Utah Admin. Code R590-240-6 - Procedure for Obtaining Exemption
(1)
(a) An
institution seeking to have its student health program exempted from Title 31A,
Insurance Code, shall file with the department an application in a form
prescribed by the commissioner for an order exempting the student health
program, and shall provide verifiable documentation in support of its
application, including documentation to support that the exemption requirements
in Section R590-240-5 have been
met.
(b) The application shall
provide assurance that the institution has sufficient assets placed in trust,
or otherwise pledged or guaranteed under Section
R590-240-5 under conditions
acceptable to the commissioner, to meet any liability the institution has for
its student health program.
(2) When considering an institution's request
for exemption, the commissioner may require the following:
(a) additional evidence or information from
the institution;
(b) an examination
of the institution's student health program by the department, at the
institution's expense; or
(c) a
hearing on the application.
(3)
(a)
Upon a finding that a student health program complies with this rule, the
commissioner may issue an order exempting the student health program from Title
31A, Insurance Code.
(b) The
commissioner may place any restrictions or conditions upon the exemption the
commissioner believes to be necessary to protect the interests of the residents
of this state.
(4) A
student health program is not exempt from Title 31A, Insurance Code, unless the
commissioner has issued a written order explicitly stating the student health
program is so exempt.
(5) The
department shall retain continuing jurisdiction over an institution's student
health program to assure compliance with the terms and conditions in Section
R590-240-5, including any
changes in the law or the facts upon which the exemption is granted.
(6) Any inconsistencies between this rule and
any order previously issued exempting a student health program from Title 31A,
Insurance Code, are resolved by incorporating this rule.
Notes
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