or by the board of directors, and may also provide for amendment by an affirmative vote of a majority of those members who vote in a referend…

31A-9-301. Securities regulation. Section 31A-5-301 applies to fraternal bonds but does not apply to contribution notes, as they are defined in Section 31A-5-305, as incorporated by Section 31A-9-303.

31A-9-302. Registration of securities. Section 31A-5-302 applies to securities of fraternals.

31A-9-303. Authorized securities. Subsection 31A-5-305(2) applies to authorized securities of fraternals, except that the words "mutual" and "nonassessable mutual" shall be read "fraternal."

31A-9-401. Principal office, registered agent, and corruption in members' meetings. Section 31A-5-401 governs the location of the principal office and existence of a registered agent for fraternals. Section 31A-5-403 applies to members' meetings of domestic fraternals.

31A-9-402. Communications to members. (1) A fraternal may provide in its laws for an official publication in which any notice, report, or statement required by law to be given to members, including a notice of election, may be published. Any required notice shall be printed consp…

31A-9-403. Representative form of government. (1) A fraternal shall have a supreme governing body consisting either of: (a) A board of directors is the supreme governing body of a fraternal. It consists of some directors elected directly by the members or by their representatives…

31A-9-404. Annual report to fraternal members. (1) Every domestic fraternal shall send to each member having insurance or shall publish in the official publication under Subsection 31A-9-402(1), an abbreviated annual report. (2) This report shall contain: (a) basic financial and …

31A-9-405. Board of directors. (1) Sections 16-6a-801 and 16-6a-802 apply to fraternals, except that the supreme governing body may act as the board of directors if it meets at least quarterly. Subsections 31A-5-407(2) through (9) apply to fraternals, except that the word "mutual…

31A-9-406. Removal of directors and filling of vacancies. (1) A director may be removed from office for cause by an affirmative vote of a majority of the full board of directors at a meeting of the board called for that purpose or may be removed under Subsection 16-6a-820(4). (2)…

31A-9-407. Supervision of management changes. Section 31A-5-410 applies to the supervision of management changes of fraternals.