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Advocacy & Lobbying

  • The Utah Insurance Department is sending you this message as a courtesy. It applies only to insurers offering accident & health insurance.

     

    Notice: This message is to advise that the Utah Insurance Department (department) will enforce the provisions of the Consolidated Appropriations Act, 2021 (CAA) applicable to an insurer related to surprise medical bills and transparency in health care. An Insurer is not required to file forms with the Center for Medicare and Medicaid Services (CMS) as posted in the Form FIling Instructions for System for Electronic Rates and Forms Filing (SERFF) for Plan Year 2024, dated December 20, 2022. Based on this notice, an insurer does not need to select the CMS Direct Enforcement instance in SERFF.

     

    Please note all insurers offering a health benefit plan in the individual and group markets, including fully insured small group and large group market plans, student health insurance coverage, grandfathered plans, and transitional relief (aka grandmother) plans must comply with the CAA.

     

    The annual bulletin for the filing timeline and requirements for Plan Year 2024 is currently being drafted and will be released as soon as possible.

     

    Should you have any questions, please contact Heidi Clausen at (801) 957-9278 or hclausen@utah.gov.


    The Utah Insurance Department has made effective two rules:

    • R590-177, Life Insurance Illustrations Rule.
      Rule changes put into effect 01/24/2023.
    • R590-197, Treatment of Guaranty Association Assessments as Qualified Assets.
      Rule changes put into effect 01/24/2023.

    Thanks very much.


    The Utah Insurance Department has filed effective dates for 13 rules.

     

    Each action was a result of Executive Order 2021-12 and the changes were largely clerical and grammatical, with the exception of R590-246 which was repealed. You can see the text of the rule filings at https://insurance.utah.gov/consumer/legal-resources/rules and the links below:

    • R590-194, Coverage of Dietary Products for Inborn Errors of Amino Acid or Urea Cycle Metabolism.
      Rule changes put into effect 01/10/2022.
    • R590-239, Exemption of Student Health Centers From Insurance Code.
      Rule changes put into effect 01/10/2022.
    • R590-246, Professional Employer Organization (PEO) License Application Rule.
      Rule repealed effective 01/10/2022.
    • R590-250, Professional Employer Organization License Procedure and Assurance Organization Designation.
      Rule changes put into effect 01/10/2022.
    • R590-254, Annual Financial Reporting Rule.
      Rule changes put into effect 01/10/2022.
    • R590-258, Email Address Requirement.
      Rule changes put into effect 01/10/2022.
    • R590-265, Hazardous Financial Condition.
      Rule changes put into effect 01/10/2022.
    • R590-269, Individual Open Enrollment Period.
      Rule changes put into effect 01/10/2022.
    • R590-272, Commission Compensation Reporting.
      Rule changes put into effect 01/10/2022.
    • R590-276, Record Retention for Foreign Insurers, Alien Insurers, Commercially Domiciled Insurers, Foreign Title Insurers, and Foreign Fraternals.
      Rule changes put into effect 01/10/2022.
    • R590-279, Rule Designating Fraud Division Offices as a Secured Area.
      Rule changes put into effect 01/10/2022.
    • R590-280, Counting Short-Term Funds.
      Rule changes put into effect 01/10/2022.
    • R590-282, Pharmacy Benefit Managers.
      Rule changes put into effect 01/10/2022.


    The change clarifies that only a title insurance licensee must comply with Title R592, Title and Escrow Commission.

    You can see the text of the proposed amendments at https://insurance.utah.gov/consumer/legal-resources/rules and the link below:

    • R590-225, Submission of Property and Casualty Rate and Form Filings.
      This is a change to a proposed rule. Comments accepted until 03/03/2023. No hearing is scheduled. Earliest possible effective date is 03/10/2023.
  • The Utah Insurance Department has filed a change to proposed rule R590-225, Submission of Property a

  • R590-102, Insurance Department Fee Payment Rule.
    This is an amendment to an existing rule. Comments accepted until 02/14/2023. Hearing scheduled for 01/17/2023 at 9am. Details in filing form. Earliest possible effective date is 02/21/2023.

The Utah Insurance Department has proposed rulemaking actions on three rules:

  • R590-164-5, Electronic Data Interchange Transactions — amendment
  • R590-271-4, Reporting Requirements — amendment
  • R590-273, Continuing Care Provider Rule — repeal & reenact

R590-164-5 and R590-271-4 are being amended to update UHIN standards that are incorporated into the rule by reference. R590-273 is being repealed and replaced to comply with Executive Order 2021-12. You can see the text of the proposed amendments at https://insurance.utah.gov/consumer/legal-resources/rules and the links below:

  • New R590-164-5, Electronic Data Interchange Transactions.
    This is an amendment to an existing rule. Comments accepted until 01/31/2023. No hearing is scheduled. Earliest possible effective date is 02/07/2023.
  • New R590-271-4, Reporting Requirements.
    This is an amendment to an existing rule. Comments accepted until 01/31/2023. No hearing is scheduled. Earliest possible effective date is 02/07/2023.
  • New R590-273, Continuing Care Provider Rule.
    This is a repeal and reenactment of an existing rule. Comments accepted until 01/31/2023. No hearing is scheduled. Earliest possible effective date is 02/07/2023.


The Utah Insurance Department has filed effective dates for four rules:

  • Repeal & Reenact
    • R590-130, Rules Governing Advertisements of Insurance
  • Amendment
    • R590-198, Valuation of Life Insurance Policies
    • R590-235, Medicare Prescription Drug Plan
  • Repeal
  • R590-130, Rules Governing Advertisements of Insurance.
    Rule changes put into effect 12/08/2022.
  • R590-198, Valuation of Life Insurance Policies.
    Rule changes put into effect 12/08/2022.
  • R590-235, Medicare Prescription Drug Plan.
    Rule changes put into effect 12/08/2022.
  • R590-270, Risk Adjustment Data Submission Requirements.
    Rule repealed effective 12/08/2022.

The Utah Insurance Department has undertaken rulemaking actions on six rules:

Amendments

  • R590-177, Life Insurance Illustrations Rule.
  • R590-197, Treatment of Guaranty Association Assessments as Qualified Assets.

Effective Dates

  • R590-93-4, Duties of an Insurer That Uses a Producer
  • R590-232, Authorization for a Health Maintenance Organization to Provide Services as Third Party Administrator of Health Care Benefits
  • R590-251, Preneed Life Insurance Minimum Standards to Determine Reserve Liabilities and Nonforfeiture Values
  • R590-289, Term and Universal Life Insurance Reserve Financing

We've also submitted a change to the amended language in R590-250 filed on 11/15/2022.

You can see the text of the rule filings at https://insurance.utah.gov/consumer/legal-resources/rules and the links below:

 

Amendments

  • R590-177, Life Insurance Illustrations Rule.
    This is an amendment to an existing rule. Comments accepted until 01/17/2023. No hearing is scheduled. Earliest possible effective date is 01/24/2023.
  • R590-197, Treatment of Guaranty Association Assessments as Qualified Assets.
    This is an amendment to an existing rule. Comments accepted until 01/17/2023. No hearing is scheduled. Earliest possible effective date is 01/24/2023.

Effective Dates

  • R590-93-4, Duties of an Insurer That Uses a Producer.
    Rule changes put into effect 11/22/2022.
  • R590-232, Authorization for a Health Maintenance Organization to Provide Services as Third Party Administrator of Health Care Benefits.
    Rule repealed effective 11/22/2022.
  • R590-251, Preneed Life Insurance Minimum Standards to Determine Reserve Liabilities and Nonforfeiture Values.
    Rule changes put into effect 11/22/2022.
  • R590-289, Term and Universal Life Insurance Reserve Financing.
    Rule put into effect 11/22/2022.

The Utah Insurance Department has filed proposed rulemaking actions on six rules:

  • R590-194, Coverage of Dietary Products for Inborn Errors of Amino Acid or Urea Cycle Metabolism — repeal and reenactment
  • R590-246, Professional Employer Organization (PEO) License Application Rule — repeal
  • R590-250, Professional Employer Organization License Procedure and Assurance Organization Designation — repeal and reenactment
  • R590-254, Annual Financial Reporting Rule — amendment
  • R590-265, Hazardous Financial Condition — amendment
  • R590-272, Commission Compensation Reporting — amendment

All rules are being amended to comply with Executive Order 2021-12most amendments do not add, remove, or change any regulations or requirements. R590-246 is being repealed and the relevant portions combined into R590-250. They are largely clerical and grammatical changes. You can see the text of the proposed amendments at https://insurance.utah.gov/consumer/legal-resources/rules and the links below:

  • R590-194, Coverage of Dietary Products for Inborn Errors of Amino Acid or Urea Cycle Metabolism.
    This is a repeal and reenactment of an existing rule. Comments accepted until 01/03/2023. No hearing is scheduled. Earliest possible effective date is 01/10/2023.
  • R590-246, Professional Employer Organization (PEO) License Application Rule.
    This is a repeal of an existing rule. Comments accepted until 01/03/2023. No hearing is scheduled. Earliest possible effective date is 01/10/2023.
  • R590-250, Professional Employer Organization License Procedure and Assurance Organization Designation.
    This is a repeal and reenactment of an existing rule. Comments accepted until 01/03/2023. No hearing is scheduled. Earliest possible effective date is 01/10/2023.
  • R590-254, Annual Financial Reporting Rule.
    This is an amendment to an existing rule. Comments accepted until 01/03/2023. No hearing is scheduled. Earliest possible effective date is 01/10/2023.
  • R590-265, Hazardous Financial Condition.
    This is an amendment to an existing rule. Comments accepted until 01/03/2023. No hearing is scheduled. Earliest possible effective date is 01/10/2023.
  • R590-272, Commission Compensation Reporting.
    This is an amendment to an existing rule. Comments accepted until 01/03/2023. No hearing is scheduled. Earliest possible effective date is 01/10/2023.

All rules are being amended to comply with Executive Order 2021-12most amendments do not add, remove, or change any regulations or requirements. They are largely clerical and grammatical changes. You can see the text of the proposed amendments at https://insurance.utah.gov/consumer/legal-resources/rules and the links below:

  • R590-225, Submission of Property and Casualty Rate and Form Filings.
    This is an amendment to an existing rule. Comments accepted until 01/03/2023. No hearing is scheduled. Earliest possible effective date is 01/10/2023.
  • R590-239, Exemption of Student Health Centers From Insurance Code.
    This is an amendment to an existing rule. Comments accepted until 01/03/2023. No hearing is scheduled. Earliest possible effective date is 01/10/2023.
  • R590-258, Email Address Requirement.
    This is an amendment to an existing rule. Comments accepted until 01/03/2023. No hearing is scheduled. Earliest possible effective date is 01/10/2023.
  • R590-269, Individual Open Enrollment Period.
    This is an amendment to an existing rule. Comments accepted until 01/03/2023. No hearing is scheduled. Earliest possible effective date is 01/10/2023.
  • R590-276, Record Retention for Foreign Insurers, Alien Insurers, Commercially Domiciled Insurers, Foreign Title Insurers, and Foreign Fraternals.
    This is an amendment to an existing rule. Comments accepted until 01/03/2023. No hearing is scheduled. Earliest possible effective date is 01/10/2023.
  • R590-279, Rule Designating Fraud Division Offices as a Secured Area.
    This is an amendment to an existing rule. Comments accepted until 01/03/2023. No hearing is scheduled. Earliest possible effective date is 01/10/2023.
  • R590-280, Counting Short-Term Funds.
    This is an amendment to an existing rule. Comments accepted until 01/03/2023. No hearing is scheduled. Earliest possible effective date is 01/10/2023.
  • R590-282, Pharmacy Benefit Managers.
    This is an amendment to an existing rule. Comments accepted until 01/03/2023. No hearing is scheduled. Earliest possible effective date is 01/10/2023.

The Utah Insurance Department has made effective three rules:

  • R590-164, Uniform Health Billing Rule
  • R590-208, Uniform Application for Certificates of Authority
  • R590-283, Defrayal of State-Required Benefits

R590-164 and R590-208 were amended to comply with Executive Order 2021-12; the amendments do not add, remove, or change any regulations or requirements. They are largely clerical and grammatical changes.

 

R590-283 was amended to institute additional reporting requirements and change the date that a mandate defrayal payment is made by the state.

 

 You can see the text of the amended rules at https://insurance.utah.gov/consumer/legal-resources/rules and the links below:

  • R590-164, Uniform Health Billing Rule.
    Rule changes put into effect 10/24/2022.
  • R590-208, Uniform Application for Certificates of Authority.
    Rule changes put into effect 10/24/2022.

R590-283, Defrayal of State-Required 


The Utah Insurance Department has undertaken rulemaking actions on four rules:

  • Amendment
    • R590-93-4, Duties of an Insurer That Uses a Producer
    • R590-251, Preneed Life Insurance Minimum Standards to Determine Reserve Liabilities and Nonforfeiture Values
  • Repeal
    • R590-232, Authorization for a Health Maintenance Organization to Provide Services as Third Party Administrator of Health Care Benefits
  • New
    • R590-289, Term and Universal Life Insurance Reserve Financing

You can see the text of the rule filings at https://insurance.utah.gov/consumer/legal-resources/rules and the links below:

  • R590-93-4, Duties of an Insurer That Uses a Producer.
    This is an amendment to an existing rule. Comments accepted until 11/14/2022. No hearing is scheduled. Earliest possible effective date is 11/21/2022.
  • R590-232, Authorization for a Health Maintenance Organization to Provide Services as Third Party Administrator of Health Care Benefits.
    This is a repeal of an existing rule. Comments accepted until 11/14/2022. No hearing is scheduled. Earliest possible effective date is 11/21/2022.
  • R590-251, Preneed Life Insurance Minimum Standards to Determine Reserve Liabilities and Nonforfeiture Values.
    This is an amendment to an existing rule. Comments accepted until 11/14/2022. No hearing is scheduled. Earliest possible effective date is 11/21/2022.
  • R590-289, Term and Universal Life Insurance Reserve Financing.
    This is a new rule. Comments accepted until 11/14/2022. No hearing is scheduled. Earliest possible effective date is 11/21/2022.


The Utah Insurance Department has filed an effective date for R590-160-8, Agency Review.

 

 The rule was amended to remove a reference to Section 63G-4-302, which allows an agency to reconsider an agency review. The availability of agency review reconsideration is at the agency's discretion, and the Department has decided to no longer provide reconsideration.

 

You can see the text of the rule filings at https://insurance.utah.gov/consumer/legal-resources/rules and the link below:

  • R590-160-8, Agency Review.
    Rule changes put into effect 10/11/2022.


The Utah Insurance Department has undertaken rulemaking actions on four rules:

  • Repeal & Reenact
    • R590-130, Rules Governing Advertisements of Insurance
  • Amendment
    • R590-198, Valuation of Life Insurance Policies
    • R590-235, Medicare Prescription Drug Plan
  • Repeal
    • R590-270, Risk Adjustment Data Submission Requirements

Each action is a result of Executive Order 2021-12 and the changes are largely clerical and grammatical. You can see the text of the rule filings at https://insurance.utah.gov/consumer/legal-resources/rules and the links below:

  • R590-130, Rules Governing Advertisements of Insurance.
    This is a repeal and reenactment of an existing rule. Comments accepted until 12/01/2022. No hearing is scheduled. Earliest possible effective date is 12/08/2022.
  • R590-198, Valuation of Life Insurance Policies.
    This is an amendment to an existing rule. Comments accepted until 12/01/2022. No hearing is scheduled. Earliest possible effective date is 12/08/2022.
  • R590-235, Medicare Prescription Drug Plan.
    This is an amendment to an existing rule. Comments accepted until 12/01/2022. No hearing is scheduled. Earliest possible effective date is 12/08/2022.
  • R590-270, Risk Adjustment Data Submission Requirements.
    This is a repeal of an existing rule. Comments accepted until 12/01/2022. No hearing is scheduled. Earliest possible effective date is 12/08/2022.



Below is the Utah Insurance Bulletin 2022-5: Required Appointments and Designations.

Bulletin 2022-5.pdf

It reminds all Utah-licensed producers and adjusters about important appointment and designation requirements.

The Utah Insurance Department has filed effective dates for two rules:

  • R590-131, Accident and Health Coordination of Benefits Rule
  • R590-219, Credit Scoring

The rules were amended to comply with Executive Order 2021-12; the amendments do not add, remove, or change any regulations or requirements. They are largely clerical and grammatical changes. You can see the text of the rule filings at https://insurance.utah.gov/consumer/legal-resources/rules and the links below:

  • R590-131, Accident and Health Coordination of Benefits Rule.
    Rule changes put into effect 08/22/2022.

R590-219, Credit Scoring.
Rule changes put into effect 08/22/2022


The Utah Insurance Department has made effective five rules:
  • R590-93, Replacement of Life Insurance and Annuities, repeal and reenact
  • R590-162, Actuarial Opinion and Memorandum Rule, amendments
  • R590-178, Securities Custody, amendments
  • R590-207, Health Producer Commissions for Small Employer Groups, amendments
  • R590-247, Universal Health Insurance Application Rule, amendments
The rules were amended to comply with Executive Order 2021-12the amendments do not add, remove, or change any regulations or requirements. They are largely clerical and grammatical changes. You can see the text of the amended rules at https://insurance.utah.gov/consumer/legal-resources/rules and the links below:
  • R590-93, Replacement of Life Insurance and Annuities.
    Rule changes put into effect 08/08/2022.
  • R590-162, Actuarial Opinion and Memorandum Rule.
    Rule changes put into effect 08/08/2022.
  • R590-178, Securities Custody.
    Rule changes put into effect 08/08/2022.
  • R590-207, Health Producer Commissions for Small Employer Groups.
    Rule changes put into effect 08/08/2022.
  • R590-247, Universal Health Insurance Application Rule.
    Rule changes put into effect 08/08/2022.
The Utah Insurance Department has filed amendments to two rules:
  • R590-160-8, Agency Review, is being amended to remove a reference to Section 63G-4-302, which allows an agency to reconsider an agency review. The availability of agency review reconsideration is at the agency's discretion, and the Department has decided to no longer provide reconsideration.
  • R590-164, Uniform Health Billing Rule, is being amended to comply with Executive Order 2021-12; the amendments do not add, remove, or change any regulations or requirements. They are largely clerical and grammatical changes.
You can see the text of the rule filings at https://insurance.utah.gov/consumer/legal-resources/rules and the links below:
  • R590-160-8, Agency Review.
    This is an amendment to an existing rule. Comments accepted until 10/03/2022. No hearing is scheduled. Earliest possible effective date is 10/10/2022.
  • R590-164, Uniform Health Billing Rule.
    This is an amendment to an existing rule. Comments accepted until 10/03/2022. No hearing is scheduled. Earliest possible effective date is 10/10/2022.

The Utah Insurance Department has filed effective dates for two rules:

  • R590-288, Limited Line Producer Line of Authority for Pet Insurance — effective 7/8/2022
  • R590-215, Permissible Arbitration Provisions for Individual and Group Health Insurance — effective 7/27/2022

R590-288 is a new rule that creates a limited line of authority for pet insurance.

 

R590-215 is an existing rule that was amended to comply with Executive Order 2021-12the amendments do not add, remove, or change any regulations or requirements. They are largely clerical and grammatical changes.

 

You can see the text of the rule filings at https://insurance.utah.gov/consumer/legal-resources/rules and the links below:

  • R590-215, Permissible Arbitration Provisions for Individual and Group Health Insurance.
    Rule changes put into effect 07/27/2022.
  • R590-288, Limited Line Producer Line of Authority for Pet Insurance.
    Rule put into effect 07/08/2022.


6/28/2022 Bulletin 2022-4.pdf Requesting Exemption from the Requirements of a Principle-Based Valuation

6/15/2022

The Utah Insurance Department has undertaken rulemaking actions on five rules:

  • R590-93, Replacement of Life Insurance and Annuities, repeal and reenact
  • R590-162, Actuarial Opinion and Memorandum Rule, amendments
  • R590-178, Securities Custody, amendments
  • R590-207, Health Producer Commissions for Small Employer Groups, amendments
  • R590-247, Universal Health Insurance Application Rule, amendments

The rules are being amended to comply with Executive Order 2021-12the amendments do not add, remove, or change any regulations or requirements. They are largely clerical and grammatical changes. You can see the text of the proposed amendments at https://insurance.utah.gov/consumer/legal-resources/rules and the links below:

  • R590-93, Replacement of Life Insurance and Annuities.
    This is a repeal and reenactment of an existing rule. Comments accepted until 08/01/2022. No hearing is scheduled. Earliest possible effective date is 08/08/2022.
  • R590-162, Actuarial Opinion and Memorandum Rule.
    This is an amendment to an existing rule. Comments accepted until 08/01/2022. No hearing is scheduled. Earliest possible effective date is 08/08/2022.
  • R590-178, Securities Custody.
    This is an amendment to an existing rule. Comments accepted until 08/01/2022. No hearing is scheduled. Earliest possible effective date is 08/08/2022.
  • R590-207, Health Producer Commissions for Small Employer Groups.
    This is an amendment to an existing rule. Comments accepted until 08/01/2022. No hearing is scheduled. Earliest possible effective date is 08/08/2022.
  • R590-247, Universal Health Insurance Application Rule.
    This is an amendment to an existing rule. Comments accepted until 08/01/2022. No hearing is scheduled. Earliest possible effective date is 08/08/2022.


The Utah Insurance Department has filed effective dates for four rules:

  • R590-173, Credit for Reinsurance
  • R590-196, Bail Bond Premium and Fee Standards, Collateral Standards, and Disclosure Form
  • R590-199, Plan of Orderly Withdrawal Rule Relating to Health Benefit Plans
  • R590-271, Data Reporting for Consumer Quality Comparison

    The rules were amended to comply with Executive Order 2021-12most amendments did not add, remove, or change any regulations or requirements. They are largely clerical and grammatical changes.

     However, the repeal and reenactment of R590-173 also added a section (R590-173-9) and reorganized the rule to match more closely with the NAIC model regulation, which is required for accreditation.

     You can see the text of the amended rules at https://insurance.utah.gov/consumer/legal-resources/rules and the links below:
  • R590-173, Credit for Reinsurance.
    Rule changes put into effect 06/07/2022.
  • R590-196, Bail Bond Premium and Fee Standards, Collateral Standards, and Disclosure Form.
    Rule changes put into effect 06/07/2022.
  • R590-199, Plan of Orderly Withdrawal Rule Relating to Health Benefit Plans.
    Rule changes put into effect 06/07/2022.
  • R590-271, Data Reporting for Consumer Quality Comparison.
    Rule changes put into effect 06/07/2022.