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H.B. 230
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INSURANCE DEPARTMENT - HEALTH
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POLICY RESPONSIBILITIES
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Rebecca D. Lockhart
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AN ACT RELATING TO INSURANCE; REQUIRING THE INSURANCE COMMISSIONER
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TO PREPARE AN ANNUAL EVALUATION OF THE STATE'S HEALTH INSURANCE
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INDUSTRY h [
; ELIMINATING THE HEALTH POLICY COMMISSION; AND PROVIDING AN
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EFFECTIVE DATE
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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31A-2-201, as last amended by Chapter 316, Laws of Utah 1994
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63-55-263, as last amended by Chapters 13, 122 and 270, Laws of Utah 1998
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REPEALS:
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63C-3-101, as enacted by Chapter 293, Laws of Utah 1994
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63C-3-102, as enacted by Chapter 293, Laws of Utah 1994
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63C-3-103, as last amended by Chapter 10, Laws of Utah 1997
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63C-3-104, as last amended by Chapter 21, Laws of Utah 1999
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63C-3-105, as enacted by Chapter 293, Laws of Utah 1994
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
31A-2-201
is amended to read:
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31A-2-201. General duties and powers.
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(1) The commissioner shall administer and enforce this title.
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(2) The commissioner has all powers specifically granted, and all further powers that are
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reasonable and necessary to enable him to perform the duties imposed by this title.
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(3) (a) The commissioner may make rules to implement the provisions of this title
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according to the procedures and requirements of Title 63, Chapter 46a, Utah Administrative
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Rulemaking Act.
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(b) In addition to the notice requirements of Section
63-46a-4
, the commissioner shall
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provide notice under Section
31A-2-303
of hearings concerning insurance department rules.
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(4) (a) The commissioner shall issue prohibitory, mandatory, and other orders as necessary
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to secure compliance with this title. An order by the commissioner is not effective unless the
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order:
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(i) is in writing; and
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(ii) is signed by the commissioner or under the commissioner's authority.
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(b) On request of any person who would be affected by an order under Subsection (4)(a),
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the commissioner may issue a declaratory order to clarify the person's rights or duties.
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(5) (a) The commissioner may hold informal adjudicative proceedings and public
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meetings, for the purpose of investigation, ascertainment of public sentiment, or informing the
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public.
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(b) No effective rule or order may result from informal hearings and meetings unless the
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requirement of a hearing under Section
31A-2-301
is satisfied.
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(6) The commissioner shall inquire into violations of this title and may conduct any
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examinations and investigations of insurance matters, in addition to examinations and
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investigations expressly authorized, that he considers proper to determine:
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(a) whether or not any person has violated any provision of this title; or
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(b) to secure information useful in the lawful administration of any provision of this title.
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(7) (a) Each year, the commissioner shall:
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(i) conduct an evaluation of the state's health insurance industry; and
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(ii) report the findings of the evaluation to the Health and Human Services Interim
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Committee before July 31.
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(b) The evaluation shall:
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(i) analyze the effectiveness of the insurance regulations and statutes in promoting a
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healthy, competitive health insurance industry by assessing such things as the marketing of
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individual and group products, rate charges, market share charges, and accessibility;
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(ii) assess complaint ratios and trends within the health insurance industry; and
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(iii) contain recommendations for action to improve the overall effectiveness of the health
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insurance market, administrative rules, and statutes.
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Section 2.
Section
63-55-263
is amended to read:
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63-55-263. Repeal dates, Titles 63, 63A, and 63C.
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(1) (a) Title 63, Chapter 25a, Part 1, Commission on Criminal and Juvenile Justice, is
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repealed July 1, 2002.
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(b) Title 63, Chapter 25a, Part 3, Sentencing Commission, is repealed January 1, 2002.
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(2) The Crime Victims' Reparations Board, created in Section
63-25a-404
, is repealed July
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1, 2007.
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(3) The Resource Development Coordinating Committee, created in Section
63-28a-2
, is
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repealed July 1, 2004.
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(4) Title 63, Chapter 38c, State Appropriations and Tax Limitation Act, is repealed July
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1, 2005.
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(5) Title 63, Chapter 75, Families, Agencies, and Communities Together for Children and
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Youth At Risk Act, is repealed July 1, 2001.
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(6) Title 63, Chapter 88, Navajo Trust Fund, is repealed July 1, 2000.
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(7) Sections
63A-4-204
and
63A-4-205
, authorizing the Risk Management Fund to provide
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coverage to nonstate entities, are repealed July 1, 2001.
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(8) Title 63A, Chapter 7, Utah Sports Authority Act, is repealed July 1, 2003.
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(9) Title 63A, Chapter 10, State Olympic Coordination Act, is repealed July 1, 2003.
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[(10) The Utah Health Policy Commission, created in Title 63C, Chapter 3, is repealed
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July 1, 2001.]
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[(11)] (10) The Utah Pioneer Sesquicentennial Celebration Coordinating Council created
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in Section
63C-5-102
is repealed June 30, 1998.
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Section 3. Repealer.
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This act repeals:
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Section 63C-3-101, Creation of Health Policy Commission.
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Section 63C-3-102, Goal of commission.
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Section 63C-3-103, Membership -- Appointment -- Terms -- Per diem and expenses
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-- Quorum.
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Section 63C-3-104, Duties of commission.
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Section 63C-3-105, Staffing.
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Section 4. Effective date.
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This act takes effect on July 1, 2000
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Legislative Review Note
as of 1-14-00 1:32 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.