Utah Admin. Code R590-240-4 - Findings
Pursuant to Subsection 31A-1-103(3)(d), the commissioner makes the following findings:
(1) A student health program is an insurer as
defined in Section
31A-1-301 and shall comply with
the requirements of Title 31A, Insurance Code, unless it is exempted from
regulation by statute or this rule.
(2) An institution may offer a student health
program only to an eligible member at the institution.
(a) An institution has an interest in
providing affordable health care coverage to its students to enable the
students to receive limited health care to ensure that progress toward a degree
or certificate is not impeded by unattended medical needs.
(b) In some instances, an institution may
also offer a student health program to a spouse or dependent of a
student.
(3) A student
health program is not established to enable an institution to make a profit
from providing health care coverage.
(a)
Providing or arranging for health care services for a student is not the
primary purpose of an institution , but rather incidental to the institutions'
primary purpose, which is to educate those that matriculate with the
institution .
(b) The economic
impact on a health care provider directly, and the public indirectly, from
students receiving medical services and then not being able to pay for those
services, is mitigated by an institution providing its students with access to
affordable health care coverage through a student health program.
(4) An institution is either a
state institution under the direct control of, and supervised by, the Board , or
it is accredited by the Northwest Commission on Colleges and Universities.
(a) To be accredited, an institution shall
meet strict accounting standards and be able to demonstrate it is financially
solid.
(b) An institution shall
comply with the strict accounting and financial requirements of the Board or
the Northwest Commission on Colleges and Universities, which include the need
to reflect on the financial statements of the institution any liability for
risks the institution assumes, or costs the institutions may incur, for its
student health program.
(c) Any
shortfall in providing health care services at the student health center is the
obligation of the institution .
(5) A student health program that operates
under Section R590-240-5 and obtains an order
of exemption under Section
R590-240-6 does not require
regulation for the protection of the interests of the residents of this state,
and is exempt from Title 31A, Insurance Code.
(6) If an institution assumes any risk of a
student health program, the institution shall:
(a) apply for a certificate of authority to
conduct the business of an insurer; or
(b) apply to the commissioner for an
exemption under this rule.
(7) Health insurance from an insurer made
available by an institution to its eligible members is not exempt from Title
31A, Insurance Code, under this rule even if the health insurance from a health
insurer is integrated into the overall student health program offered by the
institution , or use of the institution 's student health center is an integral
or required part of the health care coverage under the insurer's
policy.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.